chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Senior Citizens Act, 2006

19. Preparation of Records: Amended by the First Amendment.The "Local Senior Citizens Committee" shall prepare records of senior citizens under this Act as prescribed. 20. Establishment and Operation of Care Centre or Day Service Centre: (1) Amended by the First Amendment.The Government of Nepal, a provincial government or a Local Level, or any person or association or organization formed pursuant to the prevailing law may establish and operate a Care Centre or Day Service Centre or both in any place in the State of Nepal.

(2) To establish and operate a Care Centre or Day Service Centre under sub-section (1), it shall be necessary to fulfill the prescribed infrastructure and obtain approval from the prescribed officer.

(3) A Care Centre or Day Service Centre that is being operated by the private or non-governmental sector at the time of commencement of this Act shall obtain approval as prescribed from the officer under sub-section (2) within six months from the date of commencement of this Act.

(4) A Care Centre may accommodate senior citizens, disabled senior citizens, helpless senior citizens, and senior citizens whom a court has ordered to be kept in a Care Centre under sub-section (2) of Section 12.

(5) If any senior citizen wishes to reside in a Care Centre or Day Service Centre at their own expense, such centre shall accommodate such senior citizen according to its capacity.

(6) If a family member is unable to keep with themselves a senior citizen whom they are required to maintain, care for and support themselves, such family member may place such senior citizen in any Care Centre. If they wish to do so, the concerned Care Centre may accommodate such senior citizen by charging expenses from such family member.

(7) A Care Centre or Day Service Centre shall make arrangements for senior citizens residing there under sub-section (4), (5) or (6) to participate in religious, social, recreational or economic activities according to their interests, and to live in a family-like environment.

(8) The standards of a Care Centre or Day Service Centre and other provisions relating to its operation shall be as prescribed. 20A.
Senior Citizens Act, 2006

20A. Establishment and Operation of Senior Citizen Service Centre: Added by the First Amendment.(1) For the care and protection of senior citizens, a Local Level may establish and operate a Senior Citizen Service Centre.

(2) A Service Centre under sub-section (1) may operate income generating programmes as prescribed for senior citizens.

(3) While engaging senior citizens in an income generating programme under sub-section (2), their physical and mental condition shall be considered.

(4) A Service Centre may conduct training of a motivating kind for senior citizens, and awareness raising training and workshops relating to the health, nutrition and proper care of senior citizens.

(5) A Service Centre shall not engage a senior citizen in programmes conducted under this section against their will.

(6) A Service Centre shall work under the direction of the Central Senior Citizens Committee and Provincial Senior Citizens Committee and in coordination with the Local Senior Citizens Committee.

(7) Other functions, duties, powers, standards and operational provisions of the Service Centre shall be as prescribed. 21. Information to be Given: (1) If any senior citizen is found in an abandoned state, it shall be the duty of every citizen to give information thereof to the nearest Care Centre or Day Service Centre or police office or Amended by Some Nepal Acts Amending Act, 2072 (2015).Rural Municipality or Municipality.

(2) If the police find any senior citizen in an abandoned state, they shall entrust such senior citizen to the nearest Care Centre or Day Service Centre. 22. Funeral: If any senior citizen dies in a Care Centre, the concerned Care Centre shall make arrangements for the funeral of such senior citizen according to social tradition or according to the religious tradition desired by such senior citizen. 23. Provision Relating to Property: (1) If a senior citizen residing in a Care Centre under sub-section (5) of Section 20 dies, notwithstanding anything contained in the prevailing law, the remaining property of such deceased shall belong to the concerned Care Centre.

(2) If a senior citizen placed in a Care Centre under sub-section (6) of Section 20 dies, such Care Centre shall deduct the expenses incurred for the care of such senior citizen and return the remaining amount to the family member or relative or successor. 24. May Provide Allowances or Facilities: The Government of Nepal may, by classifying senior citizens, helpless senior citizens, and disabled senior citizens on a prescribed basis, provide allowances or facilities as prescribed. 25. Provision of Identity Card: The Government of Nepal shall provide an identity card containing details as prescribed to a senior citizen through the Amended by the First Amendment.Rural Municipality or Municipality where the senior citizen resides. 25A.
Senior Citizens Act, 2006

26. Penalty: (1) If any person commits an offence under clause (a) of Section 25A, they shall be liable to a fine of up to three hundred thousand rupees.

(2) If any person commits an offence under clause (b) of Section 25A, they shall be liable to imprisonment for up to three months or a fine of ten thousand to thirty thousand rupees or both.

(3) If any person commits an offence under clause (c) of Section 25A, they shall be liable to imprisonment for up to one year or a fine of thirty thousand to ninety thousand rupees or both.

(4) If any person commits an offence under clause (d) of Section 25A, they shall be liable to imprisonment for one to five years or a fine of one hundred thousand to five hundred thousand rupees or both.

(5) If any person commits an offence under clause (e) of Section 25A, they shall be liable to imprisonment for up to three months or a fine of ten thousand to thirty thousand rupees or both, and if any property of a senior citizen has been taken or retained, such property shall be returned to the concerned senior citizen.

(6) If any person commits any act under clause (f) of Section 25A with a malicious intention to take the property of a senior citizen, they shall be liable to imprisonment for one to five years or a fine according to the amount misappropriated or both.

(7) The amount of fine under sub-section (1) shall be deposited in the bank account of the concerned parents. 26A. Additional Penalty: Added by the First Amendment.(1) If a person holding a public office commits an offence under this Act, such person shall be liable to an additional thirty percent penalty on top of the penalty applicable to another person.

(2) Notwithstanding anything contained in the prevailing law, if any person commits any act against a disabled senior citizen or a senior citizen who has completed seventy-five years of age, which is deemed an offence under the prevailing law, such person shall be liable to an additional twenty-five percent penalty on top of the penalty provided by the prevailing law. Provided that this provision shall not apply where the penalty is life imprisonment.

(3) If a person who has been penalized under this Act again commits the act for which such penalty was imposed, such person shall be liable to an additional ten percent penalty for each subsequent occasion. Amended by the First Amendment.27.
Senior Citizens Act, 2006

Amended by the First Amendment.27. Jurisdiction to Hear Cases: (1) The jurisdiction to hear a case under clause (a) of Section 25A shall lie with the Judicial Committee of the concerned Local Level.

(2) Except as provided in sub-section (1), the jurisdiction for initial proceedings and disposal of an offence under this Act shall lie with the concerned District Court. 28. Appeal: A party dissatisfied with a judgment made pursuant to Section 27 may file an appeal with the concerned High Court within thirty-five days from the date of pronouncement of the decision. Amended by the First Amendment.29. Government to be Plaintiff: Except for the offence under clause (a) of Section 25A, cases relating to other offences under this Act shall be government cases, and such cases shall be deemed to be included in Schedule-1 of the Muluki Criminal Procedure Code, 2074 (2017). 30. May Issue Directions: Amended by the First Amendment.(1) The Government of Nepal may, from time to time, issue necessary directions to the Central Senior Citizens Committee, Provincial Senior Citizens Committee and Local Senior Citizens Committee.

(2) It shall be the duty of the concerned Senior Citizens Welfare Committee to comply with the directions issued under sub-section (1). Amended by the First Amendment.31. Report to be Submitted: The Local Senior Citizens Committee shall submit an annual report of its work to the concerned Provincial Senior Citizens Committee and the Central Senior Citizens Committee within two months from the date of expiry of the fiscal year, the Provincial Senior Citizens Committee shall submit to the Central Senior Citizens Committee within two months, and the Central Senior Citizens Committee shall submit to the Ministry of Women, Children and Senior Citizens within three months from the date of expiry of the fiscal year. 32. Power to Make Rules and Regulations: (1) For the purpose of implementing the objectives of this Act, the Government of Nepal may make necessary rules.

(2) Subject to this Act and the rules made under this Act, an institution operating a
Disaster Risk Reduction and Management Act, 2017

Chapter - 2
Formation and Functions, Duties and Powers of the Council

3. Formation of the Council: (1) There shall be a National Council for Disaster Risk Reduction and Management to effectively conduct disaster management related activities.

(2) The Council shall be constituted as follows:-



 (a) Prime Minister - Chairperson
 (b) Amended by Some Nepal Acts Amendment Act, 2075. Ministers of the Government of Nepal - Members
 (c) Leader of the Opposition Party in the House of Representatives - Member
 (d) Chief Ministers of all Provinces - Members
 (e) Vice-Chairperson of the National Planning Commission - Member
 (f) Chief Secretary of the Government of Nepal - Member
 (g) Chief of Army Staff, Nepali Army - Member
 (ha) Secretary of the Ministry - Member
 (jha) Three persons nominated by the Council from among persons who have acquired expertise in the field of disaster management, including at least one woman - Members
 (nya) Chief Executive - Member-Secretary

(3) The term of office of the nominated member pursuant to clause (jha) of Sub-section (2) shall be five years.

(4) Notwithstanding anything contained in Sub-section (3), if the work of a nominated member is not satisfactory, the Council may remove him/her from the post of member at any time. Provided that before removing him/her as a member, a reasonable opportunity shall be given to him/her to submit a defense. 4. Provisions relating to Meetings of the Council: (1) A meeting of the Council shall be held at least twice a year at the date, time and place specified by the Chairperson.

(2) The Member-Secretary of the Council shall fix the date, time and place for the meeting of the Council and send a notice including the agenda for discussion to all members at least forty-eight hours before the meeting time. Provided that if it is necessary to call an immediate meeting of the Council, the Chairperson may call a meeting of the Council less than forty-eight hours in advance.

(3) If more than fifty percent of the members of the Council are present, it shall be deemed to constitute a quorum for the meeting of the Council.

(4) The meeting of the Council shall be chaired by the Chairperson of the Council.

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

(6) The Council may invite representatives of concerned bodies or organizations and experts to the meeting as required.

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

(8) Decisions of the Council shall be certified and kept by the Member-Secretary of the Council. 5.
Disaster Risk Reduction and Management Act, 2017

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

(a) To approve national policies and plans relating to disaster management,

(b) To give necessary directives to the Executive Committee and the Authority regarding policies and plans to be adopted in respect of disaster management,

(c) To provide necessary policy guidance to the province and local level in disaster management related activities,

(d) To give directives to the Executive Committee and the Authority regarding the management of financial resources for disaster management and to facilitate the same,

(e) To evaluate disaster management related activities. Chapter - 3

Formation and Functions, Duties and Powers of the Executive Committee

6. Formation of the Executive Committee: (1) There shall be an Executive Committee for the purpose of implementing and causing to implement policies and plans approved by the Council.

(2) The Executive Committee shall be constituted as follows:-



 (a) Home Minister of the Government of Nepal - Chairperson
 (b) Ministers of the Government of Nepal holding portfolio of urban development, health, federal affairs and local development - Members
 (c) Amended by Some Nepal Acts Amendment Act, 2075. Secretaries of the Ministries of the Government of Nepal - Members
 (d) Secretary of the Office of the Prime Minister and Council of Ministers, Government of Nepal - Member
 (e) General, Nepali Army - Member
 (f) Chiefs of Nepal Police, Armed Police Force, Nepal, and National Investigation Department - Members
 (g) Executive Director, Nepal Rastra Bank - Member
 (h) Chairperson, Nepal Telecommunications Authority - Member
 (jha) Member-Secretary, Social Welfare Council - Member
 (nya) Chairperson, Nepal Chamber of Commerce - Member
 (ta) Chairperson, Nepal Red Cross Society - Member
 (tha) President, Federation of Nepalese Chambers of Commerce and Industry - Member
 (tha1) Added by Some Nepal Acts Amendment Act, 2082. Expert members pursuant to Section 9 - Members
 (da) Chief Executive - Member-Secretary

7. Provisions relating to Meetings of the Executive Committee: (1) A meeting of the Executive Committee shall be held at the date, time and place specified by the Chairperson.

(2) The Member-Secretary of the Executive Committee shall fix the date, time and place for the meeting of the Executive Committee and send a notice including the agenda for discussion to all members at least twenty-four hours before the meeting time.
Disaster Risk Reduction and Management Act, 2017

Chapter - 5

Provisions relating to Chief Executive and Employees

Amended by Some Nepal Acts Amendment Act, 2075.12. Chief Executive: (1) The Government of Nepal shall appoint a person having a postgraduate degree from a university recognized by the Government of Nepal and at least ten years of experience in the relevant field as the Chief Executive, on the recommendation of the committee referred to in Sub-section (2), to act as the administrative head of the Authority.

(2) The Government of Nepal shall form a committee with the Secretary of the Ministry as the coordinator and two other expert members to recommend the name of a suitable person for the appointment of the Chief Executive. The procedure to be adopted for recommendation for the appointment of the Chief Executive and the meeting procedures shall be as determined by that Committee itself.

(3) The term of office of the Chief Executive shall be five years.

(4) Notwithstanding anything contained in Sub-section (3), if the performance of the Chief Executive is not satisfactory, the Government of Nepal may remove him/her from the post of Chief Executive at any time.

(5) Before removing the Chief Executive from office pursuant to Sub-section (4), a reasonable opportunity shall be given to him/her to submit a defense.

(6) The Chief Executive shall work under the direct control of the Executive Committee and shall be accountable to the Council and the Government of Nepal for his/her performance.

(7) The Chief Executive shall act as the Disaster Response Controller during a disaster.

(8) Provisions relating to the remuneration, facilities, terms of service and functions, duties and powers of the Chief Executive shall be as prescribed. 13. May Requisition Employees: (1) If it is necessary to requisition any employee from the civil service, security body or public entity for special work of the Authority during a disaster, the Authority may send a written request to the concerned institution or body.

(2) Upon receipt of such written request pursuant to Sub-section (1), the concerned institution or body shall depute the employee on secondment to the Authority as requested. Chapter - 6

Amended by Some Nepal Acts Amendment Act, 2075.Provisions relating to Province Disaster Risk Reduction and Management Council and Province Disaster Management Executive Committee

Added by Some Nepal Acts Amendment Act, 2075.13ka.
Disaster Risk Reduction and Management Act, 2017

Chapter - 6

Amended by Some Nepal Acts Amendment Act, 2075.Provisions relating to Province Disaster Risk Reduction and Management Council and Province Disaster Management Executive Committee

Added by Some Nepal Acts Amendment Act, 2075.13ka. Province Disaster Risk Reduction and Management Council: (1) There shall be a Province Disaster Risk Reduction and Management Council in each Province, chaired by the Chief Minister, for the purpose of preparing policies and plans relating to disaster management at the province level, providing policy guidance and directives to the Province Disaster Management Executive Committee as required.

(2) The members of the Province Disaster Risk Reduction and Management Council constituted pursuant to Sub-section (1), its meetings and decisions, and other related provisions shall be as prescribed in the rules made by the Province Government. 14. Province Disaster Risk Reduction and Management Executive Committee: Amended by Some Nepal Acts Amendment Act, 2075. (1) For the purpose of disaster management in each Province, the Province Government may, by publishing a notification in the Province Gazette, form a Province Disaster Risk Reduction and Management Executive Committee chaired by the Minister holding the portfolio of internal affairs of the Province. Added by Some Nepal Acts Amendment Act, 2075. (1a) The Province Disaster Risk Reduction and Management Executive Committee shall consist of a maximum of fifteen members in addition to the Chairperson.

(2) Amended by Some Nepal Acts Amendment Act, 2075.
Disaster Risk Reduction and Management Act, 2017

17. Local Disaster Risk Reduction and Management Committee: Amended by Some Nepal Acts Amendment Act, 2075. (1) Each Local Level shall form a Local Disaster Risk Reduction and Management Committee comprising a maximum of fifteen members, chaired by the Chairperson of the Rural Municipality or the Mayor of the Municipality.

(2) The functions, duties and powers of the Local Disaster Risk Reduction and Management Committee shall be as follows:-

(a) To formulate and implement a local disaster management plan in conformity with the national policies and plans approved by the Council and the integrated and sectoral policies, plans and programs approved by the Executive Committee and the Province Disaster Management Executive Committee,

(b) To cause the local level to allocate budget for disaster management,

(c) To perform or cause to perform disaster management related activities with the coordination and involvement of government, private and non-governmental organizations, local volunteers, social mobilizers and all other concerned parties,

(d) To make arrangements for providing training on disaster management to the office bearers, employees, volunteers, social mobilizers and community of the local level,

(e) To ensure compliance with building codes and other approved directives or standards while constructing physical structures,

(f) To form a disaster preparedness and response committee at the ward or community level to raise awareness among the local community about disasters, formulate disaster-related plans and programs, and be mobilized for response as soon as a disaster event occurs,

(g) To conduct or cause to conduct emergency mock drills for disaster response,

(h) To arrange rescue and relief in disaster-affected areas,

(i) To monitor whether public entities and commercial establishments have acted in accordance with this Act regarding disaster management,

(ja) To develop and operate or cause to operate a disaster management information system and early warning system at the local level,

(jha) To establish and operate an emergency operation center at the local level,

(nya) To cause to keep updated accurate statistics of documents lost, damaged or destroyed in a disaster,

(ta) To identify, determine the level and distribute identity cards to disaster-affected households,

(tha) To cause fire engines and other equipment to be kept in a state of readiness for use during disasters,

(da) To perform or cause to perform other disaster management related functions in accordance with the decisions of the Executive Committee, the Province Disaster Management Executive Committee and the District Disaster Risk Reduction and Management Committee,

(dha) To perform or cause to perform other functions as prescribed in relation to disaster management.

(3) Provisions relating to the secretariat, meeting procedures and other arrangements of the Local Disaster Risk Reduction and Management Committee shall be as prescribed.
Disaster Risk Reduction and Management Act, 2017

Chapter - 8

Functions, Duties and Powers of Security Bodies and Other Bodies

18. Mobilization and Functions, Duties and Powers of Security Bodies: (1) Security bodies shall be mobilized as necessary in disaster management work.

(2) The Government of Nepal may mobilize the Nepali Army for search, rescue and relief operations during a disaster.

(3) Security bodies shall, under the direction and supervision of the Executive Committee, the Authority, the Chairperson of the Province Disaster Risk Reduction and Management Executive Committee Amended by Some Nepal Acts Amendment Act, 2075. and the Chairperson of the District Disaster Risk Reduction and Management Committee, perform the following functions in relation to disaster management:-

(a) To provide early warning regarding potential disasters and alert the community for disaster risk reduction,

(b) To mobilize immediately upon receiving information of disaster events in any place and inform the concerned officer or body,

(c) To effectively complete emergency search, rescue and relief distribution works,

(d) To conduct search and rescue training and public awareness programs on disaster management related subjects.

(4) Security bodies shall have the right to enter any place and use the means and resources of any person or institution available, in accordance with the order of the Chief District Officer, for disaster response.

(5) Security bodies may request necessary materials from the Province Disaster Risk Reduction and Management Executive Committee and the Local Disaster Risk Reduction and Management Committee for search and rescue operations during a disaster. 19. Functions, Duties and Powers of Fire Service and Other Service Providers: (1) If a disaster occurs in any place, the fire service and other service providers shall immediately inform the concerned Local Disaster Risk Reduction and Management Committee.

(2) Fire service and other service providers shall comply with the directives given by the District Disaster Risk Reduction and Management Committee and the Local Disaster Risk Reduction and Management Committee to provide emergency search, rescue and relief.

(3) While performing emergency work, the fire service provider body shall have the right to enter any place and use the means and resources of any person or institution, in accordance with the order of the Local Disaster Risk Reduction and Management Committee. 20.
Disaster Risk Reduction and Management Act, 2017

20. Obligations of Public Entities and Commercial Establishments: (1) The obligations of public entities and commercial establishments in relation to disaster management shall be as follows:-

(a) To make disaster safety tools, equipment, materials, emergency exits and other arrangements as prescribed in their buildings, industries, offices or commercial centers to prevent disaster events,

(b) To provide necessary assistance to the Executive Committee, other committees related to disaster management and the Authority in all activities including data collection, damage assessment, relief, rehabilitation and reconstruction,

(c) To provide basic orientation training to their employees and workers as prescribed by the Authority regarding disaster management,

(d) To keep resources used in disaster management work in a state of readiness,

(e) To make available their buildings and other structures for emergency purposes if required, in accordance with the orders of the Government of Nepal, the Authority, the Province Government, the Local Level and the Chief District Officer,

(f) To assist in rescue and relief distribution work under the supervision of the concerned officer,

(g) To arrange and keep in readiness a disaster risk reduction mechanism,

(h) To take measures to properly manage waste and pollution and mitigate the negative impact thereof on the environment and public life,

(i) To immediately inform the nearest security body and local emergency operation center if a disaster event occurs.

(2) Public entities and commercial establishments shall, subject to the disaster management plans of the Government of Nepal, Province Government and Local Level, formulate and mandatorily implement a disaster management plan. 21. Obligation to Assist in Disaster Management: Government offices, non-governmental organizations, local associations, communities, volunteers, civil society, private sector and individuals shall

33.
Disaster Risk Reduction and Management Act, 2017

21. Obligation to Assist in Disaster Management: Government offices, non-governmental organizations, local associations, communities, volunteers, civil society, private sector and individuals shall

33. Government of Nepal may issue orders: (1) The Government of Nepal may, in a disaster crisis area declared pursuant to Section 32, issue an order to any person, entity or authority to do any or all of the following works as necessary:

(a) to close government or non-government offices, educational institutions or other institutions in such area for a certain period as necessary,

(b) to prohibit any act or activity that may adversely affect rescue operations in such area,

(c) to depute employees of government or non-government offices, educational institutions or other institutions on duty,

(d) to temporarily acquire, for the purpose of disaster rescue operations, if necessary, the movable and immovable property of non-government offices, educational institutions, other institutions or persons, by keeping records, for a specified period,

(e) to utilize and mobilize government resources and means,

(f) to take control of and use vehicles of non-government offices, educational institutions, other institutions or persons within the concerned district for a certain period by keeping records,

(g) to take control of food grains, clothing, medicine, construction materials and other goods of non-government offices, educational institutions, other institutions or persons within the concerned district by keeping records, and distribute them to disaster-affected persons,

(h) to adopt necessary measures to protect land, houses, factories, temples and religious sites and other such important objects or places located in such area from destruction,

(i) to form assistance teams and send them to the disaster crisis area,

(j) to impose restrictions on transportation and movement of people in the disaster-affected area,

(k) to make arrangements for other necessary protective measures for the protection of life and property of the general public,

(l) to carry out other works deemed necessary for disaster management.

(2) It shall be the duty of the concerned person, entity or authority to comply with the order issued pursuant to Sub-section (1). 34. Power to enter any place: The officer of the concerned body involved in search, rescue and relief distribution operations during disaster management may enter any place, building, etc. within a disaster-prone area or disaster crisis area by giving notice and as necessary. 35. Approval of Government of Nepal required: If a foreign citizen or institution has to enter any area affected by a disaster, approval of the Government of Nepal shall be required. 36.
Disaster Risk Reduction and Management Act, 2017

35. Approval of Government of Nepal required: If a foreign citizen or institution has to enter any area affected by a disaster, approval of the Government of Nepal shall be required. 36. May receive international humanitarian and other assistance: (1) The Government of Nepal may receive international humanitarian and other assistance if it deems that international assistance is necessary to immediately cope with the disaster situation in the country, as it cannot be managed from internal resources and means.

(2) The Government of Nepal may declare that assistance pursuant to Sub-section (1) is no longer necessary, if the situation arising from the disaster is controlled and further international assistance is not required. 37. Immediate procurement and construction may be done: If, due to special circumstances, it is necessary to immediately procure relief materials or carry out construction work to provide search, rescue and relief in a disaster-affected area and to prevent further damage from the ongoing disaster, procurement or construction work may be carried out in accordance with the provisions relating to procurement in special circumstances contained in the prevailing law on public procurement. 38. Payment to be made: (1) If property of a non-government office, educational institution, other institution or person is temporarily acquired or a vehicle is used pursuant to Clause (d) or (f) of Sub-section (1) of Section 33, the official, institution or disaster management committee designated by the Authority shall pay to the concerned office, institution or person an amount according to the prevailing rate as rent for the property acquired as per the records or for the vehicle used. Provided, however, that if, while acquiring immovable property, land with standing crops or land to be cultivated is also included, necessary compensation shall also be given for the crops damaged or to be damaged.

(2) If food grains, clothing, medicine, construction materials and other goods are obtained from a non-government office, educational institution, other institution or person pursuant to Clause (g) of Sub-section (1) of Section 33, the official, institution or disaster management committee designated by the Authority shall give to the concerned office, institution or person an amount equal to the value of such goods as per the prevailing rate. 39.
Disaster Risk Reduction and Management Act, 2017

39. Provision relating to minimum standards of relief: (1) The Government of Nepal shall, upon the recommendation of the Executive Committee, formulate and implement minimum standards of relief to be provided to disaster-affected persons.

(2) The minimum standards of relief pursuant to Sub-section (1) shall, in addition to other matters, include the following matters:

(a) relating to shelter, food, drinking water, health and sanitation to be provided when placing disaster-affected persons in temporary shelters,

(b) relating to minimum relief to be provided to the families of those who die due to a disaster and to persons suffering property loss,

(c) relating to the welfare of women, children, senior citizens, disabled and persons with disabilities,

(d) relating to the livelihood of victims through self-employment and employment management in addition to minimum relief,

(e) relating to distribution of relief provided by non-governmental or private sources,

(f) relating to distribution of relief under a single-door system,

(g) other appropriate matters relating to relief.

(3) The minimum standards of relief pursuant to Sub-section (1) shall be complied with by all bodies, persons or institutions providing relief to disaster-affected persons. 40. Relating to documents lost or destroyed in a disaster: Provision relating to certification and provision of copies of important documents that are partially or fully damaged, having been lost and not traceable due to a disaster, shall be as prescribed. 41. Remission: The Government of Nepal may grant remission, in accordance with the prevailing law, of materials and resources expended by government offices or institutions for disaster management works. 42. May issue directives: The Executive Committee may, subject to this Act, issue necessary directives to any person or body for disaster management, and it shall be the duty of the concerned person or body to comply with such directives. 43. May form sub-committees: (1) The Executive Committee, केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । Provincial Disaster Management Executive Committee, District Disaster Risk Reduction and Management Committee and Local Disaster Risk Reduction and Management Committee may form sub-committees as necessary.

(2) The functions, duties, powers and procedures of a sub-committee formed pursuant to Sub-section (1) shall be as specified at the time of forming the sub-committee. 44. May award prizes: The Authority shall make arrangements to provide honor and prizes as prescribed to outstanding persons or institutions making special contributions in relation to disaster management, by way of encouragement. 45.
Disaster Risk Reduction and Management Act, 2017

44. May award prizes: The Authority shall make arrangements to provide honor and prizes as prescribed to outstanding persons or institutions making special contributions in relation to disaster management, by way of encouragement. 45. Annual report: (1) The Local Disaster Risk Reduction and Management Committee shall prepare an annual report including details of the work done in each fiscal year and submit it to the District Disaster Risk Reduction and Management Committee and केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । Provincial Disaster Management Executive Committee.

(2) The District Disaster Risk Reduction and Management Committee shall prepare an annual report including details of the work done in each fiscal year and submit it to the Provincial Disaster Management Executive Committee.

(3) The केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । Provincial Disaster Management Executive Committee shall prepare an annual report including details of the work done in each fiscal year and submit it to the Council through the Authority.

(4) The Authority shall publish the annual report pursuant to Sub-section (1) publicly. 46. Delegation of authority: (1) The Executive Committee may, as necessary, delegate some of the powers vested in it under this Act and the rules made under this Act to the Authority and the Chief Executive.

(2) The केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । Provincial Disaster Management Executive Committee, District Disaster Risk Reduction and Management Committee and Local Disaster Risk Reduction and Management Committee may, as necessary, delegate some of the powers vested in them under this Act and the rules made under this Act to the Chairperson of the concerned committee and other officer employees. 47. Power to make rules: The Government of Nepal may make necessary rules for implementing this Act.

केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा थप । 47A. Provincial Government may make rules: (1) The Provincial Government may make necessary rules to make disaster management systematic and effective in accordance with this Act.

(2) Without prejudice to the generality of the power conferred by Sub-section (1), the Provincial Government may make rules on the following matters:

(a) relating to the formation, functions, duties and powers of the Provincial Disaster Management Executive Committee,

(b) relating to the amount to be kept in the Provincial Disaster Management Fund and its operation and management,

(c) relating to any other matter which may be provided for by rules under this Act.

(3) Rules made by the Provincial Government under this Act shall come into effect only after publication in the Provincial Gazette. 48.
Muslim Commission Act, 2017

Muslim Commission Act, 2074

Certification Date
2074.06.29

Amending Act

1. Act Amending Some Nepal Acts, 2075 2075.11.19

Act Number 31 of the year 2074



An Act Made to Provide for the Functions, Duties, Powers, and Procedures of the Muslim Commission

Preamble: Whereas, it is desirable to make necessary provisions regarding the Muslim Commission for the identification of the history and culture of the Muslim community, the protection and promotion of their rights and interests, and the empowerment of the Muslim community,

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

Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Muslim Commission Act, 2074".
(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-
(a) "Chairperson" means the Chairperson of the Commission, and this term also includes the Acting Chairperson.
(b) "Commission" means the Muslim Commission constituted pursuant to Article 264 of the Constitution.
(c) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules made under this Act.
(d) "Muslim" means the community defined by the Government of Nepal upon the recommendation of the Muslim Commission.
(e) "Member" means a Member of the Commission, and this term also includes the Chairperson.
(f) "Constitution" means the Constitution of Nepal. Chapter-2

Qualifications of Chairperson and Members and Circumstances of Vacancy

3. Qualifications of Chairperson and Members: The following person shall be qualified to be appointed to the position of Chairperson or Member of the Commission:-
(a) A person from the Muslim community who has protected and promoted the rights and interests of the Muslim community for at least ten years, contributed to the social sector, or made a significant contribution to the empowerment or development of the Muslim community or the field of human rights,
(b) Has obtained a Bachelor's Degree from a recognized university,
(c) Is not a member of any political party at the time of appointment,
(d) Has completed forty-five years of age,
(e) Is of high moral character. 4.
Muslim Commission Act, 2017

4. Circumstances of Vacancy: The position of the Chairperson or a Member of the Commission shall become vacant in any of the following circumstances:-
(a) If he/she submits a written resignation to the President,
(b) If his/her age reaches sixty-five years,
(c) Upon the expiry of the term of office as per Sub-article (3) of Article 264 of the Constitution,
(d) If an impeachment motion is passed against him/her pursuant to Article 101 of the Constitution,
(e) If the President removes him/her from office based on the recommendation of the Constitutional Council, stating that he/she is unable to remain in service and perform duties due to physical or mental illness,
(f) Upon his/her death. 5. Ineligibility for Reappointment: The Chairperson or a Member appointed to the Commission shall not be eligible for reappointment. Provided that a Member may be appointed to the position of Chairperson, and if such a Member is appointed as Chairperson, the period served as a Member shall also be added while calculating his/her term of office. 6. Ineligibility for Other Government Service: A person who has been a Chairperson or Member shall not be eligible for appointment to any other government service. Provided that nothing written in this section shall be deemed to prevent such a person from being appointed and working in any political position or any position responsible for researching, inquiring, or investigating a subject or studying or exploring a subject and submitting opinions, remarks, or recommendations. Chapter-3

Functions, Duties, and Powers of the Commission

7.
Muslim Commission Act, 2017

8. Power to Seek Opinions and Consultations: The Commission may coordinate, consult, or seek opinions from other constitutional bodies, government offices, or public institutions regarding its work and proceedings. 9. Power to Engage the Services of Experts: If any work required to be performed pursuant to this Act and prevailing federal law cannot be performed by the personnel working in the Commission, the Commission may, stating the reasons therefor, engage the services of an expert pursuant to the prevailing federal law. 10. Power to Form a Committee or Task Force: (1) For the purpose of performing any specific nature of work related to the Commission, the Commission may, specifying the procedure, form a committee or task force.
(2) The working conditions or scope of work of the committee or task force formed pursuant to Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force.
(3) While forming a committee or task force pursuant to Sub-section (1), representation shall be ensured on the basis of the principle of proportional inclusion as provided for in the Constitution. 11. Power to Coordinate and Cooperate: The Commission may coordinate and cooperate as necessary with government bodies or public institutions. Chapter-4

Conduct of Business of the Commission

12. Office of the Commission: (1) The office of the Commission shall be located in the Kathmandu Valley for the conduct of its business.
(2) The Commission may establish offices at the provincial level as well, as necessary. 13. Meeting of the Commission: (1) The work required to be performed by the Commission pursuant to this Act shall be done by the decision of the meeting of the Commission.
(2) A meeting of the Commission shall be held on such date, time, and place as specified by the Chairperson as required.
(3) The Secretary of the Commission shall, specifying the date, time, and place for the meeting, send a notice including the agenda for discussion at the meeting to all Members generally forty-eight hours prior to the meeting time.
(4) If a Member wishes to discuss any subject in addition to the subjects mentioned in the agenda of the meeting pursuant to Sub-section (3), such Member shall submit a notice stating the subject and reason for wishing to discuss to the Secretary of the Commission at least twenty-four hours before the meeting.
Muslim Commission Act, 2017

Upon receipt of such notice, the Secretary of the Commission shall inform all Members thereof forthwith, and such subject shall be deemed to be included in the agenda of the meeting of the Commission.
(5) Notwithstanding anything contained in Sub-sections (3) and (4), with the consent of all Members present at the meeting of the Commission, discussion and decision may also be held on subjects not included in the agenda.
(6) The presence of more than fifty percent of the Members currently holding office in the Commission shall be deemed to constitute a quorum for the meeting of the Commission.
(7) The meeting of the Commission shall be presided over by the Chairperson.
(8) Decisions of the Commission shall be made by a majority of votes, and in case of a tie, the Chairperson shall cast the deciding vote.
(9) The Secretary of the Commission shall prepare the record of the decisions of the Commission and keep it signed by the Chairperson and Members. Amended by the Act Amending Some Nepal Acts, 2075. (10) An officer of the Nepal Civil Service of the Special Class shall serve as the Secretary of the Commission. Until such employee is appointed, the senior-most employee of the Commission shall serve as the Secretary of the Commission.
(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 14. Prohibition from Participating in Decision-Making Process in Case of Conflict of Interest: If a Member of the Commission has an interest, concern, or stake in any subject under consideration by the Commission, or if his/her close relative is directly affected, such Member shall give prior notice thereof to the Commission and shall not participate in the decision-making process of the Commission concerning such subject. 15. Division of Work: The division of work between the Chairperson and Members shall be as specified by the Commission. 16. Performance of Duties as Acting: If the position of the Chairperson falls vacant for any reason, Amended by the Act Amending Some Nepal Acts, 2075. if he/she is unable to perform the functions of his/her office pursuant to Sub-article (6) of Article 101 of the Constitution, if he/she goes on a foreign visit, or if he/she is on leave for more than seven days, the senior-most Member of the Commission shall serve as the Acting Chairperson of the Commission. 17. Proceedings of Commission Not To Be Invalidated: The proceedings of the Commission shall not be invalidated merely by reason of the vacancy of a Member's position. Omitted by the Act Amending Some Nepal Acts, 2075. Chapter-5

Miscellaneous

18.
Muslim Commission Act, 2017

17. Proceedings of Commission Not To Be Invalidated: The proceedings of the Commission shall not be invalidated merely by reason of the vacancy of a Member's position. Omitted by the Act Amending Some Nepal Acts, 2075. Chapter-5

Miscellaneous

18. Organizational Structure and Employees of the Commission: (1) The organizational structure and staff strength of the Commission shall be as approved by the Government of Nepal.
(2) Employees required for the conduct of the business of the Commission shall be provided by the Government of Nepal. 19. Observance of Official Dignity and Conduct: (1) The Chairperson and Members of the Commission shall observe official dignity as follows:-
(a) To perform their official duties independently, impartially, and honestly for the protection and promotion of the rights and interests of the Muslim community and the empowerment of the Muslim community,
(b) Not to do any act that may disturb the relationship between various castes, communities, and sects.
(2) The Chairperson and Members of the Commission shall observe official conduct as per this Act or prevailing federal law. 20. Duty to Cooperate in Proceedings: It shall be the duty of any body or office-bearer to provide such assistance when the Commission requests for assistance from them in the course of performing its work. 21. Power to Send Written Communication for Implementation: If any body or office-bearer fails to provide necessary assistance to the Commission, the Commission may send a written communication to the controlling body or officer of such body or officer for assistance. 22. Annual Report: (1) The Commission shall submit an annual report of its work and proceedings to the President within three months from the date of expiry of the fiscal year.
(2) In addition to other matters, the annual report pursuant to Sub-section (1) shall also include the following matters:-
(a) Details of the implementation of the annual program of the Commission and the cost incurred,
(b) Details of recommendations and suggestions provided by the Commission to the Government of Nepal or any other body,
(c) The status of implementation of the recommendations and suggestions pursuant to Clause (b),
(d) Details of the financial and physical resources of the Commission and their utilization,
(e) Details of other work and proceedings carried out concerning the performance of the duties required to be fulfilled by the Commission pursuant to this Act. 23. Liaison with the Government of Nepal: While liaising with the Government of Nepal, the Commission shall do so through the Ministry of Federal Affairs and General Administration. 24.