chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Iodized Salt (Production and Sales) Act, 1998

Provided that, if the Committee comes to know that the licensed person or institution is unable to produce, import, supply and sell distribute iodized salt according to demand in the area specified in the license, the Committee may, upon conducting an inquiry as prescribed and if it finds the matter reasonable, grant a license to any other person or institution to produce, import, supply and sell distribute iodized salt in that area. 10. Matters to be Observed by the Licensed Person or Institution: The technical and management-related matters to be adopted by the licensed person or institution while producing, importing, supplying and selling distributing iodized salt shall be as prescribed. 11. License May be Cancelled: (1) If a licensed person or institution fails to comply with the matters required to be adopted under Section 10 while producing, importing, supplying and selling distributing iodized salt, the Committee may issue necessary orders to such person or institution, fixing a specific period for compliance.

(2) If the licensed person or institution fails to comply with the order within the period fixed under subsection (1), the Committee may cancel the license of such person or institution.

(3) Before cancelling a license under subsection (2), the Committee shall give the concerned licensed person or institution a reasonable opportunity to submit its explanation.

(4) A person or institution aggrieved by the decision of the Committee to cancel the license under subsection (2) may file an appeal with the Ministry within thirty-five days. Chapter-3

Iodine Deficiency Disorders Elimination Committee

12.
Iodized Salt (Production and Sales) Act, 1998

Chapter-3

Iodine Deficiency Disorders Elimination Committee

12. Iodine Deficiency Disorders Elimination Committee: (1) For implementation in accordance with the policy and direction of the Government of Nepal, an Iodine Deficiency Disorders Elimination Committee shall be constituted with the following Chairperson and members:-

(a) Secretary, Ministry of Health - Chairperson

(b) Amended by the Some Nepal Acts Amendment Act, 2082.Representative (Special Class Gazetted), Ministry of Industry, Commerce and Supplies - Member

(c) Deleted by the Some Nepal Acts Amendment Act, 2082

(d) Deleted by the Some Nepal Acts Amendment Act, 2082

(e) Representative (Special Class Gazetted), Ministry of Health - Member

(f) Chief of the Central Food Research Laboratory - Member

(g) Representative, Federation of Nepalese Chambers of Commerce and Industry - Member

(h) Two persons nominated by the Government of Nepal from among persons or institutions engaged in the production, import, supply and sale distribution of iodized salt - Member

(i) Two nutrition scientists nominated by the Government of Nepal - Member

(j) One person on behalf of consumers - Member

(k) An officer of the Ministry of Health designated by the Government of Nepal - Member-Secretary

(2) The term of office of the members and Member-Secretary under clauses (h), (i), (j) and (k) shall be two years, and they may be re-nominated.

(3) The Committee may invite experts as observers in its meetings.

(4) The Government of Nepal may, by notification in the Nepal Gazette, increase, decrease or change the members of the Committee.

(5) The Secretariat of the Committee shall be located at the Ministry of Health.

(6) The budget required for the Committee shall be provided by the Government of Nepal. 13. Meeting of the Committee: (1) A meeting of the Committee shall be held at least four times a year.

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

(3) If fifty percent of the members of the Committee are present, it shall be deemed to constitute a quorum for the meeting of the Committee.

(4) Decisions at the meeting of the Committee shall be made on the basis of a majority of the members present. In case of a tie, the Chairperson shall cast the deciding vote.

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

(6) Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself. 14.
Iodized Salt (Production and Sales) Act, 1998

In case of a tie, the Chairperson shall cast the deciding vote.

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

(6) Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself. 14. Functions, Duties and Powers of the Committee: In addition to other functions, duties and powers mentioned in this Act, the functions, duties and powers of the Committee shall be as follows:-

(a) To grant approval as prescribed for labels and packages of iodized salt submitted by producers, importers, suppliers and distributors.

(b) To coordinate work relating to the dissemination of information and educational materials concerning iodized salt.

(c) To supervise and monitor as prescribed whether the provisions mentioned in this Act and the rules made under this Act are complied with.

(d) To give necessary directions to the Inspector regarding investigation and prosecution against a person producing, importing, supplying and selling distributing iodized salt or salt not containing iodine contrary to the provisions mentioned in this Act and the rules made under this Act. Chapter-4

Provisions Relating to Quality Certification and Label Approval

15. Quality: (1) At the time of production, import, supply and sale distribution of iodized salt, the quality that iodized salt must have shall be as determined or recommended by the Committee.

(2) The quality of iodized salt determined or recommended by the Committee under subsection (1) shall be published by the Government of Nepal in the Nepal Gazette.

(3) The Central Food Research Laboratory shall have the authority to test whether the quality of iodized salt produced or imported in Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. conforms to the quality as mentioned in subsection (1).

(4) Iodized salt whose expiry date for maintaining the quality determined under subsection (1) has passed shall not be supplied to the market or sold or distributed or caused to be sold or distributed.

(5) The method to be adopted by producers, importers, suppliers and distributors while packaging and transporting iodized salt to prevent deterioration, adulteration and contamination of the quality of iodized salt shall be as prescribed. 16.
Iodized Salt (Production and Sales) Act, 1998

16. Quality Certification: (1) Before selling distributing iodized salt through dealers in Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the producer, importer or distributor shall have the quality certified by the Central Food Research Laboratory after testing.

(2) For iodized salt produced or imported and already brought into sale before the commencement of this Act, the producer or supplier or distributor shall, within six months from the date of commencement of this Act, have the quality certified by the Central Food Research Laboratory after testing.

(3) For the purpose of subsections (1) and (2), the producer, importer or distributor shall submit an application to the Central Food Research Laboratory in the prescribed format along with the prescribed fee and a sample of the iodized salt.

(4) Upon receipt of the sample along with the application under subsection (3), the Central Food Research Laboratory shall test whether the salt conforms to the quality determined under Section 15, and if found to conform to the determined quality, it shall certify the quality of such product. 17. Approval of Label: (1) Before selling distributing iodized salt produced or imported in Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the producer or importer or distributor shall submit an application to the Committee for approval of the label of such salt in the prescribed format along with the prescribed fee.

(2) For iodized salt already produced or imported within Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. before the commencement of this Act, the producer or importer or distributor shall have the label approved by the Committee within six months from the date of commencement of this Act.

(3) The label shall be prepared by the producer, importer or distributor in such a manner as to provide necessary information and encouragement regarding the beneficial use of iodized salt.

(4) The label shall contain the following information and messages printed indelibly in the Nepali language and, as necessary, in the English language, clearly and easily understandable:-

(a) Logo as approved by the Committee,

(b) Full name and address of the producer and the packer,

(c) Net weight of the packed iodized salt,

(d) Year and month of packing,

(e) Iodine content (in P.P.M.),

(f) Measures and techniques to be adopted to prevent the destruction, evaporation and loss of iodine mixed in iodized salt,

(g) Expiry date for maintaining the quality of iodized salt,

(h) Other details as prescribed. 18.
Iodized Salt (Production and Sales) Act, 1998

18. Appointment and Functions, Duties and Powers of Inspector: (1) To inspect and examine whether producers, importers, suppliers and distributors have complied with the provisions mentioned in this Act or the rules made under this Act, the Ministry may, on the recommendation of the Committee, appoint a necessary number of Inspectors, or designate employees serving in the Government of Nepal, with the consent of the concerned body, to work as Inspectors.

(2) The qualifications required for an Inspector shall be as prescribed.

(3) The Inspector shall conduct inspection and examination as prescribed regarding whether producers, importers, suppliers and distributors have complied with the provisions mentioned in this Act or the rules made under this Act, and submit a report thereof to the Committee.

(4) Other functions, duties and powers of the Inspector, besides those mentioned in subsection (3), shall be as prescribed. Chapter-5

Responsibility of Information, Education and Health Institutions

19. Information and Education Regarding Iodized Salt: (1) The Ministry shall grant approval for the dissemination of useful information and educational materials relating to iodized salt that can be read, heard and seen.

(2) The information and educational materials relating to iodized salt under subsection (1) shall be of a nature providing clear information on the following matters:-

(a) The necessity and importance of iodized salt for human and animal health,

(b) Benefits from the use of iodized salt,

(c) Effects on human and animal health from eating or feeding salt not containing iodine,

(d) Difference in price between iodized salt and salt not containing iodine,

(e) Measures to prevent the destruction, loss or evaporation of iodine mixed in iodized salt, and the techniques to be adopted for that purpose.

(3) The information and educational materials under subsection (2) shall contain only correct and useful information and shall be of a nature that discourages the consumption of salt not containing iodine. 20. Responsibility of Health Institutions: (1) To encourage the general public in the use of iodized salt, the Ministry shall issue necessary orders and directions to health institutions to adopt necessary measures.

(2) It shall be the duty of a health institution to comply with the orders and directions given by the Ministry under subsection (1). 21.
Iodized Salt (Production and Sales) Act, 1998

21. Permit, License or Authorization May be Suspended or Cancelled: (1) If, from a report submitted by the Inspector under subsection (3) of Section 18, it appears that a producer, importer, supplier or sale distributor has not complied with this Act or the rules made under this Act or with orders or directions given thereunder, the Ministry may, on the recommendation of the Committee, write to the concerned body to suspend or cancel the permit, license or authorization obtained from the Government of Nepal or any other body for carrying on the business or profession of such producer, importer, supplier or sale distributor.

(2) If a letter is received under subsection (1), the concerned body shall also initiate necessary action towards suspending or cancelling such a permit, license or authorization. Chapter-6
Offense and Penalty

22. Deemed to Have Committed an Offense: The following acts shall be deemed to constitute an offense under this Act:-

(a) Importing, purchasing or selling salt not containing iodine within deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. without the approval of the Committee under Section 3,

(b) Producing, importing, supplying and selling distributing iodized salt in Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. without obtaining a license under Section 4,

(c) Producing, importing, supplying and selling distributing iodized salt not having the quality determined under Section 15,

(d) Performing any other act contrary to this Act or the rules made under this Act, other than the acts mentioned in clauses (a), (b) and (c). 23. Penalty: The following penalty shall be imposed on a person committing an offense under the respective clause of Section 22:-

(a) A person committing an offense under clauses (a), (b) and (c) shall be liable to confiscation of the proceeds and a fine equal to the proceeds or imprisonment for up to one year or both.

(b) A person committing an offense contrary to clause (d) shall be liable to a fine of up to one thousand rupees, depending on the nature of the offense. Chapter-7
Miscellaneous

24. Liability of Institution: If an institution performs any act that constitutes an offense under this Act, the officer acting as the chief administrative officer of such institution shall be liable for the penalty. Provided that, in the case of an offense committed before a person became the chief administrative officer, such person shall not be liable for the penalty. 25.
Iodized Salt (Production and Sales) Act, 1998

Provided that, in the case of an offense committed before a person became the chief administrative officer, such person shall not be liable for the penalty. 25. Sub-Committee May be Formed: (1) For the implementation of the provisions mentioned in this Act and the rules made under this Act, the Committee may form Sub-Committees as necessary.

(2) The functions, duties and powers and the procedure of a Sub-Committee formed under subsection (1) shall be as prescribed by the Committee. 26. Delegation of Powers: The Committee may delegate, as necessary, some of the powers vested in it under this Act to the Chairperson or any member of the Committee or to the coordinator or member of a Sub-Committee or to an officer employee. 27. Government to be Plaintiff: Cases under this Act shall be on behalf of the Government of Nepal. 28. Investigation and Diary of Case: (1) The Inspector shall investigate a case relating to an offense punishable under this Act, and after completion of such investigation, shall file the case in the District Court.

(2) While investigating and filing a case under subsection (1), the Inspector shall obtain the opinion of the Government Attorney. 29. Power to Make Rules: The Government of Nepal may make necessary rules for the purpose of implementing the objectives of this Act.
Partnership Act, 1964

PARTNERSHIP ACT, 2020

Royal Seal and Publication Date
2020.11.16

Amending Acts

1. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
2. Partnership (First Amendment) Act, 2044 2044.7.1
3. Judicial Administration Act, 2048 2048.2.16

Ratification and Publication Date

4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
5. Some Nepal Acts Amendment Act, 2072 2072.11.13
6. Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 2075.11.19

Act No. 36 of the year 2020



An Act Made to Provide for Partnership

Preamble: Whereas, it is desirable to make legal provisions relating to partnership for the benefit and convenience of the general public,

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat. Chapter-1

Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Partnership Act, 2020".

(2) This Act shall extend throughout Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

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

(a) "Business" includes every trade, occupation, profession or vocation.

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

(c) "Third Party" means any person other than a partner in relation to a partnership firm.

(d) "Notification" means any order of the Government of Nepal published in the Nepal Gazette. Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075. (e) "Concerned Department" means the Department of Commerce, Supply and Consumer Interest Protection for matters concerning firms relating to commerce, and the Department of Industries for matters concerning industries other than those, and the said word shall also mean the department or office looking after commerce and industries of the provincial government for matters concerning commerce and matters concerning cottage and small industries. 3. Meaning of Partnership: (1) Partnership means a relationship between persons who have agreed among themselves, keeping a common name, to share the profits, with all partners participating in all transactions for each partner or any partner participating for all partners, and which has been registered in the records of the Government of Nepal pursuant to this Act.

(2) The persons who have so agreed are called partners mutually, and collectively the firm, and the name under which the business is carried on is called the firm name.

(3) A partnership firm is not a person apart from the partners. 4.
Partnership Act, 1964

4. Joint Family Business Not Deemed Partnership: Unless the co-sharers of a joint family have agreed and are carrying on business in partnership, the business of the joint family shall not be deemed a partnership for the purposes of this Act. Chapter-2

Firms to be Registered in the Records of the Concerned Department and to Obtain Certificate

5. Registration in the Records of the Concerned Department: Within six months of the formation of a partnership, such partnership shall be registered in the records of the concerned department pursuant to this Act. Provided that, any act or transaction done by or on behalf of such partnership during the period it remains unregistered as aforesaid shall not have legal validity under this Act. 6. Matters to be Disclosed in Application for Registration and Fee: An application shall be made to the concerned department in the format of Schedule 1 (A), including the fee specified in Schedule 2 (A), along with a duly certified copy of the agreement among the partners, if any, disclosing the following matters:

(a) Full name of the firm,
(b) Principal place of business of the firm,
(c) Objectives of the firm, with a brief description of the goods or items the firm intends to deal in or the services it intends to provide,
(d) Full names, surnames and permanent addresses of the partners,
(e) If any restrictions are imposed on the authority of any partner, that fact,
(f) Type of partners and the capital contributed by each partner,
(g) Name of the partner or partners representing the firm,
(h) Manner of sharing profits and losses,
(i) Manner of ascertaining profits,
(j) Any other matters the concerned department may prescribe to be disclosed. 7. Firm Name: A firm name shall not be such as to be identical with the name of any other firm already registered or with the name of a limited company registered under the Companies Act. 8. Certificate of Firm Registration: If the conditions under Sections 6 and 7 are met, after the firm name has been entered in the register book of the concerned department under this Act, a certificate in the format of Schedule 3 (A) shall be issued in the name of the partners from the concerned department. 9. Firms Already Registered Not Required to Register Again: Firms already registered under the Private Firm Registration Act, 2014 shall not be required to register again under this Act. Provided that, if the particulars mentioned in Schedule 1 (A) referred to in Section 6 were not previously included, the partners shall submit such particulars if demanded by the concerned department. 10. Permission Required for Change in Particulars: Amended by the First Amendment.
Partnership Act, 1964

Provided that, if the particulars mentioned in Schedule 1 (A) referred to in Section 6 were not previously included, the partners shall submit such particulars if demanded by the concerned department. 10. Permission Required for Change in Particulars: Amended by the First Amendment. If any change is required in the particulars of the application and the agreement submitted under Section 6 at the time of firm registration, an application shall be made to the concerned department stating such change, and such particulars may be changed only after obtaining approval from the concerned department. 11. Renewal Required: Amended by the First Amendment. Within thirty-five days of the expiry of the fiscal year of a firm registered under this Act, an application shall be made to the concerned department in the format of Schedule 1 (B) along with the fee specified in Schedule 2 (B). If the application with the fee is submitted within said period, the concerned department shall record the renewal in the registration record and on the registration certificate of such firm. No firm shall be operated under the same name without getting it renewed. 11A. Concerned Department May Demand Statement: Added by the First Amendment. (1) The concerned department may demand a statement of accounts from any firm registered under this Act.

(2) It shall be the duty of such firm to submit the statement of accounts demanded under sub-section (1) to the concerned department. 11B.
Partnership Act, 1964

11B. Firm May Be Dissolved: Added by the First Amendment. (1) The concerned department may dissolve a firm registered under this Act in the following circumstances:

(a) If a firm registered for commercial business fails to get renewed within the prescribed period,
(b) If the partners submit an application to the concerned department for dissolution of the firm stating reasonable cause,
(c) If the concerned firm fails to submit the statement under Section 11A within the prescribed period when demanded by the concerned department,
(d) If an industry-related firm operates and then closes the industry, whether or not informing the concerned department,
(e) If an industry-related firm fails to get renewed within the prescribed period from the date of expiry of the renewal deadline, or having obtained renewal, fails to submit a written progress report to the concerned department regarding the construction of factory, purchase of machinery, tools, equipment, or actions required for establishing and operating the industry as per the license conditions, or
(f) If the firm does any other act contrary to this Act or the Rules made under this Act.

(2) Before dissolving a firm under clauses (a), (c), (d), (e) or (f) of sub-section (1), the concerned firm shall be given a reasonable opportunity to present evidence.

(3) If a firm is dissolved by the concerned department under clauses (a), (c), (d), (e) or (f) of sub-section (1), another firm with the same objectives shall not be registered in the names of the partners of the dissolved firm for one year. Added by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075.11C. Registration of Partnership in Province: The registration, renewal and other related arrangements of partnership at the provincial level shall be as provided by provincial law, subject to this Act. Chapter 3

Mutual Relations of Partners

12. Mutual Relations of Partners: (1) The rights and duties of partners in a partnership are determined by the agreement among the partners. Such agreement may be implied from the conduct of the parties or be in writing.

(2) In case of a partnership agreement, the provisions written in such agreement shall apply, and in the absence thereof, the provisions of Sections 13 to 26 of this Act shall apply to the partnership. 13. Property of the Partnership: The property of the partnership shall be as follows:

(a) All property contributed at the commencement of the common business,
(b) Property acquired for or on behalf of or for the purposes of the partnership,
(c) Money earned by a partner by carrying on business, and
(d) Goodwill acquired from the business carried on by the partnership.
Partnership Act, 1964

Explanation: Unless a contrary intention appears from the context, all property and rights acquired with the firm's money shall be deemed to have been acquired for the firm. 14. Use of Partnership Property: The partnership property shall not be used or allowed to be used by the partners for any purpose other than the partnership business. 15. No Compulsion to Contribute More Capital: No partner shall be compelled to contribute more capital than the amount specified in the partnership agreement, even if demanded by other partners. 16. Not to Admit Substitutes: No partner shall, without the consent of the other partners, introduce or admit any other person as a partner in his stead. 17. Partner's Right to Participate in Management: (1) Subject to an agreement excluding a partner from participating in the management of the partnership business, every partner has a right to take part in the management of the common business, unless there is any objection. Provided that, without the consent of all partners, no other work unrelated to the common business shall be done in the name of the partnership.

(2) If it is agreed that all or any business of the partnership shall be done jointly by all partners or by any two or more of them, and if due to any reasonable cause all such partners are unable to do such work as agreed, they may authorize any one of them to do such work. 18. Right to Inspect and Take Copies of Accounts: Every partner shall have the right to inspect the books of accounts and records of the partnership, and if he desires to take copies, the partner having custody of such records shall provide a copy as per the original, duly signed by him. 19. Remuneration and Interest: (1) Every partner shall receive remuneration for managing the common business as determined by the agreement, and if he contributes capital exceeding the amount agreed upon, he shall also receive interest as per the deed, not exceeding ten percent.

(2) If any partner causes loss or damage through wilful negligence, he shall make good that loss. 20. Profit Earned by Partner Belongs to Firm: If any partner makes any profit either in the course of any business of the firm, or by using the firm's property, or from the connection of the firm's business, or in the firm's name, such profit and the account thereof shall be accounted for and paid to the firm. 21. Amount Paid by Partner to be Shown in Accounts: If any partner pays or settles any amount under Sections 19 and 20, such amount shall be clearly shown in the profit and loss accounts of the firm's fiscal year. 22.
Partnership Act, 1964

21. Amount Paid by Partner to be Shown in Accounts: If any partner pays or settles any amount under Sections 19 and 20, such amount shall be clearly shown in the profit and loss accounts of the firm's fiscal year. 22. Division of Profits and Losses: (1) When calculating and dividing profits and losses among partners, if provision is made in the agreement, it shall be done accordingly, and if not, it shall be divided in equal proportions.

(2) If there is an agreement to give or take interest on the capital contributed by a partner at the formation of the partnership, such interest shall be paid only out of profits. 23. Not Entitled to Profit: If a partner has not paid and settled his share of the capital payable to the firm, he shall not be entitled to receive his share of profit until the outstanding amount so payable is fully paid. Chapter 4

Relation of Firm and Third Party

24. Acts of Partner Binding Firm: Subject to the agreement mentioned in Section 17, every partner is entitled to represent the firm, and the firm shall be bound by the acts done by a partner for carrying on the business of the firm. If any partner commits fraud in the course of the firm's business, upon complaint by other partners, the competent court may order that such partner be excluded from representing the firm. 25. Firm Bound by Acts of Partner: A partner may have his authority to represent the partnership restricted by the agreement. Notwithstanding anything contained in such restrictive agreement, if a third party dealing with the firm has no knowledge of such restriction, the firm shall be bound by the acts done by any partner on behalf of the firm. 26. Liability: Every partner shall be liable jointly or individually for all acts done on behalf of the firm while he is a partner. 27. New Partner Not Liable: (1) A new partner shall not be liable for any partnership acts done before he became a partner.

(2) A partner retiring from the partnership may be discharged from any liability to a third party for subsequent acts of the firm only by an agreement with such third party and with the consent of the continuing partners.

(3) If a third party has notice that a partner is about to retire from the partnership, the retiring partner shall not be liable for acts done by other partners in the firm's name after he has retired. 28.
Partnership Act, 1964

28. Partner's Right to Sell, etc.: If any partner sells, mortgages, or otherwise transfers all his rights in the firm to another person, such person may claim the share of profits or any other amount that the partner would be entitled to from the partnership business during that period. Provided that-

(a) Such person shall not be deemed a partner of the firm, and
(b) Without the consent of all partners, he shall not have the right to inspect the books of account of the firm. Chapter 5

Dissolution of a Partnership

29. Dissolution of Partnership: A partnership may be dissolved with the consent of all partners or in accordance with the agreement among them. 30. Dissolution by Written Notice: If a partnership is for an indefinite period, any partner may dissolve the partnership by giving written notice to the other partners at any time. Unless otherwise agreed among the partners, the partnership shall be deemed dissolved from the date mentioned in the notice, or if no date is mentioned, from the date of service of the notice. 31. Dissolution at Any Time: Notwithstanding any agreement whatever among the partners, a partner may dissolve the partnership for a special reason, and especially in the following circumstances:

(a) If any partner becomes incapable of performing the partnership duties as per his agreement, or
(b) If another partner fails to pay the amount payable to the firm or transfers his share in the partnership to someone else without the consent of other partners, or
(c) If the share of another partner is attached by a court decree, or
(d) If another partner commits fraud or gross negligence in the firm's business, or
(e) If another partner is sentenced to imprisonment. 32. Automatic Dissolution After Term: Subject to the agreement among the partners, a partnership formed for a limited period shall stand dissolved automatically upon the expiry of that period, or a partnership formed for one or more specific undertakings shall stand dissolved upon the completion of such undertaking or undertakings. 33. Immediate Dissolution of Partnership: A partnership shall be dissolved immediately upon the death of a partner or upon a partner becoming insolvent. 34. Liability to Third Party Continues Until Notice: If the dissolution of a partnership is not publicized or if the third party dealing with the firm has no knowledge or information of such dissolution, all partners shall be liable to the third party for acts done in the name of the firm even after dissolution. Provided that, no amount shall be payable from the estate of a deceased or insolvent partner for acts done after the date of his death or insolvency. 35.
Partnership Act, 1964

Provided that, no amount shall be payable from the estate of a deceased or insolvent partner for acts done after the date of his death or insolvency. 35. Right to Participate Through Representative: Subject to Section 32, every partner may participate in the dissolution personally or through his representative. 36. Powers Continue After Dissolution: For the purpose of winding up the affairs of the firm and completing unfinished business commenced before dissolution, the authority to bind the firm and the mutual rights and obligations of the partners shall continue notwithstanding the dissolution. 37. Settlement of Firm Accounts: Subject to the agreement among the partners and Section 32, in settling the accounts of a dissolved firm, the following rules shall be observed:

(a) Convert the firm's property into cash without causing detriment to the firm's interest,
(b) Losses, including diminution of capital, shall be paid first out of profits, then out of capital, and if still insufficient, by the personal estates of the partners individually.
(c) The firm's assets shall be applied in the following order and manner, including for making up capital deficiencies:
 (1) Debts of the firm to third parties,
 (2) Advances made by partners other than capital, proportionately,
 (3) Capital contributed by partners, proportionately, and
 (4) The residue, if any, shall be divided among the partners as profits according to their shares. 38. Property Not to be Divided Before Paying Debts: Notwithstanding any agreement among the partners, the firm's property shall not be divided among the partners without paying the debts of the firm. 39. Appointment of Liquidator: If any partner complains with evidence and proof that unnecessary delay is occurring in settling the accounts of the firm, the concerned department may appoint one or more liquidators to carry out the dissolution of the firm. The liquidator or liquidators shall carry out the dissolution and settlement of accounts in accordance with the partnership agreement and this Act. The work and proceedings of the liquidators shall be under the control of the concerned department. 40. Right of Appeal: A partner aggrieved by a decision of the concerned department may appeal against the concerned department to the High Court within thirty-five days of receipt of notice thereof. Chapter 6

Miscellaneous Matters

41. Punishment: Penalties as follows may be imposed by order of the concerned department for the following clauses:

(a) If any partnership operates business without getting registered contrary to Section 5, a fine of up to Rs. 50/- fifty rupees for each partner,
(b) If it appears that false particulars have been written in the application under Section 6, a fine of up to Rs.
Partnership Act, 1964

50/- fifty rupees for each partner,
(b) If it appears that false particulars have been written in the application under Section 6, a fine of up to Rs. 100/- one hundred rupees for each partner of the firm so registered,
(c) If a firm fails to give the notice required under Section 10, a fine of up to Rs. 100/- one hundred rupees for the firm,
(d) For contravention of Section 11, a fine of up to Rs. 50/- fifty rupees for each partner. 42. Appeal: A person aggrieved by a penalty imposed by the concerned department under clauses of Section 41 may appeal against the concerned department to Amended by the Some Nepal Acts Amendment Act, 2072. the High Court within thirty-five days of receipt of notice thereof. 42A.Added by the First Amendment. Power to Amend Schedules: The Government of Nepal may amend the Schedules by publishing a notification in the Nepal Gazette. 43. Matters Governed by this Act: Matters provided for in this Act shall be governed accordingly, and other matters shall be governed by the prevailing Nepal law. 44. Power to Make Rules: The Government of Nepal may make Rules for carrying out the purposes of this Act. Schedule 1 (A)

Amended by the First Amendment.Format of Application for Firm Registration

To,
The Director General,
Ministry of Industry/Commerce,
Department of Industry/Changed by the notice published in the Nepal Gazette on 2061.4.18.Cottage and Small Industry/Commerce,
Kathmandu, Nepal. Sir,

We have agreed to open a partnership firm and operate the business as described below. We hereby submit this application along with the deed of agreement. Having paid the applicable government fee, we request you to register a firm with the name written below in our names. Should any of the statements written herein be found false, we shall bear the consequences as per law. Particulars

1. Capital amount
2. Names, surnames and addresses of partners along with three generations. Witness:

Identifying that the names, surnames and addresses of the applicant as written above are correct:

Yours faithfully,

Signature/Seal of Applicant

Schedule 1 (B)

Format of Application for Firm Renewal

Date:

To,
The Director General,
Ministry of Industry/Commerce,
Department of Industry/Cottage and Rural Industry/Commerce,
Kathmandu, Nepal. Sir,

We are making this application for the renewal of the certificate no. dated obtained from your department for this firm to operate the business of We request you to please renew the said certificate. Yours faithfully,
Signature/Seal of Principal Partner
(Name of the Firm)

Amended by the First Amendment.
Partnership Act, 1964

Sir,

We are making this application for the renewal of the certificate no. dated obtained from your department for this firm to operate the business of We request you to please renew the said certificate. Yours faithfully,
Signature/Seal of Principal Partner
(Name of the Firm)

Amended by the First Amendment. Schedule 2 (A)

Firm Registration Fee

For the registration of a partnership firm with the following capital, the following registration fee shall apply:



 (a) Up to One Hundred Thousand Rupees Six Hundred Rupees.
 (b) More than One Hundred Thousand Rupees up to Three Hundred Thousand Rupees Two Thousand Rupees.
 (c) More than Three Hundred Thousand Rupees up to Five Hundred Thousand Rupees Four Thousand Rupees.
 (d) More than Five Hundred Thousand Rupees up to One Million Rupees Seven Thousand Five Hundred Rupees.
 (e) More than One Million Rupees up to Five Million Rupees Ten Thousand Rupees.
 (f) More than Five Million Rupees, regardless of amount Fifteen Thousand Rupees. Amended by the First Amendment and changed by the notice published in the Nepal Gazette on 2061.4.18. Schedule 2 (B)

Firm Renewal Fee



 (a) For a firm with capital up to One Hundred Thousand Rupees One Hundred Rupees.
 (b) For a firm with capital more than One Hundred Thousand Rupees up to Three Hundred Thousand Rupees One Hundred Twenty-Five Rupees.
 (c) For a firm with capital more than Three Hundred Thousand Rupees up to Five Hundred Thousand Rupees One Hundred Fifty Rupees.
 (d) For a firm with capital more than Five Hundred Thousand Rupees up to One Million Rupees Two Hundred Rupees.
 (e) For a firm with capital more than One Million Rupees up to Five Million Rupees Two Hundred Fifty Rupees.
 (f) For a firm with capital more than Five Million Rupees, regardless of amount Three Hundred Rupees. Amended by the First Amendment and changed by the notice published in the Nepal Gazette on 2061.4.18. Schedule 3 (A)

Format of Firm Registration Certificate

Government of Nepal
Ministry of Industry/Commerce
Department of Industry/Changed by the notice published in the Nepal Gazette on 2061.4.18.Cottage and Small Industry/Commerce

Certificate of Firm Registration

This certificate is issued to Firm, registered under the Partnership Act, 2020, in this department under No. on date

Name of Partner:
Address:
Total Capital:
Objectives:
Address of Firm:

Date:


Director General

Note: Changed by the notice published in the Nepal Gazette on 2061.4.18.This certificate must be renewed within thirty-five days from the date of expiry of the fiscal year. This firm shall not carry out any work other than that mentioned in the objectives. This certificate must be brought along at the time of renewal. Its renewal shall be done by the concerned department. Amended by the First Amendment.
Kathmandu University Act, 1991

Kathmandu University Act, 2048

Royal Seal and Publication Date
2048.08.04
Certification and Publication Date

Amending Acts:

1. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.10.07
2. Act to Amend Some Nepal Acts, 2072 2072.11.13
3. Act to Amend Some Nepal Acts Relating to Education, 2077 2077.03.11
4. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act No. 34 of the year 2048



An Act Made to Establish Kathmandu University

Preamble: Whereas, it is desirable to establish and manage a university in the non-governmental sector to operate higher-level educational institutions for study, teaching, and research in various fields such as arts, science, management, and technology,

Parliament has enacted this Act in the twentieth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Kathmandu University Act, 2048".

(2) This Act shall commence on a date appointed by the Government of Nepal by notification published in the Nepal Gazette. 2. Definitions: Unless the subject or context otherwise requires, in this Act, -

(a) "University" means Kathmandu University established under this Act.

(b) "Assembly" means the University Assembly formed pursuant to Section 4.

(c) "Executive Council" means the Executive Council formed pursuant to Section 6.

(d) "Academic Council" means the Academic Council formed pursuant to Section 8.

(e) "Dean" means the head of various faculties established under the University.

(f) "School" means the body under which the programs of each faculty of the University are conducted.

(g) "College" means a teaching institution affiliated with the University.

(h) "Principal" means the principal of a college.

(i) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Establishment of University: (1) Kathmandu University shall be established for the operation of higher-level teaching institutions for arts, science, management, and technical subjects.

(2) The University shall be a self-governing and organized body with perpetual succession.

(3) The University shall have its own separate seal.

(4) The University may, like an individual, acquire, use, sell, mortgage, or otherwise dispose of movable and immovable property.

(5) The University may, like an individual, sue and be sued.

(6) The central office of the University shall be located in Dhulikhel. 4.
Kathmandu University Act, 1991

4. Formation of University Assembly: (1) There shall be a University Assembly consisting of the following members:-

(a) Chancellor -Chairperson
(b) Two persons -Members
(c) Vice-Chancellor -Member
(d) Registrar -Member-Secretary
(e) Member of the National Planning Commission (looking after Education) -Member
(f) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.Secretary, Ministry of Education, Science and Technology -Member
(g) Secretary, Ministry of Finance -Member
(h) Deans -Members
(i) One person from among the Principals -Member
(j) Chief of the Banepa Converted by the Act to Amend Some Nepal Acts, 2072 by substituting the words "Chief of Municipal Executive".Municipal Executive -Member
(k) Chief of the Dhulikhel Converted by the Act to Amend Some Nepal Acts, 2072 by substituting the words "Chief of Municipal Executive".Municipal Executive -Member
(l) Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066.
(m) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.Two persons from among the donors on an inclusive basis -Members
(n) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.Five persons, including at least two women, from among distinguished scholars on an inclusive basis -Members
(o) One person from among the industrialists -Member
(p) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.Two persons, including at least one woman, from among the teachers -Members
(q) One person from among the students -Member
(r) Librarian, University -Member

(2) Members pursuant to clauses (i), (m), (n), (o), (p), and (q) of sub-section (1) shall be nominated by the Assembly on the recommendation of the Executive Council, and members pursuant to clause (l) shall be nominated by the Chancellor on the recommendation of two persons.

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

(4) The Assembly shall be the supreme and sovereign body of the University.

(5) Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.The person chairing the Assembly meeting shall certify the decisions of the Assembly meeting. 5.
Kathmandu University Act, 1991

5. Functions, Duties, and Powers of the Assembly: The functions, duties, and powers of the Assembly shall be as follows:-

(a) To conduct and manage programs in relevant subjects.
(b) To make necessary arrangements for the academic affiliation of colleges.
(c) To determine and confer degrees.
(d) To approve the annual program and pass the annual budget of the University.
(e) To pass the rules of the University.
(f) To direct and guide the Schools of the University and affiliated colleges.
(g) To discuss the annual report of the University and its subordinate bodies and evaluate programs.
(h) To discuss and approve the audit report.
(i) To approve the teaching staff and employee positions necessary for the academic and administrative work of various bodies of the University.
(j) To grant permission for running any new program if necessary.
(k) To form a committee to submit recommendations to the Chancellor for the appointment of the Vice-Chancellor.
(l) To form various committees as required.
(m) To determine the service and conditions of office-bearers, teachers, and employees. 6. Formation of Executive Council: (1) There shall be an Executive Council of the University consisting of the following members:-

(a) Vice-Chancellor Chairperson
(b) Registrar Member
(c) Two persons from among the Deans Members
(d) One teacher representative nominated by the Assembly Member

(2) Members pursuant to clause (c) of sub-section (1) shall become members in rotation according to the alphabetical order of the subject faculties.

(3) The term of office of nominated members shall be three years. 7. Functions, Duties, and Powers of the Executive Council: The functions, duties, and powers of the Executive Council shall be as follows:-

(a) To implement and cause to implement the decisions and directives of the Assembly.
(b) To comply with the policies and directives determined by the Government of Nepal.
(c) To prepare the annual program, budget, progress report, audit report, and other proposals to be presented to the Assembly.
(d) To accept donations and contributions received by the University.
(e) To preserve the funds and movable and immovable property of the University, and to sell as necessary, remaining within the policies and directives of the Assembly.
(f) To supervise and inspect the activities conducted by the University and present reports thereof to the Assembly.
(g) To prepare drafts of rules relating to the University and submit them to the Assembly for approval.
(h) To appoint employees needed by the University.
(i) To determine the service and conditions of employees and submit them to the Assembly. 8.