chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Foreign Investment and Technology Transfer Act, 2019

20. Right to Repatriate Investment and Earned Amount: (1) A foreign investor may, if it so desires, sell its investment shares or the industry in whole or in part pursuant to the prevailing Nepal law, pay all taxes leviable pursuant to the prevailing Nepal law, and repatriate its investment from Nepal.

(2) A foreign investor may, in the same foreign currency in which it made the investment or in other convertible foreign currency with the approval of Nepal Rastra Bank, after fulfilling the tax liability pursuant to the prevailing law, repatriate the following amounts:-

(a) Amount received from the sale of shares of foreign investment,

(b) Amount equivalent to profit or dividend received from foreign investment,

(c) Amount remaining after settling all liabilities following the dissolution or liquidation of the industry or company,

(d) Amount received as benefit (royalty) under the technology transfer agreement,

Provided that, in the case of royalty or fee for the use of trademark under technology transfer in liquor industries other than distilleries exporting one hundred percent liquor, such benefit amount shall not exceed the prescribed five percent of the total sales price excluding prevailing tax.

(e) Lease rent amount under lease investment,

(f) Amount received as compensation or damages from the final settlement of any lawsuit, arbitration or other legal process in Nepal.

(g) Amount that may be repatriated pursuant to the prevailing law.
Foreign Investment and Technology Transfer Act, 2019

Inserted by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(h) Amount from the sale of units of a specialized investment fund,

Inserted by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(i) Profit received from units of a specialized investment fund.

(3) While repatriating amounts in convertible foreign currency pursuant to Sub-section (1) or (2), it shall be exchanged at the prevailing exchange rate.

(4) Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.If a foreign financial institution pursuant to Section 12 has lent to any industry or company by taking movable or immovable property of Nepal as collateral or mortgage, and if such mortgaged or collateralized movable or immovable property has to be auctioned or foreclosed due to non-payment of principal or interest of such loan, such lending institution may, pursuant to the prevailing law, auction it like a bank or financial institution in Nepal and repatriate the principal and interest of the loan.

(5) If a lease agreement is terminated due to non-payment under the lease agreement or breach of terms thereof, the foreign investor may repatriate its investment and the property invested under the lease.

(6) A foreign investor desiring to repatriate foreign investment or amounts earned therefrom under this section shall submit an application to the foreign investment approving authority in the prescribed format for approval. Provided that, if the Government of Nepal, by a notice published in the Nepal Gazette, confers the authority to grant approval for repatriation of foreign investment or amounts earned therefrom to the Single Point Service Center, such application shall be submitted to the Single Point Service Center.
Foreign Investment and Technology Transfer Act, 2019

Provided that, if the Government of Nepal, by a notice published in the Nepal Gazette, confers the authority to grant approval for repatriation of foreign investment or amounts earned therefrom to the Single Point Service Center, such application shall be submitted to the Single Point Service Center. Inserted by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(6A) A foreign investor desiring to repatriate amounts pursuant to clause (h) or (i) of Sub-section (2) shall submit an application to the Nepal Securities Board for approval.

(7) Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.Upon examining the application received pursuant to Sub-section (6) or (6A), if it appears that the foreign investor has fulfilled the terms and conditions and obligations under this Act, the prevailing law and the agreement made regarding foreign investment, the foreign investment approving authority shall grant approval for repatriation of foreign investment or amounts earned therefrom within Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.seven days from the date of receipt of the application.

(8) After obtaining approval pursuant to Sub-section (7), the foreign investor may submit an application to Nepal Rastra Bank for foreign exchange facility.

(9) Upon receipt of an application pursuant to Sub-section (8), Nepal Rastra Bank shall provide the foreign investor with exchange facility for repatriation of foreign investment.

(10) If any industry with foreign investment is sold in whole or in part, or if the registration of the industry or company is cancelled for any reason and the investment amount is to be repatriated, the remaining amount shall be allowed to be repatriated only after all liabilities including tax payable by such industry are paid or settled.

(11) Notwithstanding anything contained elsewhere in this section, while repatriating foreign investment made in any industry under this Act or profits earned therefrom, the foreign investor may repatriate such investment or profit only to the extent of the proportion of its share of investment in the concerned company.

(12) If any foreign investor is not satisfied with the decision made by the approving authority regarding repatriation of its investment amount, it may submit an application to the Ministry. The Ministry shall decide on such application within Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.fifteen working days. Chapter-4
Promotion, Facilitation and Regulation of Foreign Investment

21.
Foreign Investment and Technology Transfer Act, 2019

The Ministry shall decide on such application within Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.fifteen working days. Chapter-4
Promotion, Facilitation and Regulation of Foreign Investment

21. Functions, Duties and Powers of the Board: In addition to the functions, duties and powers written elsewhere in this Act, other functions, duties and powers of the Board shall be as follows:-

(a) To advise the Government of Nepal on policy, institutional and procedural reforms to be adopted to attract foreign investment in industrial and infrastructure development,

(b) To formulate necessary strategies and programs to increase the attraction of foreign investment in Nepal and to promote and protect it,

(c) To grant approval for the establishment of foreign investment-based industries and infrastructure and to promote foreign investment,

(d) To facilitate foreign investment by enhancing, expanding and protecting foreign investment,

(e) To maintain coordination at the policy and implementation level of foreign investment,

(f) To assist in the implementation of policies and laws relating to foreign investment,

(g) To make arrangements for providing services to foreign investors from the Single Point Service Center,

(h) To take information on whether the work of approval and service delivery of foreign investment is conducted properly or not and give necessary directions to the concerned authority,

(i) In relation to repatriation of foreign investment or earned amounts under Section 20, or if any problem arises in the implementation of this Act or rules made under this Act, to do or cause to be done such other works as prescribed,

(j) To do or cause to be done other works as prescribed. 22.
Foreign Investment and Technology Transfer Act, 2019

22. Functions, Duties and Powers of the Department: In addition to the functions, duties and powers written elsewhere in this Act, other functions, duties and powers of the Department shall be as follows:-

(a) To create a conducive environment for the establishment and operation of industries to be established with foreign investment,

(b) To facilitate foreign investors to obtain any approval or license including initial environmental examination, environmental impact assessment pursuant to the prevailing law,

(c) To maintain an updated record, update and periodically publish details of foreign investment and technology transferred to Nepal approved or permitted under this Act or the prevailing law,

(d) To grant approval for repatriation of investment and remuneration to foreign experts, technicians or managerial staff working pursuant to Section 27 in the industry of foreign investors and with foreign investment,

(e) To formulate and implement Standard Operating Procedures to make foreign investment transparent and procedural simplification,

(f) To recommend visa for foreign investors and their authorized representatives and foreign experts, technicians or managerial staff working pursuant to Section 27 in industries with foreign investment and the family members Omitted by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. of such persons, and to facilitate the same,

(g) To regularly supervise and monitor whether industries with foreign investment have misused the facilities provided under this Act or not,

(h) To facilitate the establishment of industries in industrial areas or special economic zones for industries with foreign investment,

(i) To do or cause to be done other works as prescribed. 23.
Foreign Investment and Technology Transfer Act, 2019

23. Services to be Provided through Single Point Service Center: (1) The Government of Nepal may make necessary arrangements to provide exemptions, facilities, concessions or services to be provided to foreign investors under this Act and other prevailing laws through the Single Point Service Center.

(2) While managing services to be provided through the Single Point Service Center pursuant to Sub-section (1), necessary arrangements shall be made to provide the following services sequentially:-

(a) Industry registration and industry administration,

(b) Approval of foreign investment and loans,

(c) Company registration and company administration,

(d) Work permit,

(e) Visa facility,

(f) Quality measurement and control of goods produced by the industry,

(g) Approval of environmental study report,

(h) Energy and infrastructure development and necessary coordination and focal point among other agencies,

(i) Exemptions and facilities receivable by the industry,

(j) Work of providing Permanent Account Number,

(k) Foreign exchange approval,

(l) Any service related to other work to be done for industries under this Act and the Rules made under this Act.

(3) In addition to the service facilities provided under this section, the Single Point Service Center may be prescribed to provide other services under the prevailing law. Chapter-5
Exemptions, Facilities and Concessions to be Provided to Industries with Foreign Investment or Foreign Investors

24. Facilities to be Received by the Industry: (1) In addition to the exemptions, facilities, concessions or protection under this Act, industries with foreign investment shall also be provided exemptions, facilities or concessions available under the prevailing Industrial Business Act and other prevailing laws.

(2) Notwithstanding anything contained in Sub-section (1), industries with foreign investment shall not be entitled to the facilities available to sick industries under the prevailing law. 25. Facility for Foreign Currency Transactions: (1) A foreign investor or an industry with foreign investment may open and transact an account in Nepali currency in any commercial bank or infrastructure development bank or financial institution in Nepal, and in convertible foreign currency in any bank or financial institution licensed to transact convertible foreign currency pursuant to the prevailing law. Provided that, approval of Nepal Rastra Bank shall be obtained to open and transact an account in convertible foreign currency.

(2) An industry with foreign investment may use approved derivative instruments through a bank or financial institution to mitigate the risk of fluctuation in the exchange rate of convertible foreign currency. 26.
Foreign Investment and Technology Transfer Act, 2019

26. Foreign Currency Facility: (1) An industry with foreign investment may, on the recommendation of the foreign investment approving authority and with the approval of Nepal Rastra Bank, obtain facility of foreign currency for the amount required for the following purposes:-

Inserted by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(1A) Notwithstanding anything contained in Sub-section (1), if the procedure under Section 20 has been completed, the recommendation of the foreign investment approving authority shall not be required for repatriation of foreign investment under clause (g) of Sub-section (2).

(a) To pay remuneration payable to foreign experts, technicians or managerial staff employed in the industry pursuant to Section 27,

(b) To pay principal or interest of debentures or debentures issued pursuant to Sub-section (1) of Section 11,

(c) To repatriate foreign investment or earned amounts pursuant to Section 20.

(2) After approval from Nepal Rastra Bank pursuant to Sub-section (1), the industry with foreign investment may pay or use the approved amount from the foreign currency in its account pursuant to Section 25.

(3) A foreign expert, technician or managerial staff employed in the industry pursuant to Section 27 may, after depositing income tax in Nepal pursuant to the prevailing law, carry the savings from the remuneration amount receivable by him/her to his/her country in convertible foreign currency.

(4) When exchanging or carrying convertible foreign currency pursuant to Sub-section (2) or (3), it shall be done at the open market exchange rate. 27. Provisions relating to Expert, High Technical and Managerial Employees: (1) While filling positions of experts, high technical, managerial employees or technical employees in the top management of an industry with foreign investment, Nepali citizens shall be employed.

(2) Notwithstanding anything contained in Sub-section (1), if it is not possible to fill the positions of experts, high technical, managerial employees or technical employees in the top management of the industry by Nepali citizens, and if technical knowledge or skills need to be transferred through technical experts of other countries in such industry, foreign nationals may be employed pursuant to the prevailing law.

(3) The concerned industry shall provide the details of the foreign national employed pursuant to Sub-section (2) to the Department. The Department shall also provide such details to the Ministry of Finance, Ministry of Home Affairs and Ministry of Labour, Employment and Social Security.

(4) Employees and workers employed in an industry with foreign investment pursuant to Sub-section (2) shall comply with the conditions under the prevailing Nepal law. 28. Provisions relating to Industrial Security: Industries with foreign investment shall be provided industrial security equivalent to other industries established in Nepal. 29.
Foreign Investment and Technology Transfer Act, 2019

28. Provisions relating to Industrial Security: Industries with foreign investment shall be provided industrial security equivalent to other industries established in Nepal. 29. Facility of Identity Card: The Department may provide an identity card in the prescribed format to a foreign investor making foreign investment as prescribed. 30. Provisions relating to Visa Facility: (1) A foreign national coming for study, research or survey for foreign investment shall be granted a non-tourist visa for up to six months.

(2) A foreign investor or his/her one authorized representative and the family members of such investor or representative shall be granted a business visa to stay in Nepal as long as the foreign investment of an amount equivalent to the prescribed minimum amount is maintained. Explanation: For the purpose of this section, "family member" means the husband or wife, parents and minor children of the foreign investor or his/her authorized representative.

(3) Notwithstanding anything contained in Sub-section (2), in the case of an investor making an investment exceeding the prescribed amount, such facility shall be provided to a maximum of two persons and their family members only.

(4) A foreign investor making foreign investment of more than one million US dollars or equivalent convertible foreign currency at a time, or his/her authorized representative, and family members of such person shall be granted a residential visa for as long as the foreign investment of an amount equivalent to the prescribed minimum amount is maintained.

(5) A foreign expert, technician or managerial employee coming to work in an industry pursuant to Section 27 and his/her family shall be granted a non-tourist visa.

(6) The authority issuing work agreement and work permit for non-tourist visa shall complete the necessary procedure and decide on whether to issue the work agreement and work permit or not within fifteen days.

(7) Other provisions relating to visa facility shall be as prescribed. 31. Provisions relating to Land: (1) A foreign investor shall arrange land required for the industry by purchasing it himself/herself or by other means pursuant to the prevailing law.

(2) Notwithstanding anything contained in Sub-section (1), if a foreign investor is unable to purchase or arrange necessary land himself/herself for operating an industry as prescribed, and requests to purchase or arrange land stating the details thereof, the foreign investment approving authority shall make necessary recommendation, coordination and facilitation for that purpose.

(3) If an industry operated or to be operated with foreign investment requires land exceeding the ceiling limit for establishment and operation of the industry, the industry registering authority shall make necessary recommendation, coordination and facilitation subject to the prevailing law.
Foreign Investment and Technology Transfer Act, 2019

The land purchased shall be used only for the purpose for which it was purchased.

(4) Other provisions relating to providing land on lease and land ceiling limit for

40. Settlement of Disputes: (1) If any dispute arises between a Nepali investor and a foreign investor in relation to foreign investment, the Department may make necessary facilitation to resolve such dispute through mutual discussion or negotiation between the concerned parties.

(2) If the dispute cannot be resolved through the process pursuant to Sub-section (1) within forty-five days of the arising of the dispute, and if there is a joint investment or dispute resolution agreement between the parties to the dispute for resolving such dispute, the dispute shall be settled in accordance with such agreement.

(3) The parties shall provide information about the settlement of the dispute pursuant to Sub-section (2) to the body approving the foreign investment within fifteen days of such settlement of the dispute. Provided that the parties shall not be compelled to provide information about the terms and conditions on which such agreement was made.

(4) If there is no provision regarding dispute resolution in the agreement made between the parties pursuant to Sub-section (2), such dispute shall be settled by arbitration in accordance with the law relating to arbitration in Nepal.

(5) Unless the parties to the dispute otherwise agree on the settlement of a dispute arising in relation to any foreign investment, the arbitration shall be conducted in accordance with the prevailing rules or procedures of the United Nations Commission on International Trade Law (UNCITRAL).

(6) Arbitration conducted pursuant to this Section shall be held in Nepal and the substantive law of Nepal relating to arbitration shall apply. Provided that in the situation pursuant to Sub-section (2), it shall be in accordance with that same sub-section.

(7) If there is no agreement regarding dispute resolution prior to the dispute between the parties, or if the existing agreement is felt to be insufficient, the concerned parties may make an agreement for the settlement of the dispute even after the dispute has arisen. Information of the agreement made in this manner

shall be provided to the body registering the industry.

(8) Even in the case of an agreement made pursuant to Sub-section (7), the dispute may be settled in accordance with this Section. 41. Use of Electronic Means: The body approving foreign investment may carry out the approval for foreign investment and other related work and proceedings pursuant to this Act through an electronic medium recognized in accordance with the prevailing law on electronic transactions. 42.
Foreign Investment and Technology Transfer Act, 2019

41. Use of Electronic Means: The body approving foreign investment may carry out the approval for foreign investment and other related work and proceedings pursuant to this Act through an electronic medium recognized in accordance with the prevailing law on electronic transactions. 42. Provision regarding Automatic Approval Process: (1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, provide services such as company registration, industry registration, foreign investment approval, etc., through an automatic route in accordance with this Act and the prevailing law to simplify and facilitate the foreign investment process.

(2) The automatic route pursuant to Sub-section (1) and other arrangements related to the electronic system (online system) shall be as prescribed. 43. Validity Period of Foreign Investment Approval: (1) The approval of foreign investment granted by the body approving foreign investment shall remain valid for the period such investment continues to exist in Nepal.

(2) Notwithstanding anything contained in Sub-section (1), such approval shall be deemed to have automatically become inactive in the following circumstances:

(a) If the investment amount is not commenced to be brought into Nepal within two years from the date of foreign investment approval without any reasonable cause,

(b) If, as a result of the sale and distribution of shares of an industry registered with foreign investment approval, one hundred percent ownership of the industry with such foreign investment is transferred to a Nepali investor,

(c) If the registration of the industry with foreign investment approval or the company establishing such industry is cancelled for any reason,

(3) Other provisions relating to the validity period of foreign investment approval shall be as prescribed. 44. Conditions to be Fulfilled: In addition to those written in this Act, the foreign investor shall fulfill the conditions as prescribed. 45. Production through Contracting: Amended by the Act to Amend Some Nepal Acts relating to Investment Facilitation, 2081. (1) An industry with foreign investment may produce or cause to be produced goods or services by entering into a contract or sub-contract with other industries having similar objectives.

(2) Other provisions relating to production through contracting shall be as prescribed. 46. Power of Attorney may be Given: (1) A person wishing to make a foreign investment pursuant to this Act may grant a power of attorney to any person to carry out any, some, or all of the work and proceedings required to be done by him/her.
Foreign Investment and Technology Transfer Act, 2019

46. Power of Attorney may be Given: (1) A person wishing to make a foreign investment pursuant to this Act may grant a power of attorney to any person to carry out any, some, or all of the work and proceedings required to be done by him/her. All works and proceedings carried out by the person receiving the power of attorney in accordance with the power of attorney shall be Amended by the Act to Amend Some Acts relating to Money Laundering Prevention and Business Environment Promotion, 2080. deemed to have been done by the person granting the power of attorney.

(2) To work in accordance with the power of attorney given pursuant to Sub-section (1), such power of attorney must be notarized and submitted to the body approving foreign investment. The body approving foreign investment may, if deemed necessary, inspect the original of such power of attorney.

(3) The person receiving the power of attorney pursuant to Sub-section (1) shall not delegate the authority received by him/her to another person.

(4) The person granting the power of attorney may revoke the power of attorney given by him/her at any time. The information of such revocation of the power of attorney shall not be valid from the date it is registered by the person granting the power of attorney with the body approving foreign investment.

(5) Other provisions relating to granting a power of attorney shall be as prescribed. 47. Delegation of Powers: The Board or the Department may, as necessary, delegate some of the powers conferred on it pursuant to this Act or the rules made under this Act to any body or officer of the Government of Nepal. 48. Foreign Investment in Industries Registered in Province: (1) If foreign investment or technology transfer needs to be made pursuant to this Act in any industry registered by the Provincial Government under prevailing federal or provincial law, approval from the Department must be obtained pursuant to this Act.

(2) While obtaining approval pursuant to Sub-section (1), in addition to other things, a certificate of the industry registration in the Province shall be Omitted by the Act to Amend Some Nepal Acts relating to Improving Economic and Business Environment and Enhancing Investment, 2081. submitted.

(3) Other provisions relating to foreign investment in industries registered in Provinces shall be as prescribed. 49. To be in Accordance with Prevailing Law: Matters written in this Act shall be regulated by this Act itself, and other matters shall be regulated by the prevailing Act relating to industrial business and other prevailing laws. 50.
Foreign Investment and Technology Transfer Act, 2019

49. To be in Accordance with Prevailing Law: Matters written in this Act shall be regulated by this Act itself, and other matters shall be regulated by the prevailing Act relating to industrial business and other prevailing laws. 50. Modification or Addition or Subtraction in Schedule: The Government of Nepal may, by publishing a notice in the Nepal Gazette, make necessary modifications or additions or subtractions in the Schedule. 51. Power to Make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 52. Guidelines, Procedures or Standards may be Formulated and Implemented: The Government of Nepal may formulate and implement necessary guidelines, procedures, or standards without adversely affecting the generality of this Act and the regulations made under this Act. 53. Repeal and Saving: (1) The Foreign Investment and Technology Transfer Act, 2049 is hereby repealed.

(2) Works and proceedings carried out under the Foreign Investment and Technology Transfer Act, 2049 shall be deemed to have been carried out under this Act. Schedule
(Relating to Sub-section (2) of Section 3)

Industries or Businesses not Open for Foreign Investment

Amended by notice published in the Nepal Gazette dated 2077.09.20.1. Large industries, other than those in the field of animal husbandry, fish farming, beekeeping, fruits, vegetables, oilseeds, pulses, dairy business, and primary agricultural production, Amended by the Act to Amend Some Nepal Acts relating to Improving Economic and Business Environment and Enhancing Investment, 2081. and excluding agricultural technology and mechanization, relating to livestock, fish farming, beekeeping, fruits, vegetables, oilseeds, pulses, dairy business and primary agricultural production, where at least seventy-five percent of the production is exported,

2. Micro and cottage enterprises,

3. Personal service businesses (such as: hair cutting, tailoring, driving, etc.),

4. Industries producing arms, ammunition, explosives, gunpowder or explosive substances and Nuclear, Biological and Chemical (N.B.C.) weapons, industries producing atomic energy, radioactive materials,

5. Real estate purchase and sale business (excluding construction industry), retail trade, internal courier service, local catering service, money changer, remittance service,

6. Travel agencies involved in tourism, tourist guides, trekking and mountaineering guides, rural tourism including homestays,

7. Businesses of mass communication media (newspapers, radio, television and online news), national language film business,

8. Management, accounting, engineering, legal advisory services and language training, music training, computer training, and

9. Consultancy services with more than fifty-one percent foreign investment. Added by the Act to Amend Some Nepal Acts relating to Investment Facilitation, 2081.10. Ride-sharing with more than seventy percent foreign investment. Added by the Act to Amend Some Nepal Acts relating to Improving Economic and Business Environment and Enhancing Investment, 2081.11.
Nepal Academy Act, 2007

Nepal Pragya Pratishthan Act, 2064

Certification and Publication Date
2064.05.31

Amending Act

1. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 21 of the year 2064 made by the Legislature-Parliament

An Act made to provide for amendments and consolidation in the laws relating to Nepal Pragya Pratishthan

Preamble: Whereas, Nepal being a multi-ethnic, multi-lingual and multi-cultural country, realizing the need to preserve, promote and develop all languages, literature and culture of Nepal, it is desirable to make timely amendments and consolidation in the prevailing legal provisions relating to the Pragya Pratishthan in order to make necessary provisions regarding the preparation and causing preparation of socially useful works through research and original creation in language, literature, culture, philosophy and social sciences, and the honor and appreciation of scholars and talents in this field,

Now, therefore, the Legislature-Parliament has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Nepal Pragya Pratishthan Act, 2064".
(2) This Act shall come into force immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act,-
(a) "Pragya Pratishthan" means the Nepal Pragya Pratishthan established pursuant to Section 3.
(b) "Assembly" means the Academic Assembly pursuant to Section 7.
(c) "Council" means the Academic Council pursuant to Section 11.
(d) "Chancellor" means the Chancellor of the Pragya Pratishthan.
(e) "Vice-Chancellor" means the Vice-Chancellor of the Pragya Pratishthan.
(f) "Secretary" means the Secretary of the Pragya Pratishthan.
(g) "Office-Bearer" means the Chancellor, Vice-Chancellor, Secretary and nominated members of the Council.
(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2

Establishment of Pragya Pratishthan and its Functions, Duties and Powers

3. Establishment of Pragya Pratishthan: (1) There is established a Pragya Pratishthan named "Nepal Pragya Pratishthan" for the preservation, promotion and development of all languages, literature, culture and philosophy of Nepal, among other works.
(2) The central office of the Pragya Pratishthan shall be in Kathmandu Valley, and it may open branches in various places of Nepal as required. 4. Pragya Pratishthan to be an Autonomous Institution: (1) The Pragya Pratishthan shall be an autonomous institution with perpetual succession.
(2) The Pragya Pratishthan shall have its own separate seal for all its acts and proceedings.
(3) The Pragya Pratishthan may acquire, use, sell or otherwise dispose of movable and immovable property in the same manner as a person.
(4) The Pragya Pratishthan may sue and be sued in its own name in the same manner as a person.
(5) The Pragya Pratishthan may enter into contracts and exercise the rights and perform the obligations arising from such contracts in the same manner as a person. 5.
Nepal Academy Act, 2007

5. Functions, Duties and Powers of the Pragya Pratishthan: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Pragya Pratishthan shall be as follows:-
(a) to formulate policies and programs of the Pragya Pratishthan,
(b) to conduct study and research on various subjects relating to all languages, literature, culture, philosophy and social sciences of Nepal and to prepare or cause to prepare useful books and works,
(c) to create or cause to create and publish original and research works on various subjects relating to all languages, literature, culture, philosophy and social sciences of Nepal,
(d) to translate and publish or cause to translate and publish high quality works from foreign languages into all languages of Nepal and from languages of Nepal into foreign languages, as required,
(e) to organize or cause to organize national and international seminars, conferences, exhibitions, etc. relating to languages, literature, culture, philosophy and social sciences,
(f) to participate or cause to participate in international conferences, lectures, seminars, discussions, exhibitions, etc. on various subjects of languages, literature, culture, philosophy and social sciences,
(g) to establish relations with international organizations related to various fields of languages, literature, culture, philosophy and social sciences,
(h) to make arrangements for appreciation, honor and award to domestic and foreign persons who have made significant contributions in various subjects of languages, literature, culture, philosophy and social sciences,
(i) to enhance cooperation, goodwill and coordination for creating an environment conducive to the development of talents of scholars, writers and social scientists in related subjects for the development of languages, literature, culture, philosophy and social sciences,
(j) to promote and preserve the literature, scripts, culture and proverbs of various castes and communities of Nepal,
(k) to study, research, promote and preserve Nepali folk literature,
(l) to prepare and publish encyclopedias and dictionaries in all languages of Nepal, various foreign languages and languages spoken in Nepal, and to create and bring into circulation various words and terminologies to enrich and glorify all languages of Nepal,
(m) to support the development of local writers, litterateurs, social scientists, cultural experts and other related institutions contributing to the subjects of language, literature, culture, philosophy and social sciences,
(n) to make arrangements for scholarships for study and research on all languages, literature, culture, philosophy and social sciences of Nepal,
(o) to introduce all languages and literature of Nepal to the world literature,
(p) to give priority to the preservation and promotion of endangered languages and cultures of various castes and ethnic groups of Nepal,
(q) to perform or cause to perform other necessary activities to fulfill the objectives of this Act. Chapter-3

Organization of the Pragya Pratishthan

6.
Nepal Academy Act, 2007

Chapter-3

Organization of the Pragya Pratishthan

6. Organization of the Pragya Pratishthan: The organization of the Pragya Pratishthan shall be as follows, and their collective form shall constitute the body of the Pragya Pratishthan:-
(a) Assembly,
(b) Council, and
(c) Service Commission. 7. Assembly: (1) There shall be an Academic Assembly as the supreme body of the Pragya Pratishthan.
(2) The composition of the Assembly shall be as follows:-
(a) Chancellor – Chairperson
(b) Vice-Chancellor – Vice-Chairperson
(c) Secretary, Ministry of Culture, Tourism and Civil Aviation – Member
(d) Thirty-five persons nominated by the Prime Minister from among distinguished persons related to all languages, literature, culture, philosophy and social sciences of Nepal, ensuring inclusive representation including appropriate representation of women – Members
(e) Secretary – Member-Secretary
(3) The term of office of the members nominated pursuant to sub-section (2) shall be four years.
(4) If, for any reason, the office of a nominated member of the Assembly falls vacant, another person shall be nominated from the same genre or field from which such member was nominated, for the remaining term.
(5) The facilities of the members of the Assembly shall be as prescribed. 8. Recommendation Committee: (1) There shall be a Recommendation Committee as follows to recommend names to the Prime Minister for the appointment or nomination of office-bearers and members to be nominated to the Assembly:-
(a) Minister for Culture, Tourism and Civil Aviation – Chairperson
(b) Two persons designated by the Prime Minister from among renowned persons in the field of language, literature, culture and philosophy – Members
(2) While recommending names for nomination as members of the Assembly, the Committee pursuant to sub-section (1) shall recommend names from among persons who have studied and researched in subjects related to language, literature, culture, philosophy and social sciences or who are renowned in that field, ensuring as far as possible representation from all genres related to language, literature, culture, philosophy and social sciences and covering all castes, genders, and language speakers.
(3) While recommending names for the appointment of office-bearers, the Committee pursuant to sub-section (1) shall recommend from among the nominated members of the Assembly.
(4) The procedure to be followed in relation to recommendations by the Committee pursuant to sub-section (1) shall be as determined by the Committee itself. 9.
Nepal Academy Act, 2007

9. Functions, Duties and Powers of the Assembly: The functions, duties and powers of the Assembly shall be as follows:-
(a) to determine the policy of the Pragya Pratishthan,
(b) to approve the annual plan and program of the Pragya Pratishthan,
(c) to pass the annual budget of the Pragya Pratishthan,
(d) to endorse scholarships, honors and awards,
(e) to give necessary directions and guidance to the Council,
(f) to monitor and evaluate the work of the Council,
(g) to approve rules of the Pragya Pratishthan,
(h) to perform such other functions as prescribed. 10. Meeting of the Assembly: (1) The meeting of the Assembly shall be held at least twice a year.
(2) The meeting of the Assembly shall be held on the date, time and place fixed by the Chairperson of the Assembly.
(3) The Member-Secretary of the Assembly shall give notice to all members inclusive of the agenda of subjects to be discussed in the meeting at least fifteen days prior to the meeting of the Assembly.
(4) If more than fifty percent of the members currently holding office are present in the Assembly, it shall be deemed to constitute a quorum for the meeting of the Assembly.
(5) The meeting of the Assembly shall be presided over by the Chairperson of the Assembly and, in his/her absence, by the Vice-Chairperson.
(6) In a meeting of the Assembly, the opinion of the majority shall prevail, and in case of a tie, the person presiding over the meeting shall give a casting vote.
(7) The decision of the meeting of the Assembly shall be certified and kept by the Member-Secretary of the Assembly.
(8) The Assembly may invite Honorary Academicians and Lifetime Members of the Pragya Pratishthan to participate in the meeting of the Assembly as observers.
(9) Other procedures relating to the meeting of the Assembly shall be as determined by the Assembly itself. 11. Formation of Council: (1) There shall be an Academic Council to function as the executive body of the Pragya Pratishthan.
(2) The composition of the Council shall be as follows:-
(a) Chancellor – Chairperson
(b) Vice-Chancellor – Vice-Chairperson
(c) Eight persons nominated by the Prime Minister from among the nominated members of the Assembly, including at least three women and ensuring as far as possible representation of different castes, ethnic groups and language speakers – Members
(d) Secretary – Member-Secretary
(3) If, for any reason, the office of a member pursuant to clause (c) of sub-section (2) falls vacant, another person shall be nominated from the same genre or field from which such member was nominated, for the remaining term. 12.
Nepal Academy Act, 2007

12. Functions, Duties and Powers of the Council: The functions, duties and powers of the Council shall be as follows:-
(a) to implement the decisions made by the Assembly,
(b) to follow the directions given by the Assembly,
(c) to submit the audit report to the Assembly,
(d) to discuss the annual program, budget, progress report and other reports submitted by the Secretary and, if necessary, amend them and submit them to the Assembly for approval,
(e) to manage, operate, preserve and take care of the movable and immovable property of the Pragya Pratishthan,
(f) to manage and operate the fund of the Pragya Pratishthan,
(g) to accept financial and other assistance received for the Pragya Pratishthan,
(h) to submit scholarships, honors, appreciations and awards to the Assembly for endorsement,
(i) to form committees, sub-committees or task forces as required in relation to the work and proceedings of the Council and to specify the functions, duties and powers of such committees, sub-committees or task forces,
(j) to perform such other functions as prescribed. 13. Meeting of the Council: (1) The meeting of the Council shall be held at least once in two months.
(2) The meeting of the Council shall be held on the date, time and place fixed by the Chairperson of the Council.
(3) The Member-Secretary of the Council shall give notice to all members inclusive of the agenda of subjects to be discussed in the meeting at least twenty-four hours prior to the meeting of the Council.
(4) If more than fifty percent of the members currently holding office are present in the Council, it shall be deemed to constitute a quorum for the meeting of the Council.
(5) The meeting of the Council shall be presided over by the Chairperson of the Council and, in his/her absence, by the Vice-Chairperson.
(6) In a meeting of the Council, the opinion of the majority shall prevail, and in case of a tie, the person presiding over the meeting shall give a casting vote.
(7) The decision of the meeting of the Council shall be certified and kept by the Member-Secretary of the Council.
(8) Other procedures relating to the meeting of the Council shall be as determined by the Council itself. Chapter-4

Chief Patron, Patron and Office-Bearers and Employees of the Pragya Pratishthan

14. Chief Patron: The Prime Minister shall be the Chief Patron of the Pragya Pratishthan. 15. Patron: The Minister for Culture, Tourism and Civil Aviation shall be the Patron of the Pragya Pratishthan. 16. Chancellor: (1) There shall be one Chancellor in the Pragya Pratishthan.
(2) The Chancellor shall be the chief office-bearer of the Pragya Pratishthan. 17.
Nepal Academy Act, 2007

15. Patron: The Minister for Culture, Tourism and Civil Aviation shall be the Patron of the Pragya Pratishthan. 16. Chancellor: (1) There shall be one Chancellor in the Pragya Pratishthan.
(2) The Chancellor shall be the chief office-bearer of the Pragya Pratishthan. 17. Functions, Duties and Powers of the Chancellor: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Chancellor shall be as follows:-
(a) to implement or cause to implement the directions given by the Assembly and the decisions made by the Council,
(b) to cause to prepare the annual program, budget, report and other reports of the Pragya Pratishthan,
(c) to exercise general control over the work, proceedings and personnel administration of the Pragya Pratishthan,
(d) to enter into contracts on behalf of the Pragya Pratishthan with the approval of the Council,
(e) to make necessary contacts with domestic and foreign organizations on matters relating to the work of the Pragya Pratishthan,
(f) to perform such other functions as prescribed. 18. Vice-Chancellor: There shall be one Vice-Chancellor in the Pragya Pratishthan. 19. Functions, Duties and Powers of the Vice-Chancellor: The functions, duties and powers of the Vice-Chancellor shall be as follows:-
(a) to assist the Chancellor in the implementation of directions given by the Assembly and decisions made by the Council,
(b) to perform all the functions performed by the Chancellor in his/her absence,
(c) to perform other functions under the direction of the Chancellor. 20. Secretary: (1) There shall be one Secretary in the Pragya Pratishthan.
(2) The functions, duties and powers of the Secretary shall be as prescribed. 21. Provisions Relating to Office-Bearers: (1) The Prime Minister shall, subject to this Act, appoint the office-bearers.
(2) The term of office of an office-bearer shall be four years.
(3) An office-bearer shall work full-time in the Pragya Pratishthan.
(4) The remuneration, terms of service and facilities of office-bearers shall be as prescribed. 22. Circumstances of Vacancy of Office: The office of an office-bearer or a member of the Assembly shall be deemed vacant in the following circumstances:-
(a) if his/her term of office expires,
(b) if he/she resigns,
(c) if his/her mental balance is not sound,
(d) if he/she is convicted by a court on a criminal charge involving moral turpitude,
(e) if he/she is removed from office under Section 23, or
(f) if he/she dies. 23.