chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Plant Quarantine and Protection Act, 2007

Chapter-2
Provisions relating to Committee and Organization

added by the first amendment.3. Establishment of Committee: (1) There shall be a Plant Quarantine Committee as follows to advise the Government of Nepal on policies related to quarantine of plants and plant products:

(a) Secretary, Ministry - Chairperson
(b) Joint Secretary, Ministry of Industry, Commerce and Supplies (looking after WTO matters) - Member
(c) Joint Secretary, Ministry of Forests and Environment - Member
(d) Director General, Department of Customs - Member
(e) Executive Director, Nepal Agricultural Research Council - Member
(f) Representative, Federation of Nepalese Chambers of Commerce and Industry - Member
(g) Two experts, including at least one woman, nominated by the Government of Nepal - Member
(h) Three persons, including at least one woman, nominated by the Government of Nepal from among farmers, agribusiness persons or agro-entrepreneurs with relevant experience - Member
(i) Chief, Plant Quarantine and Pesticide Management Center - Member-Secretary

(2) The term of office of nominated members under clauses (g) and (h) of sub-section (1) shall be three years, and they may be renominated once.

(3) Notwithstanding anything written in sub-section (2), the Government of Nepal may remove a nominated member at any time if he/she lacks work capacity, has bad conduct, or fails to perform his/her duties honestly. While removing, a reasonable opportunity to present a defense shall be given. 4. Meeting of the Committee: (1) The meeting of the Committee shall be held on such date, time and place as specified by the Chairperson.

(2) The Chairperson shall preside over the meeting of the Committee, and in the absence of the Chairperson, a member chosen by the members present at the meeting from among themselves shall preside.

(3) If fifty-one percent of the total number of members are present at the meeting, it shall be considered to have fulfilled the quorum.

(4) The opinion of the majority at the meeting shall be considered the decision of the Committee, and in case of a tie, the Chairperson shall have the casting vote.

added by the first amendment.(4a) The Committee may, if it deems necessary, invite technical or subject experts to the meeting of the Committee.

(5) The decision of the Committee shall be certified by the Member-Secretary.

(6) Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself.

amended by the first amendment.5.
Plant Quarantine and Protection Act, 2007

6. May designate National Plant Protection Organization: (1) The Government of Nepal may designate, by publishing a notice in the Nepal Gazette, any central level office related to plant protection as the National Plant Protection Organization.

(2) In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Organization shall be as follows:

(a) To prepare standards regarding the health of plants or plant products to be imported or exported and submit them to the Committee for approval,
added by the first amendment.(a1) To prepare a list of regulated pests and, as necessary, review and revise it and submit to the Committee,
(b) To prepare and implement guidelines for testing, examination, inspection and treatment of plants, plant products, biological control agents, beneficial insects and other articles,
added by the first amendment.(b1) To recommend to the Committee on determining fees for export, import, inspection and testing of plants, plant products or other controlled articles,
(c) To identify endangered areas and protect plants and plant products in such areas through quarantine procedures,
(d) To identify pest free areas and areas of low pest prevalence, declare and monitor such areas,
(e) To specify conditions and prohibitions regarding the transport and use of plants, plant products, biological control agents, and beneficial insects,
(f) To act as national coordinator for work related to plants, plant products, beneficial insects, biological control agents or other articles,
added by the first amendment.(f1) To prepare and submit to the Committee a list of experts related to plant quarantine and plant health,
(g) To implement or cause to be implemented the approved standards regarding health of plants or plant products to be imported or exported,
(h) To make arrangements for mutual recognition of import permits and phytosanitary certificates through coordination with plant health bodies of other countries,
(i) To carry out other functions as prescribed. Chapter-3
Provisions relating to Import Permit, Phytosanitary Certificate and Re-export Certificate

7.
Plant Quarantine and Protection Act, 2007

Chapter-3
Provisions relating to Import Permit, Phytosanitary Certificate and Re-export Certificate

7. Must obtain Import Permit: (1) Any person or entity wishing to import plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc. shall obtain an import permit under this Act.

(2) Conditions and prohibitions regarding the import of plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc. under sub-section (1) shall be as specified by the Ministry by publishing a notice in the Nepal Gazette.

(3) Notwithstanding anything written in sub-section (2), if any person brings plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc. for personal or research purposes, the Office may, after charging the prescribed fee and completing the process under this Act, issue an import permit to such person for bringing such plants or plant products into Nepal. 8. Application for Import Permit: (1) Any person or entity wishing to import plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc. under sub-section (1) of Section 7 shall submit an application to the prescribed authority in the prescribed format along with prescribed documents and fee.

(2) Upon examining the application received under sub-section (1), if it appears appropriate to grant permission to import such plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc., the prescribed authority shall issue an import permit to the applicant in the prescribed format.

(3) If it is not appropriate to issue an import permit under sub-section (2), information to that effect shall be given to the concerned person within seven days. 9. Validity of Import Permit: The validity of an import permit shall be three months. 10. Renewal of Import Permit: (1) Any person or entity wishing to renew an import permit shall submit an application for renewal to the prescribed authority at least seven days before the expiry of the permit.

(2) Upon receipt of an application under sub-section (1), the prescribed authority may, after collecting the prescribed fee, renew such import permit for a maximum period of three months.

(3) Upon expiry of the validity period, such import permit shall automatically be cancelled. 11. Must obtain Entry Permission: (1) Prior to importing into Nepal plants, plant products, biological control agents, beneficial insects or growing media such as soil, moss, peat, etc. brought to the entry point for import, entry permission must be obtained.

(2) The procedure for obtaining entry permission under sub-section (1) shall be as prescribed. 12.
Plant Quarantine and Protection Act, 2007

12. May obtain Phytosanitary Certificate for export or re-export: (1) Any person or entity wishing to export plants, plant products, biological control agents or beneficial insects may obtain a phytosanitary certificate.

(2) Any person or entity wishing to re-export to another country plants, plant products, biological control agents or beneficial insects imported into Nepal may obtain a re-export phytosanitary certificate.

(3) Any person or entity wishing to obtain a phytosanitary certificate under sub-section (1) or (2) shall submit an application to the prescribed authority in the prescribed format along with the prescribed fee.

(4) amended by the first amendment.Upon examining the application received under sub-section (3), if it appears appropriate to issue a phytosanitary certificate, the prescribed authority shall issue a phytosanitary certificate or re-export phytosanitary certificate in the prescribed format.

added by the first amendment.(5) While issuing a phytosanitary certificate under sub-section (4), the e-Phyto system may be applied. Explanation: For the purpose of this sub-section, "e-Phyto" means an electronic phytosanitary certificate prepared so that it can be exchanged between countries through computer software according to international standards for plant health. 13. Must obtain permission to take consignment: (1) If a consignment of plants and plant products or other articles in transit is to be taken to another country through Nepal, the concerned person or entity shall submit an application to the Office in the prescribed format along with the prescribed fee.

(2) Upon receipt of an application under sub-section (1), the Office shall examine the documents attached with the application and such consignment.

(3) Upon examination under sub-section (2), if such consignment meets the following conditions, the Office shall grant permission to take such consignment to another country via Nepal:
(a) The consignment is packaged so that pests cannot escape or spread,
(b) The consignment and related documents comply with the import conditions of the destination country for plants or plant products,
(c) The consignment is consistent with the phytosanitary certificate, and
(d) The transport of the consignment does not cause any adverse effect in Nepal. Chapter-4
Provisions relating to Inspection, Testing and Treatment

amended by the first amendment.14.
Plant Quarantine and Protection Act, 2007

Chapter-4
Provisions relating to Inspection, Testing and Treatment

amended by the first amendment.14. May designate Inspector: (1) The Ministry may designate as an Inspector an officer posted in the Crop Protection Group of the Nepal Agriculture Service who has at least a bachelor's degree in agricultural science from a recognized educational institution, or an employee of the technical assistant level in the same service group who has at least five years of experience in quarantine related work.

(2) If employees in the required number are not available for designation as Inspector under sub-section (1), the Ministry may, in consultation with the provincial government, designate as an Inspector an employee of the provincial service who has at least a bachelor's degree in agricultural science from a recognized educational institution. 15. Functions, duties and powers of Inspector: (1) The functions, duties and powers of an Inspector shall be as follows:

(a) To examine and test, as necessary, whether imported plants, plant products, biological control agents, beneficial insects or other articles kept in the testing area, stored or in transit conform to the approved standards,
(b) To inspect or test, as prescribed, whether plants, plant products, biological control agents, beneficial insects or other articles to be imported or exported are infested with pests,
added by the first amendment.(b1) To ensure, as prescribed, whether wood materials to be exported or imported bear logos according to international standards and are certified,
(c) To enter and inspect a testing area, storage place or any other place at any time and, if necessary, search as prescribed,
(d) To stop a container or vehicle containing plants, plant products, biological control agents, beneficial insects or other articles at any place if necessary and search at any time,
(e) If upon examination or testing under clause (a) or inspection under clause (b) or search under clauses (c) and (d), such plants, plant products, biological control agents, beneficial insects or other articles are found infested, to treat them as necessary or order the concerned person to get them treated,
(f) If, upon treatment or causing treatment under clause (e), such plants, plant products, biological control agents, beneficial insects or other articles are not healthy, to take such plants, plant products or articles under control, or destroy as prescribed, or if they need to be returned to the concerned country, immediately inform the Organization and act according to received orders,
(g) To prohibit the sale, distribution or use of infested plants, plant products, biological control agents, beneficial insects or other articles,
(h) To carry out other functions as prescribed.

(2) Other procedures relating to inspection, testing and treatment under sub-section (1) shall be as prescribed. 16.
Plant Quarantine and Protection Act, 2007

16. Fees for inspection, testing and treatment: The fees for inspection, testing or treatment by an Inspector under this Chapter shall be as prescribed by the Ministry by publishing a notice in the Nepal Gazette. Chapter-5
Provisions relating to Pest Control

17. Pest Risk Analysis: (1) The Organization shall conduct pest risk analysis and determine regulated pests.

(2) The Organization shall send the notice of regulated pests determined under sub-section (1) to the Ministry with a recommendation for publication in the Nepal Gazette, and the Ministry shall publish such notice in the Nepal Gazette upon receipt. 18. May give information about Quarantine Pest: If anyone finds or learns of the presence or spread of a quarantine pest in any area, he/she may give such information to the nearest Inspector. 19. May declare Quarantine Pest Affected Area: (1) If a quarantine pest spreads or is likely to spread in any area of Nepal, the Organization may recommend to the Ministry to declare such area as a Quarantine Pest Affected Area.

(2) Upon receipt of such recommendation under sub-section (1), the Ministry may, considering the situation mentioned therein, declare a Quarantine Pest Affected Area by publishing a notice in the Nepal Gazette.

(3) While declaring a Quarantine Pest Affected Area under sub-section (2), the Ministry shall mention the time, area, reason, activities prohibited in such area, and quarantine conditions. 20.
Plant Quarantine and Protection Act, 2007

20. Pest control in Quarantine Pest Affected Area: (1) To control the quarantine pest in an area declared as a Quarantine Pest Affected Area under Section 19, the Organization may adopt any or all of the following measures:

(a) Treat to control such pest,
(b) Destroy plants, plant products, biological control agents, beneficial insects or other articles in such area,
(c) Prohibit taking plants, plant products, biological control agents or other articles out of such area,
(d) Prohibit planting plants or plant products in such area, and
(e) Adopt other measures the Organization deems appropriate.

(2) If the Organization deems necessary, it may order owners of plants in the Quarantine Pest Affected Area under Section 19 or areas near that area to carry out the work under sub-section (1).

(3) To have the order given under sub-section (2) complied with, the Organization shall send a written order to the Inspector of the concerned area.

(4) Upon receiving the order under sub-section (3), the concerned Inspector may enter the land containing such plants, plant products, testing area or such plants, plant products, biological control agents, beneficial insects or other articles, and carry out or cause to be carried out the work as per the order given under sub-section (2).

(5) If, despite taking utmost care in the course of any action under this Section to control pests, any healthy plant, plant product, biological control agent, beneficial insect or other article of anyone is destroyed, the Organization or the Government of Nepal shall not be liable to bear any liability or pay compensation. 21. Cancellation of declaration of Quarantine Pest Affected Area: (1) The Organization shall monitor from time to time whether the quarantine pest in the area declared as a Quarantine Pest Affected Area under Section 19 has been controlled.

(2) If upon monitoring under sub-section (1) the quarantine pest is found to be controlled, the Ministry may, on the recommendation of the Organization, cancel such declaration even before the time mentioned in the declaration under Section 19. Chapter-6
Offenses and Penalties

22.
Plant Quarantine and Protection Act, 2007

Chapter-6
Offenses and Penalties

22. Deemed to have committed an offense: If anyone does any of the following acts, he/she shall be deemed to have committed an offense under this Act:

(a) Importing plants, plant products, biological control agents, beneficial insects or soil without an import permit, except as otherwise provided in this Act,
(b) Importing plants, plant products, biological control agents, beneficial insects or soil without a phytosanitary certificate,
(c) Violating any order or any prescribed condition given under this Act or rules made under this Act,
(d) Importing or bringing infested plants or plant products,
(e) Knowingly or negligently bringing infested plants, plant products or other articles into contact with healthy plants, plant products or other articles,
(f) Selling or distributing infested plants or plant products,
(g) Destroying infested plants, plant products or other articles without following the prescribed procedure,
(h) Removing infested plants, plant products or other articles from the quarantine site without the approval of the Inspector or Head of Office,
(i) Importing or bringing plants, plant products, biological control agents, beneficial insects or soil through an entry point other than the prescribed entry point,
(j) Not allowing search, inspection or sample collection under this Act and rules made under this Act, or obstructing such actions, or
(k) Obstructing an Inspector while exercising powers under this Act. 23. Penalties: A person who commits an offense mentioned in clauses of Section 22 shall be punished as follows:

(a) For an offense under clauses (a) and (b), considering the severity of the offense, amended by the first amendment.a fine of ten thousand rupees to fifty thousand rupees.
(b) For an offense under clauses (c), (i), (j) or (k), considering the severity of the offense, amended by the first amendment.a fine of twenty-five thousand rupees to fifty thousand rupees.
(c) For an offense under clauses (d), (e), (f), (g) or (h), considering the severity of the offense, amended by the first amendment.a fine of fifty thousand rupees to one hundred fifty thousand rupees.
(d) A person who violates an order given by the Inspector or Head of Office during inspection, testing or treatment, considering the effects thereof, may be fined by the Head of Office amended by the first amendment.a fine of fifty thousand rupees to one hundred thousand rupees. 24. Confiscation and destruction: If plants, plant products, biological control agents, beneficial insects or other articles imported or transported under this Act are found infested during inspection or testing, they shall be treated to the extent possible and released; if they remain infested even after treatment, such goods shall be confiscated and destroyed. 25.
Plant Quarantine and Protection Act, 2007

25. Bear the expense: All expenses incurred in treating, destroying or returning to the concerned country plants, plant products, biological control agents, beneficial insects or other articles under this Act or rules made under this Act shall be borne by the concerned importer, exporter or person related to such articles. Chapter-7
Miscellaneous

26. May require to deposit amount: (1) If there is reasonable cause to believe that the owner or importer of plants, plant products, biological control agents or beneficial insects might abandon such plants, plant products, beneficial insects or biological control agents, the Office may order such owner or importer to deposit such amount as prescribed in the Office.

(2) If the Office has given an order under sub-section (1), such owner or importer shall deposit the amount in the Office, and the Office shall give a receipt to the concerned owner or importer.

(3) The amount received under sub-section (2) shall be deposited by the Office in its deposit account.

(4) If plants, plant products, biological control agents or beneficial insects kept in the Office under sub-section (1) are not found infested, or if the owner or importer takes them away, or if they are infested and treated or destroyed under this Act, the Office shall return the amount deposited in the deposit account under sub-section (3) to the owner of such goods.

(5) Notwithstanding anything written in sub-section (4), if the Office itself treats or destroys such plants, plant products, biological control agents or beneficial insects, only the amount remaining after deducting the expenses incurred in such treatment or destruction shall be returned. 27. Investigation and inquiry of case and diary: (1) Investigation and inquiry of a case related to an offense under this Act shall be conducted by an Inspector.

(2) The procedure to be followed during investigation and inquiry under sub-section (1) shall be as prescribed.

(3) After completion of investigation and inquiry under sub-section (1), such Inspector shall file the case with the concerned adjudicating authority after obtaining the opinion of the government attorney.

(4) Investigation and inquiry under sub-section (1) shall be completed within twenty-five days from the date such investigation and inquiry started. 28. Adjudicating authority: A case related to an offense under this Act shall be conducted and adjudicated by the prescribed authority. 29. Government to be plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 30.
Plant Quarantine and Protection Act, 2007

28. Adjudicating authority: A case related to an offense under this Act shall be conducted and adjudicated by the prescribed authority. 29. Government to be plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 30. Appeal: (1) A person aggrieved by an order given by the Head of Office or Inspector under this Act may appeal to the amended by the first amendment.Head of the Organization under Section 6 within thirty-five days from the date of receiving such order.

(2) A person aggrieved by a decision made by the adjudicating authority under this Act may appeal to the concerned amended by the Some Nepal Acts Amendment Act, 2072.District Court within thirty-five days from the date of knowing the decision. 31. Protection of action taken in good faith: No government employee shall be personally liable for any action taken in good faith under this Act. Provided that, the provision of this Section shall not be deemed to affect the consequences arising from an act done negligently. 32. Customs related functions: Notwithstanding anything written in the prevailing customs law, the concerned customs office shall proceed with customs procedures only after plants, plant products, biological control agents, beneficial insects, other articles, growing media such as soil, moss, peat, etc. imported under this Act have obtained permission to enter Nepal from a Plant Quarantine Check Post or Office. 33. May establish Offices: For the purpose of this Act, the Government of Nepal may, by publishing a notice in the Nepal Gazette, establish Plant Quarantine Check Posts or Quarantine Offices as necessary. 34. Must provide assistance: While acting under this Act, the Inspector and Head of Office may request necessary assistance from Customs, Airport, Airline, Postal, Police, and local administration, and upon such request, the concerned body and authority shall provide necessary assistance. 35. Power to make Rules: The Government of Nepal may make necessary Rules to achieve the objectives of this Act. 35a. May make Procedures: added by the first amendment.The Ministry may, subject to this Act or rules made under this Act, make necessary procedures. 36. Repeal and saving: (1) The Plant Protection Act, 2029 is hereby repealed.

(2) All acts and actions performed under the Plant Protection Act, 2029 shall be deemed to have been performed under this Act.

(3) Cases pending adjudication or pending decision before the Plant Protection Officer under the Plant Protection Act, 2029, and related petitions, shall, after the commencement of this Act, be transferred to the adjudicating authority under this Act, and such authority shall conduct and adjudicate such cases.
Mid-Western University Act, 2010

Mid-Western University Act, 2067 (2010)

Certification and Publication Date
2067.03.03

Amending Acts

1. Some Nepal Acts Amendment Act, 2072 (2015) 2072.1.13
2. Some Nepal Acts Relating to Education Amendment Act, 2077 (2020) 2077.03.11
3. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14

Act No. 2 of the year 2067 (2010)

An Act Made to Provide for the Mid-Western University

Preamble: Whereas, it is desirable to make necessary provisions relating to the establishment and operation of the Mid-Western University with the investment of the Government of Nepal, in order to provide qualitative and standard higher education opportunities through the study, teaching and research of arts, science, medical science, law, management, education, technical and other vocational subjects to all people including those in remote areas in an accessible manner, to supply skilled human resources for national development, and to further enhance the cleanliness, dignity and achievement-orientation of the country's educational and academic environment by improving the quality of higher education on a competitive basis;

Now, therefore, the Constituent Assembly has enacted this Act pursuant to Sub-Article (1) of Article 83 of the Interim Constitution of Nepal, 2063 (2006). Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Mid-Western University Act, 2067 (2010)."

(2) This Act shall come into force immediately. 2.
Mid-Western University Act, 2010

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Mid-Western University Act, 2067 (2010)."

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

(a) "University" means the Mid-Western University established pursuant to Section 3.

(b) "Assembly" means the University Assembly pursuant to Section 7.

(c) "Academic Council" means the Academic Council pursuant to Section 10.

(d) "Executive Council" means the Executive Council pursuant to Section 12.

(e) "Service Commission" means the Service Commission pursuant to Section 21.

(f) "Faculty" means the Faculty pursuant to Section 14.

(g) "Research Center" means the Research Center pursuant to Section 15.

(h) "Faculty Board" means the Faculty Board pursuant to Section 16.

(i) "Campus" means the constituent campus of the University, and this term also denotes a campus affiliated with the University.

(j) "Curriculum Development Center" means the Curriculum Development Center pursuant to Section 18.

(k) "Chancellor" means the Chancellor pursuant to Section 22.

(l) "Pro-Chancellor" means the Pro-Chancellor pursuant to Section 23.

(m) "Vice-Chancellor" means the Vice-Chancellor pursuant to Section 24.

(n) "Registrar" means the Registrar pursuant to Section 25.

(o) "Dean" means the head of a Faculty.

(p) "Director" means the Director pursuant to Section 27.

(q) "Teacher" means Professor, Associate Professor, Assistant Professor and Lecturer who provide education or conduct or cause to conduct research in the University, and this term also denotes instructors at various levels of the University and persons designated as teachers under the rules made under this Act.

(r) "Employee" means a person, other than a teacher, who performs or causes to perform managerial and supportive functions in relation to the operation of the University.

(s) "Student" means a female or male student enrolled for study or research in a Campus.

(t) "Prescribed" or "as prescribed" means prescribed or as prescribed under the rules made under this Act. Chapter-2
Establishment of the University

3. Establishment of the University: (1) The Mid-Western University is established for the purposes of study, teaching and research in arts, science, medical science, law, management, education, technical and other vocational subjects, among others.

(2) At the time of commencement of this Act, the University shall be established in the Surkhet Campus premises by jointly including Surkhet Campus (Education), Surkhet, which is operated as a constituent campus of Tribhuvan University receiving grants from the Government of Nepal, and affiliated Birendranagar Multiple Campus, Surkhet, and Public Science Campus, Surkhet. 4.
Mid-Western University Act, 2010

Office Bearers of the University: The University shall have the following office bearers:-

(a) Chancellor

(b) Pro-Chancellor

(c) Vice-Chancellor

(d) Chairperson of the Service Commission

(e) Registrar

(f) Dean

(g) Director

(h) Campus Chief

(i) Other office bearers as prescribed. Chapter-4
Formation, Functions, Duties and Powers of the Assembly

7. Formation of the Assembly: (1) There shall be an Assembly as the supreme body of the University.

(2) The Assembly shall be formed as follows:-



 (a) Chancellor – Chairperson
 (b) Pro-Chancellor – Vice-Chairperson
 (c) Vice-Chancellor – Member
 (d) Member, National Planning Commission (looking after education) – Member
 (e) Amended by Some Nepal Acts Relating to Education Amendment Act, 2077.Chairperson of the University Grants Commission, or a member of that Commission designated by him/her – Member
 (f) Two from among Vice-Chancellors of other universities – Member
 (g) Secretary, Amended by Some Nepal Acts Relating to Education Amendment Act, 2077.Ministry of Education, Science and Technology – Member
 (h) Secretary, Ministry of Finance – Member
 (i) Amended by Some Nepal Acts Relating to Education Amendment Act, 2077.Chief Secretary of Karnali Province Government – Member
 (j) Deans – Member
 (k) Director – Member
 (l) Two from among Campus Chiefs – Member
 (m) Two from among Teachers – Member
 Deleted by Some Nepal Acts Amendment Act, 2072.(n)
 (o) Amended by Some Nepal Acts Relating to Education Amendment Act, 2077.Head and Deputy Head of the Municipality where the University's central office is located – Member
 (p) Central President of Nepal Professor Association – Member
 (q) President, University Professor Association – Member
 (r) President of the University Free Students Union – Member
 (s) One from among Donors – Member
 (t) One from among Education Enthusiasts and Social Workers – Member
 Added by Some Nepal Acts Relating to Education Amendment Act, 2077.(t1) President, Chamber of Commerce and Industry, Surkhet – Member
 (u) One from among Employee Representatives – Member
 (v) Registrar – Member-Secretary

(3) Except for the ex-officio members under Sub-section (2), other members shall be nominated by the Chancellor on the recommendation of the Executive Council.

(4) The term of office of nominated members shall be three years.

(5) If the office of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period by completing the procedure under Sub-section (3). 8.
Mid-Western University Act, 2010

8. Meeting of the Assembly: (1) A meeting of the Assembly shall compulsorily be held at least twice a year.

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

(3) The Member-Secretary of the Assembly shall give notice to all members of the Assembly including the agenda of subjects to be discussed at the meeting at least fifteen days prior to the meeting.

(4) If more than fifty percent of the total number of existing members of the Assembly are present, the meeting shall be deemed to have constituted a quorum.

(5) The meeting of the Assembly shall be chaired by the Chairperson of the Assembly, in his/her absence by the Vice-Chairperson of the Assembly, and in the absence of both the Chairperson and the Vice-Chairperson by the Vice-Chancellor.

(6) The opinion of the majority shall prevail at the meeting of the Assembly, and if the votes are equal, the person chairing the meeting shall have a casting vote. Amended by Some Nepal Acts Relating to Education Amendment Act, 2077.(7) The person chairing the meeting of the Assembly shall certify the decision of the meeting. Added by Some Nepal Acts Relating to Education Amendment Act, 2077.(7a) The Registrar shall keep a record of the decisions or orders of the Assembly. A copy of such decision or order shall be sent to the Chancellor.

(8) Other procedures relating to the meetings of the Assembly shall be as determined by the Assembly itself. 9. Functions, Duties and Powers of the Assembly: The functions, duties and powers of the Assembly shall be as follows:

(a) To determine the policy of the University,

(b) To provide guidance to the University and its subordinate bodies,

(c) To determine and confer degrees to be awarded by the University,

(d) To approve the long-term plan, annual budget and programs of the University,

(e) To pass the rules relating to the University,

(f) To discuss the annual reports of bodies under the University and evaluate their programs,

(g) To discuss and approve the audit report of the University,

(h) To constitute various committees, sub-committees or task forces as required,

(i) To perform other functions as prescribed. Chapter-5

Formation, Functions, Duties and Powers of the Academic Council

10.
Mid-Western University Act, 2010

Chapter-5

Formation, Functions, Duties and Powers of the Academic Council

10. Formation of the Academic Council: (1) There shall be an Academic Council to function as the body to organize the educational and academic activities of the University.

(2) The Academic Council shall be formed as follows:-

(a) Vice-Chancellor – Chairperson

(b) Registrar – Member

(c) Deans – Member

(d) Three from among Chairpersons of various Subject Committees of the University – Member

(e) One from among Campus Chiefs – Member

(f) One from among Teachers – Member

(g) Two from among Eminent Scholars – Member

(h) A Dean designated by the Vice-Chancellor from among the Deans – Member-Secretary

(3) Except for the ex-officio members under Sub-section (2), other members shall be nominated by the Vice-Chancellor.

(4) The term of office of a nominated member under Sub-section (2) shall be three years.

(5) If the office of a nominated member of the Academic Council falls vacant for any reason, another person shall be nominated for the remaining period by completing the procedure under Sub-section (3).

(6) The procedure relating to the meetings of the Academic Council shall be as prescribed, and until so prescribed, the Academic Council itself may determine the procedure relating to meetings. 11. Functions, Duties and Powers of the Academic Council: The functions, duties and powers of the Academic Council shall be as follows:-

(a) To determine and approve the curriculum of the University,

(b) To specify the type of examinations to be conducted under the University,

(c) To determine and maintain the academic quality of the University,

(d) To formulate research policy and approve research programs,

(e) To prescribe the qualifications required for admission to subjects of study and teaching at the University, the number of student admissions and the basis for admission,

(f) To provide advice to the Executive Council on academic matters,

(g) To recommend honorary degrees to be awarded by the University to the Assembly,

(h) To perform other functions as prescribed. Chapter-6

Formation, Functions, Duties and Powers of the Executive Council

12.
Mid-Western University Act, 2010

Chapter-6

Formation, Functions, Duties and Powers of the Executive Council

12. Formation of the Executive Council: (1) There shall be an Executive Council to function as the executive body of the University.

(2) The Executive Council shall be formed as follows:-

(a) Vice-Chancellor – Chairperson

(b) One from among Deans – Member

(c) One from among Teachers – Member

(d) Registrar – Member-Secretary

(3) Except for the ex-officio members under Sub-section (2), other members shall be nominated by the Assembly on the recommendation of the Vice-Chancellor.

(4) The term of office of a nominated member under Sub-section (2) shall be three years.

(5) If the office of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period by completing the procedure under Sub-section (3).

(6) The procedure relating to the meetings of the Executive Council shall be as prescribed, and until so prescribed, the Executive Council itself may determine the procedure relating to meetings. 13. Functions, Duties and Powers of the Executive Council: The functions, duties and powers of the Executive Council shall be as follows:-

(a) To implement or cause to implement the decisions and directives of the Assembly,

(b) To prepare the annual program, budget, progress report, audit report and other proposals of the University and submit them to the Assembly for approval,

(c) To operate, manage and protect the fund and movable and immovable property of the University,

(d) Subject to the policy directives of the Assembly, to sell, lease or take on contract the movable and immovable property of the University,

(e) To coordinate, supervise and inspect the programs operated by the University and submit a report thereof to the Assembly,

(f) To prepare drafts of rules relating to the University and submit them to the Assembly for approval,

(g) To appoint and promote teachers and employees required for the University on the recommendation of the Service Commission,

(h) To determine student fees,

(i) To accept financial and other assistance provided for the University,

(j) To perform other functions as prescribed. Chapter-7

Faculty, Research Center and Other Bodies

14. Faculty: (1) For higher education to be conducted by the University, there shall be faculties as prescribed in subjects including arts, science, medical science, law, management, education, and others as specified.

(2) The functions, duties and powers of a Faculty shall be as prescribed. 15. Research Center: (1) The University may establish Research Centers as required for conducting research in subjects including arts, science, medical science, law, management, education, and others.

(2) Provisions relating to the establishment, functions, duties, powers and operation of a Research Center shall be as prescribed. 16.
Mid-Western University Act, 2010

15. Research Center: (1) The University may establish Research Centers as required for conducting research in subjects including arts, science, medical science, law, management, education, and others.

(2) Provisions relating to the establishment, functions, duties, powers and operation of a Research Center shall be as prescribed. 16. Faculty Board: (1) In each Faculty, there shall be a Faculty Board as prescribed for the conduct of educational and academic programs.

(2) There shall be Subject Committees as prescribed under the Faculty Board.

(3) The functions, duties and powers of the Faculty Board and the committees thereunder, and the procedure relating to their meetings, shall be as prescribed. 17. Campus: (1) The University may establish and operate Campuses as required for providing higher education in various subjects.

(2) Provisions relating to the establishment and operation of a Campus shall be as prescribed. 18. Curriculum Development Center: (1) There shall be a Curriculum Development Center for the determination and development of curricula for various subjects studied and taught at the University.

(2) The establishment, functions, duties and powers of the Curriculum Development Center shall be as prescribed. 19. Affiliation with University: (1) If any campus of the private sector wishes to operate by obtaining affiliation from the University, the University may grant affiliation to such campus as prescribed.

(2) A campus that has obtained affiliation under Sub-section (1) shall comply with the conditions prescribed by the University. 20.
Mid-Western University Act, 2010

Affiliation with University: (1) If any campus of the private sector wishes to operate by obtaining affiliation from the University, the University may grant affiliation to such campus as prescribed.

(2) A campus that has obtained affiliation under Sub-section (1) shall comply with the conditions prescribed by the University. 20. Special Provision Regarding Operation of Campuses of Other Universities: (1) If a constituent or affiliated campus of any other university submits an application with a recommendation of its management committee to be associated with this University and remain as a constituent or affiliated campus, the process shall be initiated to grant recognition to such campus as a constituent or affiliated campus of this University.

(2) The process under Sub-section (1) shall be as prescribed by the University.

(3) After a campus is operated as a constituent campus of this University under Sub-section (1), the property in the name of such campus shall also be transferred to the constituent campus of the University.

(4) After a campus is operated as a constituent campus of this University under Sub-section (1), the teachers and employees working in that campus shall continue as teachers and employees of the constituent campus of the University.

(5) If any teacher or employee under Sub-section (4) does not wish to continue as a teacher or employee of the constituent campus of the University, he/she shall inform the concerned university within one year as determined by the Assembly or with the approval of the concerned university, and in such case, the University may, in consultation with the concerned university, employ such teacher or employee as a teacher or employee of the University.

(6) For a teacher or employee who continues as a teacher or employee of the constituent campus of the University under Sub-section (4), the permanent service rendered in the concerned campus shall be deemed to have been rendered in the constituent campus under this University, and his/her service period shall be calculated accordingly.

(7) If any teacher or employee continues in the constituent campus of the University under Sub-section (4) or (5), the previous remuneration, facilities and service conditions shall not be changed in a manner detrimental to them. Chapter-8

Service Commission

21.
Mid-Western University Act, 2010

Chapter-8

Service Commission

21. Service Commission: (1) There shall be a Service Commission to recommend the appointment and promotion of teachers and employees of the University.

(2) The Service Commission shall be formed as follows:-

(a) Person appointed by the Chancellor – Chairperson

(b) Member of the Public Service Commission – Member

(c) One from among Teachers – Member

(3) A committee consisting of two members of the Assembly under the chairpersonship of the Pro-Chancellor shall be formed by the Chancellor to recommend the appointment of the Chairperson and member under clauses (a) and (c) of Sub-section (2), and the Chairperson and member shall be appointed by the Chancellor on the recommendation of that committee.

(4) The term of office of the Chairperson and member appointed under Sub-section (3) shall be four years.

(5) Other functions, duties and powers of the Service Commission shall be as prescribed.

(6) The remuneration, facilities and other service conditions of the Chairperson and members of the Service Commission shall be as prescribed.

(7) The procedure relating to the meetings of the Service Commission shall be as prescribed, and until so prescribed, the Service Commission itself may determine the procedure relating to meetings. Chapter-9

Office Bearers, Teachers and Employees of the University

22. Chancellor: (1) The Prime Minister shall be the Chancellor of the University.

(2) The Chancellor shall be the chief of the University. In the presence of the Chancellor, he/she shall occupy the chair of the convocation ceremony of the University.

(3) The Chancellor may, as required, inspect the University and give directives to the University. 23. Pro-Chancellor: (1) Amended by Some Nepal Acts Amendment Act, 2062. The Minister or State Minister for Education, Science and Technology shall be the Pro-Chancellor of the University.

(2) In the absence of the Chancellor, the Pro-Chancellor shall chair the convocation ceremony of the University.

(3) The Pro-Chancellor may, as required, inspect the University and give directives to the University. 24.
Mid-Western University Act, 2010

The Minister or State Minister for Education, Science and Technology shall be the Pro-Chancellor of the University.

(2) In the absence of the Chancellor, the Pro-Chancellor shall chair the convocation ceremony of the University.

(3) The Pro-Chancellor may, as required, inspect the University and give directives to the University. 24. Vice-Chancellor: (1) The Vice-Chancellor shall be the chief office bearer of the University working full time.

(2) To recommend appointment to the post of Vice-Chancellor, the Chancellor shall form a three-member committee consisting of members of the Assembly including the Secretary of the Ministry of Education, Science and Technology..

(3) The committee under Sub-section (2) shall recommend the names of three persons eligible for appointment to the post of Vice-Chancellor, and the Chancellor shall appoint the Vice-Chancellor from among the persons so recommended.

(4) The Vice-Chancellor shall have general control over all acts and business of the University and may give directives and supervise the acts and business of the University.

(5) The term of office of the Vice-Chancellor shall be four years.

(6) In the absence of the Chancellor and Pro-Chancellor, the Vice-Chancellor shall chair the convocation ceremony of the University.

(7) The Vice-Chancellor shall implement or cause to implement the decisions and directives of the Assembly.

(8) The Vice-Chancellor shall perform such functions as are not specified to be performed by any other body or authority under this Act or the rules made under this Act. He/she shall immediately inform the Chancellor of such work and cause it to be ratified at the next meeting of the Assembly.

(9) In the absence of the Vice-Chancellor, his/her functions shall be as arranged by the Chancellor.

(10) Other functions, duties and powers, remuneration, facilities and other service conditions of the Vice-Chancellor shall be as prescribed. 25. Registrar: The Registrar shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor. 26. Dean: The Dean shall be appointed by the Executive Council. 27. Director: (1) There shall be separate Directors to function as chiefs of the Research Center and the Curriculum Development Center.

(2) The Director shall be appointed by the Executive Council. 28. Functions, Duties and Powers, Remuneration, Facilities and Service Conditions of Registrar, Dean and Director:

(1) The Registrar, Dean and Director shall be office bearers working full time for the University.

(2) The term of office of the Registrar, Dean and Director shall be four years.

(3) The functions, duties, powers, remuneration, facilities and other service conditions of the Registrar, Dean and Director shall be as prescribed. 29.