chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Animal Health and Livestock Services Professionals Council Act, 2022

Chapter-7

Offenses and Penalties

32. Deemed to have Committed an Offense: Practicing the Animal Health and Animal Service profession without registration of name pursuant to Section 12 shall be deemed to have committed an offense under this Act. 33. Penalty: (1) A person committing an offense pursuant to Section 32 shall be liable to a fine of up to fifty thousand rupees or imprisonment for up to six months or both, depending on the gravity of the offense.

(2) Except as mentioned in sub-section (1), if any person does any work contrary to this Act or the rules made under this Act, such person shall be liable to a fine of up to thirty thousand rupees. Chapter-8

Miscellaneous

34. Investigation and Diary of Cases: The investigation of cases punishable under Section 33 shall be conducted by an officer of the Council designated by the Council, and after the completion of such investigation, the case shall be filed in the concerned District Court after obtaining the opinion of the government attorney. 35. Government of Nepal to be Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 36. Dissolution of the Council: (1) If the Council fails to exercise the powers conferred upon it according to this Act or the rules made under this Act, misuses its powers, exercises powers beyond those conferred, or fails to perform the duties required to be performed by the Council under this Act and the rules made under this Act, the Government of Nepal may dissolve the Council. Provided that, before dissolving the Council, the Council shall be given an opportunity to improve or rectify its functions and proceedings.

(2) After the Council is dissolved under sub-section (1), the Government of Nepal may retain the Fund and other properties of the Council under its own responsibility and may itself perform all the functions required to be performed by the Council under this Act and the rules made under this Act, or may constitute a committee and cause them to be performed by such committee, until another Council is constituted.

(3) Within six months of the dissolution of the Council under sub-section (1), the Government of Nepal shall constitute another Council pursuant to sub-section (1) of Section 5.

(4) After another Council is constituted under sub-section (3), the Government of Nepal shall transfer the Fund and properties retained under its responsibility pursuant to sub-section (2) to that Council. 37. Committee: (1) The Council may constitute various thematic committees as prescribed to implement the decisions of the Council.

(2) The functions, duties, and powers of the thematic committees constituted under sub-section (1) shall be as prescribed. 38.
Animal Health and Livestock Services Professionals Council Act, 2022

37. Committee: (1) The Council may constitute various thematic committees as prescribed to implement the decisions of the Council.

(2) The functions, duties, and powers of the thematic committees constituted under sub-section (1) shall be as prescribed. 38. Delegation of Powers: The Council may, as necessary, delegate some of the powers conferred upon it under this Act to the Chairperson, Vice-chairperson, or Members. 39. Subject to this Act: Matters described in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 40. Contact with Government of Nepal: When contacting the Government of Nepal, the Council shall do so through the Ministry. 41. Act Implementation Review: Within one year of the completion of five years from the commencement of this Act, and thereafter within one year after every five years, the Ministry shall review the implementation of the Act and shall submit a report thereof to the relevant committee of both houses of the Federal Parliament. 42. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act. 43. Power to Make Regulations: (1) The Council may make necessary regulations on matters relating to employee recruitment, service terms and facilities, and the functioning of the Council.

(2) Regulations made under sub-section (1) shall come into force after approval by the Ministry.

(3) Prior to granting approval under sub-section (2), the Ministry shall obtain the consent of the Ministry of Finance on matters involving financial liability. 44. May Make Directives and Procedures: Subject to this Act and the rules made under this Act, the Council may, with the approval of the Ministry, make necessary directives and procedures. 45. Amendment to Schedule: The Government of Nepal may, by publishing a notice in the Nepal Gazette, amend the Schedule as necessary. Schedule
(Related to Section 13)

Qualifications of Animal Health and Animal Service Practitioner

(a) Having passed S.E.E. or equivalent and obtained one year of Stock Supervisor training,

(b) Having passed Technical S.E.E. or equivalent in Animal Health and Animal Husbandry,

(c) Having passed S.E.E. or equivalent and completed the J.T.A. Course (Animal Science),

(d) Having passed S.E.E. or equivalent and passed the skill test in Animal Science at Level-2 from the Council for Technical Education and Vocational Training,

(e) Having passed a Certificate level in Animal Science or completed grade twelve in a subject related to Animal Health and Animal Service, or completed a Technical Certificate level, Diploma (3 years) course, or

(f) Having passed a Bachelor's degree or equivalent in Animal Science or Fisheries Science, or completed a Master's degree or Doctor of Philosophy in a related subject.
Pashupati Area Development Trust Act, 1987

Pashupati Area Development Fund Act, 2044

Royal Seal and Publication Date
2044.4.29

Amending Acts

1. Pashupati Area Development Fund (First Amendment) Act, 2049 2050.5.7
2. Some Nepal Acts Amending Act relating to Sports and Culture, 2053 2053.9.3

Certification and Publication Dates

3. Some Nepal Laws Amending Act, 2063 2063.6.28
4. Republic Strengthening and Some Nepal Laws Amending Act, 2066 2066.10.7
5. Some Nepal Acts Amending Act, 2072 2072.11.13
6. Some Nepal Acts Amending Act to make Compatible with the Constitution of Nepal, 2075 2075.11.19

Act No. 5 of the year 2044



An Act Made to Provide for the Pashupati Area Development Fund

Preamble: Whereas, it is desirable to make provisions relating to the Pashupati Area Development Fund for the protection, preservation and development of the Shree Pashupatinath area and for maintaining the piety and convenience of the general public,

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the Rashtriya Panchayat. 1. Short Title and Commencement:
1.1 This Act may be called the "Pashupati Area Development Fund Act, 2044". 1.2 This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

2.1.1 "Pashupati Area" means the area within the boundaries specified by the Government of Nepal by publishing a notice in the Nepal Gazette from time to time for the protection, preservation and development of the Pashupati Area. 2.1.2 "Fund" means the Pashupati Area Development Fund established pursuant to Section 3. 2.1.3 "Patron" means the Patron of the Fund. 2.1.4 "Chairperson" means the Chairperson of the Fund. Amended by the First Amendment. 2.1.5 "Council" means the Pashupati Area Development Fund Operating Council constituted pursuant to Section 8 for the operation of the Fund. Amended by the First Amendment. 2.1.6 "Member" also refers to the Vice-Chairperson, Treasurer, Member and Member-Secretary of the Council. 2.1.7 Omitted by the First Amendment. 2.1.8 Omitted by the First Amendment. 2.1.9 Omitted by the First Amendment. 2.1.10 "Donation" means cash, kind and movable and immovable property provided by a donor as assistance to the Fund. 2.1.11 "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Establishment of the Fund:
3.1 A Fund called the Pashupati Area Development Fund shall be established for the development of the Pashupati Area. 3.2 The office of the Fund shall be located in Kathmandu. 4. Fund to be an Autonomous Body:
4.1 The Fund shall be an autonomous and corporate body with perpetual succession. 4.2 The Fund shall have its own separate seal for all its acts and business. 4.3 The seal and emblem of the Fund shall be as decided by the Council.
Pashupati Area Development Trust Act, 1987

4. Fund to be an Autonomous Body:
4.1 The Fund shall be an autonomous and corporate body with perpetual succession. 4.2 The Fund shall have its own separate seal for all its acts and business. 4.3 The seal and emblem of the Fund shall be as decided by the Council. 4.4 The Fund may, like a person, purchase, acquire, use, sell or otherwise deal with movable and immovable property as required. Amended by Some Nepal Laws Amending Act, 2063. 4.5 The Fund may, like a person, sue and be sued in the same name. Amended by Some Nepal Laws Amending Act, 2063. 5. Patron: The Prime Minister shall be the Patron of the Fund. 6. Objectives of the Fund:
6.1 The objectives of the Fund shall be as follows:-
6.1.1 Omitted by Some Nepal Laws Amending Act, 2063. To maintain the Pashupati Area of the worshipable Lord Shree Pashupatinath as a place of worship only for Hindus and as a Sanatan pilgrimage site, as the said Pashupati Area has been retained as such,
6.1.2 To ensure the systematic protection, preservation and development of the Pashupati Area in keeping with the ideal, dignity and importance of Shree Pashupatinath,
6.1.3 To preserve, protect and promote the ancient, historical, religious, cultural and nationally important objects or Amended by Some Nepal Laws Amending Act, 2063. sites, the movable and immovable properties of Shree Pashupatinath, and the natural heritage within the Pashupati Area. Added by the First Amendment. 6.1.3a. To make arrangements for conducting worship, cultural festivals, and social and public welfare activities in accordance with traditional religious practices and customs at the temples of all deities under the Raj Guthi located within the Pashupati Area, including the Shree Pashupatinath Temple, Amended by Some Nepal Laws Amending Act, 2063. 6.1.4 To systematically develop this holy pilgrimage site in a befitting manner Amended by Some Nepal Laws Amending Act, 2063. for the convenience of all Hindu followers and tourists from home and abroad, and to develop it as an international pilgrimage destination, and
6.1.5 To carry out other activities systematically in accordance with the objectives of this Act. Amended by Some Nepal Laws Amending Act, 2063. 7. Chairperson of the Fund: The Minister or Minister of State for Culture, Tourism and Civil Aviation shall be the Chairperson of the Fund. Amended by the First Amendment. 8. Constitution of the Pashupati Area Development Operating Council:
8.1 For the conduct and supervision of all business of the Fund, a Pashupati Area Development Fund Operating Council shall be constituted under the chairpersonship of the Minister or Minister of State for Culture, Tourism and Civil Aviation. Amended by Some Nepal Laws Amending Act, 2063.
Pashupati Area Development Trust Act, 1987

Amended by Some Nepal Laws Amending Act, 2063. 8.2 The Council constituted pursuant to Sub-section 8.1 shall consist of the following members:-
8.2.1 Omitted by Some Nepal Laws Amending Act, 2063. 8.2.2 Omitted by the Republic Strengthening and Some Nepal Laws Amending Act, 2066. 8.2.3 Omitted by the Republic Strengthening and Some Nepal Laws Amending Act, 2066. 8.2.4 Omitted by the Republic Strengthening and Some Nepal Laws Amending Act, 2066. Added by Some Nepal Laws Amending Act, 2063. 8.2.4a. Member, National Planning Commission (looking after Culture) - Member
8.2.5 Mul Bhatta, Shree Pashupatinath Temple - Member
8.2.6 Amended by Some Nepal Acts Amending Act to make Compatible with the Constitution of Nepal, 2075. Secretary, Ministry of Culture, Tourism and Civil Aviation - Member
Added by Some Nepal Laws Amending Act, 2063. 8.2.6a. Secretary, Ministry of Home Affairs - Member
Added by Some Nepal Laws Amending Act, 2063. 8.2.7 Secretary, Ministry of Physical Infrastructure and Transport - Member
8.2.8 Omitted by Some Nepal Acts Amending Act, 2072. 8.2.9 Chief, Kathmandu Municipality - Member
8.2.10 Chairperson or Administrator, Guthi Corporation - Member
8.2.11 Persons nominated by the Chairperson from among Amended by Some Nepal Laws Amending Act, 2063. experts in culture and religious tourism, Added by Some Nepal Laws Amending Act, 2063. up to a maximum of seven persons - Member
8.2.12 Person nominated by the Chairperson - Treasurer
8.2.13 Person nominated by the Chairperson - Member-Secretary
8.3 Omitted by Some Nepal Laws Amending Act, 2063. The Chairperson may make necessary additions, reductions or changes among the members of the Council. Notice of such additions, reductions or changes shall be published in the Nepal Gazette. 8.4 Repealed by the First Amendment. 8.5 While nominating members pursuant to Sub-section 8.2.11, at least one member shall be nominated from among social workers permanently residing within the Pashupati Area. 8.6 The term of office of nominated members shall be four years, and they may be re-nominated after the expiry of their term. 9. Repealed by the First Amendment. 10. Functions, Duties and Powers of the Council:
10.1 The functions, duties and powers of the Council shall be as follows:-
10.1.1 To be diligent in fulfilling the objectives of the Fund in accordance with this Act,
10.1.2 To follow and cause to be followed the guidance given from time to time by the Chairperson,
10.1.3 To approve the Master Plan and annual plan of the Pashupati Area Amended by Some Nepal Laws Amending Act, 2063. and programs in accordance therewith and Omitted by the First Amendment. cause them to be implemented,
10.1.4 Amended by the First Amendment.
Pashupati Area Development Trust Act, 1987

To make arrangements for conducting all kinds of religious activities including worship, festivals, celebrations, and other activities according to traditional practices and customs at the temples of all deities under the Raj Guthi located within the Pashupati Area, including the Shree Pashupatinath Temple,
10.1.4a. Added by the First Amendment. To supervise the arrangements relating to other functions of Pashupati Amalkot Kachahari, Pashupati Bhandar Tahbil and Jayabageshwari Bhandar Tahbil, excluding cultivated land, and to determine policies relating to the functions of those bodies and give necessary directions,
10.1.4b. Added by the First Amendment. To organize or cause to be organized studies, research, workshops, seminars, etc., from time to time regarding the development of the Pashupati Area and the conduct of activities according to religious practices,
10.1.4c. Added by the First Amendment. To make arrangements for the protection of all kinds of houses, lands, monasteries, temples, shrines, rest houses, pavilions, platforms, etc., within the Pashupati Area related to Shree Pashupatinath and the deities situated within the Pashupati Area,
10.1.4d. Added by the First Amendment. To prepare an inventory disclosing the area of all kinds of Guthi lands, including fallow and barren lands, within or outside the Pashupati Area, belonging to monasteries, temples, rest houses, pavilions, platforms, stone spouts, ghats, gardens, forests and all deities within the Pashupati Area,
10.1.4e. Added by Some Nepal Laws Amending Act, 2063. To determine from time to time the rent, settlement-contract, lease or kind or cash royalty on the basis of the use and utilization of Guthi land of Shree Pashupatinath,
10.1.5 To make necessary arrangements for financial resources required for the implementation of plans and programs,
10.1.6 To constitute various committees and sub-committees as required within or outside the State of Nepal Amended by Some Nepal Laws Amending Act, 2063. for the fulfillment of the objectives of the Fund,
10.1.7 To determine policies for and give necessary guidance or direction to the various committees and sub-committees constituted pursuant to Sub-section 10.1.6, and to review and evaluate their work,
10.1.8 To prohibit and control activities that are not to be carried out in specific places within the Pashupati Area, taking into account the significance, sanctity and sensitivity of such places, and to prescribe such activities,
10.1.9 To cause the concerned bodies and persons to implement as expeditiously as possible the activities required for the fulfillment of the objectives of the Fund under this Act,
10.1.10 Added by the First Amendment.
Pashupati Area Development Trust Act, 1987

To ensure the participation of local units and people in the implementation of plans and programs, and to provide clear information to the public from time to time so as to avoid confusion and misunderstanding among the people about the plans and programs to be implemented,
10.1.11 Added by the First Amendment. To maintain a clean environment by conducting construction, repair, preservation and sanitation in a systematic manner while developing the Pashupati Area in a planned manner,
10.1.12 Added by the First Amendment. To systematize other basic public utility facilities such as drinking water, drainage, sewage, electricity, telephone, roads, etc., and to adopt regular and effective procedures to maintain cleanliness and prevent littering,
10.1.13 Added by the First Amendment. To make arrangements for tree planting, forests, gardens, parks, wildlife, forest heritage, etc., in the Pashupati Area,
10.1.14 Added by the First Amendment. To systematically conserve and promote ghats, cremation sites, river waterways, water resources, water flow, sand, etc., in the Pashupati Area,
10.1.15 Added by the First Amendment. To establish necessary standards to prevent pollution and maintain a clean environment in the Pashupati Area, obtain approval from the Government of Nepal, and implement them,
10.1.16 Added by the First Amendment. To publicize through appropriate means and mobilize public participation to protect the Pashupati Area as a pilgrimage site and to bring about widespread public awareness for its proper use,
10.1.17 Added by the First Amendment. To prescribe necessary standards regarding construction in the Pashupati Area, to acquire land through the Government of Nepal in accordance with prevailing law, and to undertake activities such as allocating land for various purposes,
10.1.18 Added by Some Nepal Laws Amending Act, 2063. To make transparent, as prescribed, the accounts of donations, offerings, gifts, and regular and special worship offered at Shree Pashupatinath and the monasteries and temples within the Pashupati Area, and to deposit them in the Fund,
10.1.19 Added by Some Nepal Laws Amending Act, 2063. To spend the prescribed portion of the Fund's income on social and welfare activities such as education, health, environmental protection. Added by Some Nepal Laws Amending Act, 2063. 10a. Appointment of Chief Priest and Other Priests:
10a.1 The appointment of the Chief Priest of Shree Pashupatinath Temple and other priests and the priest of Vasukinath Temple shall be made by the Patron on the recommendation of the Council. 10a.2 The appointment of priests, storekeepers and overseers of other monasteries and temples other than those mentioned in Sub-section 10a.1 shall be made by the Council. 11. Meetings of the Council:
11.1 Amended by the First Amendment.
Pashupati Area Development Trust Act, 1987

10a.2 The appointment of priests, storekeepers and overseers of other monasteries and temples other than those mentioned in Sub-section 10a.1 shall be made by the Council. 11. Meetings of the Council:
11.1 Amended by the First Amendment. The Member-Secretary of the Council shall convene a meeting of the Council by fixing the date, time and place in accordance with the direction of the Chairperson or the person chairing the meeting of the Council.
(11.2) Amended by Some Nepal Laws Amending Act, 2063. 11.2 The Chairperson shall preside over the meeting of the Council, and in the absence of the Chairperson, a member chosen by the members present at the meeting from among themselves shall preside.
(11.2a.) Amended by Some Nepal Laws Amending Act, 2063. 11.2a. Notwithstanding anything contained in Sub-section 11.2, the meeting of the Council that discusses the annual program, budget and quarterly progress review of the Council shall be presided over by the Chairperson. 11.3 While giving notice of a meeting, a reasonable time shall be fixed and notice given as required. 11.4 The meeting of the Council shall ordinarily be held twice a year. However, it may be held as many times as directed by the Chairperson. 11.5 The Member-Secretary shall maintain the minutes book of the meeting. 11.6 Other procedures necessary for the meeting shall be as determined by the Council itself. Amended by the First Amendment. 12. Provision of Employees:
12.1 The Member-Secretary of the Council shall act as the administrative head of the Council. 12.2 The Council may appoint other employees as required. 12.3 The remuneration, terms of service and facilities of the Treasurer, Member-Secretary and other employees shall be as prescribed. 13. 14. 15. Mode of Business Conduct: The internal mode of business conduct of the Council and the Omitted by the First Amendment. procedure for meetings and internal mode of business conduct of the various committees and sub-committees constituted under Sub-section 10.1.6 shall be as determined by the Council. 16. To Remain under the Control of the Government of Nepal:
16.1 Forests, jungles and barren lands within the Pashupati Area shall remain under the control of the Government of Nepal. Any registration of forests, jungles, barren lands, and pavilions, platforms, rest houses, monasteries, temples or shrines within the Pashupati Area, including Bankali, Mrigasthali, Tilganga, Kailash Ved Vidhyashram, Dev Udyan, and the lands appertaining thereto, ponds, riverbeds, and forests in the name of any person or institution shall be void. Forests, jungles, barren lands under the control of the Government of Nepal shall not be given to any person or association for use or enjoyment with or without transfer of rights.
Pashupati Area Development Trust Act, 1987

Forests, jungles, barren lands under the control of the Government of Nepal shall not be given to any person or association for use or enjoyment with or without transfer of rights. 16.2 For the purpose of developing the Pashupati Area, the provision of Sub-section 16.1 shall not be deemed to prevent the Council from systematically developing and utilizing forests, jungles and fallow, barren lands within the Pashupati Area. Amended by the First Amendment. 17. Prior Approval of the Council Required:
17.1 Notwithstanding anything contained in prevailing Nepalese laws, royal seals, charters, orders and other instruments, for the implementation of approved plans and programs as required for fulfilling the objectives of the Fund, no person shall, in any manner, transfer rights over or carry out any construction activity on land subject to his/her right of use within the area Amended by the First Amendment. prohibited by the Council within the Pashupati Area. Construction activity in places other than those Amended by the First Amendment. prohibited by the Council shall be carried out only in accordance with the standards determined from time to time by the Council. 17.2 While determining standards pursuant to Sub-section 17.1, the Council Amended by the First Amendment. may also determine and implement standards relating to buildings, roads, paths, bridges, drainage, sewage, toilets, telephone line poles and other basic public utilities. 17.3 In places demarcated by determining standards pursuant to Sub-sections 17.1 and 17.2, no person shall carry out new construction, reconstruction, alteration of the original foundation and style, additions, reductions, repairs or other construction activities on land subject to his/her right of use without the prior approval of the Council. Amended by the First Amendment. 17.4 The Kathmandu Valley Urban Development Plan Implementation Amended by the First Amendment. Council, Municipality or other body having the responsibility to approve or pass maps, with or without maps, in matters relating to construction shall not pass maps or grant approval for construction without the prior approval of the Council. Amended by the First Amendment. 17.5 If any person carries out construction activity with or without map approval without prior approval of the Council, Amended by the First Amendment. or if a map is approved, the person carrying out such construction activity and the concerned person or body approving the map may be punished by the Council Amended by the First Amendment. to the extent mentioned in Sub-section 18.1 of Section 18 of the Urban Development Act, 2045.
Pashupati Area Development Trust Act, 1987

The Council Amended by the First Amendment. may stop construction activity carried out without prior approval of the Council and any construction activity approved contrary to the standards or policy directions determined pursuant to Sub-section 10.1.17, Amended by the First Amendment. and may demolish any construction already made, and may recover the expenses incurred in such demolition from the concerned person. 17.6 A party dissatisfied with an order to stop, demolish or punish unauthorized construction activities pursuant to Sub-section 17.5 may file an appeal before the Appellate Court Amended by the First Amendment. within fifteen days from the date of hearing or receipt of such order. The decision of that Court in that regard shall be final. Amended by the First Amendment. 17.7 The Council may make provision, control and prohibition requiring prior approval of the Council Amended by the First Amendment. for entering vehicles, parking, filming, taking photographs, pasting posters or pictures, holding any kind of fair, or other publicity within the Pashupati Area. Provided that no approval of the Council shall be required for holding or conducting traditional dances, songs, festivals, fairs. Amended by the First Amendment. 17.8 If approval is given contrary to the standards, policy directions determined by the Council Amended by the First Amendment. regarding the grant of approval for construction activity, the concerned person of the Kathmandu Valley Urban Development Plan Implementation Amended by the First Amendment. Council giving such approval shall be liable to departmental action. 17.9 The functions to be performed by the Council Amended by the First Amendment. pursuant to the above sub-sections shall be performed by the Kathmandu Valley Urban Development Plan Implementation Amended by the First Amendment. Council. Provided that the Council Amended by the First Amendment. may, if it wishes, perform or cause to perform such function itself or through any other body or officer at any time. Added by the First Amendment. 17.10 The Government of Nepal may at any time void any act done by way of giving or taking without prior approval of the Council before transferring or changing rights over various Guthi or public or government lands within the Pashupati Area in accordance with the powers conferred by prevailing law, or before giving any land to any person for use or enjoyment in any other manner. 17a. Provisions Relating to Worship of Shree Pashupatinath and Supervision of the Temple:
Amended by Some Nepal Laws Amending Act, 2063. 17a.1 The duty of supervising the Shree Pashupatinath Temple shall lie with the Fund, and the duty of conducting the various worships of the Shree Pashupatinath Temple shall lie with the Mul Bhatta.
Pashupati Area Development Trust Act, 1987

17a.1 The duty of supervising the Shree Pashupatinath Temple shall lie with the Fund, and the duty of conducting the various worships of the Shree Pashupatinath Temple shall lie with the Mul Bhatta. 17a.2 Except as provided in Sub-section 17a.1, all affairs under the purview of the Mul Bhatta of Pashupati shall remain under the Council, and the arrangement regarding the conduct, collection, supervision and control of receipts, and the expenses for various works performed in the temple by individuals, including dakshina, offerings, fees, and for various activities within the Pashupati Area shall be Omitted by Some Nepal Laws Amending Act, 2063. as prescribed by the Council. Omitted by Some Nepal Laws Amending Act, 2063. 18. Fund and Accounts:
18.1 The Council may provide or cause to be provided donations for the Fund from any area, institution or person within or outside Nepal. Omitted by the Republic Strengthening and Some Nepal Laws Amending Act, 2066. In such activity, the Council itself Omitted by the First Amendment. or through various committees or sub-committees constituted under Sub-section 10.1.6 or any other body or person, may contact and receive donations. 18.2 Other necessary matters relating to the procedure for receiving donations shall be as determined by the Council. 18.3 The Fund shall consist of the following amounts:-
18.3.1 Amount provided by the Government of Nepal for the development of the Pashupati Area,
18.3.2 Donations provided for the Fund by areas, institutions or persons within or outside Nepal, Omitted by the Republic Strengthening and Some Nepal Laws Amending Act, 2066. Added by the First Amendment. 18.3a. Amount received from the income of all types of Guthi lands related to Shree Pashupatinath and the Pashupati Area,
Added by the First Amendment. 18.3b. Amount of dakshina and offerings received from various temples within the Pashupati Area,
18.3.3 Amount earned by investment ensuring maximum income and security of the Fund,
18.3.4 Fee or amount received in return for services provided by the Fund, and
18.3.5 Amount or donation received from other sources. 18.4 For the convenience of operating the Fund, the Fund may open accounts in any currency in banks within or outside the State of Nepal and deposit and operate accounts. 18.5 All expenses to be incurred on behalf of the Fund shall be borne by the Fund. 18.6 The operation of the Fund's account shall be as determined by the Council. Amended by Some Nepal Acts Amending Act relating to Sports and Culture, 2053. 18a.
Pashupati Area Development Trust Act, 1987

18.5 All expenses to be incurred on behalf of the Fund shall be borne by the Fund. 18.6 The operation of the Fund's account shall be as determined by the Council. Amended by Some Nepal Acts Amending Act relating to Sports and Culture, 2053. 18a. Prior Approval of the Government of Nepal Required for Agreement: While entering into an agreement with any domestic or foreign institution or body in the course of conducting its business, the Fund shall obtain the approval of the Government of Nepal. 19. Accounts and Audit:
19.1 The accounts of income and expenditure of the Fund shall be maintained as determined by the Council. 19.2 The audit of the Fund shall be conducted by the Office of the Auditor General. 19.3 The Office of the Auditor General may, if it wishes, examine the account books, related documents and other cash and kind of the Fund at any time. Amended by the First Amendment. 20. Delegation of Power: The Council may delegate its powers to a member of the Council or to a committee or sub-committee constituted under Sub-section 10.1.6, or to a member of such committee or sub-committee, as required. Added by the First Amendment. 20a. Prior Consent of the Fund Required: Before exercising, within the Pashupati Area, powers conferred upon it by prevailing law, any government or non-government body shall obtain the prior consent of the Fund. If any activity is carried out within the Pashupati Area without such prior consent of the Fund, such activity shall be void. Amended by the First Amendment. 21. Power to Make Rules:
21.1 For the purpose of fulfilling the objectives of this Act, the Fund may make rules on the following matters, and the rules so made must be approved by the Government of Nepal:-
21.1.1 Relating to administrative work to be performed by the Fund,
21.1.2 Relating to financial work to be performed by the Fund,
21.1.3 Relating to remuneration, facilities and terms of service of the employees of the Fund,
21.1.4 Relating to the business of Pashupatinath Amalkot Kachahari and Pashupatinath Tahbil,
21.1.5 Relating to conducting worship according to the traditional religious practices and customs of Pashupatinath and Guhyeshwari,
21.1.6 Relating to development and construction work within the Pashupati Area,
21.1.7 Relating to the income of Guthis within the Pashupati Area,
21.1.8 Relating to the operation of monasteries and temples of deities within the Pashupati Area under exempt Guthis under Raj Guthi and private Guthis,
21.1.9 On other necessary matters. Added by the First Amendment. 21a.
Pashupati Area Development Trust Act, 1987

Added by the First Amendment. 21a. To Prepare and Implement Code of Conduct: The Council shall prepare a code of conduct for all workers including priests, storekeepers, caretakers involved in the worship of Shree Pashupatinath Temple, and such code of conduct shall be implemented after approval by the Government of Nepal. 22. Contact with the Government of Nepal: The Fund shall contact the Government of Nepal through the Ministry of Culture, Tourism and Civil Aviation. Amended by Some Nepal Acts Amending Act to make Compatible with the Constitution of Nepal, 2075. 23. Facilities:
23.1 No direct or indirect taxes, fees or duties of any kind, including income tax, house and land tax, vehicle tax, interest tax, sales tax, registration fee, customs duty, imposed by the government or local Omitted by the First Amendment. level, shall be levied on the capital, income and property of the Fund. Provided, however, that:-
23.1.1 No exemption shall be given from customs duty, sales tax, excise duty and other taxes or duties included in the price of goods purchased from the local market for the day-to-day operation of the Fund. 23.1.2 The Fund shall pay fees or charges for any service. 23.2 The provisions relating to the ceiling under Section 7 of the Lands Act, 2021 shall apply to the land registered in the name of the Fund. 24. Saving and Power to Remove Difficulties:
24.1 Notwithstanding anything contained in prevailing Nepalese laws, royal seals, charters, orders or other instruments, the matters mentioned in this Act shall be according to this Act. 24.2 If any difficulty arises in the implementation of this Act, the Government of Nepal may issue such orders as it deems necessary to remove such difficulty. 25. Consequences after the Pashupati Area Development Fund Ordinance, 2043 becomes Inoperative:
25.1 After the Pashupati Area Development Fund Ordinance, 2043 becomes inoperative, unless a contrary intention appears, such inoperativeness shall not,-
25.1.1 revive anything not in force or not existing at the time the said Ordinance became inoperative,
25.1.2 affect any matter in progress under the said Ordinance or any other act done or suffered in pursuance thereof,
25.1.3 affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Ordinance,
25.1.4 affect any penalty, forfeiture or punishment incurred under the said Ordinance,
25.1.5 affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such legal proceeding or remedy may be instituted, continued or enforced as if the said Ordinance remained in force.
Nepal Administrative Staff College Act, 1982

Nepal Administrative Training Institute Act, 2039

Certification and Publication Date
2039.6.11

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7
2. Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal 2075.11.19

Act No. 4 of the year 2039



An Act Made to Provide for the Nepal Administrative Training Institute

Preamble: Whereas, it is desirable to make legal provisions for the establishment and operation of the Nepal Administrative Training Institute to provide planned training to the human resources of government bodies and corporations with the objective of enhancing administrative and management efficiency of such bodies and corporations;

Therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the National Panchayat. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Nepal Administrative Training Institute Act, 2039".

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

(a) "Institute" means the Nepal Administrative Training Institute established pursuant to Section 3.

(b) "Council" means the Training Council (Governing Council) constituted pursuant to Section 7.

(c) "Committee" means the Executive Committee constituted pursuant to Section 9.

(d) "Executive Director" means the Executive Director appointed pursuant to Sub-section (2) of Section 11.

(e) "Corporation" means an organized institution owned or controlled by the Government of Nepal, and also includes another institution owned or controlled by such institution.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules framed under this Act. Chapter - 2
Establishment, Objectives and Policy of the Nepal Administrative Training Institute

3. Establishment of the Nepal Administrative Training Institute: (1) The Nepal Administrative Training Institute is established in Nepal to provide high-level training on subjects related to administration and management.

(2) The Institute shall be called in English "Nepal Administrative Staff College".

(3) The Nepal Administrative Training Institute established before the commencement of this Act shall be deemed to have been established under this Act. 4. Institute to be a Corporate Body: (1) The Institute shall be an autonomous and incorporated body with perpetual succession.

(2) The Institute shall have its own separate seal.

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

(4) The Institute may, like a person, sue in its own name and be sued in its own name.

(5) Notwithstanding anything contained in the prevailing law, the operation and management of the Institute's own work shall be in accordance with this Act and the working procedure regulated by the rules or regulations made under this Act. 5.
Nepal Administrative Staff College Act, 1982

5. Objectives of the Institute: The objectives of the Institute shall be as follows:-

(a) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.To make provision for necessary training for the employees of the Government of Nepal, Provincial Government, Local Level and Corporations.

(b) To make arrangements for strengthening the administrative sector of the Government of Nepal and the management sector of Corporations to support the country's development programs.

(c) To conduct programs related to problem-oriented research, consultancy services and information services to make training more useful and to prepare training materials. 6. Policy Relating to Training: The policy relating to training conducted by the Institute shall be as follows:-

(a) To integrate training programs as an integral part of personnel administration.

(b) To link training programs with the development programs of the Government of Nepal and Corporations.

(c) To link training with career development by enhancing developmental knowledge and skills among the employees of the Government of Nepal and Corporations. Chapter-3
Formation, Functions, Duties and Powers of the Training Council and Executive Committee

7. Formation of the Training Council: (1) There shall be constituted a Training Council as the supreme body of the Institute, having members as follows:-

(a) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.Minister for Federal Affairs and General Administration - Chairperson

(b) Honorable Vice-Chairperson, National Planning Commission - Member

(c) Chairperson, Public Service Commission - Member

(d) Vice-Chancellor, Tribhuvan University - Member

(e) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.Chief Secretary, Government of Nepal, Office of the Prime Minister and Council of Ministers - Member

(f) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.Secretary, Ministry of Federal Affairs and General Administration - Member

(g) Secretary, Ministry of Finance - Member

(h) Executive Director of the Institute - Member-Secretary

(2) The meeting of the Council shall be held at least twice a year.

(3) The procedure for the meeting of the Council shall be as prescribed. 8. Functions, Duties and Powers of the Council: In addition to the functions mentioned elsewhere in this Act, the functions, duties and powers of the Council shall be as follows:-

(a) To determine policy relating to training and research programs to be conducted by the Institute.

(b) To make rules and approve regulations of the Institute.

(c) To approve the long-term plan of the Institute.

(d) To review and evaluate the progress of the annual program of the Institute and approve the budget.

(e) To give necessary directives to the Committee. 9.
Nepal Administrative Staff College Act, 1982

9. Formation of the Executive Committee: (1) There shall be constituted an Executive Committee having members as follows to conduct research programs in a systematic manner in accordance with the objectives and policy of the Institute:-

(a) Executive Director of the Institute - Chairperson

(b) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.Secretary, Ministry of Federal Affairs and General Administration - Member

(c) Amended by Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member

(d) Secretary, Ministry of Finance - Member

(e) Secretary, Public Service Commission - Member

(f) Secretary, National Planning Commission - Member

(g) Three persons nominated by the Government of Nepal - Member

(h) Deputy Executive Director of the Institute designated by the Council - Member-Secretary

(2) The Committee may, if it deems necessary, invite experts to participate as observers in the meeting of the Committee.

(3) The term of office of the nominated members of the Committee shall be two years. The remuneration and other facilities to be received by such nominated members shall be as prescribed.

(4) The meeting of the Committee shall be held as required.

(5) The quorum and other procedures for the meeting of the Committee shall be as prescribed. 10.
Nepal Administrative Staff College Act, 1982

The remuneration and other facilities to be received by such nominated members shall be as prescribed.

(4) The meeting of the Committee shall be held as required.

(5) The quorum and other procedures for the meeting of the Committee shall be as prescribed. 10. Functions, Duties and Powers of the Committee: The functions, duties and powers of the Committee shall be as follows:-

(a) To conduct appropriate training programs for the employees of the Government of Nepal and Corporations.

(b) To organize seminars, workshops and conferences from time to time on administrative problems and their solutions.

(c) To conduct programs related to research, consultancy services and information services.

(d) To contact training institutions of other countries and international organizations and assist in its training work.

(e) To advise the Government of Nepal through the Council on formulating national-level training policy.

(f) To formulate policy relating to the training and research programs of the Institute.

(g) To advise the Government of Nepal through the Council on bringing coordination among training programs related to various sectors of the Government of Nepal and Corporations.

(h) To formulate the long-term plan of the Institute.

(i) To prepare the annual program and budget of the Institute.

(j) To create posts for necessary employees for the Institute and appoint them.

(k) To evaluate, or cause to be evaluated, the training programs.

(l) To act as a contact medium between the Government of Nepal and international organizations in the field of training.

(m) To arrange for the periodic exchange of services of experienced persons in various fields to make training program-oriented and practical.

(n) To obtain the approval of the Council when selling property of the Institute exceeding the prescribed amount.

(o) To carry out other necessary work relating to training subject to this Act, rules or regulations. Chapter-4

Provisions Relating to Employees of the Institute and their Service Conditions

11. Provisions Relating to Employees of the Institute: (1) The Institute shall have the following types of employees:-

(a) Administrative,

(b) Teaching and Research.

(2) There shall be an Executive Director as the head of the Institute. He/She shall be appointed by the Government of Nepal. His/Her term of office shall be five years and the Government of Nepal may, if it desires, extend his/her term of office for up to another five years.

(3) Other employees shall be in the Institute as required.

(4) The remuneration, terms of service and facilities of the employees of the Institute shall be as prescribed. 12.
Nepal Administrative Staff College Act, 1982

12. Functions, Duties and Powers of the Executive Director and Other Employees: (1) The functions, duties and powers of the Executive Director shall be as follows:-

(a) To implement, or cause to be implemented, the decisions and directives of the Council and the Committee.

(b) To submit the long-term plan, annual program and budget of the Institute to the Council through the Committee for approval.

(c) To implement the long-term plan and annual program of the Institute approved by the Council.

(d) To submit, or cause to be submitted, progress reports of the Institute to the Committee from time to time.

(e) To conduct, or cause to be conducted, internal evaluation of the training programs of the Institute.

(f) To hold necessary discussions with the concerned parties regarding programs contracted with national and international institutions and other assistance and submit, or cause to be submitted, them to the Committee for approval.

(g) To perform, or cause to be performed, other work relating to the Institute.

(2) The functions, duties and powers of employees other than the Executive Director shall be as prescribed. Chapter-5

Fund, Accounts and Audit

13. Fund of the Institute: (1) The Institute shall have its own separate Fund.

(2) The following amounts shall be in the Fund of the Institute:-

(a) Grant amounts received from the Government of Nepal.

(b) Amounts received from any foreign government and international organizations.

(c) Amounts received for consultancy services and research work.

(d) Amounts received from any other sources.

(3) All amounts of the Fund shall be deposited in any commercial bank of Nepal.

(4) The amounts required for expenses for conducting work in accordance with the objectives of the Institute shall be borne from the Fund referred to in Sub-section (1). 14. Method of Keeping Accounts: The accounts of income and expenditure of the Institute shall be kept in the format and manner approved by the Council. 15. Audit: (1) The audit of the accounts of the Institute shall be conducted by an auditor appointed by the Council.

(2) Other matters relating to the audit of the Institute shall be as prescribed. Chapter-6

Training System, Training Materials and Curriculum

16. Identification of Training Needs: (1) The Institute may, from time to time, conduct surveys to identify the training needs required for the administration sector of the Government of Nepal and the management sector of Corporations.

(2) The training curriculum and program shall be determined on the basis of the survey report conducted pursuant to Sub-section (1). 17.