chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Assets (Money) Laundering Prevention Act, 2008

Amended by the Second Amendment.44A. Prohibition on Disclosing Information or Intelligence: (1) A reporting entity or its office bearer or employee shall not inform a customer or any other person about providing, having provided, or intending to provide the following reports, documents, records, notices, or information relating to an offense concerning money laundering or financial investment in terrorist activities or a predicate offense:-
(a) Report relating to suspicious transactions or report relating to transactions at or above the threshold determined under this Act,
(b) Report relating to an order for continuous monitoring of transactions under Section 19A.,
(c) Documents, records, or information provided to the Financial Information Unit, investigating officer, relevant authority under prevailing law for investigating offenses, or regulatory body,
(d) Any other details or information provided by the reporting entity pursuant to this Act or rules made under this Act or directives issued or given under this Act, or
(e) Identifying details of the office bearer or employee providing the reports, documents, records, notices, or information under clauses (a) to (d).

(2) The Department, investigating officer, or any employee of the Department, or any body or official investigating offenses under prevailing law, shall not disclose to anyone information or reports, documents, records, or information received from the Financial Information Unit or a reporting entity, or information that could reveal or might reveal the identity of the Financial Information Unit, reporting entity, or its office bearer or employee providing such information, concerning an offense relating to money laundering or financial investment in terrorist activities or a predicate offense.

(3) Details or matters that should not be disclosed under this section shall not be mentioned even in judicial proceedings.

(4) A person acting contrary to this section shall be punished by the following authorities as follows:-
(a) The regulatory body may impose a fine of up to one million rupees on a bank, financial institution, or casino,
(b) The regulatory body may impose a fine of up to two hundred thousand rupees on a non-financial professional or business,
(c) If the reporting entity is an organized entity, such entity may take departmental action against its office bearer or employee according to its governing law,
(d) Notwithstanding anything contained in the prevailing law relating to the formation and operation of the service, the head of the Department, investigating officer, or employee of the Department, or official authorized to investigate offenses under prevailing law, may be subject to departmental action by the concerned authority,
(e) Notwithstanding anything contained in the prevailing law relating to the formation and operation of the service, the head or employee of the Financial Information Unit may be subject to departmental action by the concerned authority.
Assets (Money) Laundering Prevention Act, 2008

Amended by the Second Amendment.44B. Special Provisions on Confidentiality: (1) Documents, records, details, notices, or information that are required to be kept confidential under prevailing law shall not be deemed confidential for the purposes of performing their functions under this Act by the investigating officer or the Financial Information Unit, notwithstanding anything contained in the prevailing law related to such matters.

(2) For the purposes of sub-section (1), if the investigating officer or the Financial Information Unit requests specifying the purpose, the concerned body, office bearer, or person shall provide such documents, records, details, notices, and information.

(3) Other provisions regarding the requesting of documents, records, details, notices, or information required to be kept confidential under prevailing law by the investigating officer or the Financial Information Unit, and the provision of such documents, records, details, notices, or information, shall be as prescribed. Amended by the Second Amendment.44C. Transactions Required Through Financial Institutions or Banking Instruments: (1) The Government of Nepal may, in consultation with the Nepal Rastra Bank, by publishing a notice in the Nepal Gazette, make provision that the purchase, sale, or other transactions of any service or goods of a value equal to or exceeding the price so prescribed shall only be conducted through financial institutions or banking instruments.

(2) It shall be the duty of all concerned to conduct and cause to conduct the purchase, sale, and other transactions of goods or services mentioned in the notice under sub-section (1) through financial institutions or banking instruments, and not in cash. Added by the First Amendment.44D. Minimum Expenses May be Provided: (1) Amended by the Second Amendment.If during the investigation of an offense relating to money laundering or financial investment in terrorist activities or during the proceedings of a case, all property of a person has been seized under this Act, and there is no other means or source for the livelihood of such person and other persons dependent on them, the court may order the investigating office to provide from the seized property the property necessary for the minimum livelihood of such persons. Amended by the Act to Amend Some Acts Relating to the Prevention of Money Laundering and Promotion of Business Environment, 2023.

(2) If an order under sub-section (1) is issued, the investigating office shall provide such property to such person. Amended by the Act to Amend Some Acts Relating to the Prevention of Money Laundering and Promotion of Business Environment, 2023. Added by the First Amendment.44E.
Assets (Money) Laundering Prevention Act, 2008

Amended by the Act to Amend Some Acts Relating to the Prevention of Money Laundering and Promotion of Business Environment, 2023. Added by the First Amendment.44E. Computer Processed Records May be Taken as Evidence: (1) Notwithstanding anything contained in prevailing law, for the purposes of this Act, records processed and developed through electronic means may be taken as evidence, unless proven otherwise.

(2) Necessary provisions regarding obtaining, analyzing, or processing records, details, and data may be made as prescribed. Added by the Second Amendment.44CH. Information to be Provided to the Ministry of Foreign Affairs: If the Department, regulatory body, or Financial Information Unit Added by the Act to Amend Some Acts Relating to the Prevention of Money Laundering and Promotion of Business Environment, 2023. or other concerned body establishes an understanding with any body of a foreign country performing similar functions regarding the exchange of international cooperation, information thereof shall be provided to the Ministry of Foreign Affairs as soon as possible. Added by the Act to Amend Some Acts Relating to the Prevention of Money Laundering and Promotion of Business Environment, 2023.44CHH. May Formulate Standards: The Government of Nepal may formulate and implement necessary standards regarding the exchange of international cooperation, other than mutual legal assistance provided according to law in relation to financial crime control. 44J. Report to be Submitted: (1) A reporting entity performing activities under this Act shall prepare an annual report including a review of its activities conducted throughout the year and submit it to the regulatory body within two months of the end of the fiscal year.

(2) The regulatory body, investigating agency, and other concerned bodies shall prepare an annual report including a review of their activities conducted throughout the year in the format determined by the Coordination Committee and send it to the said Committee through the concerned Ministry within three months of the end of the fiscal year.

(3) While preparing the report under sub-section (2), the regulatory body shall include the subjects of the report submitted by the reporting entity under sub-section (1) in a concise and integrated manner.

(4) Based on the reports received under sub-section (2), the Coordination Committee shall prepare an annual report and submit it to the Steering Committee.

(5) Based on the report under sub-section (4), the Steering Committee shall finalize the annual report and submit it to the Government of Nepal, and the Government of Nepal shall submit such report to the Federal Parliament. 45.
Assets (Money) Laundering Prevention Act, 2008

45. Awarding of Reward: (1) Any person who provides a tip-off or files a complaint regarding the commission of an offense relating to money laundering or financial investment in terrorist activities and assists in the investigation or collection of other evidence related thereto, shall be given a reward equivalent to ten percent of the recovered damage amount established upon proving the offense, or ten lakh rupees, whichever is lower.

(2) If there is more than one person under sub-section (1), such amount shall be distributed proportionally. 46. Power to Frame Rules: The Government of Nepal may frame necessary rules to implement the objectives of this Act. Added by the Second Amendment.47. Power to Issue Directives: The Government of Nepal may frame and issue necessary directives for the effective implementation of this Act or rules made under this Act, or to enforce international standards relating to the prevention of money laundering and financial investment in terrorist activities. Schedule

(Relating to Clause (sh) of Section 2)

Predicate Offenses

1. Any of the following offenses under prevailing law:-
(a) Relating to participation in an organized criminal group and racketeering,
(b) Relating to terrorism, including terrorist acts,
(c) Relating to any kind of human trafficking and smuggling,
(d) Relating to any kind of sexual exploitation, including child sexual exploitation,
(e) Relating to illicit trafficking in narcotic drugs and psychotropic substances,
(f) Relating to illicit trafficking in arms and ammunition,
(g) Relating to illicit trafficking in stolen or other goods,
(h) Relating to corruption and bribery,
(i) Relating to fraud,
(j) Relating to forgery,
(k) Relating to counterfeit coins or currency,
(l) Relating to counterfeiting and piracy of products,
(m) Relating to the environment,
(n) Relating to murder and causing grievous bodily harm,
(o) Relating to kidnapping, illegal detention, or hostage-taking,
(p) Relating to theft or robbery,
(q) Relating to smuggling (including customs, excise,
Nepal Trust Act, 2008

Nepal Trust Act, 2064 (2008)

Certification and Publication Date
2064.9.22

Amending Act

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

Act No. 29 of the year 2064 (2008)

An Act Made to Provide for the Establishment and Operation of the Nepal Trust

Preamble: Whereas, it is expedient to make legal provisions for creating a trust of the property standing in the name of and belonging to King Birendra, Queen Aishwarya and their family at the time of their demise, and for managing such property and utilizing it in the national interest,

Now, therefore, the Legislature-Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Nepal Trust Act, 2064 (2008)".

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

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

(b) "Trust property" means property referred to in Section 4.

(c) "Committee" means the Trust Board of Trustees formed pursuant to Section 7.

(d) "Property" means movable or immovable, tangible or intangible, physical or non-physical property.

(e) "Member" means a member of the Committee, and this term also includes the Chairperson and the Member-Secretary of the Committee.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act. 3. Establishment of the Trust: (1) After the commencement of this Act, a Trust named "Nepal Trust" is hereby established for the management, operation and utilization in the national interest of the property standing in the name of King Birendra, Queen Aishwarya and their family. Explanation: For the purposes of this Act, "family" means the elder son Dipendra Shah and the younger son Nirajan Shah of King Birendra and Queen Aishwarya.

(2) The Trust shall be a self-governing and organized body with perpetual succession.

(3) The Trust may, like a natural person, acquire, possess, sell, or otherwise manage movable and immovable property.

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

(5) The Trust may, like a natural person, enter into contracts and exercise the rights and perform the obligations arising from such contracts.

(6) The Trust shall have a separate seal for its business, and such seal shall be as determined by the Committee. 4.
Nepal Trust Act, 2008

4. Trust Property: (1) The Trust shall comprise of the following property, except those properties which have been nationalized and separately managed by the Government of Nepal:-

(a) Property which the Government of Nepal, Council of Ministers, has decided to bring under the Trust, being property standing in the name of King Birendra, Queen Aishwarya and their family at the time of their demise,

(b) Property accrued or augmented from the property referred to in clause (a), or property received before the commencement of this Act or to be received after the commencement of this Act in lieu of such property,

(c) Property which has been or may be received by or may accrue to King Birendra, Queen Aishwarya and their family in any manner, or property to which they are or may be entitled, or property held in the name of any other person or benami property to which they are or may be entitled,

(d) Any other property, other than those mentioned in clause (a), (b) or (c), which may be received by King Birendra, Queen Aishwarya and their family after the commencement of this Act,

(e) Other property provided by the Government of Nepal from time to time,

(f) Property received from a foreign government or any domestic or foreign person or institution.

(2) Irrespective of wherever or in whatever condition or in whose name such property as referred to in clauses (a), (b), (c) or (d) of sub-section (1) may be situated or held at the time of the commencement of this Act, after the commencement of this Act, such property shall be deemed to have been automatically transferred to the name of the Trust or the right of the Trust shall be deemed to have been automatically established over such property.

(3) Notwithstanding anything contained in the prevailing law, no person or institution shall have any kind of right or claim over the property referred to in sub-section (1), and no right or claim of anyone shall be created over such property under the law relating to partition or inheritance.

(4) Upon a written request from the Trust to transfer the property over which the right of the Trust has been or is to be established under this Section, the officer responsible for the registration of property shall register such property in the name of the Trust, even if such property is standing in the name of any person or institution.

(5) Notwithstanding anything contained in the prevailing law, no fee shall be levied upon the registration of property under this Section. 5.
Nepal Trust Act, 2008

5. Utilization of Trust Property: (1) The property of the Trust shall be utilized in the national interest in a manner that brings broad and optimal public benefit.

(2) Without prejudice to the generality of sub-section (1), the property of the Trust may be utilized for the following purposes:-

(a) To establish and operate educational and academic institutions such as schools, colleges, universities, or to provide grants for the operation of such institutions. Added by the Some Nepal Acts Amendment Act, 2075 (2018). (a1) To operate tourism and commercial activities in a manner favorable to the national interest and beneficial to the Trust.

(b) To establish and operate hospitals or medical facilities for public purposes, such as hospitals or health posts, as prescribed.

(3) The Committee shall conduct programs as prescribed for the enhancement, preservation and income generation of the Trust property. Added by the Some Nepal Acts Amendment Act, 2075 (2018). (3a) While conducting programs pursuant to sub-section (3), the Committee may, upon the recommendation of the Trust, lease the Trust property to any person or institution for a period specified by the Government of Nepal. Added by the Some Nepal Acts Amendment Act, 2075 (2018). (3b) Notwithstanding anything contained in sub-section (3a), if the lessee of property leased for a specified period wishes to continue operation by maintaining the existing structures with additional capital investment, and if it is ensured that this would provide additional financial benefit to the Trust, the Government of Nepal may, upon the recommendation of the Trust, extend the lease period as required even before the expiry of such period. Provided that the lease period so extended shall not exceed the initial lease period.

(4) While conducting programs pursuant to this Section, the Committee shall maintain close coordination with the concerned ministry or body in a manner not inconsistent with the plans and policies of the Government of Nepal. 6. Patron of the Trust: (1) The Prime Minister shall be the Patron of the Trust.

(2) The Patron may give necessary directives to the Committee from time to time to implement the objectives of this Act. 7.
Nepal Trust Act, 2008

6. Patron of the Trust: (1) The Prime Minister shall be the Patron of the Trust.

(2) The Patron may give necessary directives to the Committee from time to time to implement the objectives of this Act. 7. Committee: Amended by the Some Nepal Acts Amendment Act, 2075 (2018). (1) There shall be a Trust Board of Trustees as follows for managing and preserving the property of the Trust and operating the Trust:-

(a) Any Minister of the Government of Nepal designated by the Prime Minister - Chairperson

(b) The Secretary of the Office of the Prime Minister and Council of Ministers looking after the concerned area - Member

(c) Executive Secretary, Office of the Nepal Trust - Member

(d) Three persons, including one woman, appointed or designated by the Government of Nepal - Member

(e) Under-Secretary of the Office of the Nepal Trust - Member-Secretary

(2) A Nepali citizen who fulfills the following qualifications may become a member of the Committee pursuant to clause (d) of Added by the Some Nepal Acts Amendment Act, 2075 (2018). sub-section (1):-

(a) Has gained experience working in the field of management or social service,

(b) Has not been convicted of a criminal offense involving moral turpitude,

(c) Is not involved in any kind of contract or commercial transaction with the Trust, or has no interest of any kind in the property of the Trust.

(3) The term of office of a member appointed pursuant to clause (d) of Added by the Some Nepal Acts Amendment Act, 2075 (2018). sub-section (1) shall be four years from the date of appointment.

(4) Notwithstanding anything contained in sub-section (3), if any member appointed pursuant to clause (d) of Added by the Some Nepal Acts Amendment Act, 2075 (2018). sub-section (1) acts against the interest of the Trust or is found to have misappropriated Trust property, the Government of Nepal may remove him/her at any time. Provided that before such removal, he/she shall be given a reasonable opportunity to present a defense. 8.
Nepal Trust Act, 2008

Provided that before such removal, he/she shall be given a reasonable opportunity to present a defense. 8. Meeting of the Committee: (1) The meeting of the Committee shall be held as required.

(2) The meeting of the Committee shall be called by the Member-Secretary of the Committee upon the direction of the Chairperson.

(3) If more than fifty percent of the total number of members currently holding office are present, the meeting of the Committee shall be deemed to have quorum.

(4) The meeting of the Committee shall be presided over by the Chairperson of the Committee, and in his/her absence, by the Vice-Chairperson.

(5) Decisions in the meeting of the Committee shall generally be taken by consensus, and if a decision cannot be reached by consensus, the opinion of the majority shall prevail. In the case of a tie, the person presiding shall cast the deciding vote.

(6) The decisions of the Committee meeting shall be certified by the Member-Secretary.

(7) Information of every decision made by the Committee shall be provided to the Patron.

(8) Other procedures relating to the meeting of the Committee shall be determined by the Committee itself. 9. Functions, Duties and Powers of the Committee: (1) The functions, duties and powers of the Committee shall be as follows:-

(a) To appropriately manage, maintain and preserve the property of the Trust,

(b) To search for property of King Birendra, Queen Aishwarya and their family which should vest in the Trust pursuant to Section 4, within or outside Nepal, to ascertain its actual status and maintain records with true details,

(c) To secure the right of the Trust by causing the registration of property referred to in Section 4 which should come into the ownership of the Trust to be registered in the name of the Trust,

(d) To utilize the property of the Trust in the national interest pursuant to Section 5,

(e) To invest the property of the Trust in income-generating activities to fulfill the objectives of this Act,

(f) To perform or cause to perform other functions as prescribed.

(2) The Trust shall formulate a periodic plan and submit it to the Government of Nepal for approval.

(3) While investing in commercial sectors that generate income, the Trust shall prepare a strategic plan and submit it to the Government of Nepal for approval.

(4) The Committee shall, within thirty days from the commencement of each fiscal year, approve the annual program of activities to be conducted in that fiscal year and make the details thereof public. 10.
Nepal Trust Act, 2008

10. Preparation of Updated Inventory of Property: (1) The Committee shall prepare an updated inventory of the property of the Trust.

(2) The Committee shall publish the updated inventory referred to in sub-section (1) from time to time. 11. Immovable Property of Trust Not to be Registered in Individual's Name: (1) Notwithstanding anything contained in the prevailing law, immovable property owned by the Trust shall not be registered in the name of any particular individual or institution, except in the case under Section 13.

(2) Any registration made contrary to sub-section (1) shall be automatically void. 12. Limitation Not to Apply: Notwithstanding anything contained in the prevailing law, limitation shall not apply to the immovable property of the Trust. 13. Prohibition on Sale, Distribution and Granting of Possession Rights: (1) The property of the Trust shall not be sold, distributed or granted with possession rights.

(2) Notwithstanding anything contained in sub-section (1), for the purposes of Section 5, the Trust Board of Trustees may sell or distribute Trust property with the approval of the Government of Nepal, Council of Ministers, and with the consent of the committee relating to Section 24.

(3) The proceeds from the sale or distribution of Trust property shall not be used for the administrative expenses of the Trust. 14. Not to be Sold by Auction: (1) Notwithstanding anything contained in the prevailing law, if any property of the Trust had been mortgaged in any manner by any person for a loan taken before the commencement of this Act, such Trust property shall not be sold, distributed or confiscated by auction due to non-recovery of such loan. Provided that this provision shall not apply to property mortgaged before Jestha 18, 2058 B.S. (June 1, 2001).

(2) A bank or financial institution that has given a loan against the mortgage of Trust property referred to in sub-section (1) may recover such loan from any other property of the person who had provided the mortgage, in lieu of such property. 14a. Power to Award Reward: Added by the Some Nepal Acts Amendment Act, 2075 (2018). The Committee may, as prescribed, award a reward to any person who provides information, along with necessary evidence, regarding property that is to be vested in the Trust pursuant to Section 4. 15. Office of the Trust: (1) The office of the Trust shall be located in the Kathmandu Valley.

(2) The Trust may open its liaison offices at any place within or outside Nepal. 16.
Nepal Trust Act, 2008

15. Office of the Trust: (1) The office of the Trust shall be located in the Kathmandu Valley.

(2) The Trust may open its liaison offices at any place within or outside Nepal. 16. Executive Secretary: (1) There shall be one Executive Secretary of the gazetted special class of the civil service to perform the daily functions of the Trust and to protect and supervise the property of the Trust.

(2) The Executive Secretary shall be the full-time chief administrative officer of the Trust.

(3) Other functions, duties and powers of the Executive Secretary shall be as prescribed. 17. Trust Fund: (1) There shall be a separate Fund of the Trust.

(2) The Fund referred to in sub-section (1) shall consist of the following amounts:-

(a) Income earned or received from the property of the Trust or from property augmented from such property,

(b) Amounts received from the Government of Nepal,

(c) Amounts received by the Fund from any person or institution.

(3) Operation of the Fund referred to in sub-section (1) shall be done by the Executive Secretary or an officer designated by him/her and the chief officer concerned with the accounts of the Fund. 18. Employees of the Trust: (1) Employees required for performing the work of the Trust shall be provided by the Government of Nepal.

(2) The Committee may appoint expert employees required for the Trust on a contract basis as prescribed. 19. Accounts and Audit of the Trust: (1) The accounts of the Trust shall be maintained in the format adopted by the Government of Nepal.

(2) The Trust shall make arrangements for internal audit and internal control as prescribed.

(3) The audit of the Trust shall be conducted by the Auditor General.

(4) The Committee shall cause the audit of the accounts of the Trust every year and publish the report thereof within three months from the date of expiry of the fiscal year. 20. Code of Conduct: The code of conduct to be observed by the members of the Committee shall be as prescribed. 21. Remuneration and Other Facilities: The remuneration and other facilities to be received by the members of the Committee shall be as prescribed. Until so prescribed, the remuneration and other facilities to be received by a member of the Committee shall be as specified by the Government of Nepal. 22.
Nepal Trust Act, 2008

21. Remuneration and Other Facilities: The remuneration and other facilities to be received by the members of the Committee shall be as prescribed. Until so prescribed, the remuneration and other facilities to be received by a member of the Committee shall be as specified by the Government of Nepal. 22. Administrative Expenses of the Trust: (1) The amount required for the administrative expenses of the Trust shall be provided by the Government of Nepal as a lump sum grant through the annual budget.

(2) If the amount referred to in sub-section (1) is found insufficient for the administrative expenses of the Trust, the Committee may, with prior approval of the Government of Nepal, make arrangements to meet such deficit administrative expenses from the amount augmented from the principal property of the Trust. 23. Contact with the Government of Nepal: While contacting the Government of Nepal, the Trust shall do so through the Office of the Prime Minister and Council of Ministers. 24. Submission of Annual Report: (1) The Trust shall, every year, submit to the Patron a report covering its work, activities, income and expenditure, problems encountered, and measures for their resolution.

(2) The Patron shall submit the report referred to in sub-section (1) to the Amended by the Some Nepal Acts Amendment Act, 2075 (2018). concerned committee of the Federal Parliament. 25. Power to Frame Rules and Regulations: (1) The Government of Nepal may frame necessary Rules to fulfill the objectives of this Act.

(2) Subject to this Act and the Rules framed under this Act, the Committee may frame necessary Regulations relating to its internal functioning, maintenance and preservation of immovable property, and financial administration. 26. Effect of Repeal of the Nepal Trust Ordinance, 2064 (2008): Upon the repeal of the Nepal Trust Ordinance, 2064 (2008), unless a contrary intention appears, such repeal shall not,-

(a) revive anything not in force or existing at the time of the repeal;

(b) affect anything done or suffered, or any right, privilege, obligation, or liability acquired, accrued, or incurred under the said Ordinance;

(c) affect any penalty, forfeiture, or punishment incurred in respect of any offense committed against the said Ordinance;

(d) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, as if the said Ordinance had not been repealed.
Nepal Health Service Act, 1997

Here is the English translation of the provided Nepali legal text, following all instructions regarding formatting, numbering, and markup preservation. Nepal Health Service Act, 2053

Date of Royal Seal and Publication
2043.11.15

Amending Acts

1. Nepal Health Service (First Amendment) Act, 2055This Act, Sections 2, 4, 6, 9, 10, 13, 15, 16 and 17 commenced from Jestha 14, 2054 and other Sections commenced immediately. 2055.10.27
2. Act Made to Amend Certain Nepal Acts Relating to Health, 2058 2058.5.6

Date of Certification and Publication
2058.7.22

3. Nepal Health Service (Second Amendment) Act, 2058This Act, Sections 2 and 3 commenced immediately and Section 4 commenced from Magh 27, 2055. 2058.7.22
4. Nepal Health Service (Third Amendment) Act, 2063 2063.8.22
5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066This Act came into force from Jestha 15, 2065. 2066.10.7
6. Nepal Health Service (Fourth Amendment) Act, 2070Note: On date 2069.12.29, Nepal Health Service (Fourth Amendment) Ordinance, 2069 was promulgated and remained in force until the commencement of this Act. 2070.12.12
7. Pension Fund Act, 2075 2075.12.04
8. Administrative Court Act, 2076 2076.06.24

Act No. 32 of the year 2043



An Act Made to Make Provisions for the Formation, Operation and Terms of Service of the Health Service

Preamble: Whereas, since health service is an essential service for the general public, it is desirable to make provisions relating to the formation, operation, and terms of service of the health service to make this service more efficient, strong, service-oriented and publicly accountable,

Therefore, Parliament has enacted this Act in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shahdev. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Nepal Health Service Act, 2043".

(2) This Act shall commence on the ninety-first day from the date of the Royal Seal by His Majesty's Government. 2.
Nepal Health Service Act, 1997

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Nepal Health Service Act, 2043".

(2) This Act shall commence on the ninety-first day from the date of the Royal Seal by His Majesty's Government. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Health Service" means the Nepal Health Service constituted under Section 3.

(b) "Employee" means a person holding a position in the Health Service.

(c) "Integrated Medical Officer" means a person who has obtained a postgraduate degree in Ayurveda and Allopathy from a recognized educational institution, has registered their name in the Ayurveda Medical Council, and is holding a position in the Health Service, and said term also denotes a person whose name will be registered after the formation of the Ayurveda Medical Council if it has not been formed at the time of commencement of this Act.

(d) "Competent Authority" means the officer authorized to make appointments under Section 11.

(e) "Family" means the spouse, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or stepmother living with the employee and whom the employee must support, and said term also denotes, Amended by the Third Amendment.in the case of a male employee and an unmarried female employee, his/her grandfather and grandmother, and Added by the Third Amendment.in the case of a married female employee, her mother-in-law and father-in-law.

(f) "Departmental Head" means the prescribed officer.

(g) "Office Chief" means the chief employee of the prescribed office.

(h) "Permanent Position" means a position in the Health Service that is pensionable and for which no term is fixed.

(i) "Special Position" means a position having work, duty and responsibility of a special nature and requiring a special kind of qualification.

(j) "Ministry" means the Amended by the Fourth Amendment.Ministry of Health and Population of the Government of Nepal. Added by the Fourth Amendment.(ka1) "Trade Union" means the trade union of employees formed under Sub-section (1) of Section 92A. Added by the Fourth Amendment.(kha1) "Authoritative Trade Union" means the authoritative trade union of employees formed under Sub-section (3) of Section 92A.

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

Formation of the Health Service

3. Formation of the Health Service: A service named Nepal Health Service is constituted. 4. Added by the Fourth Amendment.Levels in the Service: (1) The Health Service shall have the following levels:–

 Officer Level Assistant Level

 Twelfth Fifth
 Eleventh Fourth
 Tenth Third
 Ninth
 Eighth
 Seventh
 Sixth

(2) Notwithstanding anything contained in Sub-section (1), if there is no employee at the third level, such level shall not remain.
Nepal Health Service Act, 1997

Deleted by the Fourth Amendment.(3)

Deleted by the Fourth Amendment.(4)

5. Positions in the Service: (1) The different levels of the Health Service shall have technical positions including specialist positions. The position names of such positions shall be as prescribed. Added by the Fourth Amendment.(1A) Notwithstanding anything contained in Sub-section (1), prescribed employees of the assistant level who have obtained the prescribed qualification may be given a designation as prescribed. Added by the Fourth Amendment.(1B) Notwithstanding anything contained in Sub-sections (1) and (1A), Rural Health Workers under the Health Inspection Group and Maternal and Child Health Workers under the Community Nursing Group who were at the third level after Chaitra 29, 2069, shall be placed at the fourth level and given the designation of Auxiliary Health Worker (AHW) and Auxiliary Nurse Midwife (ANM) respectively.

(2) Amended by the Fourth Amendment.The Ministry shall prepare a job description for the position at each level of the Health Service, and such job description shall mention the work, duty and responsibility, as well as the authority, of the concerned position. Added by the Fourth Amendment.(3) Notwithstanding anything contained in Sub-section (2), the Ministry shall prepare and implement a job description for Rural Health Workers and Maternal and Child Health Workers so that the work currently performed by them shall be performed by the Auxiliary Health Worker (AHW) and Auxiliary Nurse Midwife (ANM) respectively. 6. Medical Systems under the Health Service: (1) The Health Service shall include the following medical systems:–

(a) Allopathic medical system,
(b) Ayurvedic medical system,
(c) Homeopathic medical system.

(2) In addition to the medical systems mentioned in Sub-section (1), the Government of Nepal may, by publishing a notice in the Nepal Gazette, prescribe other medical systems. 7. Groups and Sub-groups: (1) The Health Service shall have various groups and sub-groups as prescribed.

(2) The minimum qualification required for positions at various levels in the groups and sub-groups of the Health Service shall be as prescribed. Added by the Fourth Amendment.7A. Creation of Posts: (1) Positions in the Health Service shall be created as prescribed.

(2) While preparing the organizational structure for establishing a new government office, creating new posts, or reviewing or altering the existing organizational structure and posts, the Ministry shall conduct an organizational and management survey based on the program of the Ministry, workload, work nature, the reason and justification for adding posts, and available human resources, and shall submit it to the General Ministry after obtaining the consent of the Ministry of Finance.
Nepal Health Service Act, 1997

Amended by the Third Amendment.8A. Restriction on Filling of Positions: (1) No position in the Health Service shall be filled in any manner other than as provided in this Act.

(2) If any position in the Health Service becomes vacant in any manner, the concerned body shall inform the Public Service Commission of such vacancy within one month of the position becoming vacant. The office-bearer who fails to provide information within that period shall be subject to departmental action.

(3) Upon receiving the written information pursuant to Sub-section (2), a requisition may be made specifying the positions that have become vacant up to that period and the positions that will become vacant by retirement and promotion within the current fiscal year.

(4) Other provisions relating to the requisition for filling positions shall be as prescribed.

(5) In the case of employees working in the Ministry, departments, centers and offices located within the valley, salary shall not be paid without passing the salary report from the Civilian Records Office, and in the case of employees of district level offices, from the concerned Treasury and Accounts Controller Office.

(6) If any person appoints an employee contrary to Sub-section (1) or is found to have paid salary without passing the salary report pursuant to Sub-section (5), the amount equivalent to the salary, allowance and other facilities received by such employee shall be recovered from the office-bearer making the appointment and paying the salary as a government due. Added by the First Amendment.8B. Not to Appoint on Daily Wage or Contract Basis: (1) No person shall appoint or cause to appoint any individual on a daily wage or contract basis for work that an employee is required to perform. Amended by the Fourth Amendment.Provided that, a qualified medical practitioner or health worker may be engaged on contract service in the following circumstances for a position in the Health Service:–

(a) While a medical practitioner or health worker is on study or extraordinary leave, for the duration of such study or extraordinary leave,
(b) While a position in the Service becomes vacant for any reason and the requisition form has been filled and sent to the Public Service Commission, but the position has not yet been filled, for the duration until filling.

(2) If any person appoints or causes to appoint any individual contrary to Sub-section (1), the amount equivalent to the salary, allowance and other facilities received by the person so appointed shall be recovered from the office-bearer making or causing the appointment as a government due. Amended by the Fourth Amendment.9. Upgrading: (1) Upgrading in the Health Service shall be done at the following levels as follows:–

 S.No.
Nepal Health Service Act, 1997

Amended by the Fourth Amendment.9. Upgrading: (1) Upgrading in the Health Service shall be done at the following levels as follows:–

 S.No. Current Level Level for Upgrading Required Service Period in the Relevant Level Marks Required in the Performance Evaluation of the Last Two Fiscal Years Required Service Period in a Remote Area

 1 Fourth Fifth Five Years At least Excellent At least one year in a very remote or two years in a remote area
 2 Fifth (a) Those initially appointed or upgraded to the fifth level and have fulfilled the minimum educational qualification for that level (b) Those promoted to the fifth level by internal competitive examination or among those upgraded who do not have the minimum educational qualification for that level Sixth Sixth Five Years Eight Years At least Excellent At least Excellent At least one year in a very remote or two years in a remote area At least one year in a very remote or two years in a remote area
 3 Sixth (a) Those appointed to the sixth level by completing the process of the Public Service Commission (b) Among those upgraded to the sixth level, those whose level was matched to the senior fifth level (c) Among those upgraded to the sixth level, those initially appointed at the fifth level Seventh Automatically: Seventh Seventh Five Years Five Years At least Excellent At least Excellent At least one year in a very remote or two years in a remote area At least one year in a very remote or two years in a remote area



 4. Seventh(a) Medical Officer, Dental Officer, Ayurvedic Physician, Integrated Medical Officer or other Medical Officers equivalent thereto(b) Other officer employees initially appointed at the sixth level other than clause (a) and upgraded to the seventh level position, and those initially appointed at the seventh level Eighth Automatically - - At least one year in a very remote or two years in a remote area- At least one year in a very remote or two years in a remote area
 5. Ninth Tenth Two Years At least Excellent -

(2) If the employee mentioned in Sub-section (1) has not worked in the area mentioned in that Sub-section for the period mentioned therein, such employee shall be upgraded only after going to such area, reporting for duty, and working for the deficient period.
Nepal Health Service Act, 1997

Provided that, if an employee cannot be assigned to such an area due to the lack of a position or post, it shall not be an obstacle to upgrade such employee to a higher level, subject to the other Sub-sections of this Section.

(3) An employee who has been upgraded shall be grouped into the relevant group based on qualification. If an employee so grouped ceases to be in the Health Service for any reason, the post held by him/her shall be automatically abolished.

(4) An employee upgraded to a higher level shall perform the work of the level from which he/she was upgraded until he/she is posted pursuant to Sub-section (3) of Section 17 or Section 9B of this Act.

(5) Other provisions relating to upgrading shall be as prescribed. Added by the Third Amendment.9A. Not to Upgrade: Notwithstanding anything contained in Section 9, an employee shall not be upgraded in the following circumstances for the following periods:–

(a) In case of suspension, for the period of suspension,
(b) In case of a freeze on salary increment or promotion, for the period of the freeze,
(c) In case of being on extraordinary leave, for the period of such leave,
(d) In case of suspension of name registration from a health-related council established pursuant to prevailing law, for the period of such suspension. Added by the Fourth Amendment.9B. Special Provisions Relating to Posting: (1) For employees who have been upgraded or had their level matched before the commencement of this Section but have not yet been posted to the upgraded or level-matched position pursuant to Sub-section (3) of Section 17 of this Act, the Ministry shall create a pool post and post such employees to that pool post.

(2) If an employee posted to a pool post pursuant to Sub-section (1) is promoted or upgraded to a higher level or position, or ceases to be in the service in any manner, such a post shall be automatically abolished.

(3) If an employee posted pursuant to this Section has not obtained the minimum educational qualification prescribed for that position or the training as determined by the Ministry, such employee shall be provided training as determined by the Ministry.

(4) The transfer of an employee posted pursuant to this Section shall only be made to another pool post of a similar nature. Added by the Fourth Amendment.9C.
Nepal Health Service Act, 1997

Added by the Fourth Amendment.9C. May Introduce Special Voluntary Retirement Scheme: (1) The Government of Nepal shall introduce, once, a special voluntary retirement scheme program targeting employees who, after the commencement of this Act, have been upgraded under this Act but have not yet been posted to the upgraded position, and among those posted under Section 9B of this Act, those who are in a position to receive a pension.

(2) An employee wishing to take retirement under the voluntary retirement scheme introduced pursuant to Sub-section (1) shall submit an application to the Ministry within six months of the implementation of such program, and the Government of Nepal may grant voluntary retirement to the employee submitting such application.

(3) For an employee receiving voluntary retirement pursuant to Sub-section (2), a total service period for pension shall be determined by adding a maximum of seven years of service, not exceeding the age of sixty years.

(4) An employee receiving voluntary retirement pursuant to this Section may be paid a lump sum amount equivalent to up to seven years of pension.

(5) Other provisions relating to the special voluntary retirement scheme shall be as prescribed. 10. Appointment on Recommendation of Public Service Commission: Appointment to a position to be filled by open competition or internal competitive examination shall be made on the basis of the recommendation of the Public Service Commission. 11. Appointment to Position in Health Service: (1) The Government of Nepal shall make appointments to positions at the officer level of the Health Service, and notice of such appointment shall be published in the Nepal Gazette.

(2) The Departmental Head may make appointments to positions at the assistant level of the Health Service.

(3) Notwithstanding anything contained in Sub-section (2), the Office Chief may make appointments to positions from the assistant first level up to the fifth level in his/her office and offices under his/her jurisdiction. 12.
Nepal Health Service Act, 1997

12. Disqualification for Appointment: The following persons shall not be eligible for appointment to a position in the Health Service:–

(a) Those who have not completed the age of eighteen years for an assistant level position,
(b) Those who have not completed the age of twenty-one years for an officer level position,
(c) Those who have completed the age of forty-five years,

Provided that, the age limit shall not apply in the case of permanent employees currently serving in the Health Service and temporary employees currently serving who have been appointed as per rules to a position in the Health Service and have completed a continuous service period of five years.

(d) Those whose name is not registered with a health-related professional council established pursuant to prevailing law, or whose name registration is not renewable,
Added by the Second Amendment.Provided that, it shall not be deemed that this clause creates an obstacle for appointment to a position at a level for which there is no provision for name registration with any health-related professional council established pursuant to prevailing law.

(e) Those who have been dismissed from service in a manner that renders them disqualified for government service in the future,
(f) Non-Nepali citizens,
(g) Those convicted by a court on a criminal charge involving moral turpitude. Amended by the Second Amendment.13.