chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Advertisement (Regulation) Act, 2019

18. Remuneration, Terms of Service, and Functions, Duties, and Powers of Chairperson: (1) The Chairperson shall be the executive head of the Board.
(2) The term of office of the Chairperson shall be four years.
(3) Notwithstanding anything contained in sub-section (2), if the Chairperson's work is not found satisfactory, or if they act against the interests of the Board, or if their conduct is bad, or if they are inactive without performing duties, the Government of Nepal may, at any time before the expiry of their term, remove them from office by stating the reasons.
(4) Before removing the Chairperson under sub-section (3), they shall be given a reasonable opportunity to submit a defense.
(5) The remuneration and other facilities of the Chairperson shall be as prescribed by the Government of Nepal.
(6) In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Chairperson shall be as follows:-
(a) to carry out the day-to-day administrative work of the Board,
(b) to prepare the agenda for Board meetings,
(c) to implement or cause to implement the decisions of the Board meetings,
(d) to prepare drafts of the Board's policies and programs,
(e) to expend the Board's budget, maintain accounts of expenditure, and arrange audits,
(f) to carry out personnel administration of the Board,
(g) to present the Board's annual budget and program,
(h) to perform other functions delegated by the Board. 19. Circumstances for Vacancy of Chairperson: The position of Chairperson shall become vacant in the following circumstances:-
(a) upon the expiry of their term of office,
(b) upon completion of sixty-five years of age,
(c) upon being convicted by a court for a criminal offense involving moral turpitude,
(d) upon resignation,
(e) upon death,
(f) upon removal by the Government of Nepal under sub-section (3) of Section 18. 20. Office and Employees of the Board: (1) The office of the Board shall be located in the Kathmandu Valley.
(2) The Ministry shall provide the employees required for the office of the Board. If the Ministry is unable to provide employees, the Board may employ employees on a service contract basis as prescribed.
(3) The remuneration and terms of service of employees employed on contract under sub-section (2) shall be as prescribed. Chapter-4
Board's Fund and Audit

21.
Advertisement (Regulation) Act, 2019

If the Ministry is unable to provide employees, the Board may employ employees on a service contract basis as prescribed.
(3) The remuneration and terms of service of employees employed on contract under sub-section (2) shall be as prescribed. Chapter-4
Board's Fund and Audit

21. Board's Fund: (1) The Board shall have a separate fund.
(2) The following amounts shall be deposited in the fund under sub-section (1):-
(a) amount received from the Government of Nepal,
(b) three percent of the total budget allocated by the Government of Nepal for distribution of advertisements through the Board,
 Provided that such amount shall not be deducted from the amount not spent on advertisement distribution.
(3) The amount of the Board's fund shall be deposited in an account opened in a commercial bank.
(4) All expenses of the Board shall be borne from the fund under sub-section (1).
(5) The amount saved in the fund at the end of each fiscal year, after expenditure for advertisements from the amount received for advertisements in the fund from the Government of Nepal or government bodies, may be expended by the Government of Nepal in accordance with the prevailing law.
(6) The operation of the Board's fund and account shall be as prescribed. 22. Audit of Fund: (1) The accounts of income and expenditure of the Board shall be maintained according to the accounting system adopted by the Government of Nepal.
(2) The audit of the Board's accounts shall be conducted by the Auditor General. Chapter-5
Regulation of Advertisements from Provincial and Local Level Communication Media

23. Monitoring and Regulation of Advertisements Made from Provincial Level Communication Media: (1) The monitoring and regulation of non-compliance with the standards under this Act and the prevailing law in advertisements made or done through print or electronic communication media operated with permission from the Provincial Government under the prevailing law shall be carried out by the Ministry responsible for information and communication matters as per the provincial law.
(2) For the purpose of sub-section (1), there shall be a Monitoring and Regulation Committee chaired by the Secretary of the Ministry responsible for information and communication matters in the concerned province. In addition to the Chairperson, the Monitoring and Regulation Committee shall have a maximum of six members as prescribed by the Provincial Government by publishing a notice in the Provincial Gazette, based on the principle of inclusiveness.
(3) While monitoring under sub-section (2), if it is found that someone has not complied with this Act or the rules or standards framed under this Act while advertising, the Committee shall issue an order to modify, stop, or remove such advertisement, stating the reasons.
Advertisement (Regulation) Act, 2019

It shall be the duty of the concerned party to comply with the order issued accordingly.
(4) A person who does not comply with the order under sub-section (3) or who advertises without complying with this Act or the rules or standards framed under this Act may be fined up to one hundred thousand rupees by the Committee under sub-section (2). If during monitoring, it is found that someone has committed an act constituting an offense under this Act while advertising, the Committee shall write to the relevant body to take action under this Act against such person.
(5) Other functions, duties, and powers of the Committee under sub-section (2) shall be as determined by the concerned Provincial Government, not contrary to this Act and the rules framed under this Act. 24. Monitoring and Regulation of Advertisements and Hoarding Boards from Local Level Communication Media: (1) The monitoring and regulation of non-compliance with the standards under this Act and the prevailing law in advertisements made or done through hoarding boards or print or electronic communication media operated at the local level with permission from the local level under the prevailing law shall be carried out by the concerned local level.
(2) For the purpose of sub-section (1), the local level shall make necessary legal arrangements.
(3) While monitoring under sub-section (1), if it is found that someone has not complied with this Act or the rules or standards framed under this Act while advertising, or has installed an unauthorized hoarding board, the local level shall issue an order to modify, stop, or remove such advertisement, stating the reasons. It shall be the duty of the concerned party to comply with the order issued accordingly.
(4) While monitoring under sub-section (1), a person advertising without complying with this Act or the rules or standards framed under this Act, or a person installing an unauthorized hoarding board or advertising on it, may be fined up to one hundred thousand rupees by order of the Judicial Committee of the local level. If during monitoring, it is found that someone has committed an act constituting an offense under this Act while advertising, the local level shall write to the relevant body to take action under this Act against such person.
(5) Other provisions relating to monitoring and regulation of advertisements and hoarding boards from local level communication media shall be as determined by the concerned local level, not contrary to this Act and the rules framed under this Act. Chapter-6
Offenses and Penalties

25.
Advertisement (Regulation) Act, 2019

Chapter-6
Offenses and Penalties

25. Offenses and Penalties: (1) If a person advertises contrary to sub-section (1) of Section 4, Section 5, 6, 7, 8, 9, 10, 11, or 12 of this Act, they shall be deemed to have committed an offense under this Act.
(2) If a person commits an offense contrary to sub-section (1) or (2) of Section 5, the person committing or causing to commit such offense shall, if the prevailing law provides for any penalty for that offense, be punished accordingly, and if not, shall be liable to imprisonment for up to one year and a fine of up to ten thousand rupees.
(3) If a person commits the following offenses, they shall be punished as follows:-
(a) for an offense under sub-section (1) of Section 4, a fine of up to one hundred thousand rupees to the person committing or causing to commit,
(b) for an offense under Section 6, a fine of up to five hundred thousand rupees to the person committing or causing to commit,
(c) for an offense under Section 7, 8, 9, 10, 11, or 12 of this Act, a fine of up to one hundred thousand rupees to the person committing or causing to commit.
(4) If any advertisement contrary to this Act is published, broadcast, or transmitted through a mass communication medium, the editor handling the editorial responsibility of such communication medium shall not be punished under this Act solely for that reason. Provided that there shall be no bar to punishing such editor under this section if they are also the operator of the mass communication medium. Chapter-7
Miscellaneous

Amended by Some Nepal Acts Amendment Act, 2082.26. Must be Registered: (1) Communication media and advertising agencies engaged in advertising transactions shall submit details as prescribed and get registered with the Board.
(2) Communication media engaged in advertising transactions existing at the time of commencement of this section shall get registered under sub-section (1) within one year from the date of commencement of this section.
(3) The classification of registered communication media and agencies shall be as prescribed. 27.
Advertisement (Regulation) Act, 2019

27. May Lodge Complaint: (1) If anyone is found to have advertised contrary to this Act or the rules or standards framed under this Act, any person may provide information thereof to the Board, the Committee under sub-section (2) of Section 23, or the local level.
(2) Based on the information received under sub-section (1), the Board, Committee, or local level shall, if it has the authority to take action itself, take action itself, and if it does not have jurisdiction, send it to the Board, Committee, or local level having authority for action.
(3) If the complainant has submitted the complaint mentioning their name and address, the concerned Board, Committee, or local level shall provide information of the action taken on the complaint received under sub-section (1) to such complainant. 28. Authority to Adjudicate: (1) A case punishable under the prevailing law pursuant to sub-section (2) of Section 25 shall be initiated, heard, and decided by the court specified in such law; and if a case has to be filed under this Act because there is no provision for punishment in such law, the concerned District Court shall have the authority to initiate, hear, and decide the case relating to such offense.
(2) The Judicial Committee of the concerned local level shall have the authority to initiate, hear, and decide the case relating to an offense punishable under clause (a) of sub-section (3) of Section 25.
(3) The Board shall have the authority to initiate, hear, and decide the case relating to an offense punishable under clauses (b) and (c) of sub-section (3) of Section 25. 29. Case to be Filed Under Prevailing Law: (1) In relation to a case punishable under sub-section (2) of Section 25, if an offense is committed under the prevailing law and that law provides for a specific party to file the case, the case shall be filed accordingly.
(2) In the case under sub-section (2) of Section 25, if a case is not filed under the prevailing law and has to be filed under this Act, the case shall be filed with the Government of Nepal as the plaintiff. Such case shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 30.
Advertisement (Regulation) Act, 2019

Such case shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 30. Provision Relating to Compensation: (1) If any person suffers any kind of loss or serious effect due to someone advertising contrary to this Act or the rules framed under this Act, or if someone's creation is used in an advertisement without the permission or approval of the author or creator, the aggrieved party may submit an application to the Board for compensation.
(2) Upon receipt of an application under sub-section (1), if the Board, upon inquiry, finds that loss has been caused, it shall cause the advertiser to pay reasonable compensation to such applicant. 31. Appeal: An appeal against cases under this Act shall lie to the following courts within thirty-five days from the date of receipt of information of the decision:-
(a) in the case of a decision initiated and decided by a District Court, to the concerned High Court,
(b) in the case of a decision made by the Board, to the District Court,
(c) in the case of a decision made by the Monitoring and Regulation Committee or the local level, to the concerned District Court. 32. Advertisements to be Made Through the Board: (1) When the Government of Nepal or bodies under the Government of Nepal publish or broadcast public welfare or other advertisements or notices, they shall do so through the Board, and the amount for such advertisement shall be expended through the Board.
(2) Notwithstanding anything contained in sub-section (1), if the Government of Nepal or bodies under the Government of Nepal need to publish any advertisement or notice immediately, there shall be no bar to publishing the advertisement or notice through any medium, provided that a copy of the advertisement or notice is made available to the Board and the amount thereof is paid through the Board. 33. May Form Sub-committee or Task Force: (1) The Board may, as necessary, form a sub-committee or task force to assist in its work.
(2) The functions, duties, powers, and procedures of a sub-committee or task force under sub-section (1) shall be as determined by the Board at the time of forming such sub-committee or task force. 34. Delegation of Powers: The Board may, as necessary, delegate some of the powers granted to it to the Chairperson or a member or any employee of the Board, the Monitoring and Regulation Committee under sub-section (2) of Section 23, a sub-committee or task force under Section 33, or any body of the Government of Nepal. 35.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Remuneration, Conditions of Service and Facilities of the Attorney General Act, 2052

Royal Seal and Date of Publication
2052.11.13

Amending Acts

1. Remuneration, Conditions of Service and Facilities of the Attorney General (First Amendment) Act, 2054 2054.9.7

Certification and Date of Publication

2. Some Nepal Laws Amendment Act, 2063 2063.6.28
3. Act to Maintain Gender Equality by Amending Some Nepal Acts, 2063 2063.7.17
4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
5. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 13 of the year 2052



An Act Made to Provide for the Remuneration, Conditions of Service and Facilities of the Attorney General

Preamble: Whereas it is desirable to provide for the remuneration, conditions of service and facilities of the Attorney General,

Now, therefore, be it enacted by the Parliament in the twenty-fourth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Remuneration, Conditions of Service and Facilities of the Attorney General Act, 2052".

(2) This Act shall come into force immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act, "Attorney General" means the Attorney General of Nepal appointed pursuant to subsection (2) of Article 147 of the Constitution of Nepal, amended by the Some Nepal Acts Amendment Act, 2072.omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. Chapter-2

Remuneration and Facilities

3. Remuneration: (1) The Attorney General shall be paid remuneration as specified in Schedule-1.

(2) If the resignation submitted by the Attorney General from his/her office is accepted, or upon the death of the Attorney General, or if the Attorney General retires from office due to any other reason, the Attorney General shall be paid an additional one month's remuneration in addition to the remuneration payable up to the day of remaining in office.

(3) The remuneration and additional remuneration payable to the Attorney General pursuant to subsection (2) shall be paid, depending on the circumstances, to the Attorney General or to the person designated by the Attorney General. If the Attorney General has died, and has designated someone, and that designated person is alive, such remuneration shall be paid to the nearest heir of the Attorney General. 4. Housing Facility: (1) The Government of Nepal shall arrange a government house for the residence of the Attorney General.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

If the Attorney General has died, and has designated someone, and that designated person is alive, such remuneration shall be paid to the nearest heir of the Attorney General. 4. Housing Facility: (1) The Government of Nepal shall arrange a government house for the residence of the Attorney General. If such a house is not arranged, or if the Attorney General does not have his/her own suitable house in the Kathmandu Valley and has to rent a house, the Attorney General shall be paid an amount equal to half of his/her monthly remuneration per month as house rent.

(2) An Attorney General living in his/her own house shall be paid an amount as specified in Schedule-1 for house maintenance and sanitation.

(3) If a government house is arranged for the Attorney General on behalf of the Government of Nepal pursuant to subsection (1), the maintenance and upkeep of such house shall be done by the Government of Nepal.

(4) The facility under this section shall be provided to the Attorney General for up to seven days from the date of his/her retirement from office. 5. Electricity, Water and Telephone Facilities: (1) The expenses for installing one landline telephone and the amount required as a deposit at the residence of the Attorney General shall be borne by the Government of Nepal.

(2) The Attorney General shall be paid an amount as specified in Schedule-1 for electricity, water and telephone bills. 6. Vehicle and Fuel Facility: (1) The Attorney General shall be provided with one motor vehicle with a driver, one hundred fifty liters of petrol monthly and five liters of mobile oil quarterly.

(2) The Attorney General using his/her private motor vehicle shall be provided with an amount equal to the initial level of the salary scale of a light vehicle driver of the Government of Nepal for the driver, as well as one hundred fifty liters of petrol monthly and five liters of mobile oil quarterly.

(3) The maintenance and upkeep of the motor vehicle provided pursuant to subsection (1), as well as the arrangement of grease, shall be done by the Central Services Department.

(4) The Attorney General shall not be required to submit bills or vouchers for the petrol and mobile oil used in the vehicle.

(5) The facility under this section shall be provided to the Attorney General for up to seven days from the date of his/her retirement from office. Chapter-3

Daily and Travel Allowances

7.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Chapter-3

Daily and Travel Allowances

7. Daily and Travel Allowances: (1) When the Attorney General travels within Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for work related to his/her office, the daily and travel allowance shall be paid as follows:

(a) Daily Allowance: Amount as specified in Schedule-1.

(b) Travel Allowance:

(1) When traveling on foot: Amount as specified in Schedule-1.

(2) When traveling by bus: Fare chargeable for one person.

(3) When traveling by train: First class ticket fare for one person.

(4) When traveling by airplane: Ticket fare for one person.

(5) When traveling by other vehicle: Fare chargeable for one person.

(2) When the Attorney General travels outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for work related to his/her office or to participate in any ceremony, festival, international conference, seminar, etc., on behalf of the Government of Nepal, the daily and travel allowance shall be paid as follows:

(a) Daily Allowance: Amount as specified in Schedule-2.

(b) Travel Allowance:

(1) When traveling by motor vehicle: Motor vehicle fare as per the bill for one person.

(2) When traveling by train: First class ticket fare for one person.

(3) When traveling by airplane: Business class ticket fare for one person.

(4) When traveling by waterway: Expenses as per the bill for one person.

(3) If the Attorney General formally travels outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. as a guest of foreign states, while staying in such state, the Attorney General shall receive daily allowance at half the rate of the daily allowance payable pursuant to clause (a) of subsection (2). 8. Other Provisions Relating to Travel: (1) The Attorney General shall receive half of the daily allowance for the day of return from travel, and such allowance shall be half of the daily allowance payable for the place of stay on the day prior to the day of return.

(2) For the payment of travel allowance, the Attorney General shall submit the travel bill along with necessary evidence such as treasury certificate, logbook, receipts, etc., within thirty-five days from the date of return from travel. 9. Insurance Expenses and Airfare Tax: When the Attorney General travels by airplane for work related to his/her office or to participate in any ceremony, festival, international conference, seminar, etc., on behalf of the Government of Nepal, insurance expenses of three hundred thousand rupees and the amount chargeable for airfare tax shall be paid. 9A. Repealed by the Some Nepal Laws Amendment Act, 2063. 10.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

9A. Repealed by the Some Nepal Laws Amendment Act, 2063. 10. Clothing Allowance: (1) When the Attorney General goes outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for work related to his/her office or to participate in any ceremony, festival, international conference, seminar, etc., on behalf of the Government of Nepal, an amount as specified in Schedule-1 shall be paid as clothing allowance once every three years.

(2) When going outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. pursuant to subsection (1), if the Attorney General has received approval to take his/her wife added by the Act to Maintain Gender Equality by Amending Some Nepal Acts, 2063. or husband along, his/her wife or husband amended by the Act to Maintain Gender Equality by Amending Some Nepal Acts, 2063. shall receive an amount equal to half of one month's remuneration of the Attorney General once every three years as clothing allowance. 11. Leader Allowance: When the Attorney General goes outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. as the leader of a delegation, the Attorney General shall receive an additional amount of twenty-five percent of the daily allowance payable to him/her as a leader allowance. 12. Contingent Expenses: (1) When the Attorney General goes on an inspection tour of offices under his/her jurisdiction, contingent expenses not requiring submission of an account shall be paid at the rate of one thousand rupees per occasion, up to a maximum of two times a year.

(2) When the Attorney General goes outside Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to participate in any ceremony, festival, international conference, seminar, etc., contingent expenses shall be paid as per the decision of the Government of Nepal. 13. Amended by the Some Nepal Acts Amendment Act, 2072.Festival Expenses: The Attorney General shall receive every year amended by the Some Nepal Acts Amendment Act, 2072. an amount equal to one month's remuneration being received by him/her as festival expenses. 14. Amended by the First Amendment.Leave: (1) The Attorney General may be entitled to the following types of leave:

(a) Festival leave and casual leave
(b) Home leave
(c) Sick leave
(d) Bereavement leave
(e) Special leave

(2) Leaves under clauses (a), (b), (c) and (d) of subsection (1) shall be with full remuneration, and leave under clause (e) shall be with half remuneration.

(3) The Attorney General may take six days of casual leave and six days of festival leave each year.

(4) The Attorney General shall be entitled to home leave at the rate of one day for every eleven days of service rendered.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Home leave may be accumulated up to a maximum of one hundred fifty days. For the purpose of calculating the period of service rendered for home leave, days on which casual leave, festival leave and public holidays are taken shall also be counted as days worked.

(5) If the Attorney General has accumulated home leave exceeding one hundred twenty days, the Attorney General may, in respect of the home leave accumulated up to the end of Chaitra (mid-April) each year out of such excess home leave, receive a lump sum amount calculated at the rate of the remuneration being received by him/her for up to a maximum of thirty days of home leave by the end of the same fiscal year.

(6) The Attorney General shall be entitled to sick leave at the rate of fifteen days each year. Such sick leave may be accumulated indefinitely. If the Attorney General contracts a serious illness and submits a certificate from an approved doctor, if no sick leave remains, the Attorney General may receive up to two months of sick leave with remuneration, and after taking such additional sick leave with remuneration, may receive sick leave without remuneration for up to an additional four months at a time, not exceeding twelve months in total during the service period. Provided that when taking such additional sick leave with remuneration, for every two days of additional sick leave taken, one day of home leave shall be deducted.

(7) If the Attorney General himself/herself has to observe the mourning period (Kiriya), the Attorney General shall be entitled to bereavement leave for up to a maximum of fifteen days depending on the religious tradition.

(8) The Attorney General may be entitled to special leave as follows:

(a) Not exceeding one month at a time, and
(b) Not exceeding a total of three months during the entire service period.

(9) If any person holding a constitutional office or in the service of the Government of Nepal is appointed to the post of Attorney General, such person shall not be deprived of enjoying his/her right relating to accumulated leave during the period of holding such office or service.

(10) If the Attorney General retires from office, the Attorney General shall receive a lump sum amount calculated at the rate of the remuneration being received from the office held by him/her for the home leave and sick leave accumulated pursuant to subsections (4) and (6). 15.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

15. Authority to Grant Leave: (1) Among the leaves mentioned in Section 14, the Attorney General may take festival leave and casual leave by himself/herself, and other leave shall be approved by the Prime Minister omitted by the Some Nepal Laws Amendment Act, 2063..

(2) The Attorney General shall provide information about the leave taken pursuant to subsection (1) to the amended by the Some Nepal Acts Amendment Act, 2072. Office of the Prime Minister and Council of Ministers. Chapter-4

Medical Expenses, Pension and Gratuity

16. Medical Expenses: (1) When the Attorney General falls ill and undergoes treatment, medical expenses shall be paid as follows:

(a) Expenses as per the hospital bill incurred when hospitalized and undergoing treatment, and expenses for medicines purchased as per the prescription of the hospital doctor. Provided that the prescription must include a diagnosis of the illness.

(b) Expenses as per the bill incurred for all types of surgical operations, excluding plastic surgery. Provided that expenses for surgery performed in a private nursing home shall not be paid.

(c) Expenses as per the bill incurred, within the amount prescribed by the Government of Nepal, for equipment such as spectacles, dentures, hearing aids, etc.

(2) Notwithstanding anything contained in subsection (1), the total amount of medical expenses the Attorney General receives during his/her term of office shall not exceed an amount equal to twelve months' remuneration. Added by the First Amendment.(2A) If the Attorney General's spouse, mother, father, son or daughter living in joint family falls ill, the Attorney General shall receive ninety percent of the medical expenses incurred as per the bill, to be deducted from the maximum medical expense amount payable under subsection (2), up to half of such amount. When claiming such medical expenses, a medical certificate containing the diagnosis of the illness must be submitted. Provided that the medical expenses receivable under this subsection shall not exceed one month's remuneration of the Attorney General at one time. Added by the First Amendment.(2B) If the Attorney General's spouse, mother, father, son or daughter living in joint family falls ill and must be taken abroad for treatment, or must be hospitalized in Nepal for surgery or treatment, the Attorney General shall receive ninety percent of the expenses as per the hospital bill and the medicine and treatment expenses as per the hospital doctor's prescription, from the amount receivable by the Attorney General pursuant to subsection (2).
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Added by the First Amendment.(2C) Notwithstanding anything contained in subsections (2A) and (2B), if the Attorney General's spouse, mother or father, son or daughter living in joint family is a serving employee in any constitutional office, government service, or in a service of an institution under government ownership or control, such medical expenses shall not be paid. Added by the First Amendment.(2D) If the Attorney General claiming medical expenses under this section is ill to the extent of being unable to attend the office, he/she must claim sick leave as long as sick leave remains. Only when there is no sick leave may he/she claim other leave. Added by the First Amendment.(2E) Details of medical expenses received by the Attorney General under this section shall be kept in the leave record and personal record of such Attorney General.

(3) If a committee of doctors appointed by the Government of Nepal recommends that the Attorney General cannot be treated with medicines within Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and the Attorney General wishes to go abroad for treatment, the Government of Nepal may provide the Attorney General additional financial assistance as deemed appropriate by the Government of Nepal, in addition to the medical expenses receivable under subsection (1).

(4) When the Attorney General leaves service, if some medical expenses remain unutilized, either partially or fully, from the medical expenses receivable under subsection (2), the Attorney General shall receive a lump sum amount equal to two-thirds of such remaining amount. Provided that an Attorney General who retires from service so as to receive a pension shall receive the entire remaining amount as a lump sum.

(5) Notwithstanding anything contained in subsection (4), an Attorney General who leaves service without serving for five years in the post of Attorney General shall, when receiving medical expenses, be calculated as if the total medical expenses receivable under this Act were for serving five years, and shall receive only the proportionate amount.

(6) If the Attorney General dies before receiving the medical expenses receivable under this section, the person determined to receive family pension or gratuity under Section 18 shall be entitled to receive such medical expenses. 17.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

17. Pension and Gratuity: (1) If a person holding a constitutional office or serving in the Government of Nepal, or a person retired from such service, is appointed to the post of Attorney General and retires from service, if the total period of previous service and service in the post of Attorney General, when calculated, amounts to twenty years or more, such person may choose either an amount equal to two-thirds of his/her monthly remuneration or a monthly pension calculated as follows:

Total years of service x Monthly remuneration
50

Explanation: For the purposes of this clause, "period of service in government service" means the period of service rendered by being appointed to any pensionable post by the Government of Nepal. Added by the First Amendment.(1A) Notwithstanding anything contained in subsection (1), if a person who has completed a service period of ten years in the post of Attorney General retires from service, such person shall receive a monthly pension equal to two-thirds of his/her monthly remuneration.

(2) An Attorney General who retires from service without completing the service period required for pension under subsection (1) added by the First Amendment. or (1A) shall be given a gratuity as a lump sum amount calculated by multiplying the total years of service rendered by the amount of one and a half months' remuneration being received at the time of retirement. Proviso clause omitted by the First Amendment

(3) If any person who has already received a gratuity for serving in a constitutional office or in the Government of Nepal is appointed to the post of Attorney General, only if such person repays the entire amount of the gratuity previously received within one year of such appointment, shall the previous service period be added amended by the First Amendment. for the purpose of pension.

(4) The amount of gratuity receivable by the Attorney General under this section shall not exceed an amount equal to twelve months' remuneration of the Attorney General.

(5) When the remuneration of the Attorney General is increased, an amount equal to two-thirds of the increase in the remuneration amount amended by the First Amendment. shall also be added to the amount of pension of the Attorney General who is receiving pension.

(6) If a person who is already receiving a pension for serving in a constitutional office or in the Government of Nepal is appointed to the post of Attorney General and also becomes entitled to receive a pension under this Act, such person may choose either the pension previously being received or the pension receivable under this Act.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Amended by the First Amendment.(7) For the purposes of calculating the service period under subsection (1A), half of the total period worked in a constitutional office or in a government service post or in both such posts shall be added and calculated. 18. Family Pension and Gratuity: (1) If the Attorney General has designated any member of his/her family, to such designated person, and if such designated person also dies, or if no one has been designated, to the nearest heir among the members of his/her family, the pension under Section 17 shall be paid on the following basis:

(a) If the Attorney General dies while in office, for a period of seven years from the date of death,
(b) If the Attorney General dies before completing seven years of receiving pension under Section 17, for the remaining period to complete such seven years.

(2) If the Attorney General dies while in office and is not entitled to receive a pension under Section 17 but only a gratuity, the amount of such gratuity shall be received by the person among the members of his/her family as referred to in subsection (1).

(3) After the period for receiving family pension under subsection (1) has been fully paid, the widowed wife or widower of the deceased Attorney General shall be entitled to receive half of such pension for life. Provided that if such person is already receiving a pension for government service rendered by them, they shall not receive the pension under this subsection. Added by the First Amendment.(4) When the remuneration of the Attorney General is increased, an amount equal to two-thirds of the increase in the remuneration amount shall also be added to the amount of family pension being received by a person under subsection (1) or (3). Chapter - 5
Miscellaneous

19. Provident Fund: The Government of Nepal shall deduct ten percent from the monthly remuneration of the Attorney General as a provident fund, add an equal one hundred percent amount to such deducted amount, and deposit it in the provident fund. Added by the First Amendment.19A. Entitlement to Daily and Travel Allowance: An Attorney General who has worked for three years in the post of Attorney General shall, when going to his/her home during the home leave taken by him/her and when returning from home, receive daily and travel allowance once a year at half the rate of the daily and travel allowance receivable under this Act. Provided that family members shall not receive daily and travel allowance. Added by the First Amendment.19B.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Provided that family members shall not receive daily and travel allowance. Added by the First Amendment.19B. Transit Period: When the Attorney General goes home on home leave and when returning from home to report for duty at his/her office after completing home leave, the Attorney General shall receive a transit period once a year at the rate of one day for every eight kos (approx. 3 miles) for foot routes, and as many days as required for motor vehicle, train, or airplane routes. Provided that transit period shall not be given for going to or staying elsewhere other than home during home leave. When granting transit period, the shortest route by the fastest means shall be considered, and the actual days for going and coming shall not be exceeded. 20. Addition to Remuneration and Other Facilities: The Government of Nepal may, by publishing a notice in the Nepal Gazette, amend the Schedules and add to the remuneration and facilities receivable by the Attorney General under this Act. Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.21. Taking Oath: Before assuming the functions of his/her office, the Attorney General shall take the oath of office and secrecy as per Schedule-2A before the Chief Justice. 22. Repeal and Savings: (1) The Attorney General (Conditions of Service) Rules, 2020 are hereby repealed.

(2) Any pension facility being received by a person appointed to the post of Attorney General before the commencement of the Constitution of the Kingdom of Nepal, 2047, under the Attorney General (Conditions of Service) Rules, 2020, shall be deemed to have been received under this Act.

(3) Any remuneration and facilities received by the Attorney General before the commencement of this Act shall be deemed to have been received under this Act. Schedule-1

(Relating to Sections 3, 4, 5, 7 and 10)

Remuneration, Facilities and Allowances Payable to the Attorney General

 S.No. Type of Remuneration, Facility and Allowance Rate of Remuneration, Facility and Allowance

 Amended effective from 2070.4.1 as per notice published in Nepal Gazette dated 2070.5.10.1. Remuneration Per month Rs. 44,330.– and Special Allowance per month Rs. 1000.–
 2. House Maintenance and Sanitation Facility Per month Rs. 1,500.–
 3. Electricity, Water and Telephone Facility Per month Rs. 1,200.–
 4. Daily Allowance Per day Rs. 165.–
 5. Travel Allowance Per kos Rs. 25.–
 Amended effective from 2073.4.1 as per notice published in Nepal Gazette dated 2073.4.1.6. Clothing Allowance Rs. 7,000.–

Remuneration fixed at Rs. 71,950.– effective from 2076.4.1 as per decision of the Government of Nepal (D.P.) dated 2076.5.4.
Remuneration, Conditions of Service and Facilities of the Attorney General Act, 1995

Daily Allowance Per day Rs. 165.–
 5. Travel Allowance Per kos Rs. 25.–
 Amended effective from 2073.4.1 as per notice published in Nepal Gazette dated 2073.4.1.6. Clothing Allowance Rs. 7,000.–

Remuneration fixed at Rs. 71,950.– effective from 2076.4.1 as per decision of the Government of Nepal (D.P.) dated 2076.5.4. Schedule-2

(Relating to clause (a) of subsection (2) of Section 7)

Daily Allowance Payable to the Attorney General When Traveling Abroad



 SAARC Countries US Dollar 100
 Other Countries US Dollar 125

Schedule-2A

(Relating to Section 21)

Oath

I, ..., do solemnly promise / swear in the name of God that, being fully loyal to the country and people, and remaining fully faithful to the Constitution of Nepal, amended by the Some Nepal Acts Amendment Act, 2072. wherein the state authority and sovereignty of Nepal are vested in the Nepali people, I will perform the functions of the office of Attorney General honestly, without fear, favor, prejudice or ill will, in accordance with the prevailing law, in the true interest of the country and people; and I will not, in any manner, disclose or signify, except in compliance with law, any matter coming to my knowledge in the course of discharge of my duty, whether while holding this office or thereafter. Signature

Added by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Schedule-3

Repealed by the Some Nepal Laws Amendment Act, 2063.
National Debt Recovery Act, 2024

National Debt Raising Act, 2081

Certification and Publication Date
2081.04.01

Act No. 06 of the year 2081

An Act Made to Provide for the Authority to Raise National Debt

Preamble: Whereas, to implement the proposal relating to the finances of the Government of Nepal for the Fiscal Year 2081/82, it is expedient to make legal provision regarding the raising of national debt by the Government of Nepal,

Be it enacted by the Federal Parliament. 1. Short Title and Commencement: (1) This Act may be cited as the "National Debt Raising Act, 2081".

(2) This Act shall commence from the 1st day of Shrawan, 2081. 2. Authority to Raise National Debt: (1) For the purpose of implementing the proposal relating to the finances of the Government of Nepal for the Fiscal Year 2081/82, the Government of Nepal may raise national debt up to a maximum of Rs. 3,30,00,00,00,000/- (in words three Kharba thirty Arab) in addition to the amount remaining payable on account of overdraft and other outstanding amounts at the end of the Fiscal Year 2081/82. Provided that the amount of overdraft that the Government of Nepal is entitled to take under the prevailing law shall not be included in the national debt amount so raised.

(2) The Government of Nepal may authorize Nepal Rastra Bank to convert the outstanding overdraft up to the Fiscal Year 2081/82 into Treasury Bills.

(3) The period for payment of the principal and interest of the national debt raised pursuant to this Section and the interest rate of such debt shall be in accordance with the Public Debt Management Act, 2079.
Right to Food and Food Sovereignty Act, 2018

Right to Food and Food Sovereignty Act, 2075

Certification Date
2075.06.02

Act Number 13 of the year 2075

An Act Made to Provide for the Right to Food and Food Sovereignty

Preamble: Whereas, it is desirable to make legal provisions regarding the implementation of the fundamental rights of citizens relating to food, food security and food sovereignty provided under the Constitution of Nepal, and for the creation of appropriate mechanisms for that purpose, and to ensure the access of citizens to food;

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

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Right to Food and Food Sovereignty Act, 2075".

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

(a) "Basic Food" means the food items specified by the Government of Nepal, by publishing a notice in the Nepal Gazette, from time to time.

(b) "Farmer" means a citizen who makes agriculture his/her main profession or occupation and earns a livelihood from it, and the term also denotes a member of the family dependent on such citizen, or a citizen who labors in agricultural work for six months or more in a year, or a citizen who manufactures traditional agricultural tools, or a member of the family dependent on such citizen.

(c) "Agricultural Land" means land used for agriculture, producing agricultural products, or designated for use in agricultural work pursuant to prevailing law.

(d) "Food" means a processed, semi-processed, or unprocessed substance intended for human consumption, culturally acceptable, obtained from biological sources, and the term also denotes raw materials used in the preparation, processing, or production of such substance.

(e) "Food Sovereignty" means the following rights enjoyed or exercised by farmers concerning the food production and distribution system:

(1) Participating in the policy-making process related to food,
(2) Choosing any occupation related to the food production or distribution system,
(3) Selecting agricultural land, seeds, technology, and tools,
(4) Being free from the adverse effects of globalization or commercialization of agricultural business.

(f) "Food Security" means the physical and economic access of every person to the food necessary to lead an active and healthy human life.

(g) "Prescribed' or 'As Prescribed" means prescribed or as prescribed in the Rules made under this Act.

(h) "Council" means the National Food Council pursuant to Section 32.

(i) "Ministry" means the Ministry of the Government of Nepal dealing with agriculture-related subjects.

(j) "Targeted Household" means households identified pursuant to Section 5.

(k) "Local Level" means Rural Municipality or Municipality. Chapter-2

Protection from the Right to Food and Food Insecurity

3.
Right to Food and Food Sovereignty Act, 2018

Chapter-2

Protection from the Right to Food and Food Insecurity

3. Respect, Protection and Fulfillment of Right relating to Food: (1) Every citizen shall have the right to food and the right to food security.

(2) For the respect, protection, and fulfillment of the right as per sub-section (1), the Government of Nepal, Provincial Government, and Local Level shall make necessary arrangements in mutual coordination.

(3) Without adversely affecting the generality of sub-section (1), every citizen shall have the following rights relating to food and food security:

(a) Having regular access to adequate, nutritious, and quality food without discrimination,
(b) Being free from hunger,
(c) Being safe from situations where life is endangered due to lack of food,
(d) Persons or families at risk of starvation or food insecurity receiving sustainable access to food and nutritional assistance,
(e) Using culturally acceptable food. 4. Prevention and Control of Starvation: The Government of Nepal, Provincial Government, and Local Level shall, in mutual coordination and on a priority basis, carry out the following tasks for the prevention and control of starvation:

(a) Regularly identifying and maintaining records of individuals, families, communities, and areas affected by or at risk of starvation,
(b) Making arrangements for the stockpiling of food necessary to control starvation or the risk of starvation,
(c) Making arrangements for the distribution of food to control starvation or the risk of starvation,
(d) Adopting immediate, short-term, and long-term measures for the prevention and control of starvation. 5.