chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Kathmandu Valley Development Authority Act, 1988

3. Establishment of Authority: A Kathmandu Valley Development Authority is established for the formulation and implementation of a physical development plan to develop the Kathmandu Valley in a planned manner and provide necessary services and facilities to the public. 4. Authority to be a Corporate Body: 4.1 The Authority established pursuant to Section 3 shall be a self-governing and corporate body with perpetual succession. 4.2 The Authority shall have its own separate seal. 4.3 The Authority may, like a person, acquire, use, sell or otherwise dispose of movable and immovable property. 4.4 The Authority may, like a person, sue and be sued in its own name. 5. Formulation and Approval of Physical Development Plan: 5.1 For the physical development of the Kathmandu Valley, the Authority may formulate a physical development plan to fulfill any or all of the following objectives:-

5.1.1 To develop the Kathmandu Valley as a major administrative, tourism, cultural and economic center of Nepal Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

5.1.2 To reconstruct, expand and develop existing cities and construct new cities,

5.1.3 To determine land use zones for physical development,

5.1.4 To make available necessary service facilities to the public,

5.1.5 To carry out other functions related to the above tasks. 5.2 The physical development plan prepared by the Authority pursuant to sub-section (5.1) shall be approved by the Government of Nepal. 5.3 The physical development plan approved by the Government of Nepal pursuant to sub-section (5.2) shall be implemented by the Authority. 6.
Kathmandu Valley Development Authority Act, 1988

5.2 The physical development plan prepared by the Authority pursuant to sub-section (5.1) shall be approved by the Government of Nepal. 5.3 The physical development plan approved by the Government of Nepal pursuant to sub-section (5.2) shall be implemented by the Authority. 6. Functions, Duties and Powers of the Authority: 6.1 In addition to the functions, duties and powers otherwise mentioned in this Act, the functions, duties and powers of the Authority shall be as follows:-

6.1.1 To divide the Plan Area into various land use zones,

6.1.2 To determine necessary conditions for physical development in land use zones and prescribe methods of construction in such zones,

6.1.3 Subject to the prevailing Nepal law relating to ancient monuments, to prepare and implement necessary projects for the proper development and preservation of any religious, cultural and historical heritage in the Plan Area,

6.1.4 For the protection of natural and environmental resources of the Plan Area, to prescribe conditions and act or cause to be acted accordingly in relation to construction and other activities in forests, streams, river banks and water areas,

6.1.5 To prohibit the use of natural resources in a manner causing adverse effects,

6.1.6 To prepare and implement land development programs and building construction projects in land use zones as specified by the physical development plan,

6.1.7 To carry out other functions as per directives given from time to time by the Government of Nepal in accordance with the physical development plan. 6.2 While carrying out actions under this Act, it shall be the duty of the Authority to maintain coordination with agencies of the Government of Nepal and other concerned bodies. 7. Power to Impose Freeze: 7.1 For implementing the physical development plan, the Authority may, by publishing a clear public notice from time to time, impose a freeze for a period not exceeding three years as specified in that notice, prohibiting any physical alteration or subdivision of any type of immovable property within the area specified in such notice falling within the Plan Area without prior approval of the Authority. 7.2 The Authority shall send a notice of the freeze imposed pursuant to sub-section (7.1) to the concerned office responsible for registration. 7.3 Upon receiving the notice pursuant to sub-section (7.2), the concerned registration office shall not register the subdivision of such immovable property. 8.
Kathmandu Valley Development Authority Act, 1988

7.2 The Authority shall send a notice of the freeze imposed pursuant to sub-section (7.1) to the concerned office responsible for registration. 7.3 Upon receiving the notice pursuant to sub-section (7.2), the concerned registration office shall not register the subdivision of such immovable property. 8. Power to Regulate, Control or Prohibit: 8.1 For the purpose of implementing the physical development plan, the Authority may, by publishing a clear public notice from time to time, regulate, control or prohibit, as necessary, the following matters within the area specified in such notice falling within the Plan Area, and no one shall do or cause to be done such regulated, controlled or prohibited matters without prior approval of the Authority:-

8.1.1 Using and consuming natural resources, archaeological, religious, historical sites, government lands and immovable property,

8.1.2 Using or consuming cultivated and barren lands in accordance with the land use plan,

8.1.3 Constructing any type of building or expanding existing buildings,

8.1.4 Establishing any type of settlement or residence, or establishing or constructing recreation areas, markets, fairs, industries, etc.,

8.1.5 Doing any work that adversely affects natural beauty, tourist sites, or public health, or pollutes the environment in any manner,

8.1.6 Using roads, bridges, means of transport, water, electricity, telephone lines, etc. 8.2 While imposing any restriction on the enjoyment of anyone's immovable property under Section 7 or sub-section (8.1), the Authority may impose restrictions only if it is in the public interest and beneficial to the general public, and while making a decision regarding such restriction or issuing a notice or order related thereto, the public interest aspect shall also be clearly mentioned. 8.3 For the purpose of sub-section (8.1), the Authority may grant approval partially or fully, or refuse approval, or while granting approval, may impose necessary conditions. 8.4 The Authority shall have full authority to enter anyone's land or inquire with the concerned person for the purpose of collecting data or surveying any immovable property within the Plan Area. 9. Power to Stop or Demolish:

9.1 If anyone does any matter regulated, controlled or prohibited by the Authority under Section 8 without prior approval of the Authority, or if any condition imposed by the Authority while granting approval is violated, the Authority may issue an order to immediately stop such work, and if any construction has been made in the course of such work, the Authority may, giving a period of thirty-five days, order the concerned person to demolish or remove the part so constructed without approval or contrary to conditions.
Kathmandu Valley Development Authority Act, 1988

9.4 If the concerned person fails to demolish or remove such part of the construction within the period mentioned in sub-section (9.3), the Authority may itself demolish or remove it, and the cost incurred for such demolition or removal shall be recovered from the concerned person. 10. Power to Operate Land Development Programs:

10.1 In the process of planned development of the Kathmandu Valley, to fulfill the basic housing needs of persons of different income groups, to provide housing plots, and for other urban activities, the Authority may, subject to the policies and directives of the Government of Nepal, operate land development programs as follows:-

10.1.1 To operate a guided land development program in any part of the Plan Area by involving local landowners and tenants in formulating service facility projects, and to have the concerned agency of the Government of Nepal, any corporate body, municipality, or local people invest in carrying out the work according to such project,

10.1.2 To operate a land pooling program by consolidating various plots of land in any part of the Plan Area, providing service facilities in accordance with the physical development plan, recovering the cost incurred for providing such facilities by selling developed plots, and returning the remaining developed plots to the original landowners or tenants on a proportional basis,

10.1.3 To operate a sites and services program by having the land in any part of the Plan Area acquired by the Government of Nepal pursuant to Section 11, providing service facilities on such land by the Authority itself, preparing plots, and selling and distributing them,

10.1.4 If, for operating a land development program pursuant to the above sub-sections, the consolidated or acquired land of a landowner is less than the minimum unit plot area determined according to the land development program, such landowner shall be provided with one plot of the minimum unit upon payment of the cost incurred. 11. Power to Acquire Land:

The Government of Nepal may acquire land required for implementing the physical development plan in accordance with the prevailing Nepal law and make it available to the Authority. 12. Power to Raise Financial Resources:

The Authority may, with prior approval of the Government of Nepal, borrow loans, receive grants, or raise financial resources in any other manner for the expenses required to smoothly carry out its functions. 13.
Kathmandu Valley Development Authority Act, 1988

12. Power to Raise Financial Resources:

The Authority may, with prior approval of the Government of Nepal, borrow loans, receive grants, or raise financial resources in any other manner for the expenses required to smoothly carry out its functions. 13. Constitution and Functions, Duties and Powers of the Kathmandu Valley Physical Development Committee:

Amended by Some Nepal Acts Amendment Act, 2075.13.1 For the development of the Kathmandu Valley, a Kathmandu Valley Physical Development Committee shall be constituted consisting of the following members:-

13.1.1 Minister for Urban Development – Chairperson
13.1.2 Minister in charge of Urban Development of the concerned Province – Member
13.1.3 Secretary, Ministry of Finance – Member
13.1.4 Secretary, Ministry of Water Supply – Member
13.1.5 Secretary, Ministry of Land Management, Cooperatives and Poverty Alleviation – Member
13.1.6 Secretary, Ministry of Physical Infrastructure and Transport – Member
13.1.7 Secretary, National Planning Commission – Member
13.1.8 Secretary, Ministry of Forests and Environment – Member
13.1.9 Secretary, Ministry of Urban Development – Member
13.1.10 Secretary, Ministry of Communication and Information Technology – Member
13.1.11 Secretary, Ministry of Culture, Tourism and Civil Aviation – Member
13.1.12 Secretary, Ministry of Federal Affairs and General Administration – Member
13.1.13 Mayor of Kathmandu Metropolitan City – Member
13.1.14 Mayor of Lalitpur Metropolitan City – Member
13.1.15 Mayor of Bhaktapur Municipality – Member
13.1.16 Mayors of three municipalities designated by the Ministry from among other municipalities in the Kathmandu Valley – Member
13.1.17 Development Commissioner – Member Secretary

13.2 The Government of Nepal may, if deemed necessary, by notification published in the Nepal Gazette, make necessary additions, deletions or changes among the members pursuant to sub-section (13.1). 13.3 The procedure relating to meetings of the Committee shall be as prescribed. 13.4 The functions, duties and powers of the Committee shall be as follows:-

13.4.1 To determine policy relating to formulation and implementation of the physical development plan,
13.4.2 To finalize the physical development plan,
13.4.3 To review and evaluate the progress of programs under the physical development plan,
13.4.4 To approve the annual budget and regulations of the Authority,
13.4.5 To give other necessary directives to the Executive Committee. 14. Constitution of Executive Committee:

14.1 An Executive Committee shall be constituted for the operation, supervision and management of the functions of the Authority. 14.2 Subject to the general direction of the Committee, the Executive Committee shall exercise all powers and perform all duties vested in the Authority in accordance with this Act and the rules and regulations made under this Act.
Kathmandu Valley Development Authority Act, 1988

14.2 Subject to the general direction of the Committee, the Executive Committee shall exercise all powers and perform all duties vested in the Authority in accordance with this Act and the rules and regulations made under this Act. 14.3 The Executive Committee constituted pursuant to sub-section (14.1) shall consist of the following members:-

14.3.1 Development Commissioner – Chairperson
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.14.3.2 Mayor of Kathmandu Metropolitan City – Member
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.14.3.3 Mayor of Lalitpur Sub-Metropolitan City – Member
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.14.3.4 Mayor of Bhaktapur Municipality – Member
14.3.5 Heads in charge of Kathmandu Valley programs of the following offices – Member
 14.3.5.1 Department of Buildings
 14.3.5.2 Department of Archaeology
 14.3.5.3 Department of Roads
 14.3.5.4 Department of Survey
 14.3.5.5 Department of Tourism
 14.3.5.6 Department of Housing and Urban Development
 14.3.5.7 Water Supply and Sewerage Corporation
 14.3.5.8 Nepal Electricity Authority
 14.3.5.9 Solid Waste Management and Resource Mobilization Center
 14.3.5.10 Guthi Corporation
 14.3.5.11 Nepal Telecommunications Corporation
Amended by Some Nepal Acts Amendment Act, 2075.14.3.6 Three persons designated by the Ministry of Urban Development from among experts relating to urban development management, ensuring inclusive representation – Member

14.4 An employee of the Authority designated by the Executive Committee shall act as the Secretary of the Executive Committee. 14.5 The Government of Nepal may, if deemed necessary, by notification published in the Nepal Gazette, make necessary additions, deletions or changes among the members pursuant to sub-section (14.3). 14.6 The Executive Committee may, if deemed necessary, invite any domestic or foreign expert or advisor to participate in the meeting of the Executive Committee as an observer. 15. Procedure Relating to Meetings of the Executive Committee:
15.1 A meeting of the Executive Committee shall be held at least once every two months. 15.2 If fifty percent of the total number of members of the Executive Committee are present, the meeting of the Executive Committee shall be deemed to have constituted a quorum. 15.3 The meeting of the Executive Committee shall be chaired by the Chairperson, and in their absence, by a member designated by the members from among themselves. 15.4 The opinion of the majority shall prevail in the meeting of the Executive Committee, and in case of a tie, the person chairing the meeting may cast a casting vote. 15.5 The meeting of the Executive Committee shall be called by the Secretary of the Executive Committee on the date, time and place fixed by the Chairperson. 15.6 The decisions made in the meeting of the Executive Committee shall be certified by the person chairing the Executive Committee and kept updated.
Kathmandu Valley Development Authority Act, 1988

15.6 The decisions made in the meeting of the Executive Committee shall be certified by the person chairing the Executive Committee and kept updated. 15.7 Other procedures relating to the meeting of the Executive Committee shall be determined by the Executive Committee itself. 16. Power to Constitute Sub-Committees:
The Executive Committee may, as necessary, constitute sub-committees to smoothly carry out its functions. 17. Provision Relating to Employees:
17.1 The Government of Nepal shall appoint a person who is serving or has served in the Special Class or above, or any reputed person in the related field, as the Development Commissioner as the Chief Executive of the Authority. Their term shall be up to five years, and if the Government of Nepal so desires, their term may be renewed for up to another five years. 17.2 Notwithstanding anything written in sub-section (17.1), the Government of Nepal may, if deemed necessary, retire the Development Commissioner from that post before the completion of their term. 17.3 The Authority may appoint other employees as required. 17.4 The remuneration, terms of service and facilities of the Development Commissioner and other employees of the Authority shall be as prescribed. 17.5 The Development Commissioner may delegate the powers vested in them to any employee subordinate to them under their supervision and responsibility. 18. Prohibition on Members and Employees:
No member of the Committee or the Executive Committee, nor any employee or advisor of the Authority, shall be directly or indirectly interested in any contract or lease with the Authority. 19. Fund of the Authority:
19.1 There shall be a separate fund of the Authority. The following amounts shall be credited to such fund:-

19.1.1 Grant received from the Government of Nepal,
19.1.2 Amount received from any international or foreign agency through the Government of Nepal,
19.1.3 Amount accruing from the movable and immovable property of the Authority,
19.1.4 Any other amount received by the Authority. 19.2 All amounts of the Authority shall be deposited in the Nepal Rastra Bank or any commercial bank in the name of the Authority. 19.3 All expenses to be borne on behalf of the Authority shall be met from the fund pursuant to sub-section (19.1). 19.4 Operation of the account of the Authority shall be as prescribed. 20. Accounts and Audit of the Authority:
20.1 The accounts of the Authority shall be maintained in accordance with the prevailing format and method of the Government of Nepal. 20.2 The audit of the Authority shall be carried out by the Office of the Auditor General. 20.3 The Government of Nepal may, if it so desires, at any time inspect or cause to be inspected the account books, documents, cash and stock of the Authority.
Kathmandu Valley Development Authority Act, 1988

20.2 The audit of the Authority shall be carried out by the Office of the Auditor General. 20.3 The Government of Nepal may, if it so desires, at any time inspect or cause to be inspected the account books, documents, cash and stock of the Authority. 21. Penalty:
21.1 If anyone does any matter regulated, controlled or prohibited by the Authority under Section 8 without prior approval of the Authority, or if any condition imposed by the Authority while granting approval is violated, the Authority may impose a fine of up to fifty thousand rupees on such person. 21.2 If anyone obstructs any work done or to be done by the Authority in accordance with this Act or the regulations made under this Act, the Authority may impose a fine of up to five thousand rupees on such person. 21.3 If anyone does any act contrary to an order or directive given by the Authority under this Act, the Authority may impose a fine of up to twenty-five thousand rupees on such person. 21.4 If anyone does any other act contrary to this Act or the regulations made under this Act, other than those mentioned above, the Authority may impose a fine of up to one thousand rupees on such person. 22. Appeal:
A person aggrieved by an order of penalty given by the Authority pursuant to Section 21 may appeal to the Appeal Committee within thirty-five days from the date of receiving such order of penalty. 23. Appeal Committee:
23.1 There shall be an Appeal Committee to hear appeals against orders given by the Authority under Section 9 or 21. 23.2 The Appeal Committee shall consist of the following members:-

23.2.1 Amended by Some Nepal Acts Amendment Act, 2072.A Judge of the High Court – Chairperson
23.2.2 Two persons designated by the Government of Nepal – Member

23.3 The Appeal Committee shall have the same powers as a court in respect of examining witnesses, summoning witnesses, taking statements, and requiring production of documents. 23.4 The Appeal Committee may adopt suitable procedures for conducting and disposing of proceedings. 24. Protection of Acts Done in Good Faith:
No member of the Committee or the Executive Committee, or employee of the Authority, shall be personally liable for any loss or damage caused by any act done or attempted to be done in good faith in the course of performing their duties under this Act or the rules or regulations made under this Act. Provided that, if any act is done with the intention of causing unnecessary hardship, harassment or trouble to anyone, the concerned person shall be liable therefor. 25.
Kathmandu Valley Development Authority Act, 1988

Provided that, if any act is done with the intention of causing unnecessary hardship, harassment or trouble to anyone, the concerned person shall be liable therefor. 25. Delegation of Powers:
The Executive Committee may delegate all or some of the powers vested in it under this Act or the rules made under this Act to any member of the Executive Committee, a sub-committee constituted under Section 16, or any officer employee of the Authority. 26. Government of Nepal May Give Directives:
The Government of Nepal may give necessary directives to the Authority relating to the formulation and implementation of the physical development plan. It shall be the duty of the Authority to follow such directives. 27. Powers of the Government of Nepal:
27.1 If the Authority does or attempts to do any act contrary to this Act, the Government of Nepal may issue an order to stop such act. 27.2 The Government of Nepal may, keeping in view the public interest, if deemed necessary, annul any order given by the Authority under this Act, wholly or partially. 27.3 If it is determined that the work to be done by the Authority has been completed, or that the Authority has not performed its functions, duties or followed directives, or that it is not necessary to maintain the Authority, the Government of Nepal may dissolve the Authority at any time. 27.4 If the Authority is dissolved pursuant to sub-section (27.3), the rights and liabilities of the Authority shall devolve upon the Government of Nepal. Added by Some Nepal Acts Amendment Act, 2075.27A. Transfer of Cases:

(1) If the Authority is dissolved pursuant to Section 27, cases pending adjudication under proceedings before the Authority pursuant to Sections 9 and 21 shall devolve upon the concerned District Court, and cases pending adjudication under proceedings before the Appeal Committee pursuant to Section 23 shall devolve upon the Patan High Court.

(2) The rights and liabilities of the Authority shall devolve upon the Government of Nepal, and documents and records shall devolve upon the agency or office designated by the Government of Nepal. 28. Liaison with the Government of Nepal:
The Authority shall maintain liaison with the Government of Nepal through Amended by Some Nepal Acts Amendment Act, 2075.the Ministry of Urban Development. 29. Power to Make Rules and Regulations:
29.1 The Government of Nepal may make necessary rules to implement the objectives of this Act. 29.2 Subject to this Act and the rules made under this Act, the Authority may make necessary regulations. 30. Dissolution:
30.1 After the commencement of this Act, the Town Development Committee under the Town Development Act, 2045 shall ipso facto be dissolved.
Kathmandu Valley Development Authority Act, 1988

29.2 Subject to this Act and the rules made under this Act, the Authority may make necessary regulations. 30. Dissolution:
30.1 After the commencement of this Act, the Town Development Committee under the Town Development Act, 2045 shall ipso facto be dissolved. 30.2 After the dissolution of the Town Development Committee pursuant to sub-section (30.1), the work, actions, rights and liabilities of that Committee shall devolve upon the Authority. 31. Transfer of Pending Cases:
After the commencement of this Act, cases pending adjudication under proceedings from the Town Development Committee constituted under the Town Development Act, 2045 shall devolve upon the Authority. 32. Power to Amend the Schedule:
The Government of Nepal may, as required, by notification published in the Nepal Gazette, amend, add to or delete from the Schedule. Schedule
(Related to sub-section (2.1.3) of Section 2)

Boundary of the Plan Area

East: From the top ridge of Godavari Bhanjyang, Triveni Danda and Pati Bhanjyang, passing through the watershed east of Amadol, along the top ridge of Rohini Bhanjyang and Kirtike Bhanjyang, up to the top of Manchuri Lekh and Chipu Danda. West: From Simpani, Kazi Gaun, Bhattarchaur, Dakshinkali, Taluk, along Gurdam Khola, passing through the watershed north of Chhakhel, Chandraagiri Sim Bhanjyang, the watershed east of Masini Gaun, Dahachok Danda, Majuwa Gaun, the watershed east of Bhimdhunga Thumki, up to Bhudkhu and Panchmane Bhanjyang. North: Along the top ridge of Panchmane Bhanjyang and Shivapuri Lekh, up to Bolang and Chipu Danda. South: Along the top ridge of Godavari Bhanjyang, passing through the watershed of Dhungakhani Khola, along the top ridge of Bhagwan Danda and Lele Bhanjyang, through Deurali Thumki, Babiya Gaun, the watershed south of Mane, along the Bagmati River, up to Simpani.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

Vidushi Yogamaya Himalayan Ayurveda University Act, 2079

Certification Date
2079.05.28

Amending Acts

1. Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081 2081.12.18
2. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act Number 24 of the Year 2079

An Act Made to Provide for Vidushi Yogamaya Himalayan Ayurveda University

Preamble: Whereas, it is expedient to establish and operate Vidushi Yogamaya Himalayan Ayurveda University with the investment of the Government of Nepal, to conduct study, teaching and research on Ayurveda, Yoga, Meditation and Alternative Medicine and Herbs, to establish and operate Ayurvedic medicine production and the system of Ayurvedic and Alternative Medicine, and to contribute to the prosperity of the country by producing competitive and skilled human resources;

The Federal Parliament has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Vidushi Yogamaya Himalayan Ayurveda University Act, 2079".

(2) This Act shall commence on the thirty-first day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Chairperson" means the Chairperson of the University Council selected pursuant to Sub-section (10) of Section 7.

(b) "Research Centre" means the Research Centre pursuant to Section 24. Inserted by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.(b1) "Vice-Chancellor" means the Vice-Chancellor pursuant to Section 27.

(c) "College" means a constituent college or a community constituent college of the University.

(d) "Executive Council" means the Executive Council pursuant to Section 13.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

Inserted by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.(b1) "Vice-Chancellor" means the Vice-Chancellor pursuant to Section 27.

(c) "College" means a constituent college or a community constituent college of the University.

(d) "Executive Council" means the Executive Council pursuant to Section 13. Deleted by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.(e)

(f) "Central Department" means the Department pursuant to Sub-section (1) of Section 38.

(g) "Dean" means the head of a School.

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

(i) "Director" means the Director pursuant to Sub-section (2) or (3) of Section 38.

(j) "Officer" means an Officer pursuant to Section 6.

(k) "Academic Council" means the Academic Council pursuant to Section 15.

(l) "Ministry" means the Ministry of the Government of Nepal dealing with education matters.

(m) "Faculty Council" means the Faculty Council pursuant to Section 18.

(n) "University" means the Vidushi Yogamaya Himalayan Ayurveda University established pursuant to Section 3.

(o) "University Council" means the University Council pursuant to Section 7.

(p) "Teacher" means a Professor, Associate Professor, Reader, and Assistant Professor who provides education or conducts or causes research in the University, and the word also denotes Instructors of various levels of the University.

(q) "Teaching Hospital" means the Teaching Hospital established pursuant to Section 23.

(r) "School" means a departmental faculty or institute of study of the University established pursuant to Section 17. Chapter-2
Establishment of the University

3. Establishment of the University: (1) The Vidushi Yogamaya Himalayan Ayurveda University is established as a centre of academic excellence to conduct study, teaching and research on subjects related to Ayurveda, Yoga, Meditation and Alternative Medicine, exploratory study and research of herbs and production of Ayurvedic medicines and development of Ayurvedic and Alternative Medicine systems.

(2) The University, as a central university, shall be located within the Arun Valley of Koshi Province. Explanation: For the purpose of this Section and Section 46, "Arun Valley" means the local levels of the districts mentioned in Schedule-1. 4. University to be an Autonomous and Corporate Body: (1) The University shall be an autonomous corporate body with perpetual succession and shall have a legal personality.

(2) The University, as a legal person, shall exercise rights, perform duties, and discharge liabilities in accordance with the prevailing law. Chapter-3
Organization of the University and Officers

5.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

Provided that, for the first time after the commencement of this Act, the Ministry shall nominate them.

(4) While nominating members pursuant to Sub-section (3), representation of all provinces shall also be considered.

(5) The term of office of nominated members, other than the member nominated pursuant to clause (m) of Sub-section (2), shall be four years, and they may be re-nominated.

(6) The term of office of members pursuant to clause (m) of Sub-section (2) shall be one year. Provided that if such a member is selected as Chairperson, his/her term of office shall be four years, and while calculating his/her term, the period of membership shall also be added and calculated.

(7) The qualification of nominated members pursuant to Sub-section (2) shall be as follows:

(a) having completed thirty-five years of age,

Amended by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.(b) in the case of members pursuant to clauses (h), (i), (j), (j1), (j2) and (n) of Sub-section (2), having obtained at least a master's degree from a recognized university,

(c) not having been punished by a court for corruption, rape, human trafficking or transportation, narcotic drug sale or distribution or transportation, money laundering, passport misuse, kidnapping, or other criminal offenses involving moral turpitude,

(d) not being disqualified for appointment or nomination to a public office according to the prevailing law,

(e) a person nominated from a provincial government must be of that province, and a person nominated from a local level must be of that local level, and

(f) having a high moral character.

(8) If the office of any member nominated pursuant to Sub-section (2) falls vacant, another person shall be nominated to the vacant office through the same process by which such member was nominated.

(9) The nomination process under this Section shall be initiated at least six months before the expiry of the term of office of a member nominated pursuant to Sub-section (2).

(10) The members of the University Council shall select a Chairperson from among the members nominated pursuant to clauses (h), (i), (j), (j1), (j2), (k), (l), (m) and (n) of Amended by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.Sub-section (2). Provided that a foreign citizen shall not be selectable as Chairperson of the University Council.

(11) Deleted by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081

(12) If any member of the University Council remains absent from three consecutive meetings of the University Council without a reasonable cause or without prior information to the Chairperson, such member shall be deemed to have vacated his/her office. 7A.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

7A. Nominated Members of University Council to Vacate Office: (1) A nominated member of the University Council shall vacate office in the following circumstances:

(a) if he/she no longer possesses the qualification pursuant to Sub-section (7) of Section 7,
(b) if he/she resigns from office,
(c) if he/she dies.

(2) Notwithstanding anything contained in Sub-section (1), if the performance of any member is not satisfactory, the University Council may remove such person from office. Provided that before such removal, he/she shall be given a reasonable opportunity to present a defense. 8. Recommendation Committee: (1) For the purpose of nominating members pursuant to clauses (h), (i), (j) and (n) of Sub-section (2) of Section 7 for the first time after the commencement of this Act, the Ministry shall constitute a Recommendation Committee as follows:

(a) One person from among former Registrars or former officers of equivalent rank of universities established under the prevailing law - Coordinator
(b) Two persons, including at least one woman, from among persons who have made significant contributions in the field of Ayurveda, Yoga, Meditation or Alternative Medicine - Member

(2) The procedure of meetings of the Recommendation Committee and the process to be adopted while recommending names for nomination shall be as determined by the Committee itself.

(3) The Recommendation Committee shall recommend the name of the person to be nominated to the Ministry within thirty days from the date it commences work. 9. Meeting of the University Council: (1) The meeting of the University Council shall be held Amended by the Good Governance Promotion and Public Service Delivery related Some Nepal Acts Amendment Act, 2081.at least once a year.

(2) The meeting of the University Council shall be held on the date, time and place fixed by the Chairperson.

(3) The Member-Secretary of the University Council shall give notice to all members, including the agenda of subjects to be discussed in the meeting, at least fifteen days before the meeting of the University Council.

(4) In the University Council, if a majority of the members currently holding office are present, it shall be deemed to constitute a quorum for the meeting.

(5) If the quorum is not met in the meeting pursuant to Sub-section (4), a second meeting shall be called allowing a period of seven days.

(6) If the quorum is not met in the meeting called pursuant to Sub-section (5), a third meeting shall be called allowing a further period of three days.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

In the meeting so called, whatever number of members are present, it shall be deemed to constitute a quorum.

(7) On the recommendation of the Registrar, two students, including one female student studying in the University, may be invited to the meeting of the Council.

(8) The Chairperson shall preside over the meeting of the University Council. In the absence of the Chairperson, the senior among the members who are selectable as Chairperson pursuant to Sub-section (10) of Section 7 shall preside over the meeting.

(9) The opinion of the majority shall prevail in a meeting of the University Council, and in case of a tie, the person presiding over the meeting shall give a casting vote.

(10) The decision of the meeting of the University Council shall be certified by the person presiding over the meeting and kept by the Member-Secretary of the said Council, and a certified copy shall be provided to all members.

(11) Members may participate in a meeting of the University Council by using communication technology with the approval of the Chairperson. Such participation shall be deemed to be presence in the meeting.

(12) Other procedures relating to the meeting of the University Council shall be as determined by the said Council. 10. Special Meeting of the University Council: (1) One-fourth of the members of the University Council may request to call a special meeting of the University Council by stating the grounds and reasons.

(2) If a request is made to call a special meeting pursuant to Sub-section (1), the Chairperson shall call the meeting within fifteen days, and such meeting shall be limited to the subject for whose discussion it was called.

(3) If the Chairperson does not call a meeting pursuant to Sub-section (2), or if a petition is submitted pursuant to Sub-section (1) of Section 12, the Vice-Chancellor shall call the meeting, and the senior member pursuant to Sub-section (8) of Section 9 shall preside over such meeting.

(4) Other provisions relating to the conduct and decision-making process of special meetings shall be as per Section 9. 11.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

11. Functions, Duties and Powers of the University Council: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the University Council shall be as follows:

(a) to determine academic, educational, administrative, business and other necessary policies and standards of the University,
(b) to approve short-term and long-term plans and strategies to develop the University as a specialized university in line with its objectives,
(c) to approve the annual budget and program of the University,
(d) to approve the rules necessary for the University,
(e) to manage or cause management of resources required for the University,
(f) to determine and confer degrees to be awarded by the University,
(g) to determine service conditions, salary and facilities of researchers, employees and teachers,
(h) to grant approval for the establishment of Schools, Colleges, Research Centres, Production Centres, and the operation of Teaching Hospitals and the conduct of new programs necessary for operating the University's academic programs,
(i) to protect and enhance the academic values and standards of the University, and
(j) to make necessary arrangements for the smooth functioning of the University. 12. Removal from Office: (1) One-third of the members currently holding office in the Council may submit a written petition to the University Council, with evidence, stating that the Chairperson has failed to fulfill his/her official responsibilities, has not conducted himself/herself in accordance with the office, or has done any act contrary to the interest of the University.

(2) Upon receipt of a petition pursuant to Sub-section (1), the University Council shall, within twenty-one days, constitute a three-member investigation committee from among the members of the said Council to investigate such petition.

(3) The investigation committee pursuant to Sub-section (2) may also take the assistance of relevant experts during the investigation.

(4) If, upon investigation by the investigation committee pursuant to Sub-section (2), it appears that the Chairperson has failed to fulfill his/her official responsibilities, has not conducted himself/herself in accordance with the office, or has done any act contrary to the interest of the University, it shall recommend to the University Council for removal from office. Such recommendation shall be made within fifteen days from the date of initiating the investigation.

(5) Within sixty days from the date of receiving the recommendation pursuant to Sub-section (4), a majority of the members currently holding office in the University Council shall decide on the removal of the Chairperson.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

Such recommendation shall be made within fifteen days from the date of initiating the investigation.

(5) Within sixty days from the date of receiving the recommendation pursuant to Sub-section (4), a majority of the members currently holding office in the University Council shall decide on the removal of the Chairperson. Provided that before making a decision on removal, the University Council shall give him/her a reasonable opportunity to present a defense against the allegation leveled against him/her.

(6) From the date of recommendation for removal pursuant to Sub-section (4) until the final decision thereon, the Chairperson shall be automatically suspended from his/her office. Chapter-5
Constitution and Functions, Duties and Powers of the Executive Council

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

(2) The Executive Council shall be constituted as follows:

(a) Vice-Chancellor - Coordinator
(b) Dean - Member
(c) Two persons from among Directors of Central Departments and Teaching Hospitals - Member
(d) One person from among Principals of Colleges - Member
(e) One person from among teachers - Member
(f) Registrar - Member-Secretary

(3) The nomination of members pursuant to clauses (c), (d) and (e) of Sub-section (2) shall be made by the Chairperson on the recommendation of the Vice-Chancellor, and the term of office of nominated members shall be four years.

(4) If the office of a nominated member falls vacant for any reason, another person shall be nominated pursuant to Sub-section (2).

(5) The procedure of meetings of the Executive Council shall be as determined by the said Council. 14.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

14. Functions, Duties and Powers of the Executive Council: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Executive Council shall be as follows:

(a) to implement or cause implementation of the decisions and directives of the University Council,
(b) to prepare and submit the annual budget and program, progress report, audit report and other proposals of the University to the University Council for approval,
(c) to operate, oversee and protect the fund and movable and immovable property of the University,
(d) to submit proposals to the University Council for the establishment of Schools, Colleges, Research Centres, Production Centres and the operation of Teaching Hospitals and the conduct of new programs necessary for operating the University's academic and academic programs,
(e) to appoint and promote teachers and employees necessary for the University,
(f) to determine student fees,
(g) to constitute various committees, sub-committees or task forces as required,
(h) to ensure or cause assurance of the quality of educational and medical services provided by the University,
(i) to coordinate as required among the provincial government, local level, cooperatives and private sector for the systematic operation of the University, and
(j) to perform or cause performance of other functions assigned to the Executive Council. Chapter-6
Constitution and Functions, Duties and Powers of the Academic Council

15. Academic Council: (1) There shall be an Academic Council to function as the body for systematizing the academic, scholarly and research activities of the University.

(2) The Academic Council shall be constituted as follows:

(a) Vice-Chancellor - Coordinator
(b) Registrar - Member
(c) One person from among Directors - Member
(d) Two persons, including at least one woman, from among teachers - Member
(e) Two persons, including at least one woman, from among subject experts, ensuring representation of different disciplines in the fields of Ayurveda, Yoga, Meditation and Alternative Medicine - Member
(f) One person designated by the Vice-Chancellor from among Directors - Member
(g) One person designated by the Vice-Chancellor from among Deans - Member-Secretary

(3) The nomination of members pursuant to clauses (c), (d) and (e) of Sub-section (2) shall be made by the Vice-Chancellor, and the term of office of nominated members shall be four years.

(4) The procedure of meetings of the Academic Council shall be as determined by the said Council. 16.
Vidushi Yogmaya Himalayan Ayurveda University Act, 2022

16. 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 subjects to be studied, researched and trained at the University,
(b) to grant approval for programs related to the University's academic, research and innovation,
(c) to determine the qualification and basis for student admission, method of changing discipline, learning assessment method and type of examination,
(d) to perform necessary acts to maintain the educational quality of the University,
(e) to recommend to the University Council for various degrees to be awarded by the University,
(f) to advise the Executive Council on academic and research matters, and
(g) to perform functions assigned by the University Council. Chapter-7
Schools, Faculty Council, Subject Committee, Colleges, Teaching Hospital, Research Centre and Production Centre

17. Schools: (1) The University shall have the required number of Schools for study, teaching and research.

(2) The Schools pursuant to Sub-section (1), subject to the objectives and policies of the University, shall be functionally autonomous in academic, financial and administrative matters.

(3) Based on student numbers, adequacy of physical resources and facilities, and workload, one or more programs may be operated under a single School.

(4) Other provisions relating to the operation of Schools shall be as prescribed. 18. Faculty Council: (1) For each School, there shall be a Faculty Council, under the chairpersonship of the Dean, to function as the academic body of the School.

(2) The Faculty Council shall consist of a maximum of eleven members.

(3) The members of the Faculty Council shall be nominated by the Dean.

(4) The term of office of members pursuant to Sub-section (3) shall be two years, and they may be re-nominated.

(5) The procedure of meetings of the Faculty Council shall be as determined by the Faculty Council itself. 19.