chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Gorkhapatra Corporation Act, 1963

Gorkhapatra Corporation Act, 2019 (1962)

Royal Seal and Publication Date
2019.12.30

Amending Acts

1. Gorkhapatra Corporation (First Amendment) Act, 2028 (1971) 2028.12.20
2. Some Nepal Laws Relating to Communications (Amendment) Act, 2029 (1972) 2029.6.5
3. Judicial Administration Reform (Fourth Amendment) Act, 2043 (1986) 2043.7.24
4. Gorkhapatra Corporation (Second Amendment) Act, 2045 (1988) 2045.7.10
5. Some Nepal Acts Relating to Communications (Amendment) Act, 2047 (1990) 2047.7.14
6. Some Nepal Acts Relating to Communications (Amendment) Act, 2055 (1998) 2055.3.10
7. Some Nepal Acts Relating to Communications (Amendment) Act, 2057 (2000) 2057.10.18

Certification and Publication Date
2066.10.7
9. Some Nepal Acts (Amendment) Act, 2072 (2015) 2072.11.13
10. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018) 2075.11.19

Act No. 64 of the year 2019 (1962)



An Act Made to Establish and Manage the Gorkhapatra Corporation

Preamble: Whereas, for the convenience and economic benefit of the Nepalese people, it is desirable to remove the operation and publication of the Gorkhapatra daily newspaper from the control of the Government of Nepal, to involve the general public to a greater extent by omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). and to raise the standard of its publication to make it more popular and effective in line with the times, therefore, to form and manage it as a Corporation;

Now, therefore, this Act is made by His Majesty King Mahendra Bir Bikram Shahdev in accordance with Article 93 of the Constitution of Nepal. Chapter-1
Preliminary

1. Short title, extent and commencement: (1) This Act may be called the "Gorkhapatra Corporation Act, 2019 (1962)."

(2) This Act shall extend to the whole of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).

(3) This section shall come into force immediately, and the other sections shall come into force on such date as the Government of Nepal may, by notification published in the Nepal Gazette, appoint. Appointed to come into force from the date 2020.3.25 (Nepal Gazette 2020.3.25). 2. Definitions: Unless the subject or context otherwise requires, in this Act -

(a) "Corporation" means the Gorkhapatra Corporation established under this Act.

(b) "Committee" means the Board of Directors of the Corporation.

(c) "General Manager" means the General Manager for the time being of the Corporation, and this term shall also include a person acting on his behalf.

(d) "Shareholder" means a shareholder who takes shares distributed in accordance with the rules made under this Act.

(e) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules or regulations made under this Act. Chapter-2
Establishment, Capital and Management

3.
Gorkhapatra Corporation Act, 1963

Chapter-2
Establishment, Capital and Management

3. Establishment of the Corporation: (1) A Corporation by the name of "Gorkhapatra Corporation" is hereby established.

(2) The Corporation shall be an autonomous and incorporated body with perpetual succession. It shall have a separate seal for all its business. It may, subject to this Act and the prevailing Nepal law, acquire, hold, and transfer movable and immovable property. It may sue and be sued in its own name.

(3) The principal office of the Corporation shall be in Kathmandu, and it shall be lawful for the Corporation to appoint or establish agents, correspondents, or sales centers within Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). or abroad. 4. Capital, Shares and Shareholders: Amended by the First Amendment. (1) The authorized capital of the Corporation shall be as determined by the Government of Nepal.

(2) The Government of Nepal shall hold at least fifty-one percent of the total capital shares of the Corporation, and amended by the Some Nepal Acts Relating to Communications (Amendment) Act, 2055 (1998). up to a maximum of twenty-five percent of the shares shall be sold to the employees of the Committee as prescribed. The remaining shares shall be sold to the general public. An employee shall not sell shares purchased by him as long as he remains in the service of the Corporation.

(3) Each share shall be indivisible.

(4) Generally, except for the employees of the Corporation, any person or company may be prohibited from holding more than the prescribed amended by the Some Nepal Laws Relating to Communications (Amendment) Act, 2029 (1972). percentage of shares.

(5) The liability of the shareholders of the Corporation shall be limited. 5. Disqualification for being a Shareholder: No one other than a citizen of Nepal or a company or cooperative institution registered under Nepal law may buy shares or be a shareholder of the Corporation. 6. Power to accept grants and loans: After the provision of a General Meeting, as passed by that meeting, or until the provision of a General Meeting, the Corporation may, with the approval of the Government of Nepal, take necessary cash or kind loans or accept grants to increase its working capital. Provided that the Corporation shall not take loans or accept grants from any foreign agency without the approval of the Government of Nepal. 7. Management: Except as otherwise provided in this Act or the rules and regulations made under this Act, the supervision, direction, and management of all business and affairs of the Corporation shall be conducted by the Committee.
Gorkhapatra Corporation Act, 1963

7. Management: Except as otherwise provided in this Act or the rules and regulations made under this Act, the supervision, direction, and management of all business and affairs of the Corporation shall be conducted by the Committee. Provided that the Committee may delegate such of its duties and powers mentioned in this Act or the rules or regulations made under this Act as it may deem necessary and appropriate to the General Manager or a sub-committee consisting of one or more Directors or to other officers of the Corporation for performance and exercise. 8. Constitution of Board of Directors and term of office of Directors: Amended by the First Amendment. (1) The Board of Directors (hereinafter referred to as the "Committee") shall consist of the following five Directors:

(a) The General Manager of the Corporation,

(b) One person elected by the General Meeting from among the non-government shareholders,

(c) One person nominated by the Government of Nepal representing the government shares,

(d) One person nominated by the Government of Nepal from among persons renowned in the field of journalism, publication, or literature,

(e) One person elected from among the shareholder employees working in the Corporation.

(2) Until the provision for election by the General Meeting or the provision for election under clause (e) of sub-section (1) from among the shareholder employees is made, the Director to be elected from among the shareholders shall also be nominated by the Government of Nepal.

(3) Amended by the Some Nepal Laws Relating to Communications (Amendment) Act, 2029 (1972). The Chairperson of the Committee shall be appointed by the Government of Nepal, and in the absence of such appointment, the General Manager of the Corporation shall chair the Committee.

(3a) Inserted by the Second Amendment. The term of office of Directors elected or nominated under clauses (b), (c), (d) and (e) shall be four years, and after the expiry of their term, they may be re-elected or re-nominated.

(4) Amended by the Second Amendment. Notwithstanding anything contained in sub-section (3a), even before the expiry of the term of a nominated Director under clauses (c) and (d) of sub-section (1), the Government of Nepal may nominate some other person in his stead.

(5) Amended by the First Amendment. After the election of a Director from among the employees of the Corporation by the General Meeting and assuming office, the Directors nominated by the Government of Nepal shall stand automatically revoked in their respect.

(6) Omitted by the Second Amendment. 9. Disqualification for being a Director: Amended by the First Amendment.
Gorkhapatra Corporation Act, 1963

9. Disqualification for being a Director: Amended by the First Amendment. No person described below shall be or remain a Director:

(a) A person who is deaf or of unsound mind,

(b) A person who has been convicted of a criminal offense involving moral turpitude and sentenced to imprisonment for more than 6 months, and 5 years have not elapsed since the date of completion of such imprisonment,

(c) A person who is an undischarged insolvent, or

(d) A person who has any kind of private interest in any contract, lease, or agreement with the Corporation. 10. Circumstances in which a Director may be removed: A nominated Director may be removed by the Government of Nepal, and an elected Director may be removed by a majority of the shareholders present at a General Meeting, in the following circumstances:

(a) If any disqualification mentioned in Section 9 exists, or

(b) If, without the permission of the Committee, he is absent from meetings of the Committee for more than 3 consecutive times, and such absence appears unreasonable in the view of the Government of Nepal, in the case of a nominated Director, or in the view of the General Meeting, in the case of an elected Director, or

(c) If he is proved to be a participant in any contract or lease with the Corporation in violation of Section 16. 11. Resignation of Director and filling of vacancies: (1) Any nominated Director may resign from his office by giving written notice to the Government of Nepal, and an elected Director may resign by giving written notice to the Committee. Upon acceptance of the resignation, he shall be deemed to have vacated his office.

(2) If the office of any nominated or elected Director falls vacant by reason of death, resignation, or any other cause, such vacancy shall be filled by another nomination or election, as the case may be, and the Director coming in by election shall hold office only for the remaining term of his predecessor.

(3) No business done by the Committee shall be invalid merely because of any defect in its constitution or because any vacancy exists in the Committee. 12. Remuneration of Directors: The remuneration of Directors shall be as prescribed. 13. Meetings of the Committee: (1) Meetings of the Committee shall be held at such times and places as prescribed, and the procedure for meetings of the Committee shall be as prescribed.
Gorkhapatra Corporation Act, 1963

12. Remuneration of Directors: The remuneration of Directors shall be as prescribed. 13. Meetings of the Committee: (1) Meetings of the Committee shall be held at such times and places as prescribed, and the procedure for meetings of the Committee shall be as prescribed. The Chairperson, or in his absence, a Director chosen by the Directors from among themselves for that meeting, shall preside at the meeting of the Committee.

(2) The quorum for a meeting of the Committee shall be deemed to be constituted if more than half of the total number of members for the time being holding office are present, and if there is no quorum, the meeting shall be adjourned.

(3) All matters shall be decided by a majority of the Directors present and voting at the meeting of the Committee. The Director presiding shall not ordinarily vote, but in case of an equality of votes, he shall have a casting vote. Amended by the First Amendment.14. Appointment of General Manager, Advisors and other employees: (1) For the conduct of the affairs of the Corporation, the Government of Nepal may appoint one General Manager and as many Advisors as necessary, and the Committee may appoint other employees. Their appointment, terms of service, procedure, and remuneration shall be as prescribed. Prohibitory phrase omitted by the Some Nepal Acts Relating to Communications (Amendment) Act, 2047 (1990).

(2) The terms of appointment and service may include a condition requiring the employees of the Corporation to compulsorily purchase shares of the Corporation from the prescribed amount of their monthly remuneration. Provided that shares shall not be sold to employees appointed on a temporary basis or on contract service. Amended by the Second Amendment.15. Director not to participate in meeting: The General Manager or an employee who is a Director under Section 8 shall not be entitled to participate in his capacity as a Director in a meeting of the Committee convened for taking action against him. 16. Prohibition on Directors and General Manager of the Corporation: No Director of the Corporation and amended by the Some Nepal Acts Relating to Communications (Amendment) Act, 2057 (2000). no General Manager shall be a participant in any contract or lease with the Corporation. Provided that, as soon as any Director or General Manager becomes aware, directly or indirectly, of any interest in any contract or lease taken or given or proposed to be taken or given by the Corporation, or in any contract or lease taken, given, or proposed to be taken or given by any auxiliary body of the Corporation and submitted for the consideration of the Board of Directors, he shall promptly disclose such fact to the meeting of the Committee.
Gorkhapatra Corporation Act, 1963

Such disclosure shall be recorded in the minute book, and the interested Director shall not be entitled to participate in any deliberation or decision of the Committee regarding such contract or lease. Amended by the First Amendment.17. Duties and functions of the Corporation: (1) Prohibitory phrase omitted by the Some Nepal Acts Relating to Communications (Amendment) Act, 2047 (1990). It shall be the duty of the Corporation to provide information on domestic and foreign news and other useful matters to the general public in a simple, accessible, and inexpensive manner throughout Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). by publishing and distributing newspapers and periodicals characterized by a national perspective and comprehensiveness, fully healthy, responsible, and containing entertaining material.

(2) Without prejudice to the generality of the powers and duties under sub-section (1), the Corporation may, in particular, perform the following functions or exercise the following powers:

(a) To carry out all tasks related to the printing, publication, distribution, operation, etc., of the Gorkhapatra daily newspaper,

(b) To bring improvement to the publication standards of various editions of the Gorkhapatra daily newspaper and The Rising Nepal, and to include domestic and foreign news as extensively as possible,

Amended by the Some Nepal Acts (Amendment) Act, 2072 (2015). (c) To publish attractive, interesting, culturally indicative, and entertaining publications of a kind that develop national and democratic sentiments,

(d) Prohibitory phrase omitted by the Some Nepal Acts Relating to Communications (Amendment) Act, 2047 (1990).

(e) To determine and collect the various editions, formats, prices, and other charges of the Gorkhapatra daily newspaper, The Rising Nepal, and other publications of the Corporation,

(f) In addition to its own work, to print materials brought by the public for publication upon charging necessary fees,

(g) To make provisions for education and training in the affairs of the Corporation for persons inside or outside the Corporation,

(h) To acquire, hold, and transfer movable and immovable property for performing its functions,

(i) To enter into and execute all contracts and agreements helpful in exercising its powers and performing its duties,

(j) To borrow from others by mortgaging or pledging the property of the Corporation,

(k) To lease, sell, or otherwise dispose of the property of the Corporation,

(l) To pay interest on deposits and distribute dividends on the shares of the Corporation,

(m) To carry out necessary publicity to increase public confidence in its publications,

(n) Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).
Gorkhapatra Corporation Act, 1963

To open sales centers or grant agencies at various places within Nepal and also abroad for the sale and distribution of its publications,

(o) To make provisions for pension or gratuity for its officers or other employees and to open savings accounts,

(p) To invest its funds in securities permitted by the Government of Nepal,

(q) To do all other things necessary for the performance of its duties and the exercise of its powers under this Act and for carrying out the objectives of this Act. 18. Prior approval of Government of Nepal required: The Corporation shall not do the following things without the prior approval of the Government of Nepal:

Amended by the Second Amendment.Amended by the Some Nepal Acts Relating to Communications (Amendment) Act, 2055 (1998). (a) To purchase or acquire any immovable property worth more than one crore rupees, or

(b) Amended by the Second Amendment. To mortgage or pledge any immovable property for a period exceeding ten years, or

(c) Amended by the Second Amendment. To sell, transfer, or alienate any property, right, or facility worth more than five lakh rupees. 19. Submission of programme: (1) At least three months before the start of its own fiscal year, the Committee shall prepare and submit to the General Meeting for approval a financial estimate, including the programme of operations, development works, details of income and expenditure, details of other matters, capital investment, and, if additional assistance from employees is required, details thereof, to be carried out by the Corporation and its auxiliary bodies in the forthcoming fiscal year.

(2) If, in any fiscal year, the Corporation wishes to carry out any special work in addition to the matters mentioned in the programme already submitted under sub-section (1), and such work is likely to bring about material changes in the proposed financial estimate, the Corporation shall submit to the General Meeting for approval a supplementary programme for such work and a supplementary estimate of the expenditure to be incurred and the revenue to be received from the remaining funds for that fiscal year.

(3) Until the provision of a General Meeting is made, the Committee shall submit the estimate under sub-sections (1) and (2) to the Government of Nepal. Chapter-4

General Meeting

20. General Meeting: (1) After shares worth at least 5 percent of the share capital issued for sale to the general public have been sold to the general public, a General Meeting (hereinafter referred to as the Annual General Meeting) shall be held at the principal office within 2 months from the date of closure of the annual accounts of the Corporation.
Gorkhapatra Corporation Act, 1963

A Special General Meeting of the Corporation shall also be held at any other time if at least fifty shareholders make a written application under their signatures or if the Committee deems it necessary.

(2) For the first time, the quorum for a General Meeting shall not be considered complete without the presence of at least 100 shareholders. If the quorum is not complete, then upon the second call, the presence of 50 shareholders shall be considered as constituting a quorum. However, if even the second call fails to achieve the required number as written, the matter shall be submitted to the Government of Nepal and action shall be taken as directed.

(3) The shareholders present at the Annual General Meeting shall discuss the annual accounts and profit and loss account of the Corporation, the auditor's report thereon, and the Committee's report on the Corporation's work throughout the year. Until the provision for an Annual General Meeting is made, these matters shall be submitted to the Government of Nepal. Amended by the Some Nepal Laws Relating to Communications (Amendment) Act, 2029 (1972). (4) A shareholder of the Corporation shall be entitled to vote in a number equal to the percentage of shares purchased by him, calculated at the rate of one vote for each one percent of the total capital of the Corporation. Provided that,

(a) A shareholder who has purchased less than one percent of the total capital of the Corporation shall not be entitled to vote.

(b) If the share percentage exceeds one unit, he shall be entitled to vote only for the lower unit until the upper unit is reached. Added by the Some Nepal Laws Relating to Communications (Amendment) Act, 2029 (1972). (4a) A shareholder shall not be entitled to vote without being personally present or sending a proxy at the meeting of the Annual General Meeting.

(5) Decisions of the meeting shall be made by a simple majority of the shareholders present. 21.
Gorkhapatra Corporation Act, 1963

21. Power of Government of Nepal to give decisions and directions: (1) If there is a difference of opinion between the General Meeting and the Board of Directors regarding the operation of the Corporation, such matter shall be submitted to the Government of Nepal for decision, and the decision given by the Government of Nepal shall be final.

(2) If the Government of Nepal deems it appropriate in the national interest, it may give directions to the Corporation regarding the following matters, and it shall be the duty of the Corporation to comply with such directions:

(a) To operate a specified service in a particular area or to carry out other business activities, or

(b) To discontinue any work being carried out by the Corporation in a particular area or entirely, or to make any change therein, or

(c) Not to do any work that the Corporation intends to do. 22. Power of Government of Nepal to cause inspection of Corporation's affairs: (1) The Government of Nepal may, by notification published in the Nepal Gazette, appoint an Inspector to inspect the Corporation. Provided that the Corporation shall not be liable to bear the expenses incurred for such inspection.

(2) The Inspector appointed under sub-section (1) shall be entitled to examine all accounts, books, and documents held by the Corporation.

(3) The Inspector appointed under this section shall submit his report to the Government of Nepal. Chapter-5
Fund, Accounts and Audit

23. Fund of the Corporation: (1) The Corporation shall have its own separate Fund. All sums received by the Corporation, including loans and grants, shall be deposited in that Fund, and all sums payable by the Corporation shall also be borne by that Fund.

(2) All sums in the Fund shall be deposited in the Nepal Rastra Bank or in other banks permitted by the Government of Nepal.

(3) The Committee shall have the authority to spend such sums as are deemed appropriate for the functions authorized by this Act and the rules and regulations made under this Act. 24. Assumption of liability: The Corporation, or anything done or deemed to have been done by or for the Corporation, shall be deemed to include any liabilities and contracts undertaken by or with the Government of Nepal prior to the establishment of the Corporation in relation to the matters mentioned in this Act, to the extent allocated by the Government of Nepal for the Corporation. 25. Method of keeping accounts: All accounts of the income and expenditure of the Corporation shall be kept in accordance with the format and method approved by the Government of Nepal. 26.
Gorkhapatra Corporation Act, 1963

25. Method of keeping accounts: All accounts of the income and expenditure of the Corporation shall be kept in accordance with the format and method approved by the Government of Nepal. 26. Distribution of profit: The distribution and utilization of the profit made by the Corporation shall be as prescribed. 27. Audit: (1) The accounts of the Corporation shall be audited by a total of two auditors, one appointed by the Government of Nepal and one selected by the shareholders. The auditor selected by the shareholders shall be selected at the Annual General Meeting, and the remuneration of the auditors shall also be determined at that meeting. Provided that, until the provision of a General Meeting is made, the auditor appointed by the Government of Nepal alone shall audit the accounts of the Corporation.

(2) If the office of the auditor selected by the shareholders becomes vacant for any reason, the Government of Nepal may fill such vacancy until the next General Meeting.

(3) It shall be the duty of the auditors to audit the annual accounts and profit and loss account of the Corporation and the vouchers related thereto. The auditors shall be provided with the statements of all accounts held by the Corporation. They may, at any reasonable time, inspect and examine any accounts, books, and documents held at any place of the Corporation or by any officer or other employee of the Corporation.

(4) The auditors shall submit one copy of their report on the annual accounts and profit and loss account to the Government of Nepal and, after the provision of a General Meeting of the Corporation, another copy to that meeting. The following matters shall be clearly stated in that report:

(a) Whether the annual accounts and profit and loss account have been properly prepared, clearly showing all necessary matters so as to reflect the true financial position of the Corporation,

(b) Whether the Corporation has provided any explanation or information requested by the auditor, and if provided, whether such explanation or information is satisfactory, and

(c) Whether the annual accounts and profit and loss account submitted are in due form.

(5) The auditors may submit proposals they deem appropriate for the proper management of the Corporation.
Gorkhapatra Corporation Act, 1963

29. Repealed by the First Amendment. Amended by the First Amendment.30. Penalties: (1) Any person who knowingly or with malafide intention makes a false statement or suppresses a true fact, distorts the content, or attempts to do so in any statement, account book, report, or any other document required to be kept, prepared, or submitted in accordance with this Act or the rules made under this Act, shall be liable to imprisonment for up to three years or a fine of up to three thousand rupees, or both.

(2) If any Director or employee of the Corporation, knowingly or negligently or with malafide intention, does any act other than those mentioned in sub-section (1) causing loss or damage to the Corporation, he shall be liable to imprisonment for up to one year or a fine of up to one thousand rupees.

(3) If any Director or employee of the Corporation obstructs the work of a person appointed to conduct an inspection under Section 22, or without any reasonable cause fails to provide any document or information lawfully requested by such person, or is negligent in providing them, he shall be liable to a fine of up to one thousand rupees.

(4) If any person uses the name of the Corporation in any statement or advertisement without the written permission of the Corporation, he shall be liable to imprisonment for up to 6 months or a fine of up to one thousand rupees, or both.

(5) If any person who is a Director or General Manager for the time being, in violation of Section 16, becomes a participant in a contract or lease with the Corporation and, without making the disclosure required by that section, derives or attempts to derive any benefit from such capacity, he shall be liable to imprisonment for up to 2 years or a fine of up to five thousand rupees, or both.

(6) If any loss or damage is caused to the Corporation by an offense punishable under this section, the amount of such loss or damage shall also be recovered from the person committing the offense. Added by the First Amendment.30A. Liaison with Government of Nepal: When the Corporation liaises with the Government of Nepal in the course of its business or when the Government of Nepal gives any direction to the Corporation under Section 21, the liaison or direction shall be made or given through the amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018). Ministry of Communication and Information Technology. Added by the Second Amendment.30B.
Gorkhapatra Corporation Act, 1963

Ministry of Communication and Information Technology. Added by the Second Amendment.30B. Local tax not leviable: No local tax of any kind shall be levied on the transactions of the Corporation. Repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043 (1986).31. Added by the First Amendment.31A. Protection of officers for loss or damage: No Director or employee of the Corporation shall be personally liable for any loss or damage caused by any act done or attempted in good faith for the purpose of performing his duty in accordance with this Act or the rules made under this Act. 32. Power of Government of Nepal to make rules: The Government of Nepal may make rules to carry out the objectives of this Act, and such rules shall come into force upon publication in the Nepal Gazette. 33. Power of Corporation to make regulations: For the proper conduct of the affairs of the Corporation, the Corporation may make regulations not inconsistent with this Act or the rules made under this Act, and such regulations shall come into force after approval by the Government of Nepal. 34. Prevailing law to be subject to this Act: Notwithstanding anything contained in the prevailing Nepal law, in respect of matters written in this Act or the rules made under this Act, the provisions of this Act or the rules shall apply. Schedule
(Relating to Section 28)

Pledge of Honesty and Secrecy

I, , do hereby pledge that I will honestly and faithfully perform the duties incumbent upon me to the best of my ability and capacity in all matters related to my office in the Corporation in my capacity as Director, General Manager, employee, or Auditor. I further pledge that I will not disclose, or cause to be disclosed, any information concerning the Corporation to any unauthorized person, nor permit any person to inspect or receive any book or document pertaining to the Corporation that is in my custody.
Administrative Court Act, 2019

Administrative Court Act, 2076 (2019)

Certification Date
2076.06.24

Amending Acts

1. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14

An Act Made to Provide for the Administrative Court

Preamble: Whereas, it is desirable to make timely provisions regarding the formation, powers, and procedures of the Administrative Court,

The Federal Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act may be cited as the "Administrative Court Act, 2076 (2019)."

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

(a) "Court" means the Administrative Court formed pursuant to Section 3.

(b) "Chairperson" means the Chairperson of the Court.

(c) "Employee" means an employee working in the civil service of the Government of Nepal, the Nepal Health Service, the Nepal Federal Parliament Service, or in the service of a public institution, and the term also denotes the following persons:-
(1) Teachers working in community schools,
(2) Employees serving in the Provincial Civil Service established pursuant to Provincial law, any other government service, or in the service of an institution in which the Provincial Government has more than fifty percent ownership,
(3) Employees of local levels.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(e) "Member" means a member of the Court, and the term also denotes the Chairperson.

(f) "Public Institution" means the following institutions:-
(1) A company, bank, corporation, authority, public corporation, foundation, board, center, council, or a school receiving regular grants from the Government of Nepal, in which the Government of Nepal has ownership or control of fifty percent or more of the shares or assets, and other organized institutions of a similar nature,
(2) A regulatory body formed pursuant to the prevailing federal law,
(3) Any other institution designated as a public institution by the Government of Nepal by publishing a notice in the Nepal Gazette. 3.
Administrative Court Act, 2019

3. Formation of the Court: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, form an Administrative Court with a Chairperson and Members as follows for the purpose of hearing cases under Section 7 or appeals on matters under that Section:-
(a) A person designated or appointed by the Government of Nepal, on the recommendation of the Judicial Council, from among persons who have been or possess the qualification to be the Chief Judge of a High Court, or who have served in a special class post of the Nepal Judicial Service – Chairperson
(b) One person appointed by the Government of Nepal from among persons retired from a special class post of the Nepal Judicial Service or having obtained a post-graduate degree in law and possessing at least twenty years of experience in the field of law or justice – Member
(c) One person appointed by the Government of Nepal from among persons retired from a special class post of the Civil Service or having obtained a post-graduate degree in any subject and possessing at least twenty years of experience in the field of public administration – Member

(2) The seat of the Court formed pursuant to Sub-section (1) shall be in the Kathmandu Valley, and the territorial jurisdiction of that Court shall extend throughout Nepal.

(3) Notwithstanding anything contained in Sub-section (2), if more than two hundred cases from a Province are registered and pending in the Court under Sub-section (2), the Government of Nepal shall, by publishing a notice in the Nepal Gazette, form a Court under Sub-section (1) with its seat in the capital of that Province. Provided that, in the case of the Province where the Court under Sub-section (2) is located, a separate Court under this Sub-section shall not be formed.

(4) The territorial jurisdiction of the Court formed pursuant to Sub-section (3) shall be as prescribed by the Government of Nepal, on the recommendation of the Judicial Council, by publishing a notice in the Nepal Gazette. While so prescribing jurisdiction, jurisdiction may also be prescribed to extend to other adjacent Provinces in addition to the Province where that Court is located.

(5) If, at the time of formation of a Court under Sub-section (3), any case falling within the territorial jurisdiction of that Court is pending in the Court under Sub-section (2), such case shall be transferred to the Court under Sub-section (3). 4.
Administrative Court Act, 2019

4. Term of Office of Chairperson and Member: (1) Subject to Section 5, the term of office of the Chairperson and Member shall be five years.

(2) Notwithstanding anything contained in Sub-section (1), no person shall be appointed to the office of Chairperson or Member for more than two terms. 5. Circumstances of not Remaining in Office: (1) A Chairperson or Member appointed under this Act shall not remain in office in the following circumstances:-
(a) If the term of office of that person expires under Section 4,
(b) If the resignation submitted by that person from office is accepted by the Government of Nepal,
(c) If the Government of Nepal removes that person from office on the grounds of misconduct, lack of competence, or failure to honestly perform the official duties,
(d) If that person attains the age of sixty-three years,
(e) If that person dies.

(2) Before removing a Chairperson or Member appointed under this Act from office, the Government of Nepal shall give such person a reasonable opportunity to present their defense.

(3) Notwithstanding anything contained in Sub-section (1), if a serving Judge of a High Court is designated as a Member of the Court and that person retires from the office of Judge of the High Court for any reason, such person shall be deemed to have automatically retired from the Court constituted under this Act. The facilities that such retired Judge shall receive shall be as provided in the prevailing law relating to service conditions of that person. 6. Remuneration, Service Conditions and Facilities: The remuneration, facilities and service conditions of the Chairperson and Member appointed under this Act shall be equivalent to those of the Chief Judge and Judge of a High Court, respectively. 7. Jurisdiction of the Court: Amended by Some Nepal Acts Amendment Act, 2082.(1) Notwithstanding anything contained in the prevailing law, the Court shall have the power to hear appeals against decisions or final orders made on the following cases or matters:-
(a) Departmental punishment imposed on an employee pursuant to prevailing law,
(b) Transfer, promotion, or grade promotion of an employee,
(c) Gratuity, pension, or retirement of an employee,
(d) Adjustment of an employee,
(e) Matters relating to other terms of service and facilities of an employee.

(2) Notwithstanding anything contained in Clause (a) or (b) of Sub-section (1), if, under the law relating to the service conditions of an employee, a complaint or appeal against departmental punishment imposed on an employee or regarding promotion lies to any body or official, an appeal to the Court shall lie only after such body or official has decided on that matter. 8.
Administrative Court Act, 2019

8. Exercise of the Court's Jurisdiction: (1) The jurisdiction of the Court shall be exercised collectively by all three Members. Provided that, a bench consisting of one Member may conduct the proceedings of a case, and a bench consisting of two Members including the Chairperson may conduct the proceedings and decide the case.

(2) In a bench consisting of three Members, if there is unanimity among all three Members or a majority of two Members, that opinion shall be considered the decision of the Court.

(3) If there is no unanimity in a bench consisting of two Members, in the case of proceedings, if the bench includes the Chairperson, the action shall be taken according to the opinion of the Chairperson, and if the bench is without the Chairperson, according to the opinion of the senior Member. In the case of a judgment or final order of the case, the matter shall be presented to the Member who was previously absent, and the opinion supported by that Member shall be considered the decision of the Court.

(4) If, when presented to the previously absent Member under Sub-section (3), differing opinions still arise, the opinion of the Chairperson shall be the decision of the Court. 9. Powers of the Court: The Court shall have the following powers:-
(a) To confirm, annul, or partially annul a decision or final order made by the concerned body or official,
(b) If the concerned body or official has omitted to examine any evidence, to examine such evidence or to send the file to the concerned body or official for examining such evidence while keeping the case pending,
(c) If it appears necessary to inquire into any matter from the concerned party, to summon and inquire from that party and cause relevant documents to be submitted. 9a. Added by Some Nepal Acts Amendment Act, 2082.Not to Hear Cases Involving Conflict of Interest: (1) The Chairperson or a Member shall not conduct, hear, or decide a case involving a conflict of interest.
(2) Notwithstanding anything contained elsewhere in this Act, in a case where the Chairperson cannot conduct, hear, or decide the case due to a conflict of interest, a bench of two Members excluding the Chairperson shall conduct, hear, or decide such case. Provided that, a case in which the Chairperson and a Member cannot conduct, hear, or decide due to a conflict of interest shall be sent to the High Court having territorial jurisdiction, and the concerned High Court shall conduct, hear, or decide such case. 10.
Administrative Court Act, 2019

Provided that, a case in which the Chairperson and a Member cannot conduct, hear, or decide due to a conflict of interest shall be sent to the High Court having territorial jurisdiction, and the concerned High Court shall conduct, hear, or decide such case. 10. Submission of Files, Documents or Replies: (1) If the Court orders any body or official to submit any file, document, or any other thing required as evidence in a case, or requests a clarification or reply on any matter, the concerned body or official shall comply with such order within the time specified by the Court.
(2) If, due to failure to comply with an order given by the Court under Sub-section (1), there is an obstacle in conducting or deciding the case, unnecessary harassment is caused to any party, or an adverse effect is caused on the rights of that party, the Court may impose a fine of up to one thousand rupees for each default on the chief of the concerned body or official. Provided that, if the chief of such body or official who has been so punished submits an application to the Court stating reasonable cause for not being able to comply with the Court's order and requesting that the fine not be imposed, and upon examination of the content of such application it appears reasonable, the Court may reduce the amount of such fine or cancel the order imposing the fine. Added by Some Nepal Acts Amendment Act, 2062.10a. Appeal May Be Filed Through District Court: Any documents including petitions, appeals, and written replies to be registered in the Administrative Court under this Act may be registered, and the notices of summons issued by the Court may be served through the concerned District Court. 11. Making an Appeal: (1) An appellant may file an appeal either through the body or official whose decision or final order is being appealed against, or directly with the Court.
(2) If an appellant files an appeal through a body under Sub-section (1), that body shall send such appeal and the file related to that appeal to the concerned Court within seven days.
(3) If, upon examination of an appeal received under Sub-section (1) or (2), it appears to be in proper form and to have clear grounds and sufficient evidence, the Registrar of the Court may register such appeal.
Administrative Court Act, 2019

If it appears not to be in proper form, lacking clear grounds or sufficient evidence, or beyond the time limit, the Registrar shall reject it specifying the same reason.
(4) The matters required to be fulfilled while filing an appeal, the fees chargeable for the appeal, and other arrangements shall be as prescribed.
(5) Notwithstanding anything contained elsewhere in this Act, an employee appealing to the Court regarding a transfer shall, until the final judgment of the Court, report to the transferred office within the time limit prescribed by prevailing law and regularly perform work. 12. Time Limit for Filing Appeal: Notwithstanding anything contained in the prevailing law, while filing an appeal in the Court under this Act, the appeal must be filed within thirty-five days from the date of receiving the notice or information of such decision or final order. Provided that, if a concerned party submits an application stating that the time limit has been missed due to circumstances beyond its control, and upon examination such content appears reasonable, the Court may extend the time limit by up to thirty days. 13. Appeal Not to be Dismissed: Repealed by Some Nepal Acts Amendment Act, 2062 If the person who filed an appeal retires from service or dies before the appeal pending in the Court is settled, the Court shall not dismiss the appeal but shall finally decide it. 14. Period for Rendering Decision: Repealed by Some Nepal Acts Amendment Act, 2062 The Court shall render a decision on a case within one year from the date the appeal is filed before it. 15. Decision of the Court to be Final: The decision of the Court shall be final Repealed by Some Nepal Acts Amendment Act, 2062

16. Repealed by Some Nepal Acts Amendment Act, 2062

17. Obligation to Comply with Decision or Order: It shall be the duty of all concerned to comply with the decisions or final orders made by the Court. 18. Job Not Retained if Not Present: (1) An employee reinstated in service by a judgment of the Supreme Court or the Court shall report to the office within thirty-five days from the date of receiving knowledge of the judgment.
(2) An employee who fails to report to the office within the period under Sub-section (1) shall not retain the job. 19.
Administrative Court Act, 2019

19. Action for Contempt of Court: (1) If anyone obstructs the Court in the performance of its judicial function or disobeys a decision or final order, the Court may initiate action for contempt of court.
(2) While initiating action under Sub-section (1), if the person is found guilty of contempt of court, the Court may sentence the offender to imprisonment for up to one year or a fine of up to ten thousand rupees or both, or pass any other appropriate order.
(3) A person against whom contempt of court proceedings have been initiated may, at any stage before the judgment of the case, apologize before the Court. If the Court is satisfied with the apology, it may stay the proceedings of such case.
(4) Notwithstanding anything contained elsewhere in this Section, if a person sentenced for contempt of court offers an apology satisfactory to the Court, the Court may order that such sentence not be executed, or be reduced, commuted, or may set conditions and order that the sentence not be executed upon fulfillment of such conditions. 20. Provision Regarding Registrar: (1) There shall be one Registrar from the gazetted first class of the Nepal Judicial Service in the Court to act as the administrative chief of the Court, under the general direction and control of the Chairperson.
(2) The functions, duties, and powers of the Registrar under Sub-section (1) shall be as follows:-
(a) To register petitions and appeals brought for registration in the Court, and to reject them if they cannot be registered,
(b) To register the vakalatnama if the appellant appoints a legal practitioner,
(c) To cause the deposit of fees chargeable under prevailing law on appeals filed in the Court,
(d) To issue summons and notices of the Court, cause service thereof, and issue necessary directives in that regard,
(e) To adjourn the dates and terms of parties to a case according to law and arrange matters related to dates,
(f) To prepare and publish the annual report of the Court,
(g) To implement or cause to be implemented the decisions of the Court,
(h) To perform other functions related to case work,
(i) To perform other functions as prescribed.
(3) The Registrar under Sub-section (1) may, as required, delegate any of the powers vested in that person to any officer or employee under that person's authority. 21. Provision Regarding Employees: Other employees required by the Court shall be provided by the Government of Nepal. 22.