chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Appropriation Act, 2024

7. Special Provisions Relating to Implementation of Projects or Programs: (1) If any project or program for which funds have been appropriated to be implemented by an agency of the Government of Nepal under this Act needs to be implemented through a province or local level, the concerned Ministry of the Government of Nepal shall make a decision to implement the program through the province or local level.

(2) Notwithstanding anything written in this Act or other prevailing law, if a province or local level deems it necessary to implement any capital project or program included in its budget and program through the concerned office of the Government of Nepal, it may, with the approval of the concerned Ministry of the Government of Nepal and the Ministry of Finance, Government of Nepal, decide to implement such project or program through the concerned office of the Government of Nepal.

(3) Information of the decision pursuant to Sub-sections (1) and (2) shall be provided to the concerned Ministry of the Government of Nepal, the Office of the Controller General, the concerned province or local level, the concerned Office of the Treasury and Comptroller Control, and the concerned Provincial Comptroller Office.

(4) Upon receipt of the decision for implementation by the province or local level pursuant to Sub-section (1), the concerned Office of the Treasury and Comptroller Control shall consider that decision as the authority to expend and shall assign an office code in the Ministerial Budget Information System as a federal entity to the office of the concerned province or local level within the Single Account Treasury System of the Government of Nepal, and release funds from that same code in accordance with prevailing federal law.

(5) Upon receipt of the decision to implement the project or program through the concerned office of the Government of Nepal pursuant to Sub-section (2), in the case of a provincial project or program, the Provincial Comptroller Office or Provincial Accounting Unit Office shall consider that decision as the authority to expend and shall assign an office code as a provincial entity to the concerned office of the Government of Nepal within the concerned Provincial Ministerial Budget Information System, and release funds.

(6) If a decision is made to implement a local level project or program through the concerned office of the Government of Nepal pursuant to Sub-section (2), the local level shall release the funds to be deposited into the miscellaneous account in the name of the federal entity at the concerned Office of the Treasury and Comptroller Control.

(7) The Ministry dealing with economic affairs of the province may transfer funds or revise programs by adding or reducing budgets from one project to another project included in the approved annual program that has been financially transferred as a conditional grant in the Provincial Line Ministry Budget Information System (PLMBIS).
Appropriation Act, 2024

Provided that, while making fund transfers or program revisions, it must be done with the consent of the thematic Ministry of the Government of Nepal, ensuring that the area and main objective of the approved annual program are not changed.

(8) If, during budget formulation for the fiscal year, a lump-sum financial transfer has been made for some programs, and if the thematic Ministry of the Government of Nepal has stipulated, by any criteria or procedure, that the conditional project or program must be implemented accordingly, it shall be done accordingly; and if no criteria or procedure exists, the Provincial Ministry dealing with economic affairs may, with the consent of the concerned thematic Ministry of the Government of Nepal, allocate and transfer funds within the end of Poush of the year 2081, ensuring that the objective of such lump-sum program is not affected. If the allocation is not made within that timeframe, the Government of Nepal, Ministry of Finance may freeze such amount.

(9) For the transfer/reallocation of funds or program revision in the conditional grant project or program pursuant to Sub-sections (7) and (8), the concerned Ministry of the province may submit an entry through the Budget Information System (LMIS) to the thematic Ministry of the Government of Nepal, and after fund transfer and program revision, the fund transfer may be updated in the Provincial Line Ministry Budget Information System (PLMBIS) with the consent of the Government of Nepal, Ministry of Finance.

(10) In the case of provincial projects or programs based on special grants and complementary grants, if allocation is required for budget implementation, the Ministry of Finance, upon the recommendation of the National Planning Commission, may make fund transfers or revise authorization, or provide consent to the Provincial Ministry dealing with economic affairs, without adversely affecting the area and objective of the program.

(11) In the case of local level projects or programs based on special grants and complementary grants, if allocation is required for budget implementation, the National Planning Commission may decide on fund transfers or authorization revision without adversely affecting the area and objective of the program, and may request the Government of Nepal, Ministry of Finance to update the details in the Ministerial Information System.

(12) A new program or project shall be implemented only after the source management of a project or program that is being implemented with source consent from the Government of Nepal, Ministry of Finance, or for which an obligation has been created by such consent, is fully ensured. 8.
Appropriation Act, 2024

8. Provisions Relating to Accounting, Reporting and Internal Audit: (1) When any project or program included in the budget and program of one level is implemented by another level under this Act, accounts shall be kept as prescribed by the prevailing federal law as an expenditure unit of the level where the fund was appropriated, and internal and final audit shall be conducted as prescribed by the Government of Nepal.

(2) The level implementing the project or program pursuant to Sub-section (1) shall prepare and certify the financial statement and send it to the level where the initial appropriation was made.

(3) When making a financial transfer for any project or program involving foreign source under the conditional grant from the Government of Nepal to be implemented by a province or local level, the source of the budget and payment method must be specified. The province or local level receiving such foreign source funds must maintain the source accordingly in their annual budget and program and implement it.

(4) While mobilizing the assistance pursuant to Sub-section (3), the province or local level shall submit a report to the concerned Ministry of the Government of Nepal, the concerned agency requesting reimbursement, the concerned Office of the Treasury and Comptroller Control, and the Provincial Comptroller Office within the timeframe specified in the format stipulated in the agreement.

(5) If the expenditure incurred cannot be reimbursed due to non-submission of the report pursuant to Sub-section (4), an amount equivalent to that shall be deducted from the Financial Equalization Grant to be transferred to the concerned province or local level in the next fiscal year, and the accounts shall be settled.

(6) Notwithstanding anything written in the prevailing law, the amount appropriated under recurrent expenditure heading number 26412 and capital expenditure heading number 26422 under this Act shall be subject to internal and final audit as prescribed by the Government of Nepal. 9.
Appropriation Act, 2024

9. Provisions Relating to Fiscal Discipline: (1) The revenue collected by a province or local level and the amount received as revenue sharing and financial transfer under this Act and prevailing law shall be expended by enacting a law.

(2) While enacting a law pursuant to Sub-section (1), it must be enacted ensuring compliance with the following matters:

(a) Follow the economic and financial policy of the Government of Nepal,

(b) Deposit all income into its own Consolidated Fund,

(c) Expend the grant amount only for the purpose for which it was received,

(d) Not transfer funds appropriated under capital expenditure to recurrent expenditure,

(e) Implement the classification of income and expenditure, accounting, and reporting system as specified by the Economic Procedure and Fiscal Responsibility Act, 2076 and other prevailing federal laws.

(3) The Government of Nepal, Ministry of Finance may issue necessary guidelines regarding the expenditure of the appropriated amount under this Act. Such guidelines must be mandatorily followed by all entities or offices.

(4) For the entire duration of completing the approved annual project or program under this Act, necessary contracted and temporary staffing, along with a manpower plan, must be approved by the end of Shrawan of the year 2081, after obtaining the consent of the Government of Nepal, Ministry of Finance.

(5) Notwithstanding anything written in the prevailing law, in relation to any project involving foreign source, the Accounting Officer shall coordinate with the donor agency, prepare financial reports, and make such financial statements available on time as per the agreement with the donor agency.
Appropriation Act, 2024

Arrangements must be made to enter the expenditure details including financial statements into the payment system (TSA) of the Office of the Controller General.

(6) The responsibility for monitoring whether the financial statements and expenditure details are entered into the payment system pursuant to Sub-section (5) or not shall lie with the Accounting Officer and the Office of the Controller General.

(7) For the Fiscal Year 2081/82, if the entity mentioned in Column 3 of Schedule-2 is not found to have proposed the budget and program in accordance with Section 9 of the Economic Procedure and Fiscal Responsibility Act, 2076 and Rule 26 of the Economic Procedure and Fiscal Responsibility Rules, 2077, the Government of Nepal, Ministry of Finance may, during the implementation of the budget for the Fiscal Year 2081/82, freeze the release of the budget amount of those respective programs or cause them to be surrendered.

(8) Subject to Sub-sections (2) and (3) of Section 9 of the Economic Procedure and Fiscal Responsibility Act, 2076, the concerned entity or Ministry shall keep secure and updated the details or justifications related to the preliminary budget proposed, so that they can be provided upon request.

(9) While making decisions on matters that create financial obligations, or while submitting proposals to the Government of Nepal, Council of Ministers, that are not included in the approved budget and program, prior consent of the Government of Nepal, Ministry of Finance must be mandatorily obtained.

(10) An employee who approves a project or program, contracts it out, or initiates a procurement process for an amount exceeding the amount appropriated under this Act may be subjected to action by the concerned authority pursuant to Section 57 of the Economic Procedure and Fiscal Responsibility Act, 2076. 10. Not to be Deemed Appropriated Contrary to Law: (1) Matters mentioned in this Act shall be as per this Act, and other matters shall be as per the prevailing law.

(2) To make budget appropriation effective, the Ministry of Finance may, at any time, correct entries in the Ministerial Budget Information System and errors in appropriation, without materially affecting the approved budget and program.

(3) If, while appropriating funds for any service and work under this Act, any procedure required to be completed under the prevailing law has not been completed, such appropriated amount shall not be deemed to have been appropriated contrary to law solely on the ground of non-completion of such procedure. 11.
Appropriation Act, 2024

11. May Formulate Directives, Procedures, Standards, Guidelines: (1) To make budget appropriation effective and to implement this Act, the Government of Nepal may formulate necessary directives, procedures, standards, or guidelines.

(2) If deemed necessary for the implementation of a program that is included in the approved annual program and for which funds have been appropriated, the concerned Ministry of the Government of Nepal may formulate procedures. Such procedure must be placed on the website of the concerned Ministry within seven days of its approval. Provided that, while formulating procedures that create additional financial obligations or obligations of a long-term nature, the consent of the Government of Nepal, Ministry of Finance must be obtained.

(3) Directives, procedures, and standards formulated by the Government of Nepal pursuant to Sub-section (1) shall be published in the Nepal Gazette. 12. May Make Necessary Arrangements: (1) If any difficulty arises in implementing this Act, the Government of Nepal may issue an order and make necessary arrangements.

(2) The order issued pursuant to Sub-section (1) shall be published in the Nepal Gazette. Schedule-1

(Relating to Section 2)

Amount Charged on the Federal Consolidated Fund as per the Constitution of Nepal

(In Rs. Lakhs)

 S.N. Grant Code Title Name Recurrent Expenditure Financial Arrangements Total

 1 101 President 81 81
 2 102 Vice-President 68 68
 3 103 Provincial Chiefs 310 310
 4 202 Federal Parliament 336 336
 5 204 Courts 819 819
 6 206 Commission for the Investigation of Abuse of Authority 124 124
 7 208 Office of the Auditor General 32 32
 8 210 Public Service Commission 132 132
 9 212 Election Commission 75 75
 10 214 National Human Rights Commission 83 83
 11 218 Judicial Council 48 48
 12 220 National Natural Resources and Fiscal Commission 130 130
 13 222 National Women Commission 82 82
 14 224 National Dalit Commission 87 87
 15 226 National Inclusion Commission 81 81
 16 228 Indigenous Nationalities Commission 81 81
 17 230 Madhesi Commission 81 81
 18 232 Tharu Commission 80 80
 19 234 Muslim Commission 85 85
 20 502 Ministry of Finance - Internal Loan Repayment 11744 245800 336944
 21 503 Ministry of Finance - Foreign Loan Repayment (Multilateral) 78680 407910 486590
 22 504 Ministry of Finance - Foreign Loan Repayment (Bilateral) 40836 131556 172392
 23 602 Ministry of Finance - Miscellaneous 1201 0 1201
 Total 1035268 2997266 4032534



Schedule-2

(Relating to Sections 2 and 3)

Amount Appropriated from the Federal Consolidated Fund

(In Rs. Lakhs)

 S.N.
Appropriation Act, 2024

Lakhs)

 S.N. Grant Code Title Name Recurrent Expenditure Capital Expenditure Financial Arrangements Total

 1 101 President 1299 133 0 1432
 2 102 Vice-President 436 20 0 456
 3 103 Provincial Chiefs 1810 64 0 1874
 4 202 Federal Parliament 13803 934 0 14737
 5 204 Courts 57386 23002 0 80388
 6 206 Commission for the Investigation of Abuse of Authority 16447 1289 0 17736
 7 208 Office of the Auditor General 6448 900 0 7348
 8 210 Public Service Commission 8655 150 0 8805
 9 212 Election Commission 5113 1010 0 6123
 10 214 National Human Rights Commission 2540 30 0 2570
 11 218 Judicial Council 490 25 0 515
 12 220 National Natural Resources and Fiscal Commission 821 19 0 840
 13 222 National Women Commission 718 10 0 728
 14 224 National Dalit Commission 288 13 0 301
 15 226 National Inclusion Commission 316 15 0 331
 16 228 Indigenous Nationalities Commission 296 10 0 306
 17 230 Madhesi Commission 307 10 0 317
 18 232 Tharu Commission 321 10 0 331
 19 234 Muslim Commission 314 10 0 324
 20 301 Office of the Prime Minister and Council of Ministers 50339 5578 0 55917
 21 305 Ministry of Finance 292252 137899 0 430151
 22 307 Ministry of Industry, Commerce and Supplies 59352 21053 0 80405
 23 308 Ministry of Energy, Water Resources and Irrigation 42592 361721 0 404313
 24 311 Ministry of Law, Justice and Parliamentary Affairs 5375 78 0 5453
 25 312 Ministry of Agriculture and Livestock Development 465028 37627 0 502655
 26 313 Ministry of Water Supply 9466 153724 0 163190
 27 314 Ministry of Home Affairs 1882245 106462 0 1988707
 28 325 Ministry of Culture, Tourism and Civil Aviation 24895 27454 0 52349
 29 326 Ministry of Foreign Affairs 59372 8370 0 67742
 30 329 Ministry of Forests and Environment 85615 34132 0 119747
 31 336 Ministry of Land Management, Cooperatives and Poverty Alleviation 59631 6677 0 66308
 32 337 Ministry of Physical Infrastructure and Transport 74851 1430470 0 1505321
 33 340 Ministry of Women, Children and Senior Citizens 6969 6906 0 13075
 34 343 Ministry of Youth and Sports 21854 13194 0 35048
 35 345 Ministry of Defence 539393 59321 0 598714
 36 347 Ministry of Urban Development 48547 631766 0 680313
 37 350 Ministry of Education, Science and Technology 529268 47695 0 576963
 38 358 Ministry of Communication and Information Technology 56590 16939 0 73529
 39 365 Ministry of Federal Affairs and General Administration 63587 1269 0 64856
 40 370 Ministry of Health and Population 337707 123716 0 461423
 41 371 Ministry of Labour, Employment and Social Security 15203 3294 0 18497
 42 391 National Planning Commission 1625 50 0 1675
 43 501 Ministry of Finance - Financial Arrangements 0 0 675579 675579
 44 601 Ministry of Finance - Employee Facilities and Retirement Facilities 935733 0 0 935733
 45 602 Ministry of Finance - Miscellaneous 497011 261291 0 758302
 46 701 Province 964508 0 0 964508
 47 801 Local Level 3124261 0 0 3124261
 Total 10371377 3523540 675579 14650496
Act Relating to Rights of Persons with Disabilities, 2017

Act Relating to the Rights of Persons with Disabilities, 2074 (2017)

Date of Authentication
2074.6.29 (October 16, 2017)

Amending Acts

1. The Act Relating to the Rights of Persons with Disabilities (First Amendment), 2075 (2018) 2075.6.2 (September 18, 2018)
2. The Act Relating to Amend Some Nepal Acts Relating to the Civil Code, 2075 (2018) 2076.1.2 (April 14, 2019)

Act Number 25 of the Year 2074 (2017)

An Act Made to Amend and Consolidate Laws Relating to the Rights of Persons with Disabilities

Preamble: Whereas, it is expedient to amend and consolidate laws relating to the rights of persons with disabilities in respect of ending discrimination against persons with disabilities, respecting their civil, political, economic, social and cultural rights, empowering persons with disabilities, ensuring their participation in policy-making and development processes, and ensuring an environment for a self-reliant and dignified life;

Now, therefore, the Legislature-Parliament has enacted this Act pursuant to Sub-section (1) of Article 296 of the Constitution of Nepal. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Act Relating to the Rights of Persons with Disabilities, 2074 (2017)."

(2) This Act shall commence on the ninety-first day after the date of its authentication. 2.
Act Relating to Rights of Persons with Disabilities, 2017

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Act Relating to the Rights of Persons with Disabilities, 2074 (2017)."

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

(a) "Helpless person with disability" means a person with disability who has no property of his/her own, has no family member or guardian to provide care and support, or is unable to earn a livelihood through self-employment.

(b) "Person with disability" means a person who has a long-term physical, mental, intellectual or sensory impairment, functional limitation or existing barrier which hinders his/her full and effective participation in social life on an equal basis with others.

(c) Omitted by the First Amendment

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

(e) "Directive Committee" means the National Directive Committee on Disability constituted pursuant to Section 38.

(f) "Family" means the grandfather, grandmother, father, mother, son, daughter, elder brother, younger brother, elder sister, younger sister or husband or wife of a person with disability, and said term also includes other relatives of his/hers living together in a joint family.

(g) "Accessible" means the condition where man-made physical structures, means of transportation, information and communication devices and technology, or services and facilities made available to the general public can be used equally without barrier, enabling persons with disabilities to live independently and participate fully in all aspects of life.

(h) "Rehabilitation Centre" means the Rehabilitation Centre pursuant to Section 29.

(i) Inserted by the First Amendment. "Enterprise" means any factory, association, organization, institution, company, firm or other entity which is established, incorporated, registered, formed or operated according to prevailing law for the purpose of doing industry, business or service, whether for profit or not for profit.

(j) "Language" means spoken or sign language and other types of non-verbal languages.

(k) Amended by the First Amendment. "Ministry" means the Ministry of Women, Children and Senior Citizens of the Government of Nepal.

(l) "Communication" means language, display of text, Braille, tactile communication, large print, accessible multimedia, accessible information and communication technology, including written, audio, plain language, human reader and augmentative and alternative modes, means and formats of communication.

(m) "Coordination Committee" means the Local Coordination Committee constituted pursuant to Section 42.

(n) "Local Level" means a Rural Municipality or Municipality.

(o) "Guardian" means a person appointed according to prevailing law to protect the rights and interests of a person with disability.

(p) "Protection Officer" means the Officer pursuant to Section 58. Chapter-2

Classification of Disability, Identity Card and Record

3.
Act Relating to Rights of Persons with Disabilities, 2017

Chapter-2

Classification of Disability, Identity Card and Record

3. Classification of Disability: (1) The classification of disability shall be as specified in the Schedule.

(2) The Ministry may, on the recommendation of a committee as prescribed, revise the classification of disability as per Sub-section (1). 4. Provision Relating to Identity Card for Disability: (1) For a person with disability to obtain an identity card for disability, the person himself/herself, or any member of his/her family or guardian shall submit an application to Amended by the First Amendment. the relevant Local Level, along with the recommendation of Amended by the First Amendment. the concerned Ward Office.

(2) Notwithstanding anything contained in Sub-section (1), if a person with disability cannot submit an application himself/herself, or if there is no family member or guardian of such person, the Ward Chairperson of the concerned Ward of the Local Level may submit an application on behalf of such person for the identity card for disability as per Sub-section (1).

(3) Upon receipt of the application pursuant to Sub-section (1) or (2), the Local Level shall conduct necessary investigation into the application. While conducting such investigation, in the case of a person whose disability is clearly visible, the Local Level shall issue an identity card for disability in the format as prescribed, also specifying the classification of disability.

(4) While investigating the application pursuant to Sub-section (3), in the case of a person whose classification of disability is not clear or there is doubt about whether or not he/she has a disability, the Local Level shall submit the matter to the Coordination Committee. Upon the recommendation of that Committee, the Local Level shall issue the identity card for disability as per Sub-section (3).

(5) If the Coordination Committee finds it necessary to conduct a physical examination of the person seeking the identity card for disability before making a recommendation pursuant to Sub-section (4), it shall cause a health examination of such person to be conducted at a nearby government hospital at the expense of the Local Level.

(6) If it is not found appropriate to issue an identity card for disability to any person upon investigation or physical examination as per this Section, the Local Level shall inform the applicant of the reasons thereof.

(7) A person aggrieved by the decision of the Local Level not to issue an identity card for disability pursuant to Sub-section (6) may file a complaint before the Ministry or an officer designated by the Ministry within thirty-five days. The decision of the Ministry on such complaint shall be final.

(8) Other provisions relating to the issuance of identity cards to persons with disabilities shall be as prescribed. 5.
Act Relating to Rights of Persons with Disabilities, 2017

The decision of the Ministry on such complaint shall be final.

(8) Other provisions relating to the issuance of identity cards to persons with disabilities shall be as prescribed. 5. Not to Obtain Identity Card by Providing False Information: (1) No person shall obtain an identity card for disability by providing false information, or obtain an identity card for a different classification of disability by providing false information in a matter falling under one classification of disability.

(2) If any person obtains an identity card for disability contrary to Sub-section (1), the identity card of such person shall be cancelled and he/she shall be subject to action under this Act.

(3) Amended by the First Amendment. Notwithstanding anything contained in Sub-section (2), if it is found that an officer has provided an identity card of a different classification to a person with disability, despite the person providing true information, the officer who issued such identity card shall be recommended for action according to prevailing law.

(4) If any person is found to have been appointed to a position reserved for persons with disabilities under prevailing law based on an identity card for disability obtained by providing false information, then, notwithstanding anything contained in prevailing law, such appointment shall be voided at any time, and the salary and other facilities received by him/her shall be recovered as government dues, and he/she shall be deemed to have committed the offense of falsifying qualifications for obtaining the position and shall be punished according to prevailing law. Amended by the First Amendment.6. Record Keeping Required: (1) The Local Level shall prepare a record including details as prescribed of persons with disabilities permanently residing within its area and shall update it annually.

(2) The Local Level shall send the record updated pursuant to Sub-section (1) to the Ministry of Federal Affairs and General Administration, the Ministry, and the ministry looking after the social sector of the Province.

(3) The Ministry shall prepare an integrated detail of persons with disabilities based on the records received pursuant to Sub-section (2).

(4) Persons with disabilities not included in the record under this Section shall not be entitled to claim services and facilities provided under this Act. Chapter-3

Rights of Persons with Disabilities

7. Right to Enjoy Rights According to Prevailing Law: In addition to the rights conferred by this Act, persons with disabilities shall have the right to enjoy rights conferred by prevailing law on an equal basis with other persons. 8. Right Against Discrimination: (1) A person with disability shall not be discriminated against on the basis of disability or deprived of personal liberty.
Act Relating to Rights of Persons with Disabilities, 2017

8. Right Against Discrimination: (1) A person with disability shall not be discriminated against on the basis of disability or deprived of personal liberty. Explanation: For the purpose of this Section, "discrimination on the basis of disability" means any act that creates obstacles or barriers or differentiates, excludes or restricts a person from the enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social or cultural fields on an equal basis with other persons, or on the basis of disability, and this term also includes discrimination by denial of reasonable accommodation.

(2) No person shall discriminate in any way on the basis of disability against a person with disability while enrolling him/her in an educational institution, while taking loans with or without collateral from banks and financial institutions or conducting other financial transactions, while selecting for any employment, or while providing any services or facilities made available to the public for a fee or free of charge.

(3) No family member or guardian of a person with disability shall discriminate in any way against such person on the basis of disability in matters of upbringing, food and drink, care, property distribution or other matters.

(4) No person shall prohibit or impose additional conditions or obligations on any person for the use of or entry into any building or place which is open for use or entry by the general public upon payment or non-payment of any fee on the basis of disability. 9. Right to Community Life: (1) A person with disability has the right to live with his/her family or guardian or in a residence of his/her choice on an equal basis with others, and he/she shall not be forced to live in any specific place.

(2) A person with disability has the right to obtain assistive devices and community support services as prescribed to live a dignified life. 10.
Act Relating to Rights of Persons with Disabilities, 2017

10. Right to Protection: (1) A person with disability has the right to be protected against all forms of inhuman or degrading treatment, physical or mental violence, gender-based violence, domestic violence, sexual abuse and exploitation from family, guardians or other persons.

(2) A person with disability has the right to receive security, rescue and protection on a priority basis in situations of armed conflict, emergency or disaster.

(3) The Government of Nepal shall make the following arrangements to protect persons with disabilities from all forms of exploitation, violence and abuse including gender-based violence:

(a) To take information and keep records of incidents of exploitation, violence and abuse, gender-based and sexual violence against persons with disabilities,
(b) To take effective legal action under this Act and prevailing law against exploitation, violence and incidents referred to in Clause (a),
(c) To ensure immediate and effective security, rescue, protection and rehabilitation of victims of such incidents,
(d) To make appropriate arrangements to prevent such incidents,
(e) To conduct awareness and counseling programs at the community level against such incidents. 11. Right to Political Participation: (1) A person with disability has the right to be a candidate in elections and to vote voluntarily, with or without assistance, in a fear-free environment on an equal basis with others.

(2) The Government of Nepal shall make appropriate arrangements to make the electoral process, facilities and materials accessible and understandable and usable by persons with disabilities. 12. Right to Participate in Policy Making: (1) A person with disability has the right to participate in significant policy-making processes of a nature affecting persons with disabilities, either directly or through associations or organizations related to them.

(2) While participating in a policy-making process under Sub-section (1), the views expressed by persons with disabilities shall be given due consideration based on their relevance. 13. Right to Establish Organizations: A person with disability has the right to establish, operate and manage associations or organizations according to prevailing law. 14. Right to Participate in Cultural Life: (1) A person with disability has the right to participate in cultural programs or services and entertainment including television programs, films, plays, theaters, cinema halls, libraries, tourism services, arts, literature, music, etc., in an accessible format and manner, on an equal basis with others.

(2) A person with disability has the right to develop and utilize his/her creative, artistic, intellectual, professional, occupational and inherent potential.

(3) A person with disability has the right to recognition and support for specific cultural and linguistic identity including sign language and deaf culture, on an equal basis with others. 15.
Act Relating to Rights of Persons with Disabilities, 2017

15. Right to Access to Services, Facilities and Justice: (1) A person with disability has the right to easy access to educational institutions, housing, workplaces, buildings, roads, transportation, electronic communication services, and other services and facilities that are open to or provided to the general public.

(2) To ensure access to justice for persons with disabilities, they have the right to free legal aid. 16. Right to Social Security: (1) Prescribed persons with disabilities shall have the right to receive financial assistance or social security as prescribed by the Government of Nepal.

(2) A person with disability, while obtaining and enjoying any opportunity, shall have the right to be reimbursed for the additional expenses incurred for the assistive services used by him/her. 17. Right to Information and Knowledge: (1) A person with disability has the right to obtain information and knowledge through public communication media on the basis of disability-friendly and accessible format.

(2) Electronic broadcasting institutions of public communication shall broadcast news and other programs in sign language in the number prescribed by the Government of Nepal.

(3) A person with disability has the right to receive information targeted at the general public in accessible format and technology without additional fee or charge.

(4) Providers of communication services including telephone and internet shall make their services available in an accessible format usable by persons with disabilities within the timeline prescribed by the Government of Nepal. 18. Right to Freedom of Movement: A person with disability has the right to move freely with his/her assistive devices and chosen assistant, like any other person. Chapter-4

Additional Rights of Women and Children with Disabilities

19. Rights of Women with Disabilities: (1) The Government of Nepal shall make necessary arrangements as prescribed to protect the rights of women with disabilities and to create an enabling environment for the optimal utilization of their knowledge, skills and capabilities.

(2) The Government of Nepal shall make necessary arrangements for the protection of the health and reproductive rights of women with disabilities, taking into consideration their special circumstances. 20.
Act Relating to Rights of Persons with Disabilities, 2017

Chapter-5

Education of Persons with Disabilities

21. Provision of Free Education: (1) Persons with disabilities shall be provided free education up to the secondary level by educational institutions operated by the Government of Nepal or the Local Level or receiving grants from the Government of Nepal.

(2) The Government of Nepal shall provide free higher education to persons with disabilities through educational institutions as prescribed.

(3) No fee of any kind shall be charged from persons with disabilities upon enrollment in educational institutions.

(4) Vocational and technical education as prescribed shall be provided free of charge to persons with disabilities.

(5) Educational institutions shall not discriminate against persons with disabilities in their extracurricular activities, distribution of educational materials and access.

(6) The Government of Nepal shall make arrangements to provide education through multiple means such as Braille or alternative script, sign language, information technology tools and peer learning, according to their needs, to facilitate education for persons with disabilities.

(7) The Government of Nepal may make arrangements to provide education as prescribed to persons with disabilities who are blind, deaf, hard of hearing, or deafblind through appropriate language modalities, script, curriculum, textbooks and accessible information technology.

(8) The Government of Nepal may make arrangements to provide education with residential facilities to persons with disabilities as prescribed, based on poverty, geographical remoteness or severity of disability.

(9) Persons with disabilities shall be enabled to access vocational and technical education, adult education, practical education and lifelong learning by providing reasonable accommodation.

(10) The Government of Nepal shall make separate provisions regarding examination and evaluation systems for students with disabilities based on the classification of disability and as per requirement.

(11) Educational institutions shall make arrangements for disability-friendly educational materials taking into account the needs of persons with disabilities.

(12) Educational institutions shall construct school buildings and other physical structures according to the standards determined by the Ministry, ensuring accessibility for persons with disabilities.

(13) Educational institutions operated by the private sector shall provide free study facilities to students with disabilities in the number prescribed by the Government of Nepal. 22. Provision of Scholarships and Financial Assistance: (1) The Government of Nepal shall provide educational scholarships as prescribed to students with disabilities for education that is not free.

(2) The Government of Nepal shall provide financial assistance as prescribed for the development of physical infrastructure and other services and facilities of schools that have special education programs for students with disabilities. 23.
Act Relating to Rights of Persons with Disabilities, 2017

23. Enhancing Access to Quality Education for Students with Disabilities: (1) The Government of Nepal shall make necessary arrangements as prescribed to continue and promote the studies of students with disabilities.

(2) The Government of Nepal shall make arrangements for special training for teachers teaching students with disabilities and teachers with disabilities.

(3) The Government of Nepal shall provide educational materials as prescribed free of cost to schools to ensure access to school and learning for students with disabilities. Chapter-6

Skill Development and Employment

24. Vocational Training and Self-Employment: (1) The Government of Nepal shall provide vocational training to enhance the skills of persons with disabilities, develop professionalism and create conditions for self-employment.

(2) The Government of Nepal shall make arrangements to provide loans at concessional rates as prescribed to persons with disabilities wishing to engage in various professions or businesses, based on their skills, capabilities and proposals prepared by them for the profession or business.

(3) No enterprise shall discriminate against a person with disability in matters of employment or related matters.

(4) Notwithstanding anything contained in Sub-section (3), the Government of Nepal may grant exemptions for specific employments from the application of that Sub-section.

(5) An enterprise shall make arrangements for employees or workers with disabilities to be able to work conveniently.

(6) No person shall deprive any person of promotion opportunities or refuse promotion solely on the basis of disability.

(7) Notwithstanding anything contained in prevailing law, the body or institution providing employment shall not terminate the employment or demote a worker or employee with disabilities in the course of employment.

(8) In relation to an employee with disabilities under Sub-section (7), the following shall be done:

(a) If the worker or employee becomes disabled to the extent of being unable to perform the duties of the position he/she was holding, he/she shall be assigned to another post with equal salary and benefits,
(b) If it is not possible to assign such worker or employee to another post, another suitable post shall be created for him/her, or an additional post shall be maintained for him/her until his/her retirement. 25. Obligation to Appoint Persons with Disabilities: (1) The Government of Nepal may prescribe that a specific number of persons with disabilities shall be appointed in an enterprise, based on their physical capacity, training, qualification and experience, as far as suitable work is available.

(2) Enterprises prescribed under Sub-section (1) shall appoint persons with disabilities based on the priority as prescribed. 26.
Act Relating to Rights of Persons with Disabilities, 2017

26. Record Keeping Required: (1) An enterprise shall keep an updated record of the number of persons with disabilities working in its enterprise, facilities provided to them, and other details as prescribed.

(2) The record maintained under Sub-section (1) shall be kept open by the enterprise for inspection by those wishing to inspect it within the timeline at the Local Level. 27. Right to File Complaint to the Manager: (1) If any person suffers loss or damage due to an enterprise failing to comply with the provisions of Sub-sections (3), (4), (5) or (6) of Section 24, such person may file a complaint with the Manager. Explanation: For the purpose of this Chapter, "Manager" means the officer authorized to make final decisions on the operations of the enterprise.

(2) Upon receiving a complaint under Sub-section (1), the Manager shall conduct necessary investigation into the complaint within fifteen days. If the content of the complaint is found to be reasonable upon such investigation, the Manager shall make necessary corrections or rectify the errors. Chapter-7

Health, Rehabilitation, Social Security and Recreation

28. Provision of Free Health Services: (1) The Government of Nepal shall make arrangements to provide free health services and necessary therapy services including speech therapy and occupational therapy to persons with disabilities whose annual income is less than the income prescribed, or who are admitted to government hospitals for the treatment of prescribed diseases. Explanation: For the purpose of this Section, "Hospital" also includes health center.

(2) The Government of Nepal shall provide free of cost, as prescribed, medicines that need to be taken due to disability, and factors required by persons with hemophilia.

(3) The Government of Nepal shall make necessary arrangements to remove barriers to access to hospitals for the health treatment of persons with disabilities.

(4) Health workers at hospitals shall provide the best possible quality health treatment services available at the hospital to persons with disabilities on a priority basis.

(5) Hospitals operated by the public and private sectors having more than twenty-five beds shall reserve at least two beds for persons with disabilities.

(6) The Government of Nepal shall make necessary arrangements regarding the prevention of preventable disabilities, and to identify, prevent, control, eliminate and treat factors causing disability.

(7) The Government of Nepal shall make necessary arrangements to provide treatment from a nearby hospital to minimize the deviation of organ and organic functions arising from disability. 29. Provision Relating to Rehabilitation: (1) The Government of Nepal shall rehabilitate persons who are fully disabled, severely disabled, without support, or with intellectual disabilities, and persons with mental or psychosocial disabilities.
Act Relating to Rights of Persons with Disabilities, 2017

29. Provision Relating to Rehabilitation: (1) The Government of Nepal shall rehabilitate persons who are fully disabled, severely disabled, without support, or with intellectual disabilities, and persons with mental or psychosocial disabilities. Explanation: For the purpose of this Section, "Rehabilitation" means medical services, life-skills based and vocational training, assistive devices, medication, regular counseling services, educational and economic programs provided to enable a person with disability to live an active life in society, and also includes residential programs operated for the accommodation of persons with disabilities.

(2) The Government of Nepal may establish Rehabilitation Centres as required for the purpose of arranging appropriate housing, empowering and rehabilitating persons with disabilities into society.

(3) Any organization may establish and operate a Rehabilitation Centre for the purpose of Sub-section (1) upon obtaining approval as prescribed.

(4) The Government of Nepal may provide financial and other assistance to Rehabilitation Centres as prescribed.

(5) Standards for physical and other infrastructure, management and operation required in a Rehabilitation Centre, and provisions relating to monitoring shall be as prescribed. 30. Rehabilitation Fund: (1) The Government of Nepal shall establish a Rehabilitation Fund for operating the Rehabilitation Centres established pursuant to Sub-section (2) of Section 29.

(2) The Fund under Sub-section (1) shall consist of the following amounts:

(a) Amount received from the Government of Nepal,
Inserted by the First Amendment. (a1) Amount received from the Provincial Government,
(b) Amount received as assistance from any person or institution,
(c) Amount received from foreign individuals, associations or institutions,
(d) Amount received from the Local Level,
Amended by the First Amendment. (e) Amount received from fines imposed under Section 55,
(f) Amount received from any other source.

(3) Provisions relating to the operation of the Rehabilitation Fund shall be as prescribed. 31. Conducting Research: The Government of Nepal shall conduct or cause to be conducted necessary research for the empowerment of persons with disabilities, enhancing their access to services and facilities, and the development of disability-friendly services, facilities and technology. 32.