chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Financial Act, 2025

4. If the relevant body has entered into an agreement relating to project duty exemption without the prior consent of the Ministry of Finance, Government of Nepal, no duty exemption shall be available in respect of such agreement. Schedule-6

(Related to Sub-section 1 of Section 20)

Health Risk Tax

1. A health risk tax shall be levied and collected on the following goods imported from abroad and produced domestically as follows:-

(a) On bidis: thirty paisa per packet,

(b) On cigarettes and cigars: sixty paisa per packet,

(c) On heated tobacco prepared to be inhaled without combustion, whether electrically chargeable or not: 10 percent of the value determined for customs duty purposes,

(d) On electronic cigarettes or vapes, whether nicotine-containing or nicotine-free, prepared to be inhaled without combustion, whether electrically chargeable or not: thirty rupees per unit,

(e) On substances mixed with elements of nicotine-containing or nicotine-free goods not covered in clauses (a), (b), (c) and (d), for smoking, chewing, placing in the mouth, prepared chewing tobacco, khaini, gutkha, pan masala, scented supari, mouth freshener and hookah flavor: sixty rupees per kilogram. 2. The tax under section 1 shall be collected at the customs point at the time of import, and in the case of domestic production, at the time of removal from the establishment. 3. A person liable to deposit the health risk tax shall include the details of the tax payable each month in the excise return and submit it to the excise officer within the twenty-fifth day of the following month. 4. If evasion of health risk tax is found, the excise officer may determine the health risk tax. 5. While determining the health risk tax under section 4, the excise officer shall give the relevant person a period of fifteen days to present their defense. 6. In case of non-deposit or under-deposit of the health risk tax under section 2, a late fee at the rate of zero point zero five percent per day shall be levied on the outstanding health risk tax. 7. If the health risk tax under section 1 is not deposited, a penalty of one hundred percent shall be levied. 8. A person aggrieved by a decision of the excise officer determining the health risk tax under section 4 may submit an application for administrative review to the Director General within thirty days from the date of receipt of such tax determination order. 9.
Financial Act, 2025

8. A person aggrieved by a decision of the excise officer determining the health risk tax under section 4 may submit an application for administrative review to the Director General within thirty days from the date of receipt of such tax determination order. 9. If the period for submitting an application under section 8 has expired, an application may be submitted to the Director General within seven days from the date of expiry of such period, stating the reason for the expiry, and if the reason mentioned in such application appears reasonable, the Director General may extend the period by thirty days from the date of expiry. 10. The Director General shall decide on the application submitted under section 8 within sixty days from the date of receipt of such application. 11. Upon investigation of the application submitted under section 8, if the claim of such application appears appropriate, the Director General may order a reassessment of the health risk tax by preparing a note stating clear reasons. 12. A person submitting an application under section 8 shall deposit in cash the undisputed health risk tax, penalty and fee amount, and one-fourth of the disputed health risk tax, fee and penalty amount. 13. If the Director General does not decide within the period under section 10, or if the person is aggrieved by the decision made, the relevant person may appeal to the Revenue Tribunal within thirty-five days from the date of receipt of notice of such decision or after the expiry of such period. 14. A person submitting an application for administrative review under section 13 or an appeal shall register one copy thereof at the relevant office within fifteen days. 15. The submission of an application for review under section 8 or an appeal under section 13 shall not be deemed to affect the implementation of the decision mentioned in section 4.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

Act Relating to the Reconstruction of Earthquake-Affected Structures, 2072

Certification and Publication Date
2072.9.5

Amending Act
1. Some Nepal Acts Amendment Act, 2075 2075.11.19

Preamble: Whereas, it is expedient to make legal provision regarding the establishment of an empowered National Reconstruction Authority to complete the construction work of structures damaged by the devastating earthquake of Baisakh 12, 2072 and subsequent aftershocks in a sustainable, sturdy and planned manner as soon as possible, and to provide for the resettlement and relocation of persons and families displaced by the earthquake, thereby promoting national interest and providing social justice;

Therefore, the Legislature-Parliament, pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. 1. Short Title and Commencement: (1) This Act may be cited as the "Act Relating to the Reconstruction of Earthquake-Affected Structures, 2072".
(2) This Act shall come into force immediately.
(3) This Act shall remain in force as long as the term of the Authority subsists. 2. Definition: Unless the subject or context otherwise requires, in this Act, -
(a) "Executive Committee" means the Executive Committee pursuant to Section 9.
(b) "Prescribed or as prescribed" means prescribed or as prescribed in the Rules framed under this Act.
(c) "Directing Committee" means the Directing Committee pursuant to Section 6.
(d) "Reconstruction" means economic, social or physical development, new construction and restoration work related to the damage caused by the earthquake, carried out in a sustainable, sturdy and planned manner.
(e) "Council" means the National Reconstruction Advisory Council pursuant to Section 5.
(f) "Chief Executive Officer" means the Chief Executive Officer appointed pursuant to Section 11.
(g) "Authority" means the National Reconstruction Authority established pursuant to Section 3.
(h) "Earthquake" means the earthquake that occurred on Baisakh 12, 2072 and the subsequent aftershocks as well.
(i) "Earthquake-Affected Area" means any area designated by the Government of Nepal by publishing a notice in the Nepal Gazette, stating that, due to widespread human or physical damage caused by the earthquake, plans or programs of a special nature need to be implemented for the resettlement of displaced persons and the reconstruction of physical, social and archaeological structures.
(j) "Secretary" means the Secretary of the Authority pursuant to Section 13. 3. Establishment of the Authority: (1) A National Reconstruction Authority is established for the reconstruction of the damage caused by the earthquake.
(2) The working area of the Authority shall be as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.
(3) The term of the Authority shall be five years.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

Provided that procedures shall not be framed in a manner contrary to the fundamental principles of the Public Procurement Act.
(4) While framing procedures or doing or causing to do any work under this section, it shall be done in a manner that does not adversely affect environmental balance, healthy competition, transparency and accountability.
(5) The procedure pursuant to Sub-section (3) shall be published in the Nepal Gazette. 5. Formation of the National Reconstruction Advisory Council: (1) There shall be a National Reconstruction Advisory Council for the purpose of advising the Directing Committee in relation to preparing policies and plans concerning reconstruction.
(2) The formation of the Council shall be as follows:-
(a) Prime Minister – Chairperson
(b) Amended by Some Nepal Acts Amendment Act, 2075.Leader of the main opposition party in the House of Representatives – Vice-Chairperson
(c) Ministers designated by the Prime Minister – Member
(d) Former Prime Ministers – Member
(e) Amended by Some Nepal Acts Amendment Act, 2075.Heads of political parties represented in the House of Representatives – Member
(f) From earthquake-affected districts,
Amended by Some Nepal Acts Amendment Act, 2075.Fourteen persons nominated by the Advisory Council from among the members of parliament representing the House of Representatives from each district, ensuring representation based on the principle of inclusiveness – Member
(g) Chief Executive Officer – Member
(h) Vice-Chairperson of the National Planning Commission – Member
(i) Chief Secretary of the Government of Nepal – Member
(j) Chief of Army Staff, Nepali Army – Member
(k) Governor, Nepal Rastra Bank – Member
(l) Secretaries of the Government of Nepal designated by the Prime Minister – Member
(m) Inspector General of Police, Nepal Police – Member
(n) Inspector General of Armed Police Force, Armed Police Force, Nepal – Member
(o) Five persons, including at least two women, nominated by the Government of Nepal from among experts from universities, non-governmental organizations, civil society or the private sector, ensuring representation – Member
(p) Secretary – Member-Secretary
(3) The meeting of the Council shall be held at least once every six months on the date, time and place designated by the Chairperson.
(4) Any other expert or office-bearer may be invited to the meeting of the Council as necessary.
(5) Other procedures relating to the meeting of the Council shall be as determined by the Council itself. 6.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

6. Directing Committee: (1) There shall be a Directing Committee to function as the central body of the Authority.
(2) The formation of the Directing Committee shall be as follows:-
(a) Prime Minister – Chairperson
Amended by Some Nepal Acts Amendment Act, 2075.(b) Leader of the main opposition party in the House of Representatives or the Deputy Leader designated by him/her – Vice-Chairperson
(c) Two ministers designated by the Prime Minister – Member
(d) Chief Executive Officer – Member
(e) Vice-Chairperson of the National Planning Commission – Member
(f) Chief Secretary of the Government of Nepal – Member
(g) Three persons, nominated by the Government of Nepal on the basis of the principle of inclusiveness, from among experts who have obtained a master's degree from a university recognized by the Government of Nepal in the subject of infrastructure development and engineering, law, economics, management, geography, geology, archaeology or development planning, and who have gained at least ten years of experience in the relevant field including national and international projects – Member
(h) Secretary – Member-Secretary
(3) Members pursuant to Clause (g) of Sub-section (2) shall remain in office for such period as desired by the Government of Nepal. If they need to be removed from such office for any reason, they shall be given an opportunity to submit a defense before such removal.
(4) The facilities of members pursuant to Clause (g) of Sub-section (2) shall be as prescribed by the Government of Nepal. 7.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

If they need to be removed from such office for any reason, they shall be given an opportunity to submit a defense before such removal.
(4) The facilities of members pursuant to Clause (g) of Sub-section (2) shall be as prescribed by the Government of Nepal. 7. Provisions Relating to Meetings of the Directing Committee: (1) The meeting of the Directing Committee shall be held as necessary on the date, time and place designated by the Chairperson.
(2) The Secretary shall make available the notice of the meeting and the subjects for discussion to the members generally at least twenty-four hours before the time of such meeting.
(3) If more than fifty percent of the total number of members of the Directing Committee are present, the meeting of the Directing Committee shall be deemed to have constituted a quorum.
(4) The meeting of the Directing Committee shall be presided over by the Chairperson.
(5) The decision of the meeting of the Directing Committee shall be made by a majority of the members present, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.
(6) The Directing Committee may invite any office-bearer of the Government of Nepal, any body or representative of associations or organizations, or an expert to the meeting as necessary.
(7) Decisions of the meeting of the Directing Committee shall be certified by the Secretary.
(8) Other procedures relating to the meeting of the Directing Committee shall be as determined by the Directing Committee itself. 8. Functions, Duties and Powers of the Directing Committee: The functions, duties and powers of the Directing Committee shall be as follows:-
(a) To approve policies and plans relating to reconstruction prepared by the Executive Committee,
(b) To give directions to the Executive Committee to make reconstruction-related work systematic and effective,
(c) To approve the budget of the Authority,
(d) To approve the organizational structure of the Authority. 9.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

9. Executive Committee: (1) There shall be an Executive Committee to exercise and fulfill or cause to be fulfilled the functions, duties and powers assigned to the Authority under this Act.
(2) The formation of the Executive Committee shall be as follows:-
(a) Chief Executive Officer – Chairperson
(b) Secretary of the Office of the Prime Minister and Council of Ministers designated by the Chief Secretary of the Government of Nepal – Member
(c) Four persons, nominated by the Government of Nepal on the basis of the principle of inclusiveness, from among experts who have obtained a master's degree from a university recognized by the Government of Nepal in the subject of infrastructure development and engineering, law, economics, management, geography, geology, archaeology or development planning, and who have gained at least ten years of experience in the relevant field including national and international projects – Member
(d) Secretary – Member-Secretary
(3) Members pursuant to Clause (c) of Sub-section (2) shall remain in office for such period as desired by the Government of Nepal. If they need to be removed from such office for any reason, they shall be given an opportunity to submit a defense before such removal.
(4) The remuneration and facilities of members pursuant to Clause (c) of Sub-section (2) shall be as prescribed by the Government of Nepal. 10. Provisions Relating to Meetings of the Executive Committee: (1) The meeting of the Executive Committee shall be held as necessary on the date, time and place designated by the Chairperson.
(2) The Secretary shall make available the notice of the meeting and the subjects for discussion to the members generally at least twenty-four hours before the time of such meeting.
(3) If more than fifty percent of the total number of members of the Executive Committee are present, the meeting of the Executive Committee shall be deemed to have constituted a quorum.
(4) The meeting of the Executive Committee shall be presided over by the Chairperson.
(5) The decision of the meeting of the Executive Committee shall be made by a majority of the members present, and in case of a tie, the Chairperson shall cast the deciding vote.
(6) The Executive Committee may invite any office-bearer of the Government of Nepal, any body or representative of associations or organizations, or an expert to the meeting as necessary.
(7) Decisions of the meeting of the Executive Committee shall be certified by the Secretary.
(8) Other procedures relating to the meeting of the Executive Committee shall be as determined by the Executive Committee itself. 11.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

11. Provision Relating to Chief Executive Officer: (1) There shall be a Chief Executive Officer who works full time as the executive chief of the Authority.
(2) The Government of Nepal shall appoint the Chief Executive Officer from among persons who have obtained at least a master's degree in administration, management, economics, engineering or development planning from a university recognized by the Government of Nepal and who have gained at least fifteen years of experience in the relevant field.
(3) The term of office of the Chief Executive Officer shall be five years from the date of appointment. The Government of Nepal may extend the term of office of the Chief Executive Officer for a maximum of one year as necessary.
(4) Notwithstanding anything contained in Sub-section (3), if the work of the Chief Executive Officer is not satisfactory, the Government of Nepal may remove him/her from office at any time. Provided that,
before such removal, he/she shall be given an opportunity to submit a defense.
(5) If the office of the Chief Executive Officer becomes vacant for any reason, the Government of Nepal shall appoint another person to such office for the remaining period from among persons possessing the qualifications pursuant to Sub-section (2).
(6) The remuneration, other terms of service and facilities of the Chief Executive Officer shall be as specified by the Government of Nepal by publishing a notice in the Nepal Gazette. 12. Functions, Duties and Powers of the Chief Executive Officer: The functions, duties and powers of the Chief Executive Officer shall be as follows:-
(a) To cause to prepare a draft of policies and plans relating to reconstruction of the Authority and submit it to the Directing Committee for approval,
(b) To maintain coordination among various bodies in relation to the work and activities of the Authority,
(c) To implement or cause to implement the directions and decisions of the Council and the Directing Committee,
(d) To enter any person's house or land during reconstruction or settlement development, to prohibit anyone's entry into such place, or to remove any obstruction if there is any,
(e) To take action, up to removal, if an employee appointed in the Authority does not fulfill their responsibility,
(f) To carry out or cause to carry out other reconstruction-related work as prescribed. 13.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

13. Secretary of the Authority: (1) The Government of Nepal shall designate one person from among officers of the gazetted special class of the civil service to serve as the Secretary of the Authority.
(2) The functions, duties and powers of the Secretary shall be as follows:-
(a) To act as the administrative chief of the Authority,
(b) To purchase or cause to purchase goods and services required for the reconstruction work to be done by the Authority,
(c) To collect information and details required by the Authority,
(d) To implement or cause to implement the decisions and directions of the Executive Committee,
(e) To prepare proposals on subjects requiring decision by the Executive Committee and submit them to the meeting of the Executive Committee,
(f) To monitor and inspect or cause to monitor and inspect the programs conducted as per the direction of the Executive Committee,
(g) To perform or cause to perform other functions as prescribed. 14. Provision Relating to Employees: (1) Employees required by the Authority shall be provided by the Government of Nepal.
(2) If the Government of Nepal is unable to provide the necessary employees pursuant to Sub-section (1), the Chief Executive Officer may appoint employees at various levels on contract as prescribed.
(3) The service, terms and conditions and facilities of employees appointed on contract pursuant to Sub-section (2) shall be as specified in the contract agreement.
(4) The Executive Committee may avail the services of experts as required for the work of the Authority.
(5) The functions, duties, powers, term and facilities of the expert providing services pursuant to Sub-section (4) shall be as specified by the Executive Committee.
(6) The Executive Committee may provide additional facilities to employees provided by the Government of Nepal. 15.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

15. Reconstruction Fund: (1) There shall be a separate Reconstruction Fund for the Authority.
(2) The Fund pursuant to Sub-section (1) shall consist of the following amounts:-
(a) Amounts received from the Government of Nepal,
(b) Amounts received from the Prime Minister's Natural Disaster Relief Fund,
(c) Amounts received from any association, organization or individual,
(d) Amounts received in cash or in-kind aid or from programs from foreign individuals, governments or international associations or organizations,
(e) Amounts received from any other source.
(3) Before receiving amounts pursuant to Clause (d) of Sub-section (2), the Authority shall obtain approval from the Ministry of Finance in coordination with the Ministry of Foreign Affairs.
(4) The operation of the Fund pursuant to Sub-section (1) shall be as specified by the Executive Committee.
(5) Notwithstanding anything contained in the prevailing law, the amount in the Reconstruction Fund under this section shall not be frozen.
(6) The amount of the Fund pursuant to Sub-section (1) shall be spent only for reconstruction-related work.
(7) The Authority shall prepare a report on the status of annual transactions and other accounts of the Fund pursuant to Sub-section (1) and submit it to the Government of Nepal. 16. Provision of Amount for Administrative Expenses: The Government of Nepal shall provide the necessary amount annually for the administrative expenses of the Authority. 17. May Establish Offices: (1) The Authority may establish offices as necessary to carry out or cause to carry out supervision, monitoring and coordination of reconstruction-related work or such work.
(2) The functions, duties and powers of the offices established pursuant to Sub-section (1) shall be as specified by the Authority. 18. Organizational Structure and Posts of the Authority: The posts and job descriptions of the employees of the Authority shall be as specified by the Executive Committee, remaining within the organizational structure and budget approved by the Directing Committee. 19. Accounts and Audit: (1) The accounts of income and expenditure of the Authority shall be maintained according to the format adopted by the Government of Nepal.
(2) The internal audit of the Fund of the Authority shall be conducted by the Office of the Comptroller and Auditor General and the final audit shall be conducted by the Auditor General. 20. Development Assistance Coordination and Facilitation Committee: To make reconstruction-related programs operated through development assistance effective and transparent and to monitor or cause to monitor such programs, the Council shall constitute a Development Assistance Coordination and Facilitation Committee with a maximum of eleven members, under the coordination of the Chief Executive Officer, including representation from national and international development partners and civil society as well. 21.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

21. May Give Directions: (1) The Authority may give necessary directions to any public body or public servant while exercising its functions, duties and powers under this Act.
(2) It shall be the duty of the concerned body or public servant to comply with the direction pursuant to Sub-section (1). 22. Sending in Writing for Action: (1) If any public servant fails to comply with a direction given by the Authority under this Act, he/she shall be deemed to have violated the prevailing law relating to his/her service and conditions.
(2) The Authority may send a written communication to the concerned body for action against a public servant who fails to comply with a direction given by the Authority.
(3) If a written communication for action is received against the head of any body or a public servant pursuant to Sub-section (2), the competent authority shall take action against him/her within one month and inform the Authority thereof.
(4) If any public servant fails to perform work under the authority delegated from the Authority pursuant to this Act, the Authority may conduct an inquiry regarding the work and action done by such public servant.
(5) While conducting an inquiry pursuant to Sub-section (4), the Authority may call for the relevant file and also question the concerned person.
(6) If, upon conducting an inquiry pursuant to Sub-section (4), any public servant is found to have done unlawful work or action, the Authority shall send a written communication to the concerned body for action against such public servant according to the prevailing law. 23. To Hold Public Hearing: The Authority shall hold a public hearing at least once every six months to make its work and activities effective and transparent. 24. Report to be Made Public: (1) The Authority shall, on a quarterly basis, make public a report through appropriate means including the work and activities carried out by it and the expenses incurred for administrative and reconstruction purposes.
(2) The Authority shall submit an annual report of the work and activities performed by it to the Government of Nepal within three months of the end of the fiscal year.
(3) The report received pursuant to Sub-section (2) shall be submitted by the Government of Nepal to Amended by Some Nepal Acts Amendment Act, 2075.the House of Representatives. 25.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

25. District Coordination Committee: (1) There shall be a District Coordination Committee in each district to coordinate the work and activities carried out by the Authority in the earthquake-affected area.
(2) The District Coordination Committee pursuant to Sub-section (1) shall consist of the member of parliament representing the Amended by Some Nepal Acts Amendment Act, 2075.Federal Parliament from the concerned district, the Chief District Officer and the Local Development Officer of the concerned district.
(3) The coordinator of the District Coordination Committee shall be from among the members of parliament pursuant to Sub-section (2) on a rotational basis every six months according to the alphabetical order of Nepali names.
(4) The functions, duties and powers of the District Coordination Committee pursuant to Sub-section (1) shall be as follows:-
(a) To coordinate the work and activities carried out by the Authority,
(b) To monitor the work and activities carried out by the Authority,
(c) To review the work and activities carried out by the Authority,
(d) To recommend action if any office-bearer or employee stationed in the district, related to the work of the Authority, does any work contrary to this Act,
(e) To perform other functions as prescribed.
(5) For the purpose of Sub-section (4), the District Coordination Committee may invite office-bearers of any body stationed in the district, women and social workers to the committee as necessary. 26.
Act Relating to Reconstruction of Earthquake Affected Structures, 2015

26. Provision Relating to Appeal: (1) A party aggrieved by a decision or order made by the Authority while exercising the functions, duties and powers mentioned in this Act may appeal to the Appeal Committee pursuant to Sub-section (2).
(2) To process and settle appeals filed pursuant to Sub-section (1), the Government of Nepal shall form an Appeal Committee as follows:-
(a) A judge designated by the Government of Nepal on the recommendation of the Judicial Council from among the sitting judges of the High Court – Chairperson
(b) Two persons appointed by the Government of Nepal, ensuring representation, from among persons who have obtained at least a master's degree from a recognized university in the subject of infrastructure, engineering, law, economics, management, economic or social development, archaeology, public procurement or social development and who have at least fifteen years of work experience in the relevant field – Member
(3) The facilities of the Chairperson and Members of the Appeal Committee shall be equivalent to those of a judge of the High Court.
(4) A member appointed pursuant to Clause (b) of Sub-section (2) may be removed from office at any time by the Government of Nepal if an inquiry committee formed by the Government of Nepal recommends removal on the grounds of his/her bad conduct or lack of competence to fulfill the positional responsibility. Provided that before such removal, he/she shall be given an opportunity to submit a defense.
(5) Employees required by the Appeal Committee shall be provided by the Government of Nepal.
(6) While processing and settling appeals under this section, the Appeal Committee shall exercise the same powers as those of a High Court under the prevailing law.
(7) While processing and settling appeals under this section, the Appeal Committee shall adopt the procedure pursuant to the Summary Procedure Act, 2028.
(8) The decision or order made by the Appeal Committee shall be final.
(9) The term of the Appeal Committee shall remain up to one year from the date of dissolution of the Authority. The appeals and related case files remaining to be settled by the Appeal Committee within its specified term shall be transferred to the High Court having jurisdiction over the location of the central office of the Authority. 27. To be According to this Act: Matters written in this Act shall be according to this Act, and matters not covered by this Act shall be according to other prevailing laws. 28. Delegation of Powers: The Authority may delegate some of the powers conferred upon it, as necessary, to the Chief Executive Officer, member, Secretary or any body or officer of the Government of Nepal. 29.
Essential Services Operation Act, 1957

Essential Services Operation Act, 2014

Date of Royal Seal and Publication
2014.8.21

Amending Acts

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

Act No. 15 of the Year 2014



An Act Made to Maintain Uninterrupted Operation of Essential Services

Whereas it has become necessary to make essential and appropriate provisions to maintain uninterrupted operation of essential services so as not to disrupt the normal living conditions of the general public, this Act is hereby enacted and promulgated by His Majesty the King. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Essential Services Operation Act, 2014".

(2) This Act shall apply throughout Nepal.

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

(a) "Essential service" means the following services:

(1) Postal, telegraph or telephone service,

(2) Transport service for carrying passengers or goods by water, land or air,

(3) Service related to the work of maintaining, operating or repairing an airport or aircraft,

(4) Service related to the work of loading, unloading, storing or warehousing goods at an airfield, railway station or government warehouse,

(5) Printing or government press related service,

(6) Any service of the defense arrangement of the Government of Nepal related to the production, storage, or distribution of arms, ammunition, or any other military supplies, and

(7) Any other service specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(b) "Strike" means the cessation of work or the refusal to do or continue work, by pre-arrangement or by common consent collectively by all or some of the employees employed or appointed in any essential service. 3. Power of His Majesty's Government to Prohibit Strike: (1) If deemed necessary and appropriate for the public interest, His Majesty's Government may, by an order published in the Nepal Gazette, prohibit a strike in any essential service specified in that order.

(2) Every order issued under sub-section (1) shall remain in force for up to six months.

(3) After His Majesty's Government has issued an order under sub-section (1)-

(1) No person employed in any essential service specified in that order shall engage in a strike or participate or continue to participate therein.

(2) Any strike carried out or declared to be carried out by persons employed in such service before or after the issuance of such order shall be deemed illegal. Added by the Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.3A.
Essential Services Operation Act, 1957

Added by the Some Nepal Acts Amendment Act, 2075 to Make Consistent with the Constitution of Nepal.3A. Power of Provincial Government to Prohibit Strike: (1) If deemed necessary and appropriate for the public interest, the provincial government may, by an order published in the provincial gazette, prohibit a strike in any essential service specified in that order.

(2) Notwithstanding anything written in sub-section (1), where the Government of Nepal has issued an order prohibiting a strike in any essential service effective throughout Nepal, the provincial government shall not be required to issue an order prohibiting a strike in such service, and the order issued by the Government of Nepal under section 3 shall be implemented by the provincial government in the same manner as an order under sub-section (1).

(3) An order under sub-section (1) shall remain in force for up to six months.

(4) After the provincial government has issued an order under sub-section (1):-

(a) No person employed in any essential service specified in that order shall engage in a strike or participate or continue to participate therein.

(b) Any strike carried out or declared to be carried out by persons employed in such service before or after the issuance of such order shall be deemed illegal. 4. Punishment for Person Who Engages in, Participates in, or Continues to Participate in a Prohibited Strike: If any person engages in, participates in, or continues to participate in any strike prohibited under this Act, such person shall be liable to imprisonment for up to six months or a fine of up to Rs. 200.– (two hundred) or both. 5. Punishment for Abettor: If any person abets another to engage in, participate in, or continue to participate in any strike prohibited under this Act, such person shall be liable to imprisonment for up to one year or a fine of up to Rs. 1,000.– (one thousand) or both. 6. Punishment for Person Who Provides Financial Assistance for a Prohibited Strike: If any person knowingly provides any financial assistance for any strike prohibited under this Act, such person shall be liable to imprisonment for up to one year or a fine of up to Rs. 1,000.– (one thousand) or both. 7. To Apply in Case of Conflict with Other Nepal Laws: Notwithstanding anything written in the prevailing Nepal laws, matters written in this Act and in the order issued under this Act shall be according to this Act and this order, and in other matters, it shall be according to the prevailing Nepal laws.
Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2010

1. Short Title and Commencement: (1) This Act may be cited as the "Constitutional Council (Work, Duties, Powers and Procedure) Act, 2066".

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

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

(b) "Office-bearer" means the following office-bearers appointed on the recommendation of the Council:-

(1) Chief Justice of the Supreme Court,

(2) Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority,

(3) Auditor General,

(4) Chairperson and Members of the Public Service Commission,

(5) Chief Election Commissioner and Election Commissioners of the Election Commission,

(6) Chairperson and Members of the National Human Rights Commission,

Added by the Act Amending Some Nepal Acts, 2072.(7) Chairperson and Members of the National Natural Resources and Finance Commission,

Added by the Act Amending Some Nepal Acts, 2072.(8) Chairperson and Members of the National Women Commission,

Added by the Act Amending Some Nepal Acts, 2072.(9) Chairperson and Members of the National Dalit Commission,

Added by the Act Amending Some Nepal Acts, 2072.(10) Chairperson and Members of the National Inclusion Commission,

Added by the Act Amending Some Nepal Acts, 2072.(11) Chairperson and Members of the Indigenous Nationalities Commission,

Added by the Act Amending Some Nepal Acts, 2072.(12) Chairperson and Members of the Madhesi Commission,

Added by the Act Amending Some Nepal Acts, 2072.(13) Chairperson and Members of the Tharu Commission,

Added by the Act Amending Some Nepal Acts, 2072.(14) Chairperson and Members of the Muslim Commission.

(c) "Council" means the Constitutional Council formed pursuant to Article 284 of the Constitution, amended by the Act Amending Some Nepal Acts, 2072.

(d) "Constitution" means the Constitution of Nepal, amended by the Act Amending Some Nepal Acts, 2072.

(e) "Secretary" means the Secretary of the Council.

(f) "Secretariat" means the Secretariat of the Council pursuant to Section 8.

(g) "Member" means a member of the Council. 3.
Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2010

3. Work, Duties and Powers of the Council: In addition to the work, duties and powers mentioned in the Constitution, the other work, duties and powers of the Council shall be as follows:-

(a) To recommend for parliamentary hearing for the purpose of sub-article (1) of Article 292 of the Constitution amended by the Act Amending Some Nepal Acts, 2072. for the appointment of office-bearers,

(b) To recommend to the President for the appointment of the person who, among the persons recommended pursuant to clause (a), has been communicated in writing by the Federal Parliament Secretariat amended by the Act Amending Some Nepal Acts, 2075. that there is no impediment to making the appointment,

(c) To prepare a record of persons qualified for recommendation pursuant to clause (a),

(d) To keep updated the record of matters relating to the appointment, term, vacancy, reappointment, etc. of office-bearers. 4. Record to be Prepared: (1) The Secretariat shall prepare and maintain separate records of persons qualified to be appointed to the office of office-bearers of constitutional bodies pursuant to the Constitution.

(2) The record prepared pursuant to sub-section (1) shall be confidential and shall remain in the custody of the Secretary.

(3) The Secretary shall not give or make public the record pursuant to sub-section (2) to anyone without the approval of the Council.

(4) Notwithstanding anything contained elsewhere in this Section, the mere fact that a person's name is not included in such record shall not prevent the recommendation of any person qualified pursuant to the Constitution and law for the office of office-bearer. 5. Procedure to be Adopted when Recommending for Appointment: (1) When recommending a person for appointment to the office of any office-bearer of a constitutional body, the Council shall clearly mention the reason and basis of the qualification and suitability mentioned in the Constitution and prevailing law for being appointed to such office.

(2) When recommending a person for appointment pursuant to sub-section (1), the Council shall take into consideration his/her social prestige, high moral character, honesty, public sentiment towards him/her, and his/her previous service and professional experience. 6. Procedure Relating to Meetings of the Council: (1) A meeting of the Council shall be held on such date, time and place as determined by the Chairperson as required.

(2) The Secretary shall, in accordance with the direction of the Chairperson, send a notice containing the date, time and place of the meeting of the Council and the agenda for discussion to the Members at least forty-eight hours before the meeting.
Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2010

Provided that, if any Member feels that it is necessary to discuss any matter not included in the agenda, such Member may, with the permission of the Chairperson, propose it in the meeting.

(3) The presence of the Chairperson and amended by the Act Amending Some Nepal Acts, 2072. at least four other Members shall constitute a quorum for a meeting of the Council.

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

(5) The decision on each matter presented in the meeting shall be made on the basis of consensus.

(6) Sub-section (6) of Section 6 was removed, sub-section (7) amended and sub-section 7(A) added by the Constitutional Council (Work, Duties, Powers and Procedure) (First Amendment) Ordinance, 2077, and by the Act Repealing Some Ordinances and Replacing the Ordinance Made to Revive the Previous Provision of Nepal Acts, 2077, the provision in effect before the amendment has automatically revived with effect from 2077/1/12. If consensus cannot be reached pursuant to sub-section (5), no decision may be made on that matter.

(7) Sub-section (6) of Section 6 was removed, sub-section (7) amended and sub-section 7(A) added by the Constitutional Council (Work, Duties, Powers and Procedure) (First Amendment) Ordinance, 2077, and by the Act Repealing Some Ordinances and Replacing the Ordinance Made to Revive the Previous Provision of Nepal Acts, 2077, the provision in effect before the amendment has automatically revived with effect from 2077/1/12. On a matter on which no decision could be made pursuant to sub-section (6), the Chairperson shall cause another meeting to be called again, and a decision on that matter shall be made by consensus of such meeting. Provided that, if a decision cannot be made by consensus even in such meeting, the decision shall be made by a majority of all Members of the Council.

(8) The Secretary shall prepare a record of the decision made by the Council and have it signed by the Chairperson and Members.

(9) Other procedures relating to meetings of the Council shall be determined by the Council itself as required. 7.
Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2010

7. To Send in Writing for Parliamentary Hearing: (1) If the Council recommends for the appointment of any office-bearer, the Secretary shall send such recommendation in writing to the Federal Parliament Secretariat amended by the Act Amending Some Nepal Acts, 2075. for parliamentary hearing.

(2) Upon sending in writing pursuant to sub-section (1), if a person is communicated in writing by the Federal Parliament Secretariat amended by the Act Amending Some Nepal Acts, 2075. that there is no impediment to making the appointment, the Secretary shall, in accordance with the decision of the Council, send in writing to the Office of the President to submit to the President for appointment. 8. Secretariat of the Council: The work of the Secretariat of the Council shall be performed by the Office of the Prime Minister and Council of Ministers. 9. Information to be Given of Office-bearer No Longer in Office: (1) If any office-bearer of any constitutional body ceases to be in office in any manner, the concerned constitutional body shall, within seven days from the date such person ceases to be in such office, send the details thereof in writing to the Secretariat, and also give information thereof to the concerned Ministry.

(2) After receiving the information pursuant to sub-section (1) at the Secretariat, the Secretary shall, as soon as possible, inform the Chairperson about the same. 10. Work, Duties and Powers of the Secretary: (1) In addition to the work, duties and powers mentioned elsewhere in this Act, the other work, duties and powers of the Secretary shall be as follows:-

(a) To call meetings of the Council in accordance with the direction of the Chairperson,

(b) To implement or cause to implement the decisions made by the Council,

(c) To arrange to keep the records maintained in the Secretariat updated, systematic and secure,

(d) To monitor, control, supervise and coordinate the work to be performed by the Secretariat, and to divide work among the employees of the Secretariat and assign them work,

(e) To certify the records kept in the Council,

(f) To contact and coordinate with various bodies of the Government of Nepal as well as other bodies as required.

(2) The other work, duties and powers of the Secretary, except as mentioned in sub-section (1), shall be as determined by the Council. 11. Provision of Budget and Employees for the Secretariat: (1) The budget required for the Secretariat shall be released by the Ministry of Finance in the name of the Office of the Prime Minister and Council of Ministers.

(2) The provision of employees required for the Secretariat shall be made by the Office of the Prime Minister and Council of Ministers. 12.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Act on Remuneration, Conditions of Service and Facilities of the Functionaries of Constitutional Bodies, 2053 (1996)

Royal Seal and Date of Publication
2053.9.17 (1996)

Amending Acts

1. Some Nepal Laws Amendment Act, 2063 (2006) 2063.6.28
2. Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2063 (2006) 2063.7.17
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.7
4. Act Made to Amend Some Nepal Acts Relating to Remuneration of the Chairperson and Members of the National Human Rights Commission, 2072 (2015) 2072.1.12
5. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13

Act No. 16 of the year 2053 (1996)



Act Made to Provide for Remuneration, Conditions of Service and Facilities of the Functionaries of Constitutional Bodies

Preamble: Whereas it is desirable to make provisions relating to remuneration, conditions of service and facilities of the functionaries of constitutional bodies,

Parliament has enacted this Act in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Act on Remuneration, Conditions of Service and Facilities of the Functionaries of Constitutional Bodies, 2053 (1996)."

(2) This Act, with respect to Sub-section (1) of Section 3, shall be deemed to have come into force from Shrawan 1, 2052 (July 16, 1995), and other Sections shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

Amended by Some Nepal Acts Amendment Act, 2072.(a) "Functionary of a Constitutional Body" means the Chief Functionary and Functionary of a Constitutional Body appointed pursuant to the Constitution of Nepal. Amended by Some Nepal Acts Amendment Act, 2072.(b) "Chief Functionary" means the Chief Commissioner of the Commission for the Investigation of Abuse of Authority, the Auditor General, the Chairperson of the Public Service Commission, the Chief Election Commissioner of the Election Commission, the Chairperson of the National Human Rights Commission, the Chairperson of the National Natural Resources and Finance Commission, the Chairperson of the National Women Commission, the Chairperson of the National Dalit Commission, the Chairperson of the National Inclusion Commission, the Chairperson of the Indigenous Nationalities Commission, the Chairperson of the Madhesi Commission, the Chairperson of the Tharu Commission, and the Chairperson of the Muslim Commission, appointed pursuant to the Constitution of Nepal.