chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Medical Council Act, 1964

15. Action on Application: (1) All applications received for the registration of name in the Register Book under sub-section (1) of Section 14 shall be sent directly to the Registrar, and the Registrar shall submit all applications to the committee Amended by the Third Amendment. designated for this purpose by the Council.

(2) The committee shall, after proper inquiry into whether the applicant is a person qualified as mentioned in the Schedule and whether his application is in order, submit a report to the Council detailing all matters.

(3) Upon consideration of the report submitted by the committee under sub-section (2), the Council shall do as follows:-

(a) If the applicant is a person qualified as mentioned in the Schedule, his application is in order according to the rules, and he has paid the fee prescribed in the rules in this regard, direct the Registrar to register his name in the Register Book,

(b) If the application is not in order according to the rules, or the applicant has not deposited the fee, or the applicant does not possess the qualifications as mentioned in the Schedule, refuse to register his name in the Register Book and notify the applicant stating the reasons thereof.

(4) If the name of any applicant could not be registered in the Register Book under clause (b) of sub-section (3) due to his application not being in order or the applicant not paying the fee, and if such applicant submits another application after fulfilling the requirements and deposits the fee, his name shall not be refused for registration in the Register Book solely on the ground that it could not be registered earlier.

(5) If the Council directs the registration of any applicant's name pursuant to clause (a) of sub-section (3), the Registrar shall register the name of such person in the Register Book and issue a certificate thereof to him. 16. Furnishing of Evidence, Notice and Particulars upon Registration: Persons whose names are to be registered in the Register Book pursuant to sub-section (2) of Section 14, or persons applying under sub-section (1) of the same Section for registration of name in the Register Book, shall furnish to the Registrar the following evidence, particulars and notice:-

(a) Certificates of degrees, academic qualifications, and other evidence and documents as prescribed by the Council as necessary,

(b) If his name is registered in the register book of any medical council, board or similar institution of a foreign country, details thereof stating his qualification or degree, registration number and date as registered in that register book,

(c) An affidavit stating that he will perform his duties according to this Act and the rules. 17.
Nepal Medical Council Act, 1964

17. Power of Council to Order Removal from and Re-registration in Register Book: (1) The Council may order the removal of the name of any registered medical practitioner from the Register Book in the following circumstances:-

(a) If he has been punished by a court for a criminal offense involving moral turpitude, or

(b) If he is found guilty of any unprofessional conduct by a two-thirds majority of the total number of members of the Council.

(2) If a person whose name has been removed from the Register Book pursuant to sub-section (1) applies to the Council for re-registration of his name in the Register Book stating a reasonable cause, and if it seems reasonable to register his name, the Council may direct the Registrar to register his name upon payment of the fee prescribed in this regard in the rules of the Council; and upon such direction, the Registrar shall register the name accordingly and issue a certificate thereof. Amended by the Third Amendment. Provided, however, that in case of removal of name from the Register Book under this Act, his name shall not be re-registered pursuant to this sub-section without at least a period of two years having elapsed from the date of such removal. 18. Dissolution of Council: (1) If the Government of Nepal considers that the Council has been unable to exercise the powers vested in it under this Act and the rules, or has been constantly abusing its powers, or has been exercising powers beyond those vested, or has been unable to perform its duties under the Act or rules, the Government of Nepal shall notify the Council to remedy or correct such matter.

(2) If the Council fails to remedy or correct its acts or proceedings pursuant to the notice given under sub-section (1), the Government of Nepal may dissolve the Council and, until another Council is formed, Amended by the Third Amendment. may form an Interim Executive Board to carry out the functions usually performed by the Council under this Act and the rules and regulations made thereunder.

(3) After the Council is dissolved under sub-section (2), the fund and other property of the former Council shall be kept under the custody of the Amended by the Third Amendment. Interim Executive Board formed pursuant to sub-section (2), and after the formation of a new Council, such fund and property shall be handed over to the newly formed Council.

(4) After the dissolution of the Council under sub-section (2), the Government of Nepal shall, generally within three months of such dissolution, cause a new Council to be formed pursuant to Section 4. 19.
Nepal Medical Council Act, 1964

19. Appeal: (1) A person aggrieved by any decision or act of the Registrar under this Act may appeal to the Council within 35 days from the date of such decision or act. Added by the First Amendment. (2) A person aggrieved by a decision of the Council under this Act may appeal to the High Court within thirty-five days from the date of the decision. Amended by the First Amendment.20. Removal of Name from Register Book: The Council shall form an Inquiry Committee consisting of five registered medical practitioners to inquire and submit a report in the following circumstances; and based on the report submitted by such committee, the Council may remove the name of such person from the Register Book:-

(a) If the name of any person has been registered in the Register Book by fraud or mistake,

(b) If any registered medical practitioner has become incapable of carrying on the medical profession due to mental illness. Amended by the First Amendment.21. Recognition by the Government of Nepal: Amended by the Third Amendment. (1) The Council may grant recognition to degrees, diplomas, certificates or other qualifications related to medical science. Added by the Second Amendment. (1A) Degrees, diplomas, certificates or other qualifications granted recognition Amended by the Third Amendment. by the Council pursuant to sub-section (1) shall be included in the Schedule.

(2) A person obtaining a degree, diploma, certificate or other qualification from a foreign institution related to medical science shall submit an application to Amended by the Third Amendment. the Council for recognition of such qualification.

(3) Upon receipt of an application under sub-section (2), Amended by the Third Amendment. the Council may grant recognition to such degree, diploma, certificate or qualification. The degree, diploma, certificate or qualification recognized thus shall be included in the Schedule. Added by the Second Amendment.21A. Power to Demand Details: The Council may, from time to time, demand details from medical institutions granting degrees, diplomas, certificates or other qualifications recognized under sub-section (1) of Section 21 regarding the curriculum prescribed for such degrees, diplomas, certificates or other qualifications and the conditions prescribed for admission; and it shall be the duty of such institution to provide such details. 21B. Inspection of Examinations: (1) The Council may appoint and send inspectors to inspect examinations for degrees, diplomas, certificates or other qualifications recognized under sub-section (1) of Section 21. The inspector appointed thus shall submit a report to the Council stating the details prescribed by the Council regarding the examination inspected by him.
Nepal Medical Council Act, 1964

The inspector appointed thus shall submit a report to the Council stating the details prescribed by the Council regarding the examination inspected by him. Provided, however, that the inspector shall not be allowed to make any kind of interference in such examination.

(2) If, upon consideration of the details received under Section 21A and the report submitted by the inspector under sub-section (1), the Council considers that the curriculum, admission conditions and examination procedure determined by the relevant medical institution for any degree, diploma, certificate or other qualification recognized under sub-section (1) of Section 21 are not appropriate and sufficient, the Council shall submit its report in this regard Amended by the Third Amendment. to the University or teaching institution with which such medical institution is affiliated. Amended by the Third Amendment.21C. Withdrawal of Recognition: (1) The relevant University or teaching institution shall, upon receipt of the report under sub-section (2) of Section 21B, adopt the procedure as prescribed, conduct necessary inquiry, and submit its opinion and determination to the Government of Nepal.

(2) The Government of Nepal shall, in relation to the opinion and determination received from the University or teaching institution under sub-section (1), consult with the Council and issue necessary directives to the Council concerning such medical institution.

(3) The Council shall make necessary decisions in accordance with the directives given by the Government of Nepal under sub-section (2).

(4) A decision by the Council under sub-section (3) to remove the recognition of such medical institution from the Schedule, or to remove from the Schedule the recognition of degrees, diplomas, certificates or other qualifications in medical science granted by such medical institution after a specified date, shall be published in the Nepal Gazette. Added by the Third Amendment.21D. Special Examination May be Conducted: In order to maintain the required standard in medical science, the Council may conduct an examination as prescribed before registering the name of medical practitioners desiring to register their name in the Council under this Act. 22. Repealed by the First Amendment. 23. Repealed by the First Amendment. 24. Repealed by the First Amendment. 25. Bar to Filing Suits and Other Legal Proceedings: No suit, complaint or other legal proceedings shall lie in any court against the Government of Nepal, the Council or the Registrar for any act done in exercise of the powers conferred by this Act or the rules, except as provided in this Act or the rules. 26. Prohibition on Practice of Medical Profession by Persons Not Registered in Register Book: (1) No person other than registered medical practitioners shall practice modern medicine, directly or indirectly.
Nepal Medical Council Act, 1964

26. Prohibition on Practice of Medical Profession by Persons Not Registered in Register Book: (1) No person other than registered medical practitioners shall practice modern medicine, directly or indirectly. Added by the Second Amendment. (1A) Persons whose names are registered in a health-related professional council formed pursuant to the prevailing law may practice such medical profession as specified by the Government of Nepal by notification published in the Nepal Gazette, subject to the Drugs Act, 2034.

(2) Omitted by the First Amendment.

(3) If any person commits an offense under this Section, he shall be liable to Amended by the Act Relating to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074. imprisonment for up to three years and a fine of up to thirty thousand rupees. Added by the Act Relating to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074. (4) If any person causes death, mutilation, or other injury, loss or damage to any person due to an offense under this Act, the offender shall be liable to pay reasonable compensation to the affected victim, and in case of his death, to his successor. 27. Punishment for Using Medical Qualification Title: (1) No person shall, with the intent to practice medicine related to modern medicine, write or cause to be written any degree, diploma, certificate, license or qualification in modern medicine which he has not obtained, prefixed to his name.

(2) If any person is found guilty of an offense contrary to sub-section (1), he shall be liable to Amended by the First Amendment. imprisonment for up to three years or a fine of up to three thousand rupees or both. 28. Prosecution:

(a) If the Council is of the opinion that it is necessary to prosecute any person or institution for violation of the provisions of this Act, the Council may pass a motion proposing prosecution and submit it to the Government of Nepal.

(b) The Government of Nepal may authorize any officer in writing to conduct the proceedings of such case. 29. Regarding Certification by Registered Medical Practitioners: A registered medical practitioner shall have the right to do the following:-

(a) Issue birth and death certificates pursuant to Nepal law,

(b) Sign and certify medical or physical and mental fitness certificates and issue certificates pursuant to Nepal law. 30. Repealed by the Third Amendment. Added by the Third Amendment.30A.
Nepal Medical Council Act, 1964

30. Repealed by the Third Amendment. Added by the Third Amendment.30A. Delegation of Powers: (1) The Government of Nepal may delegate the powers vested in it under this Act to the Council or the head of any other body or institution other than the head of the Council.

(2) The Council may delegate the powers vested in it under this Act or the rules or regulations made thereunder to the Chairperson, Vice-Chairperson, Member, committee of members, Registrar or any other officer or employee. Amended by the Third Amendment.31. Power to Alter and Amend Schedule: The Government of Nepal may, after taking the opinion of the Council, by notification in the Gazette, alter or amend the Schedule. 32. Power to Make Rules: (1) The Government of Nepal may, after taking the opinion of the Council, make rules for the purpose of implementing this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for the following matters:-

(a) Prescribing the meetings of the Council and its procedure,

(b) Prescribing the method for electing members of the Council pursuant to Section 4,

(c) Prescribing the powers and duties of the Chairperson and members of the Council,

(d) Managing the fund and property of the Council,

(e) Remunerating the Chairperson and members of the Council,

(f) Making necessary provisions regarding the service conditions, salary, allowances, punishment and dismissal of the Registrar and other employees,

(g) Prescribing the form of the Register Book of registered medical practitioners to be maintained under this Act,

(h) Publishing the list related to medical practice,

(i) Determining the fees and application forms to be collected under this Act,

(j) Prescribing the method of forming committees, their duties and powers,

(k) Keeping accounts,

(l) Collecting and publishing the Register Book,

(m) Prescribing the manner of hearing appeals by the Council against decisions of the Registrar,

(n) Making provisions for other matters necessary for the smooth functioning of the Council. 33. Regulations: (1) Subject to this Act and the rules, the Council may make regulations for other necessary matters, and such regulations shall require the approval of the Government of Nepal.

(2) The Council may amend such regulations by a two-thirds majority of its members, and if it deems appropriate to amend this Act, it may pass a proposal by a two-thirds majority of members and recommend it to the Government of Nepal. Schedule

1. Basic Academic Degrees and Licenses in Medical Science granted by Universities and Teaching Institutions of various countries recognized by the Nepal Medical Council:-

 S.No. Country Name Name of University or Teaching Institution Name of Recognized Academic Degree and License

 1 Nepal 1.
Nepal Medical Council Act, 1964

Bact, D.T.C.D., Diploma in Clinical Pathology (D.C.P.), Diploma in Gynecology and Obstetrics (D.G.O.), Diploma in Child Health (D.C.H.) and Diploma in Public Health (D.P.H.), Master's and Doctor degrees, Doctor of Medicine (M.D.), Master of Surgery (M.S.), M.Ch., C.H.M., Master of Public Health (M.P.H.) granted by the universities or teaching institutions of India mentioned above. 4. For the purpose of name registration, the Licentiate in Medicine and Surgery granted by the United Examining Board of the United Kingdom and the Royal College of Physicians and Surgeons is recognized. The Licentiate in Dentistry granted by the Dental Faculty of the Royal College of Surgeons, London is recognized. 5. The Council may register a name on the basis of the above-mentioned degree, diploma, certificate, license or qualification awarded by the above-mentioned university or teaching institution, subject to the completion of internship or house job or preregistration training for the period specified by the Council at a health institution designated by the Council, and subject to other provisions contained in the Act and the rules and regulations made thereunder. 6. The M.B.B.S. or equivalent qualifications in modern medicine and the B.D.S. or equivalent qualifications in modern dentistry shall be considered as basic educational qualifications for name registration. 7. In the name registration certificate, a medical practitioner shall be mentioned as "Medical Practitioner" and a dental practitioner shall be mentioned as "Dental Practitioner". 8. If the professional council or licensing board or equivalent body of the countries where the above-mentioned universities or teaching institutions awarding degrees, diplomas, certificates, licenses or qualifications in modern medicine are located does not consider such degrees, diplomas, certificates, licenses or qualifications as eligible for name registration, the Nepal Medical Council shall also not consider them eligible for name registration. 9. The validity of name registrations already made on the basis of degrees, diplomas, licenses, certificates or qualifications recognized by the Council prior to the commencement of this Schedule shall remain intact.
Scholarship Act, 1964

SCHOLARSHIP RELATED ACT, 2021

Royal Seal and Publication Date
2021.05.13

Amending Acts

1. Scholarship Related (First Amendment) Act, 2025 2025.05.27
2. Scholarship Related (Second Amendment) Act, 2033 2033.06.10
3. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.07.24

Certification and Publication Date
This Act came into force from Shrawan 17, 2063.4. Act Made to Amend Some Nepal Acts Relating to Education and Sports, 2063 2063.09.14
This Act came into force from Jestha 15, 2065.5. Act for the Consolidation of the Republic and Amendment of Some Nepal Laws, 2066 2066.10.07
6. Act to Amend Some Nepal Acts, 2072 2072.11.13
7. Act Made to Amend Some Nepal Acts Relating to Education, 2077 2077.03.11
8. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act No. 3 of the Year 2021

Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Act Made to Provide for Certain Legal Provisions Relating to Scholarships Granted by or through the Government of Nepal

Preamble: Whereas it is expedient to make certain legal provisions relating to scholarships granted by or through the Government of Nepal,

His Majesty King Mahendra Bir Bikram Shah Dev has, with the advice and consent of the National Panchayat, enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Scholarship Related Act, 2021".

(2) This Act shall extend throughout Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and shall also apply to every Nepali citizen wherever residing outside Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act, "Scholarship" shall mean a financial grant or facility provided by the Government of Nepal for any study, research or training, a financial grant or facility or technical assistance provided to the Government of Nepal by any foreign country, international or other donor agency, or any domestic or foreign educational institution, and said term shall also denote other facilities designated as scholarship by the Government of Nepal by publishing a notice in the Nepal Gazette. 3. Scholarship Not to Be Given to Persons Other Than Nepali Citizens: A scholarship shall not be granted to any person other than a citizen of Nepal. 3A. Scholarship to be Reserved: Out of the scholarships received by the Government of Nepal, scholarships shall be reserved for persons who are indigent, women, persons with disabilities, Janajati and Dalit, and persons from specified remote areas, as specified.
Scholarship Act, 1964

3A. Scholarship to be Reserved: Out of the scholarships received by the Government of Nepal, scholarships shall be reserved for persons who are indigent, women, persons with disabilities, Janajati and Dalit, and persons from specified remote areas, as specified. Explanation: For the purpose of this Section, "indigent" means a specified person, from amongst those who have studied in community schools, recommended by the concerned Amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipality or Municipality stating the reason of indigence. 3B. Approval (No Objection Letter) Required: (1) A Nepali citizen shall not go abroad for higher education without prior approval of the Ministry of Education, Science and Technology.

(2) A Nepali citizen desirous of going abroad for higher education shall submit an application to the Ministry of Education, Science and Technology, stating details as prescribed, along with a fee as prescribed, for approval.

(3) Upon examining the application received pursuant to sub-section (2), if the contents of the application appear reasonable, the Ministry of Education, Science and Technology shall grant approval to the applicant to go abroad for higher education in a format as prescribed. Removed by the Act to Amend Some Nepal Acts, 2082

(4) If a person who has obtained approval to go abroad for study pursuant to sub-section (3) submits an application to the Ministry of Education, Science and Technology to obtain foreign currency exchange facility for such study, the said Ministry may recommend for providing such foreign currency exchange facility to the applicant as prescribed.

(5) Notwithstanding anything contained elsewhere in this Section, in the case of a government employee, it shall be as per the provisions contained in the prevailing law relating to his/her terms of service. 4. Obligations of Person Receiving Scholarship: (1) A person receiving a scholarship shall report to the Ministry of Education, Science and Technology or his/her concerned department within three months from the date of completion of his/her study period.

(2) If the Government of Nepal so desires, within one year from the date of submission of the report pursuant to sub-section (1), it may require such person to serve for up to five years in any service or post of the Government of Nepal or in any post of any institution or corporation owned by or receiving financial assistance from the Government of Nepal, and it shall be the duty of the concerned person to render service accordingly.
Scholarship Act, 1964

5. Penalty: (1) If any foreign citizen fraudulently obtains a scholarship by claiming to be a Nepali citizen, he/she shall, in addition to the punishment provided by any other Nepal law, be liable to imprisonment for a term of up to five years, or a fine of up to ten thousand rupees, or both, after recovery of the misappropriated amount.

(2) If a foreign citizen obtains a scholarship by being certified or causing to be certified as a Nepali citizen, the person who so certifies or causes to certify shall, in addition to the punishment provided by any other Nepal law, be liable to imprisonment for one year and a fine of two thousand rupees.

(2A) If a person who has gone to study on a scholarship pursuant to this Act does not return to contact the Ministry of Education, Science and Technology after completing the study, he/she shall be subject to a fine equivalent to the total expenses incurred for his/her study on such scholarship and the amount equal to any grant (donation) provided by the Government of Nepal or any institution.

(3) If any person violates any condition under Section 4, he/she shall be liable to the following penalties:-

(a) If he/she does not work or leaves work at the post and place designated by the Government of Nepal pursuant to sub-section (2) of Section 4, after recovery of the misappropriated amount, a fine of up to ten thousand rupees,

(b) If, except in case of incapacity due to physical or mental illness or having obtained prior approval from the Government of Nepal, he/she discontinues studying or undergoing training mid-way without completing the period as per the condition, after recovery of the misappropriated amount, a fine of up to five thousand rupees,

(c) For violation of any other condition, a fine of up to five thousand rupees.

(4) For the purpose of sub-section (3), if any person claims that a person is incapacitated due to physical or mental illness, he/she must get such fact certified by the Amended by the Act Made to Amend Some Nepal Acts Relating to Education and Sports, 2063. Nepal Medical Board. 6.
Scholarship Act, 1964

Nepal Medical Board. 6. Special Provisions Relating to Persons Who Received Scholarship Before this Act Came into Force: (1) A person who has been studying or undergoing training by receiving a scholarship from or through the Government of Nepal before this Act came into force shall also comply with the provisions set forth in Section 4, and if such person fails to comply with those provisions, the misappropriated amount shall be recovered from him/her, and the Government of Nepal shall have the authority to cancel or cause to cancel the scholarship he/she is receiving.

(2) Except where exemption is granted by publishing a notice in the Gazette, any person who has completed study or training by receiving a scholarship from or through the Government of Nepal before this Act came into force must work at the post and place designated by the Government of Nepal for at least five years within one year from the date this Act comes into force. If he/she does not work as such, or refuses to work, or having started work, leaves mid-way without completing the said period, the Government of Nepal may recover the misappropriated amount from him/her. 7. Determination of Misappropriated Amount by Government of Nepal: (1) While recovering the misappropriated amount under this Act, the Government of Nepal shall determine the misappropriated amount based on the subject, level, duration, and the country and institution for study or training under the scholarship.

(2) Amended by the Act Made to Amend Some Nepal Acts Relating to Education and Sports, 2063. While determining the misappropriated amount pursuant to sub-section (1), in case of study in a technical or non-technical subject, the misappropriated amount shall be determined equal to the tuition fee charged by the concerned teaching institution and any grant amount paid, if any.

(3) Removed by the Act Made to Amend Some Nepal Acts Relating to Education and Sports, 2063.

(4) Removed by the Act Made to Amend Some Nepal Acts Relating to Education and Sports, 2063.

(5) No question shall be raised before the authority hearing cases under this Act or any court concerning the misappropriated amount determined by the Government of Nepal pursuant to this Section.

(6) The misappropriated amount under sub-section (2) shall be recovered from the property of the person going to study on the scholarship as if it were a government dues. 7A. Government of Nepal May Cancel Passport: The Government of Nepal may cancel the passport of a person residing outside Nepal Added by the Second Amendment. who violates a condition under Section 4. 7B.
Scholarship Act, 1964

7A. Government of Nepal May Cancel Passport: The Government of Nepal may cancel the passport of a person residing outside Nepal Added by the Second Amendment. who violates a condition under Section 4. 7B. To be According to Agreement: Notwithstanding anything contained elsewhere in this Act, if there are separate terms and conditions regarding scholarships in bilateral or multilateral understandings or agreements made between the Government of Nepal and any foreign friendly nation or any institution, it shall be as mentioned in such understanding or agreement in relation to such scholarship. Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077.7C. Examination for Scholarship: The examination for scholarship under this Act shall be conducted Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. at such time as specified by the Ministry of Education, Science and Technology. 8. Government of Nepal to be Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. Repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043.9. 10. Power of Government of Nepal to Make Rules: (1) The Government of Nepal may make rules for the purpose of implementing the objectives of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), rules may be made on the following matters as well:-

(a) Approving the subject of scholarship,
(b) Method of selecting candidates,
(c) Extending the duration of scholarship,
(d) Change of subject by a person who has received a scholarship in one subject,
(e) Reporting after the completion of study or training, and
(f) Granting study leave to government employees.
Prison Act, 2022

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Prisons Act, 2079".
(2) This Act shall commence on the thirty-first day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-
(a) "Court" means the Supreme Court, High Court or District Court and the word also includes a court, other judicial body or official authorized by law to conduct proceedings and adjudicate certain types of criminal cases.
(b) "Prison" means a house, room or any other place of similar nature built or used for imprisoning or detaining a detainee, and the word also includes the precincts of such house, room or place and its boundary wall.
(c) "Prison Office" means the administrative office that manages and operates the prison.
(d) "Prison Administrator" means an officer level employee assigned as the head of the Prison Office for the management and operation of the prison pursuant to this Act.
(e) "Convicted Prisoner" means a person who is in prison having been sentenced by a court judgment.
(f) "Open Prison" means any place designated by the Government of Nepal where a convicted prisoner may go outside the place where they are kept at specified times to perform some work.
(g) "Prescribed" or "as prescribed" means prescribed or as prescribed in this Act or in the rules made under this Act.
(h) "Undertrial Prisoner" means a person who is in judicial custody for the purpose of investigation of an offense or awaiting trial, and the word also includes a person who is in detention pursuant to prevailing law.
(i) "Minor" means a child who has not completed the age of eighteen years.
(j) "Provincial Prison" means a prison operated and managed under the provincial government.
(k) "Detainee" means a convicted prisoner or an undertrial prisoner.
(l) "Detainee Record Book" means the detainee record register maintained pursuant to Section 13.
(m) "Ministry" means the Ministry of Home Affairs of the Government of Nepal.
(n) "Department" means the Department of Prison Management under the Ministry.
(o) "Special Prison" means a special prison as referred to in Section 40.
(p) "Special Security Cell" means a special type of secure place built within a prison to keep detainees of a sensitive nature from a security perspective.
(q) "Federal Prison" means a prison operated and managed under the Government of Nepal. Chapter-2
Department and Prisons

3.
Prison Act, 2022

Chapter-2
Department and Prisons

3. Department: (1) There shall be one Department of Prison Management under the Ministry.
(2) The Government of Nepal shall assign a first class gazetted officer of the Federal Civil Service as the Director General of the Department, and that person shall work as the head of the Department.
(3) There shall be the required number of employees in the Department. 4. Duties, Functions and Powers of the Department: In addition to the duties, functions and powers mentioned elsewhere in prevailing law and this Act, the duties, functions and powers of the Department shall be as follows:-
(a) To formulate necessary policies relating to prison management and submit them to the Ministry,
(b) To determine necessary standards regarding matters including services and facilities for detainees,
(c) To develop prisons as reform homes and formulate and implement necessary plans to engage detainees in productive work along with psycho-social counseling,
(d) To determine the basis and standards for the transfer of detainees,
(e) To carry out necessary structural and administrative work to make prisons gender-friendly and disability-friendly,
(f) To carry out work related to remission of sentence pursuant to prevailing law,
(g) To monitor, inspect and supervise prisons. 5. Establishment of Prisons: (1) The Government of Nepal may establish prisons as necessary.
(2) The Government of Nepal shall designate a prison established pursuant to sub-section (1) as a Federal Prison or a Provincial Prison based on factors including security sensitivity, physical infrastructure, management capacity, administrative convenience and geographical location.
(3) Notwithstanding anything contained in sub-section (2), prisons established as Open Prisons or Special Prisons shall automatically remain as Federal Prisons.
(4) The Government of Nepal shall designate the prisons existing at the time of commencement of this Act as Federal Prisons or Provincial Prisons based on the grounds mentioned in sub-section (1). 6. Management of Prisons: (1) The Government of Nepal shall manage Federal Prisons established or designated pursuant to Section 5, and the concerned Provincial Government shall manage Provincial Prisons.
(2) Until the Government of Nepal designates the prisons existing at the time of commencement of this Act as Federal Prisons or Provincial Prisons pursuant to sub-section (4) of Section 5, the Government of Nepal shall manage such prisons.
(3) The Ministry shall carry out work related to the management of the Prison Administrator and other employees in Federal Prisons.
(4) The Provincial Government shall carry out work related to the management of the Prison Administrator and other employees in Provincial Prisons.
Prison Act, 2022

Provided that until employees are arranged by the Provincial Government, the Government of Nepal shall assign employees of the Federal Civil Service for the management of Provincial Prisons.
(5) The concerned Chief District Officer shall be responsible for arranging oversight, coordination and security of prisons within their district. 7. Duties, Functions and Powers of the Prison Administrator: (1) In addition to the duties, functions and powers pursuant to this Act and other prevailing laws, the duties, functions and powers of the Prison Administrator shall be as follows:-
(a) To carry out or cause to be carried out the internal management of the prison,
(b) To keep or cause to be kept securely the case files, Detainee Record Books, documents and goods entrusted to them pursuant to prevailing law,
(c) To carry out or cause to be carried out necessary work for the proper management of detainees in the prison, and while managing thus, to pay attention to the special needs arising from factors such as the age, gender, or disability of any detainee,
(d) To maintain tight security arrangements in the prison, to inspect them from time to time, and to always keep the prison under their supervision and surveillance,
(e) To give necessary instructions to security personnel and other employees deployed in the prison for managing the prison,
(f) To make necessary arrangements to provide free legal aid to detainees as required,
(g) To arrange or cause to be arranged necessary moral reform and psycho-social counseling for detainees,
(h) To follow or cause to be followed instructions given by the Ministry, Department, Provincial Government and Chief District Officer regarding prison management.
(2) The Prison Administrator shall also be accountable to the Chief District Officer of the concerned district.
(3) The Prison Administrator shall reside in the government accommodation assigned to them and shall generally obtain permission from the Chief District Officer before leaving the prison and going elsewhere.
(4) The Prison Administrator may delegate some of the powers conferred upon them pursuant to this Act to subordinate employees as necessary. Provided that the power to impose a fine pursuant to Section 52 shall not be delegated.
(5) The Prison Administrator shall prepare an annual report as prescribed and submit it to the concerned Ministry of the Provincial Government and the Department. 8.
Prison Act, 2022

Chapter-3
Placing Detainees in Prison

9. Undertrial Prisoner Warrant or Convicted Prisoner Warrant to be Issued: (1) Before imprisoning or detaining any person pursuant to prevailing law, an undertrial prisoner warrant or convicted prisoner warrant shall be issued, and no undertrial or convicted prisoner shall be kept as a detainee in a prison without such a warrant.
(2) If a person is required to be detained by a court order for investigation or trial of an offense pursuant to sub-section (1), such person shall be sent to the prison with an undertrial prisoner warrant containing the following details:-
(a) The matter for which the order to detain for investigation or trial on what accusation,
(b) Brief description of the offense,
(c) Period of detention,
(d) The court ordering the detention.
(3) If a person who has been sentenced to imprisonment by a court judgment is required to be imprisoned, such person shall be sent to the prison with a convicted prisoner warrant containing the following details:-
(a) Brief description of under which law the offense was proven and what sentence is to be awarded,
(b) The court that passed the judgment and the date of judgment,
(c) Details of the sentence imposed for the offense according to the judgment,
(d) The remaining period to be spent in imprisonment,
(e) Details if in judicial custody.
(4) If a person is required to be imprisoned for non-payment of a fine imposed by a court judgment, such person shall be sent to the prison with a convicted prisoner warrant containing the following details:-
(a) Details of under which law how much fine was imposed,
(b) The court that passed the judgment and the date of judgment,
(c) The amount of fine to be adjusted per day of imprisonment,
(d) The period to be spent in imprisonment if the fine is not paid.
(5) In addition to the matters mentioned in the convicted prisoner warrant pursuant to sub-section (3) or (4), the court shall send a letter to the concerned Prison Office containing the name, surname, domicile, age, complexion, physical description of the person to be imprisoned, the name, surname, address, age of their father, mother and husband or wife, and if the person is a Nepali citizen, the citizenship number, issuing district and date, and if a foreign citizen, the passport number, details of visa, country issuing the passport, date of issue.
(6) If any detainee does not receive the warrant given to them pursuant to sub-section (2), (3) or (4), the employee responsible for delivering the warrant shall have an employee of the concerned local level or any office under it as a witness, get their signature on that warrant, and keep it.
Prison Act, 2022

10. Searching: (1) When a person is sent to be kept in a prison pursuant to Section 9, before allowing them to enter the prison, their body shall be searched by security personnel deployed for security purposes. While searching thus, in the case of a woman, the search shall be conducted by a female security personnel.
(2) If, during the search pursuant to sub-section (1), there are information technology devices such as cameras, mobile phones, SIM cards, personal computers, laptops, iPads, or valuable items such as cash, gold, silver, jewelry with that person, and if their spouse or a member of their immediate family is immediately present, a receipt shall be obtained in their presence and handed over to that person or family member, and if such person is not immediately available, the Prison Administrator shall keep a record of such items in the register book and keep such goods securely in the prison.
(3) If, during the search pursuant to sub-section (1), any weapon, contraband, or any object prohibited by prevailing law is found with the person, they shall be allowed to enter the prison only after confiscating such objects, and a letter shall be sent to the concerned authority to initiate necessary action regarding such objects.
(4) Notwithstanding anything contained elsewhere in this section, except for the items mentioned in sub-section (2) or (3), a detainee shall be permitted to keep with them daily use personal items allowed to be taken inside the prison for their use. 11. Medical Examination: (1) After searching a person sent to be kept in a prison pursuant to Section 9 as per Section 10, the Prison Administrator shall have their health examined by a health worker.
(2) While conducting the health examination pursuant to sub-section (1), a record shall be kept of details regarding whether there are any wounds, injuries, bruises on their body and other health conditions. 12. Accepting as Detainee: After a person sent to be imprisoned or detained by an order or judgment of a court after fulfilling the formalities according to this Act and prevailing law is medically examined pursuant to Section 11, the Prison Office shall accept them and make arrangements to keep them imprisoned or detained. 13.
Prison Act, 2022

13. Detainee Record Book: (1) The Prison Administrator shall maintain a Detainee Record Book to keep records of detainees in each prison.
(2) The following details of the detainee and related to the detainee shall be mentioned in the Detainee Record Book:-
(a) Name, surname, address,
(b) If a Nepali citizen, citizenship number, date and district of citizenship issuance and if a national identity card has been taken, its number and date of issue,
(c) If a foreign citizen, the passport number, details of visa, the country issuing the passport, date of issue, and if a foreign citizen without a passport, details revealing their identity,
(d) Name, surname and address of father, mother, husband or wife,
(e) Age, gender and marital status,
(f) Health condition (including reproductive health in the case of women),
(g) Name, address and contact number of contact person,
(h) Name of the case or offense, brief description or reference of the case,
(i) Name and address of the court ordering detention or imposing the sentence,
(j) Date of order or judgment,
(k) Period to be spent in detention or imprisonment,
(l) Details of fine and compensation if imposed,
(m) Date of expiry of the sentence period,
(n) Details of any valuable items in possession.
(3) In addition to the details pursuant to sub-section (2), the Prison Administrator shall keep a record of the photograph of the detainee and the details of thumbprint (biometric) as prescribed.
(4) While maintaining the Detainee Record Book pursuant to this section, a separate register shall be maintained, and an electronic record of such details shall also be kept.
(5) The details of the electronic record pursuant to sub-section (4) shall be sent to the Department. 14.
Prison Act, 2022

14. Not to Detain or Imprison Beyond Prescribed Period: (1) A detainee who has been detained or imprisoned for a specified period shall be immediately released from detention or imprisonment after the expiry of that period, and a detainee who has been ordered not to remain in prison by an authorized official pursuant to prevailing law shall be immediately released.
(2) The Prison Administrator shall record in the Detainee Record Book the fact of having released a detainee from detention or imprisonment pursuant to sub-section (1).
(3) If it appears that any detainee has remained in detention or imprisonment for a longer period than prescribed by prevailing law due to the negligence of the Prison Administrator or any employee, or if it appears that they have not done work that should be done or have done work that should not be done pursuant to this Act, departmental action shall be taken against such employee.
(4) If a detainee has remained in detention or imprisonment beyond the period under sub-section (1), the concerned detainee or their family or relatives may submit an application to the concerned Chief District Officer stating the facts.
(5) Upon submission of an application pursuant to sub-section (4), the Chief District Officer shall have such detainee immediately released from imprisonment or detention and also have compensation as prescribed paid to them.
(6) For a detainee who has served the full sentence period but has no family or relatives, or has them but they are not in contact, or who cannot return to the family due to physical or mental problems even after release, the Prison Administrator may coordinate with the Chief District Officer and entrust such person to a government institution that cares for such persons or to a social organization established for that purpose pursuant to prevailing law. Chapter-4
Prison Infrastructure

15. Separate Accommodation Arrangements: (1) The Prison Administrator shall arrange a suitable place for accommodation for detainees.
(2) In each prison, separate buildings shall be arranged for the accommodation of female and male detainees.