chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Water Supply Corporation Act, 1989

6.5 If the person whose facility has been discontinued pursuant to Sub-section (6.4) pays the new consumer fee and the outstanding amount pursuant to Sub-section (6.3), the Corporation may again make such facility available. 7. Right to Enter Others' Houses or Lands:

If it is necessary for a person authorized by the Corporation to enter another person's house or land in the course of the Corporation's work, such person may enter by giving prior notice to the person using such house or land at that time. Provided that, if there are reasonable grounds to suspect misuse or theft of drinking water, in the course of investigation, at times other than night time from sunset to sunrise, the Chairperson or an officer of the Corporation designated by him/her may enter without giving prior notice. 8. Constitution of Board of Directors:

Amended by the Third Amendment. 8.1 For the operation, supervision and management of the functions of the Corporation, a Board of Directors consisting of the following members is constituted:-

8.1.1 A person designated or appointed by the Government of Nepal from among persons having experience in water supply management — Chairperson

8.1.2 Representative (Gazetted First Class), Amended by the Some Nepal Acts Amendment Act, 2062. Ministry of Water Supply — Member

8.1.3 Representative (Gazetted First Class), Ministry of Health and Population (looking after public health) — Member

8.1.4 The chief of one municipality designated by the Government of Nepal from among the municipalities served by the Corporation — Member

8.1.5 Two women representatives from among the consumer institutions engaged in the protection of consumer interests, designated by the Government of Nepal — Member

8.1.6 One person designated by the Government of Nepal from among experts relating to drinking water quality — Member

8.1.7 One person designated by the Government of Nepal from among institutions engaged in environmental conservation — Member

8.1.8 Managing Director, Nepal Water Supply Corporation — Member-Secretary

8.2 Removed by the First Amendment. 8.3 The Government of Nepal may, if it considers necessary, by notification published in the Nepal Gazette, make necessary additions, deletions or changes in the members of the Board of Directors. 8.4 The Committee may, if it considers necessary, invite any foreign or domestic expert or advisor to participate in a meeting of the Board of Directors as an observer. 9. Procedure Relating to Meetings of Committee:

9.1 A meeting of the Committee shall be held on such date, time and place as designated by the Chairperson as required. 9.2 If more than fifty percent of the total number of members of the Committee are present, the quorum for the meeting of the Committee shall be deemed to have been fulfilled.
Nepal Water Supply Corporation Act, 1989

9.2 If more than fifty percent of the total number of members of the Committee are present, the quorum for the meeting of the Committee shall be deemed to have been fulfilled. 9.3 The meeting of the Committee shall be presided over by the Chairperson, and in his/her absence, a member chosen by the members from among themselves shall preside over the meeting. 9.4 The opinion of the majority shall prevail in a meeting of the Committee, and in case of a tie, the Chairperson may cast a casting vote. 9.5 A decision of the Committee shall be certified by the Member-Secretary of the Committee. 9.6 Other procedures relating to the meeting of the Committee shall be determined by the Committee itself. Added by the First Amendment. 9A. Acts Not to be Invalid:

No act of the Board of Directors shall be invalid only by reason of the vacancy of the office of any member of the Board of Directors. 10. May Constitute Sub-Committee:

10.1 The Committee may, as required, constitute various sub-committees for the smooth operation of its functions. 10.2 The Committee may, if it deems necessary, allow sub-committees constituted pursuant to Sub-section (10.1) outside the Kathmandu Valley to operate water supply plans on the basis of financial and management autonomy. 11. Amended by the First Amendment. Arrangement of Chairperson and Managing Director:

Amended by the First Amendment. 11.1 The Chairperson of the Corporation may be designated or appointed by the Government of Nepal. Amended by the First Amendment. 11.2 The Government of Nepal shall appoint the Managing Director of the Corporation. 11.3 The term of office of the Chairperson and Managing Director shall be as determined by the Government of Nepal. 11.4 Arrangements relating to the remuneration, terms of service and facilities of the Chairperson and Managing Director shall be as prescribed. 12. Provision Relating to Employees:

12.1 The Corporation may appoint employees as required. 12.2 Arrangements relating to the remuneration, terms of service and facilities of the employees of the Corporation shall be as prescribed. 13. Prohibition on Members of Committee and Employees of Corporation:

Members of the Committee, employees and advisors of the Corporation shall not become directly or indirectly interested in contracts or leases with the Corporation. 14. Fund of Corporation:

14.1 There shall be a separate Fund of the Corporation.
Nepal Water Supply Corporation Act, 1989

13. Prohibition on Members of Committee and Employees of Corporation:

Members of the Committee, employees and advisors of the Corporation shall not become directly or indirectly interested in contracts or leases with the Corporation. 14. Fund of Corporation:

14.1 There shall be a separate Fund of the Corporation. The following amounts shall be kept in such Fund:-
14.1.1 Amount received from the Government of Nepal,
14.1.2 Amount received through the Government of Nepal from any foreign government or international or foreign institution,
14.1.3 Amount accruing from the movable and immovable property of the Corporation,
14.1.4 Tariffs and service fees received for providing drinking water or drainage facility, and amounts of additional fees and fines,
14.1.5 Amount received from any other source for the Corporation. 14.2 All amounts of the Corporation shall be deposited in an account opened in the name of the Corporation in the Nepal Rastra Bank or any commercial bank. 14.3 All expenses to be borne on behalf of the Corporation shall be borne from the Fund pursuant to Sub-section (14.1). 14.4 The operation of the account of the Corporation shall be as prescribed. 15. Accounts and Audit of Corporation:

15.1 The accounts of the Corporation shall be kept in the form and manner determined by the Committee with the approval of the Government of Nepal. 15.2 The audit of the Corporation shall be conducted by the Office of the Auditor General. 15.3 The Government of Nepal may, if it so desires, inspect or cause to inspect the account related documents and cash or kind of the institution at any time. 16. Acquisition of Land:

16.1 The Government of Nepal may, for the following purposes, acquire and provide necessary land for the Corporation pursuant to the prevailing law:-
16.1.1 To construct a reservoir,
16.1.2 To construct any structure relating to drinking water and drainage,
16.1.3 To carry out other works necessary for the fulfillment of the objectives of the Corporation. 17. May Lay Pipelines Through Public or Private Houses or Lands:

17.1 While implementing a plan relating to drinking water and drainage, if it is necessary to lay a drinking water or drainage pipeline through a public or any private house or land and take it from one place to another, the Corporation may lay the pipeline according to the same plan. 17.2 While laying a drinking water or drainage pipeline pursuant to Sub-section (17.1), the Corporation shall lay the pipeline causing as little damage as possible to the public or any private house or land.
Nepal Water Supply Corporation Act, 1989

17.2 While laying a drinking water or drainage pipeline pursuant to Sub-section (17.1), the Corporation shall lay the pipeline causing as little damage as possible to the public or any private house or land. 17.3 The Corporation shall pay compensation according to the prevailing rate to the house or land owner for the damage caused while laying a drinking water or drainage pipeline pursuant to Sub-section (17.1), or shall repair the damaged house or land and restore it to its original condition. 18. Prohibition on Acts:

18.1 No person shall do or cause to do any of the following acts:-
18.1.1 To damage, break, or cause any kind of harm to a drinking water source, reservoir, or any other structure relating to drinking water and drainage,
Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. 18.1.2 To pollute drinking water or a drinking water source,
18.1.3 To install a tap from the drinking water pipeline without the permission of the Corporation,
18.1.4 To consume water by removing the drinking water meter without notifying the Corporation,
18.1.5 To draw water by installing any device from the drinking water pipeline,
18.1.6 To break or damage a drinking water meter,
18.1.7 To connect a drainage outlet to the Corporation's sewer line without the approval of the Corporation, or to throw or place any solid substance into the sewer so as to block it,
18.1.8 To steal, damage, destroy, or cause harm to a drinking water or drainage pipeline managed by the Corporation,
18.1.9 To break, damage, or cause any kind of harm to a drainage outlet or manhole,
18.1.10 To obstruct or oppose the functions of the Corporation relating to drinking water and drainage. Added by the First Amendment. 18.1.11 To carry out any construction work that may cause damage to a pipeline laid for water distribution or drainage. 19. Penalty:

19.1 A person who does or causes to do an act contrary to Sub-section (18.1.1) shall be liable to recovery of the loss, and a fine of up to ten thousand rupees, or imprisonment for up to five years, or both. Added by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. 19.1A A person who does or causes to do an act contrary to Sub-section (18.1.2) shall be liable to imprisonment for up to three years, or a fine of up to thirty thousand rupees, or both. 19.2 The Corporation or any sub-committee designated by the Corporation pursuant to Section 10 may impose a fine as follows on a person who does or causes to do the following acts:-
19.2.1 Removed by the Some Nepal Acts Amendment Act, 2062.
Nepal Water Supply Corporation Act, 1989

19.2 The Corporation or any sub-committee designated by the Corporation pursuant to Section 10 may impose a fine as follows on a person who does or causes to do the following acts:-
19.2.1 Removed by the Some Nepal Acts Amendment Act, 2062. 19.2.2 For doing or causing to do an act contrary to Sub-section (18.1.3), a fine of up to five thousand rupees,
19.2.3 For doing or causing to do an act contrary to Sub-section (18.1.5) or (18.1.6), a fine of up to three thousand rupees,
19.2.4 For doing or causing to do an act contrary to Sub-section (18.1.7), a fine of up to two thousand rupees,
19.2.5 For doing or causing to do an act contrary to Sub-section (18.1.8) or (18.1.9), a fine equal to the loss of the stolen, damaged or destroyed item, and an additional fine of up to two thousand rupees,
19.2.6 For doing or causing to do an act contrary to Sub-section (18.1.4) or (18.1.10), a fine of up to one thousand rupees,
19.2.7 For any person, other than as mentioned above, doing or causing to do any act contrary to this Act or the regulations made under this Act, a fine of up to one thousand rupees considering the nature of the offence. Added by the First Amendment. 19.3 The Corporation may impose a fine of up to five thousand rupees on a person who does or causes to do an act contrary to Sub-section (18.1.11), and the Corporation may demolish such construction work itself or cause the person who built it to demolish it. If the Corporation has to demolish it itself, the Corporation shall recover the cost incurred in the demolition from the concerned person. 20. Appeal:

A person dissatisfied with an order of punishment given pursuant to Sub-section (19.2) may, within thirty-five days from the date of receipt of such order of punishment, file an appeal in the concerned High Court, and the decision of the High Court shall be final. 21. Recovery as Government Arrears:

From a person who does not pay the tariff, service fee, additional fee imposed under this Act, and the amount of fine imposed by the Corporation or sub-committee pursuant to Section 19, the Corporation may recover such tariff, service fee, additional fee and fine amount as government arrears. 22. Delegation of Powers:

22.1 The Committee may, as required, delegate the powers vested in it under this Act or the Added by the First Amendment. rules or regulations made under this Act to the Chairperson, any member of the Committee, or a sub-committee. 22.2 Amended by the First Amendment.
Nepal Water Supply Corporation Act, 1989

22. Delegation of Powers:

22.1 The Committee may, as required, delegate the powers vested in it under this Act or the Added by the First Amendment. rules or regulations made under this Act to the Chairperson, any member of the Committee, or a sub-committee. 22.2 Amended by the First Amendment. The Chairperson or the Managing Director may, as required, delegate the powers vested in them to any authorized employee of the Corporation. 23. Government of Nepal May Give Directions:

The Government of Nepal may give directions to the Corporation from time to time. It shall be the duty of the Corporation to comply with such directions. 24. Power of Government of Nepal:

24.1 If the Corporation does or attempts to do any act contrary to this Act, the Government of Nepal may give an order to stop such act. 24.2 If the Government of Nepal determines that the work required to be done by the Corporation has been completed, or that the Corporation has not complied with the work, duty or order or direction to be performed by itself, or that it is not necessary to maintain the Corporation, the Government may dissolve the Corporation at any time. 24.3 If the Corporation is dissolved pursuant to Sub-section (24.2), the rights and liabilities of such Corporation shall devolve upon the Government of Nepal. 25. Contact with Government of Nepal:

When contacting the Government of Nepal, the Corporation shall do so through Amended by the Some Nepal Acts Amendment Act, 2062. the Ministry of Water Supply. Added by the First Amendment. 25A. Power to Make Rules:

The Government of Nepal may make necessary rules to implement the objectives of this Act. 26. Power to Make Regulations:

The Corporation may, subject to this Act, with the approval of the Government of Nepal, make necessary regulations to systematize its internal functions. 27. Dissolution:

(1) After the commencement of this Act, the Water Supply and Drainage Institution established by the notification of the Government of Nepal, Ministry of Water Resources, published in the Nepal Gazette Part 3, Volume 34, Number 14 dated 2041 Shrawan 1, shall be dissolved.

(2) The functions being performed by the Institution dissolved pursuant to Sub-section (1) and the rights and liabilities of that Institution shall devolve upon the Corporation established under this Act.

(3) The employees working in the Institution dissolved pursuant to Sub-section (1) shall devolve upon the Corporation established under this Act.
National Dalit Commission Act, 2017

National Dalit Commission Act, 2074 (2017)

Date of Certification
2074.6.29 (October 15, 2017)

Amending Acts

1. Some Nepal Acts Amendment Act, 2075 (2018) 2075.11.19 (March 3, 2019)

Act Number 24 of the year 2074 (2017)

Preamble: Whereas, it is expedient to make necessary provisions with respect to the National Dalit Commission to respect the human rights of the Dalit community and to protect and promote their rights and interests, to empower that community, and to effectively integrate them into the mainstream of nation-building and development by ending caste-based discrimination and untouchability;

The Legislature-Parliament has enacted this Act in accordance with subsection (1) of Article 296 of the Constitution of Nepal. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "National Dalit Commission Act, 2074 (2017)."

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

(a) "Chairperson" means the Chairperson of the Commission and that term also includes the Acting Chairperson.

(b) "Commission" means the National Dalit Commission established pursuant to Article 255 of the Constitution. Omitted by the Some Nepal Acts Amendment Act, 2075.(c)

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

(e) "Dalit community" means the community defined by the Government of Nepal upon the recommendation of the Commission.

(f) "Member" means a member of the Commission and that term also includes the Chairperson.

(g) "Constitution" means the Constitution of Nepal. Chapter-2

Functions, Duties, and Powers of the Commission

3.
National Dalit Commission Act, 2017

Chapter-2

Functions, Duties, and Powers of the Commission

3. Functions, Duties, and Powers of the Commission: In addition to the functions, duties, and powers mentioned in Article 256 of the Constitution, the other functions, duties, and powers of the Commission shall be as follows: -

(a) To review, monitor, and evaluate policies and programs related to the Dalit community,

(b) To study and research the existing legal provisions concerning Dalits and recommend to the Government of Nepal necessary reforms in such laws for the protection and promotion of the rights and interests of the Dalit community and the empowerment of that community,

(c) To make recommendations to the Government of Nepal regarding the protection and promotion of the rights and interests of the Dalit community and the empowerment of that community,

Amended by the Some Nepal Acts Amendment Act, 2075.(d) To increase social awareness against ideas, behaviors, practices or caste-based discrimination, untouchability, or social evils that show hierarchy among individuals or communities based on caste, tribe, or origin, justify social discrimination on the basis of caste or tribe, or are based on caste supremacy or hatred, and to prepare and distribute advocacy materials for such purposes,

Amended by the Some Nepal Acts Amendment Act, 2075.(e) To formulate and implement necessary information, awareness-raising, and educational programs for the protection and promotion of the rights and interests of the Dalit community and for the empowerment of such “community,”

Amended by the Some Nepal Acts Amendment Act, 2075.(f) To monitor the implementation of international treaties and agreements to which Nepal is a party concerning the Dalit community and to make necessary recommendations or suggestions to the Government of Nepal for “implementation,”

(g) To conduct detailed study and research on the identity of the Dalit community and recommend to the Government of Nepal to list the surnames,

(h) To review, monitor, and evaluate awareness-raising programs conducted by the Government of Nepal and other organizations for the protection, promotion, and empowerment of the rights and interests of the Dalit community,

(i) To cause monitoring of the implementation status of recommendations made by the Commission,

(j) To formulate and implement a code of conduct for the Chairperson, Members, and employees of the Commission,

(k) To approve the annual program of the Commission. 4. May Seek Advice and Consultation: The Commission may consult with or seek advice from other constitutional bodies, government offices, or public institutions regarding its work and proceedings. 5.
National Dalit Commission Act, 2017

4. May Seek Advice and Consultation: The Commission may consult with or seek advice from other constitutional bodies, government offices, or public institutions regarding its work and proceedings. 5. May Engage the Services of Experts: If any work to be performed in accordance with the Constitution, this Act, and prevailing federal law cannot be accomplished by the human resources working in the Commission, the Commission may, stating the reason therefor, engage the services of experts in accordance with prevailing federal law. 6. May Form Committees or Task Forces: (1) For the purpose of performing any work of a special nature relating to the Commission, the Commission may, by specifying the working procedure, form any committee or task force.

(2) The terms of reference of a committee or task force formed under subsection (1) shall be as determined by the Commission at the time of forming such committee or task force.

(3) While forming a committee or task force under subsection (1), representation must be ensured on the basis of the principle of proportional inclusion also within the Dalit community as provided for in the Constitution. 7. May Coordinate and Cooperate: The Commission may, as necessary, coordinate and cooperate with government bodies or public institutions. Chapter-3

Procedure Relating to Complaint Proceedings

8. May Lodge Complaints: (1) If any person or institution has caused caste-based discrimination, untouchability, or social evil, or has denied the rights of Dalits, the victim or any person on their behalf may lodge a written or oral complaint before the Commission regarding such matter.

(2) Upon receiving a complaint under subsection (1), the Commission shall register such complaint in the register book as prescribed.

(3) If the Commission receives information through any other means related to a matter under subsection (1), the Commission shall record such information in writing and register it in the register book pursuant to subsection (2).

(4) No fee shall be charged for lodging a complaint before the Commission under this Act. 9. Preliminary Inquiry and Action: (1) The Commission shall conduct a preliminary inquiry upon the complaint received under subsection (1) of Section 8 or information received under subsection (3) thereof.

(2) While conducting a preliminary inquiry under subsection (1), if it appears prima facie that an adverse effect has been caused to the rights and interests of Dalits, the Commission may immediately order the relevant person, body, or office bearer to stop such act. 10.
National Dalit Commission Act, 2017

10. Inquiry into Complaint: (1) If, upon conducting a preliminary inquiry under Section 9, it appears that an adverse effect has been caused to the rights and interests of the Dalit community, the Commission may, itself or by forming a committee as necessary or through an authorized officer employee, conduct or cause to be conducted an inquiry into such complaint as prescribed.

(2) While conducting an inquiry under subsection (1), the Commission, the inquiry committee, or the authorized officer employee shall have the following powers: -

(a) To call any person and take information,
(b) To require any person to produce any document or evidence,
(c) To make spot inspections as necessary,
(d) To request any government or public office to provide any document or its copy related to the subject of the investigation.

(3) Upon completion of the inquiry under subsection (1), the report thereof shall be submitted to the Commission.

(4) Other provisions relating to the inquiry of complaints shall be as prescribed. 11. When Inquiry Not to Be Made: Notwithstanding anything contained in Section 9 or 10, the Commission shall not conduct an inquiry or proceedings on a matter that is being investigated or has already been investigated by some other body in accordance with prevailing law. 12. Recommendation for Filing a Case: (1) If, during the inquiry under Section 10, it appears that a case needs to be filed, the Commission shall, within the limitation period for filing a case on such matter, make a recommendation to the Amended by the Some Nepal Acts Amendment Act, 2075. relevant body to file a case, and also inform the concerned person thereof.

(2) While making a recommendation under subsection (1), the Commission may also provide to the relevant body copies of facts, documents, and evidence collected during the inquiry that may assist in filing the case.

(3) If a written request to prosecute the case is made under subsection (1), the Amended by the Some Nepal Acts Amendment Act, 2075. concerned body shall conduct the necessary investigation of that matter and decide whether or not to institute proceedings. 13. May Dismiss a Complaint: (1) If, upon inquiry under Section 9 or 10, the complaint appears to be unfounded, the Commission may, stating the reason therefor, dismiss such complaint.

(2) If the Commission decides to dismiss a complaint under subsection (1), it shall inform the concerned complainant within seven days from the date of such decision. 14.
National Dalit Commission Act, 2017

14. Provisions Relating to Mediation: (1) Notwithstanding anything contained elsewhere in this Act, if the concerned parties jointly submit an application requesting mediation regarding any complaint pending before the Commission, the Commission may cause mediation to be done on matters that are subject to compromise in accordance with prevailing law.

(2) After mediation is done under subsection (1) regarding any complaint, no complaint shall lie again on other matters except regarding the non-implementation of the mediation agreement.

(3) Other provisions relating to mediation shall be as prescribed. 15. Implementation of Recommendation or Decision: (1) The Commission shall send a written communication to the concerned person, body, or office bearer for the implementation of its recommendation or decision made in accordance with the Constitution or this Act.

(2) If a written communication is received from the Commission under subsection (1), the concerned person, body, or office bearer shall implement it and inform the Commission accordingly.

(3) If the matter communicated in writing by the Commission under subsection (1) cannot be implemented for any reason, the concerned office bearer, person, or body shall immediately inform the Commission of the reason therefor.

(4) Upon receiving information under subsection (3), the Commission may reconsider and decide on such matter and accordingly send a written communication to any person, body, or office bearer to implement any matter. Chapter-4

Operation of the Commission

16. Office of the Commission: (1) For the operation of the Commission, there shall be a central office of the Commission in the Kathmandu Valley.

(2) The Commission may establish offices in provinces as required. 17. Meeting of the Commission: (1) The functions to be performed under the Constitution or this Act shall be performed by a decision of the meeting of the Commission.

(2) The meeting of the Commission shall be held on the date, time, and place specified by the Chairperson as required.

(3) The Secretary of the Commission shall send a notice, specifying the date, time, and place of the meeting, together with the agenda of subjects to be discussed at the meeting, to all Members generally forty-eight hours before the meeting.

(4) If any Member desires to discuss any subject in addition to the subjects mentioned in the agenda under subsection (3), he/she shall give a notice to the Secretariat of the Commission, stating the subject and reason for such discussion, at least twenty-four hours before the meeting.
National Dalit Commission Act, 2017

Upon receiving such notice, the Secretary of the Commission shall inform all Members thereof, and such subject shall be deemed to have been included in the agenda of the meeting of the Commission.

(5) Notwithstanding anything contained in subsections (3) and (4), with the consent of all Members present at the meeting of the Commission, a subject not included in the agenda may also be discussed and decided upon.

(6) If more than fifty percent of the Members currently holding office in the Commission are present, it shall be deemed to constitute a quorum for the meeting of the Commission.

(7) The Chairperson shall preside over the meeting of the Commission.

(8) Decisions of the Commission shall be made by a majority of votes, and in case of a tie, the Chairperson shall cast the deciding vote.

(9) The Secretary of the Commission shall prepare a record of the decision of the Commission and maintain it with the signatures of the Chairperson and Members.

(10) Amended by the Some Nepal Acts Amendment Act, 2075. An officer of the Nepal Civil Service, gazetted first class, shall act as the Secretary of the Commission. Until such an employee is appointed, the most senior employee of the Commission shall act as the Secretary of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 18. Not to Participate in Decision-Making Process if There Is Conflict of Interest: If any Member of the Commission has an interest, concern, or stake in any matter pending before the Commission, or if a close relative of his/her is directly affected, such Member shall inform the Commission of such fact in advance and shall not participate in the decision-making process of the Commission on such matter. 19. Division of Work: The division of work among the Chairperson and Members shall be as specified by the Commission. 20. To Act as Acting Chairperson: In case the office of the Chairperson becomes vacant for any reason, Amended by the Some Nepal Acts Amendment Act, 2075. if he/she is unable to perform his/her duties pursuant to clause (6) of Article 101 of the Constitution, has gone on a foreign visit, or remains on leave for more than seven days, the senior-most Member of the Commission shall act as the Acting Chairperson of the Commission. 21. No Hindrance to the Work and Proceedings of the Commission: The work and proceedings of the Commission shall not be hindered merely by reason of the vacancy in the seat of any Member. Omitted by the Some Nepal Acts Amendment Act, 2075

Chapter-5

Miscellaneous

22.
National Dalit Commission Act, 2017

21. No Hindrance to the Work and Proceedings of the Commission: The work and proceedings of the Commission shall not be hindered merely by reason of the vacancy in the seat of any Member. Omitted by the Some Nepal Acts Amendment Act, 2075

Chapter-5

Miscellaneous

22. Organizational Structure and Employees of the Commission: (1) The organizational structure and staffing of the Commission shall be as approved by the Government of Nepal.

(2) Employees required for the operation of the Commission shall be provided by the Government of Nepal. 23. To Observe Dignity of Office and Conduct: (1) The Chairperson and Members of the Commission shall observe the following dignity of office: -

(a) To discharge their official duties independently, impartially, and honestly in order to protect and promote the rights and interests of the Dalit community and to empower the Dalit community,
(b) Not to do any act that disturbs relations among different castes, communities, and sects.

(2) The Chairperson and Members of the Commission shall observe the conduct of office as provided for in this Act or prevailing law. 24. To Provide Cooperation in Work and Proceedings: If the Commission requests the cooperation of any body or office bearer in the course of performing its functions, it shall be the duty of such body or office bearer to provide such cooperation. 25. May Send Written Communication for Implementation: If any body or office bearer knowingly fails to implement an order, decision, or recommendation given by the Commission, or fails to provide necessary cooperation to the Commission, under the Constitution or this Act, the Commission may send a written communication to the controlling body or authority of such body or office bearer for the implementation of such matter. 26. Annual Report: In the annual report to be submitted to the President by the Commission in accordance with Article 294 of the Constitution, the following subjects shall also be included in addition to other matters: -

(a) Details of the implementation and cost expenditure of the annual program of the Commission,
(b) Details of complaints lodged with the Commission and details of decisions and orders made by the Commission on such complaints,
(c) Details of suggestions given by the Commission to the Government of Nepal or any other body and recommendations made to such body,
(d) Status of implementation of suggestions and recommendations under clause (c),
(e) Financial and physical resources of the Commission and the status of their utilization,
(f) Details of other work and proceedings carried out in relation to the fulfillment of the duties to be performed by the Commission under this Act. 27.
National Dalit Commission Act, 2017

27. Contact with Government of Nepal: The Commission shall maintain contact with the Government of Nepal through Amended by the Some Nepal Acts Amendment Act, 2075. the Ministry of Federal Affairs and General Administration. 28. Delegation of Powers: The Commission may, as required, delegate any of the powers conferred upon it under the Constitution and this Act to the Chairperson, Member, Government of Nepal, Provincial Government, any body, or any authorized employee of a local government, subject to the prescribed conditions, for exercise and fulfillment. 29. Power to Make Rules: (1) The Commission may make necessary rules for the implementation of this Act.

(2) If the rules made under subsection (1) include matters involving financial burden or liability on the Government of Nepal, the Commission shall Amended by the Some Nepal Acts Amendment Act, 2075. obtain the consent of the Government of Nepal, Ministry of Finance.

(3) The rules made by the Commission under subsection (1) shall come into force from the date of publication in the Nepal Gazette. 30. Power to Issue Directives: The Commission may, for the smooth operation or cause of operation of its work, issue necessary directives under this Act and the rules made under this Act. 31. Repealed by the Some Nepal Acts Amendment Act, 2075. 32. Protection of Acts Done in Good Faith: No legal proceedings shall be instituted against any office bearer, employee, or any person deputed by the Commission in respect of any act done in good faith pursuant to Amended by the Some Nepal Acts Amendment Act, 2075. this Act or the rules made under it. 33. Repeal and Saving: (1) The National Dalit Commission formed pursuant to the notice published in the Nepal Gazette on Chaitra 6, 2058 (March 20, 2002) is hereby dissolved.

(2) The work and proceedings done by the Commission under subsection (1) shall be deemed to have been done under this Act.

(3) The office bearers holding office in the National Dalit Commission under subsection (1) at the time of the commencement of this Act shall automatically vacate their office after the commencement of this Act. Repealed by the Some Nepal Acts Amendment Act, 2075. Schedule
Greater Janakpur Area Development Council Act, 1998

Greater Janakpur Area Development Council Act, 2055

Royal Seal and Publication Date
2055.3.29

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.0.7
2. Some Nepal Acts Amendment Act, 2072 2072.11.13
3. Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 2075.11.19

Act No. 5 of the year 2055



An Act Made to Establish and Make Provision for the Greater Janakpur Area Development Council

Preamble: Whereas it is desirable to establish and make provision for a Greater Janakpur Area Development Council for the protection, maintenance and development of monasteries, temples, ponds and sites of religious, historical and archaeological importance within Janakpur and its secondary (Panchakoshi) pilgrimage area, and for the planned development of the Greater Janakpur area as a well-managed pilgrimage site and religious area by developing infrastructure for social, economic and cultural development,

Now, therefore, Parliament has enacted this Act in the twenty-seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Greater Janakpur Area Development Council Act, 2055".

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

(a) "Greater Janakpur Area" means the area including Dherakachuri, Janakpur Hanumannagar, Bahuarwa Behadabela, Tulsiyahi Jabdi, Matihani, Jaleshwar, Madai, Dhruvakunda, Kanchanban (Harinmari), Parwatta, Dhanusha Dham, Satopar, and Aurahi within the secondary (Panchakoshi) pilgrimage route.

(b) "Secondary (Panchakoshi) Pilgrimage" means the pilgrimage that starts from Falgun Shukla Pareva Tithi and lasts until Falgun Purnima, which has been traditionally conducted considering Janakpurdham within the Greater Janakpur Area as the center.

(c) "Council" means the Greater Janakpur Area Development Council established pursuant to section 3.

(d) "Governing Council" means the Governing Council constituted pursuant to section 6.

(e) "Committee" means the Executive Committee constituted pursuant to section 9.

(f) "Chairperson" means the Chairperson of the Governing Council.

(g) "Member" means a member of the Governing Council, and the said term shall also refer to the Chairperson and Member-Secretary of the Council.

(h) "Member-Secretary" means the Member-Secretary of the Governing Council.

(i) "Executive Director" means the Executive Director under section 17.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Establishment of the Greater Janakpur Development Council: (1) A Council named "Greater Janakpur Area Development Council" is established for the social, economic and cultural development within the secondary pilgrimage area.

(2) The central office of the Council shall be located at Janakpurdham. 4.
Greater Janakpur Area Development Council Act, 1998

3. Establishment of the Greater Janakpur Development Council: (1) A Council named "Greater Janakpur Area Development Council" is established for the social, economic and cultural development within the secondary pilgrimage area.

(2) The central office of the Council shall be located at Janakpurdham. 4. Council to be a Body Corporate: (1) The Council shall be an autonomous and corporate body with perpetual succession.

(2) The Council shall have a separate seal for the conduct of its business.

(3) The Council may, like an individual, purchase, acquire, hold, sell or otherwise dispose of movable and immovable property as required.

(4) The Council may sue and be sued in its own name. 5. Objectives of the Council: The objectives of the Council shall be as follows:-

(a) To develop infrastructure for social, religious, economic and cultural development of the Greater Janakpur Area.

(b) To protect and manage places of religious, historical, archaeological importance and various heritages within the Greater Janakpur Area.

(c) To identify, search and conduct research on monasteries, temples, ponds or other sites of ancient, historical, religious, cultural and archaeological importance within the Greater Janakpur Area.

(d) To carry out necessary works to maintain environmental balance in the Greater Janakpur Area.

(e) To develop the Greater Janakpur Area as a tourist destination. 6.
Greater Janakpur Area Development Council Act, 1998

6. Formation of the Governing Council: (1) For acting as the supreme body of the Council, a Governing Council consisting of the following members shall be constituted:

(a) Person designated by the Government of Nepal - Chairperson

(b) Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(c) Chairperson, Guthi Sansthan - Member

(d) Amended by the Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075.Joint Secretary, Ministry of Forests and Environment - Member

(e) Director General, Department of Archaeology - Member

(f) Director General, Department of Tourism - Member

(g) Director General, Department of Housing and Urban Development - Member

(h) Director General, Department of Buildings - Member

(i) Deleted by the Some Nepal Acts Amendment Act, 2072

(j) Chiefs of Municipalities within Dhanusha and Mahottari Districts - Member

(k) Chief District Officers of Dhanusha and Mahottari Districts - Member

(l) Two persons nominated by the Government of Nepal from among nationally renowned scholars and social workers - Member

(m) Four persons nominated by the Council, including two from among renowned and distinguished social workers of Dhanusha and Mahottari Districts - Member

(n) Four persons nominated by the Council from among saints, mahants and priests within the Greater Janakpur Area - Member

(o) Chairpersons of Village Executive of Village Development Committees falling on the secondary (Panchakoshi) pilgrimage route, nominated by the Council in rotation so that up to four persons are represented at one time - Member

(p) Executive Director - Member-Secretary

(2) The term of office of the Chairperson shall be four years and that of nominated members shall be two years.

(3) If a member's position becomes vacant before the expiry of the term, the vacancy shall be filled for the remaining term by the same procedure through which that position was filled.

(4) The Governing Council may, if it deems necessary, invite any expert to attend a meeting of the Governing Council as an observer. 7.
Greater Janakpur Area Development Council Act, 1998

7. Meetings and Decisions of the Governing Council: (1) Meetings of the Governing Council shall be held on such date, time and place as the Chairperson may specify as required.

(2) The Member-Secretary shall give notice of the meeting of the Governing Council to the members at least seven days in advance.

(3) If more than fifty percent of the total number of members of the Governing Council are present, the quorum for a meeting of the Governing Council shall be deemed to be fulfilled.

(4) The meeting of the Governing Council shall be presided over by the Chairperson, and in the absence of the Chairperson, the members present at the meeting shall elect a member from among themselves to preside over the meeting.

(5) The opinion of the majority shall prevail at a meeting of the Governing Council, and in case of a tie, the person presiding over the meeting shall have a casting vote.

(6) The names of members present, subjects discussed, and decisions made at each meeting of the Governing Council shall be recorded in a separate decision book and signed by the members present.

(7) The decisions of the Governing Council shall be certified and kept by the Member-Secretary.

(8) Other procedures relating to meetings of the Governing Council shall be as determined by the Governing Council itself. 8. Functions, Duties and Powers of the Governing Council: The functions, duties and powers of the Governing Council shall be as follows:-

(a) To formulate policies and plans relating to the development of the Greater Janakpur Area and to approve various programs.

(b) To mobilize financial resources and assistance required for the implementation of plans and programs.

(c) To organize or cause to organize meetings, conferences, seminars or exhibitions at national and international levels to showcase the importance of the Greater Janakpur Area.

(d) To, taking into account the importance, sanctity and sensitivity of any particular place within the Greater Janakpur Area, prescribe acts prohibited in such places and to prohibit and regulate them.

(e) To maintain coordination among agencies conducting development and construction activities within the Greater Janakpur Area from the governmental, non-governmental and private sectors.

(f) To approve the staff establishment of the Council.

(g) To give necessary directives concerning the work and activities carried out by the Committee.

(h) To monitor and evaluate the work done by the Committee.

(i) To carry out other acts required to be done for the fulfillment of the objectives of the Council under this Act. 9.
Greater Janakpur Area Development Council Act, 1998

9. Formation of the Executive Committee: (1) An Executive Committee shall be constituted to implement the plans and programs approved by the Governing Council and to conduct and supervise all business of the Council.

(2) The Committee under sub-section (1) shall consist of the following members:-

(a) Chairperson of the Council - Chairperson

(b) Deleted by the Some Nepal Acts Amendment Act, 2072

(c) Chiefs of Janakpur and Jaleshwar Municipalities - Member

(d) Chief District Officers of Dhanusha and Mahottari Districts - Member

(e) Chiefs of Housing and Urban Development Offices of Dhanusha and Mahottari Districts - Member

(f) Four persons nominated by the Government of Nepal on the recommendation of the Council, including two from each district from among social workers, intellectuals and local distinguished persons of Dhanusha and Mahottari Districts - Member

(g) One person nominated by the Council from among saints, mahants and priests who are members of the Council - Member

(h) Executive Director - Member-Secretary

(3) The term of office of the members nominated pursuant to clauses (f) and (g) of sub-section (2) shall be two years. 10. Meetings of the Committee: (1) Meetings of the Committee shall be held on such date, time and place as the Chairperson may specify as required.

(2) The Member-Secretary shall give notice of the meeting of the Committee to the members at least seven days in advance.

(3) If more than fifty percent of the total number of members of the Committee are present, the quorum for a meeting of the Committee shall be deemed to be fulfilled.

(4) The meeting of the Committee shall be presided over by the Chairperson, and in the absence of the Chairperson, the members present at the meeting shall elect a member from among themselves to preside over the meeting.

(5) The opinion of the majority shall prevail at a meeting of the Committee, and in case of a tie, the person presiding over the meeting shall have a casting vote.

(6) The decisions of the Committee shall be certified and kept by the Member-Secretary.

(7) Other procedures relating to meetings of the Committee shall be as determined by the Committee itself. 11.