chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Telecommunications Act, 1997

Added by the Act to Amend Some Nepal Acts Relating to Communication, 2073.24a. License Not Required: Notwithstanding anything contained elsewhere in this Act, a license shall not be required to operate telecommunications service in the following manner:-

(a) To operate telecommunications service by establishing a network for the Government of Nepal's own use,
(b) To operate telecommunications service by installing a network in aircraft registered outside Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066. in accordance with international conventions,
(c) To operate telecommunications service by establishing a network for the diplomatic mission's own use,
(d) To operate telecommunications service within one's own household compound without connecting to the telecommunications system,
(e) To operate other telecommunications services as prescribed. 25. Duration and Renewal of License: (1) The duration of a license shall be a maximum of twenty-five years. Provided that a license shall not be granted for a period exceeding ten years at one time.
(2) A licensee wishing to renew a license shall submit an application to the Authority for renewal within the prescribed period before the expiry of the license term. Upon such application, the license shall be renewed without exceeding five years at one time.
(3) A licensee who obtained a license under sub-sections (3) and (4) of Section 24 shall, for renewal of the license under sub-section (2), pay the renewal fee as committed by such person to the Authority.
(4) A licensee who obtained a license under sub-section (2) of Section 24 shall, for renewal of the license under sub-section (2), pay the prescribed fee to the Authority.
(5) If the license is not renewed within the time limit under sub-section (2), such license shall be automatically cancelled. 26.
Telecommunications Act, 1997

26. Amendment of License: (1) If a licensee deems it necessary to amend any matter mentioned in the license obtained by such person, an application specifying the reason therefor shall be submitted to the Authority.
(2) If the reason given for the amendment in the application under sub-section (1) is reasonable and proper, the Authority shall, within thirty days of receipt of such application, make the amendment if it does not affect the substantive matters of the license, and if it does not deem it appropriate to make such amendment, it shall give notice with reasons to the applicant.
(3) For amending a license under sub-section (1), the prescribed fee shall be deposited with the Authority.
(4) If the Authority deems it necessary to amend any matter mentioned in a license, it may give notice with reason therefor to the concerned licensee.
(5) After receiving notice under sub-section (4), if the licensee does not deem such amendment to the license necessary, the licensee may submit an application to the Authority within fifteen days of receipt of such notice, stating the reason therefor.
(6) After receipt of the application under sub-section (5) or after the expiry of that time limit, the Authority shall decide whether or not to amend the license and shall give notice thereof to the licensee. 27. Sale or Transfer of License: (1) If a licensee wishes to sell or otherwise transfer the rights of the license to any person, such licensee and the person wishing to purchase or take transfer of the rights shall jointly submit an application to the Authority for approval, stating the reason therefor and specifying the terms and conditions agreed between them.
(2) Upon receipt of an application under sub-section (1), if the Authority, after making necessary inquiry, finds it appropriate to allow the sale or transfer of rights of the license to the person mentioned in the application, it shall grant approval for the sale or transfer of rights within thirty days of receipt of such application, and if it does not find it appropriate to grant such approval, it shall give notice with reason to the applicant.
(3) The prescribed fee for approval of sale or transfer of rights of a license shall be deposited with the Authority. 28.
Telecommunications Act, 1997

28. License May Be Cancelled: (1) If a licensee does not operate the telecommunications service within the period specified in the license, the Authority may cancel such license.
(2) If a licensee does any act contrary to this Act or the rules made under this Act or the conditions mentioned in the license, the Authority may order the concerned licensee to rectify such act within a specified period.
(3) If the licensee fails to rectify within the period specified under sub-section (2), the Authority may cancel the license obtained by such person.
(4) Notwithstanding anything contained in sub-section (1) or (3), before cancelling a license, the concerned licensee shall be given a reasonable opportunity to present a defense.
(5) A person aggrieved by the cancellation of a license by the Authority under sub-section (3) may lodge a complaint with the Government of Nepal within 35 days, and the decision made by the Government of Nepal on such complaint shall be final. 29. Conditions to be Compiled with by Licensee: Other conditions, besides those mentioned in this Act, to be complied with by a licensee while operating telecommunications service shall be as prescribed. 30. Development, Expansion and Operation of Telecommunications Service in Designated Areas: (1) A licensee obtaining a license under sub-sections (3) and (4) of Section 24 shall invest the prescribed percentage of the total investment in the development, expansion and operation of telecommunications service in rural areas.
(2) The rural areas to be developed, expanded and operated under sub-section (1) shall be as specified in the license, and if not so specified, as specified by the Authority from time to time.
(3) If any other licensee wishes to develop, expand and operate telecommunications service, on the basis of mutual agreement, that a particular licensee is required to develop, expand and operate under sub-sections (1) and (2), the Authority may grant permission after making necessary inquiry.
(4) The Authority shall establish a fund for the development, expansion and operation of telecommunications service in rural areas, and a licensee shall deposit into such fund each year an amount as specified by the Authority from the annual income received.
(5) The amount deposited in the fund under sub-section (4) shall be used by the Authority for the development, expansion and operation of telecommunications service in rural areas, subject to the telecommunications policy of the Government of Nepal.
(6) For the development, expansion and operation of telecommunications service under sub-section (5), the Authority may designate a licensee, and such licensee shall develop, expand and operate telecommunications service in the rural areas as specified by the Authority. 31.
Telecommunications Act, 1997

31. Interconnection and Use of Telecommunications Systems: (1) A licensee may interconnect and use the telecommunications system developed by such licensee with the telecommunications system developed by another licensee.
(2) If a licensee requests another licensee to interconnect and use the telecommunications system developed by such other licensee, permission for interconnection and use shall be granted on the basis of reasonable terms and conditions as agreed upon mutually, or if mutual agreement cannot be reached, on the basis of terms and conditions determined by the Authority. 32. Royalty to be Paid: (1) A licensee obtaining a license under sub-section (2) of Section 24 shall pay the prescribed royalty to the Government of Nepal.
(2) A licensee obtaining a license under sub-sections (3) and (4) of Section 24 shall pay the royalty as committed by such person to the Government of Nepal.
(3) The manner and time for paying royalty shall be as specified by the Authority. 33. Ownership of the Government of Nepal: (1) Land, buildings, machinery, equipment and structures related to a telecommunications service in which more than fifty percent of the total capital investment is made by a foreign person or body corporate shall become the property of the Government of Nepal after the expiry of the license term.
(2) The former licensee may obtain a new license and operate telecommunications service by paying to the Government of Nepal the value determined under sub-section (3) for the property that has come under the ownership of the Government of Nepal under sub-section (1).
(3) For the purpose of determining the value under sub-section (2), the Government of Nepal may, after consulting the Authority, constitute a committee of up to five persons.
(4) A telecommunications service in which up to fifty percent of the total capital investment is made by a foreign person or body corporate may, after the expiry of the license term, be operated by the former licensee by obtaining a new license. Chapter - 6
Facilities Available to Licensee

34. Facilities Relating to Tax and Fees: (1) Repealed by the Income Tax Act, 2058
(2) The Government of Nepal may, by notification in the Nepal Gazette, grant partial or full exemption from customs, sales tax and other duties leviable on the import of telecommunications-related equipment specified in such notification by a licensee. 35.
Telecommunications Act, 1997

35. Foreign Exchange Facilities: (1) If foreign currency is invested as loan or share capital for providing telecommunications service, the Government of Nepal shall make available to the licensee the foreign currency necessary for payment of the principal and interest of such loan or for repatriation of the investment at the prevailing exchange rate.
(2) If it is necessary to import from abroad the equipment required by a licensee to operate telecommunications service, the Government of Nepal shall make available the necessary foreign currency at the prevailing exchange rate. Added by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.(3) When taking membership from a foreign institution related to telecommunications or entering into an agreement with a foreign person or institution for the operation of telecommunications service, the Government of Nepal shall, on the recommendation of the Authority, make available the foreign currency required by the licensee. Chapter - 7
Installation and Maintenance of Telecommunications Line

36. Right to Use Land: A licensee or the representative of such licensee may install or place and maintain a telecommunications line on any public or private land or above such land, and for that purpose may erect poles or sticks, place fixtures or supports on trees on such land, or cut any tree if such tree is likely to cause obstruction, damage or hindrance to the telecommunications line. Provided that,

(1) If the land on which the telecommunications line is or is to be installed is public land, no compensation shall be payable for it, but if any public property installed or constructed thereon is damaged, the licensee shall repair, improve or reconstruct it and restore it to its original condition.
(2) If the land on which the telecommunications line is or is to be installed is the private property of a person, it shall be installed in a proper and suitable place so as not to cause inconvenience to such person, and if any property of such person is damaged during such installation, the licensee shall pay compensation.
(3) The licensee shall have no right in the place where the telecommunications line is placed or in the land where such line is used or installed, other than the right of a user of such telecommunications line. 37. Right to Inspect, Repair or Shift Telecommunications Line: A licensee may, as necessary, shift, inspect or repair the telecommunications line or equipment laid or installed by such licensee from one place to another, and shall have the right to enter the land where such telecommunications line or equipment is located for that purpose.
Telecommunications Act, 1997

Provided that if any person suffers any damage during such repair or improvement of the telecommunications line, the licensee shall pay compensation to the concerned person. 38. Entering Another's House or Land: If a licensee needs to enter any person's house or land in the course of operating a telecommunications service, such house or land shall be entered only after giving prior written notice to the concerned person. If any damage is caused during such entry, the licensee shall pay compensation to the concerned person. Provided that if there is reasonable cause to suspect that a telecommunications service is being used or stolen unauthorizedly in any house or land, such house or land may be entered immediately upon giving written notice for the purpose of inquiring into such matter. 39. Provision Relating to Compensation: (1) The compensation to be paid by a licensee under Sections 36, 37, and 38 shall be determined within fifteen days from the date of such act and notice shall be given to the concerned person.
(2) The amount of compensation to be paid under sub-section (1) shall be just and reasonable.
(3) A person aggrieved by the amount of compensation determined under sub-section (1) may, stating reasons, submit an application to the Authority within fifteen days from the date of receipt of the notice thereof. The decision made by the Authority on such application shall be final. 40. Use or Acquisition of Another's House or Land: (1) If it becomes necessary for the expansion or distribution of telecommunications service to use or acquire another person's house or land, and the licensee is unable to acquire or use such house or land from the concerned person, the licensee may submit an application to the Authority stating the same for the acquisition or use of such house or land.
(2) Upon receipt of an application under sub-section (1), the Authority shall make necessary inquiry, and if it finds it necessary and appropriate to have the house or land mentioned in the application acquired, the Authority shall recommend to the Government of Nepal within thirty days of receipt of such application.
(3) Upon receipt of the recommendation of the Authority under sub-section (2), the Government of Nepal may, in accordance with the prevailing law, acquire such house or land for the licensee in the same manner as land is provided to a corporate body. If it is government land, it may be provided on lease for the term of the license. Chapter - 8
Determination and Collection of Service Fees

41.
Telecommunications Act, 1997

If it is government land, it may be provided on lease for the term of the license. Chapter - 8
Determination and Collection of Service Fees

41. Service to be Provided: (1) If a licensee has taken a deposit from a customer for the purpose of providing telecommunications service, the telecommunications service shall be provided within six months of taking the deposit, and if the service cannot be provided within that period, interest at the rate of ten percent per annum shall be paid to the customer from the date of receipt of the deposit. Provided that the service shall be provided within one year of receipt of the deposit.
(2) The interest payable to the customer under sub-section (1) may be deducted from the telecommunications service fee consumed by the customer. 42. Service Fee: (1) A licensee may levy and collect a service fee from the customer for providing telecommunications service:-

Provided that

(a) The rate of such service fee must be approved by the Authority.
(b) The rate of such service fee must be published as directed by the Authority.
(c) The rate of such service fee must be just and reasonable.

(2) For the purpose of sub-section (1), a licensee shall prepare a schedule of service fee rates based on the related directive issued by the Authority, and submit it to the Authority for approval at least three months before the date on which such schedule is to come into effect, also specifying the date of implementation.
(3) A licensee shall not unfairly discriminate in relation to the fees and other conditions of the telecommunications service provided by it, or give undue preference to itself or any person, or cause undue loss to any person. 43. Service May be Disconnected: A licensee may disconnect the telecommunications service provided to a customer in the following circumstances:-

(a) If it is necessary to inspect, repair, improve or expand the telecommunications line or telecommunications system, or to carry out any other important work,
(b) In the case of a customer who fails to pay the fee due, in respect of such customer,
(c) In the case of a customer who uses the service unauthorizedly or contrary to the conditions, in respect of such customer,
(d) In case of natural calamity or strike, lockout, riot or similar extraordinary situation beyond control. Chapter - 9
Fund, Accounts and Audit of the Authority

44.
Telecommunications Act, 1997

Chapter - 9
Fund, Accounts and Audit of the Authority

44. Fund of the Authority: (1) The Authority shall have its own separate fund, and the following amounts shall be in such fund:-

(a) Amount received from the Government of Nepal.
(b) Amount received from license fees and fees for renewal, amendment, sale or transfer of rights thereof.
(c) Amount received as grant from foreign governments or organizations.
(d) Amount received from any other source.

(2) Before receiving an amount under clause (c) of sub-section (1), the Authority shall obtain the approval of the Government of Nepal.
(3) The amount in the fund of the Authority shall be deposited by opening an account in any bank within Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066. and the operation of such account shall be as specified by the Authority.
(4) Out of the amount deposited in the fund under sub-section (1), the Authority shall deposit into the Federal Consolidated Fund every year Added by the Finance Act, 2077. by the 25th day of Shrawan, the amount other than the amount expended in accordance with the Amended by the Finance Act, 2078.approved annual program of the Authority and additional amount equal to fifty percent of such expended amount. 45. Budget and Expenditure: (1) The Authority shall have its budget prepared and approved for each fiscal year for carrying out its functions under this Act.
(2) All expenditures of the Authority shall be borne from the fund of the Authority, subject to the budget approved under sub-section (1).
(3) If the amount received by the Authority under clauses (b), (c) and (d) of sub-section (1) of Section 44 in each year for carrying out its functions under this Act is insufficient, the Authority may request the Government of Nepal for the shortfall, and if the amount provided by the Government of Nepal is in excess, the Authority shall return the excess amount to the Government

62. Power to make regulations: The Authority may, subject to this Act and the rules made under this Act, make necessary regulations. 63. Repeal and savings: (1) The Telecommunications Act, 2019 (1963) is hereby repealed.

(2) All acts and actions performed under the Telecommunications Act, 2019 (1963) prior to the commencement of this Act shall be deemed to have been performed under this Act.
Far-Western University Act, 2010

Sudurpashchim University Act, 2067

Date of Certification and Publication
2067.03.03

Amending Acts

1. Act Amending Some Nepal Acts, 2072 2072.11.13
2. Act Made to Amend Some Nepal Acts Relating to Education, 2077 2077.03.11
3. Act Amending Some Nepal Acts, 2082 2082.04.14

Act No. 1 of the year 2067

An Act Made to Make Provision Relating to Sudurpashchim University

Preamble: Whereas, it is desirable to make necessary provisions relating to the establishment and operation of Sudurpashchim University with investment of the Government of Nepal, in order to supply skilled human resources for national development by making available, in an accessible manner, quality and standard higher education opportunities to people of all regions through study, teaching and research in arts, science, medical science, law, management, education, technical and other professional subjects, and to make the country's educational and academic environment even more clean, dignified and productive while enhancing the quality of higher education on the basis of competition in accordance with the concept of a multi-university system;

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

1. Short Title and Commencement: (1) This Act may be called the "Sudurpashchim University Act, 2067".

(2) This Act shall commence immediately. 2.
Far-Western University Act, 2010

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Sudurpashchim University Act, 2067".

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

(a) "University" means the Sudurpashchim University established pursuant to section 3.

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

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

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

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

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

(g) "Research Centre" means the Research Centre pursuant to section 15.

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

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

(j) "Curriculum Development Centre" means the Curriculum Development Centre pursuant to section 18.

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

(l) "Vice-Chancellor" means the Vice-Chancellor pursuant to section 23.

(m) "Rector" means the Rector pursuant to section 24.

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

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

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

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

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

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

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

3. Establishment of the University: (1) Sudurpashchim University is established for the purpose of carrying out study, teaching and research in arts, science, medical science, law, management, education, technical and other professional subjects.

(2) At the time of commencement of this Act, this University shall be established at the same premises, incorporating jointly Siddhanath Science Campus, Bhimdattanagar, operated as a constituent campus of Tribhuvan University in Bhimdattanagar Municipality, Kanchanpur District, receiving grant from the Government of Nepal, and the affiliated Siddhanath Multiple Campus, Bhimdattanagar. 4.
Far-Western University Act, 2010

4. University to be an Autonomous and Corporate Body: (1) The University shall be an autonomous and corporate body with perpetual succession.

(2) The University shall have a separate seal for all its acts and business.

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

(4) The University may, like an individual, file and defend lawsuits in its name.

(5) The University may, like an individual, make contracts and exercise rights and fulfill liabilities under such contracts. Chapter-3
Organization of the University and Office Bearers

5. Organization of the University: The organization of the University shall be as follows, and the collective form thereof shall constitute the University:-

(a) Assembly
(b) Academic Council
(c) Executive Council
(d) Service Commission
(e) Faculties
(f) Research Centres
(g) Faculty Boards
(h) Campuses
(i) Other bodies as prescribed. 6. Office Bearers of the University: The University shall have the following office bearers:-

(a) Chancellor
(b) Vice-Chancellor
(c) Rector
(d) Chairperson of the Service Commission
(e) Registrar
(f) Deans
(g) Directors
(h) Campus Chiefs
(i) Other office bearers as prescribed. Chapter-4
Formation, Functions, Duties and Powers of the Assembly

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

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

(a) Chancellor – Chairperson
(b) Vice-Chancellor – Vice-Chairperson
(c) Rector – Member
(d) Member, National Planning Commission (looking after education) – Member
(e) Chairperson, University Grants Commission – Member
(f) Two from among the Rectors of other universities – Member
(g) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Secretary, Ministry of Education, Science and Technology – Member
(h) Secretary, Ministry of Finance – Member
(i) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Chief Secretary of the concerned Provincial Government – Member
(j) Dean – Member
(k) Directors – Member
(l) Two from among the Campus Chiefs – Member
(m) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Two teachers on an inclusive basis – Member
(n) Omitted by the Act Amending Some Nepal Acts, 2072
(o) Mayor of the Municipality of the area where the University is located – Member
(p) Central President of the Nepal Professors Association – Member
(q) President of the University Professors Association – Member
(r) President of the University Free Students Union – Member
(s) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077.
Far-Western University Act, 2010

Three from among the donors, on an inclusive basis, including at least one woman – Member
(t) One from among educationists and social workers – Member
(u) One from among employee representatives – Member
(v) Registrar – Member-Secretary

(3) Nomination of members other than the ex-officio members pursuant to sub-section (2) shall be made by the Chancellor on the recommendation of the Executive Council.

(4) The term of office of nominated members pursuant to sub-section (2) shall be three years.

(5) If the office of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period after completing the procedure pursuant to sub-section (3). 8. Meeting of the Assembly: (1) A meeting of the Assembly shall be held at least twice a year compulsorily.

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

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

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

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

(6) The opinion of the majority shall prevail in the meeting of the Assembly, and in case of a tie, the person chairing the meeting shall cast the deciding vote. Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. (7) The person chairing the meeting of the Assembly shall certify the decision of the meeting. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. (7a) The Registrar shall keep a record of the decisions or orders of the Assembly. A copy of such decision or order shall be forwarded to the Chancellor.

(8) Other procedures relating to the meeting of the Assembly shall be as determined by the Assembly itself. 9.
Far-Western University Act, 2010

A copy of such decision or order shall be forwarded to the Chancellor.

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

(a) to determine the policy of the University,
(b) to provide guidance to the University and its subordinate bodies,
(c) to determine the degrees to be awarded by the University and to award such degrees,
(d) to approve the long-term plan, annual budget and programs of the University,
(e) to pass rules relating to the University,
(f) to discuss the annual report of bodies under the University and evaluate their programs,
(g) to discuss and approve the audit report of the University,
(h) to form various committees, sub-committees or task forces as required,
(i) to perform other functions as prescribed. Chapter-5
Formation, Functions, Duties and Powers of the Academic Council

10. Formation of the Academic Council: (1) There shall be an Academic Council to act as the body to manage the educational and academic work of the University.

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

(a) Rector - Chairperson
(b) Registrar - Member
(c) Deans - Members
(d) Three from among the Chairpersons of various subject committees of the University - Members
(e) One from among the Campus Chiefs - Member
(f) One from among the teachers - Member
(g) Two from among distinguished scholars - Members
(h) A Dean designated by the Rector from among the Deans - Member-Secretary

(3) Nomination of members other than the ex-officio members pursuant to sub-section (2) shall be made by the Rector.

(4) The term of office of nominated members pursuant to sub-section (2) shall be three years.

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

(6) The procedure relating to the meeting of the Academic Council shall be as prescribed, and until so prescribed, the procedure relating to the meeting may be determined by the Academic Council itself. 11.
Far-Western University Act, 2010

11. Functions, Duties and Powers of the Academic Council: The functions, duties and powers of the Academic Council shall be as follows:-

(a) to determine and approve the curriculum of the University,
(b) to specify the type of examinations to be conducted under the University,
(c) to determine and maintain the academic quality of the University,
(d) to formulate a research policy and approve research programs,
(e) to specify the qualifications required for admission, the number of student admissions and the basis for admission in subjects to be studied and taught at the University,
(f) to give advice and counsel to the Executive Council on academic matters,
(g) to recommend to the Assembly for honorary degrees to be awarded by the University,
(h) to perform other functions as prescribed. Chapter-6
Formation, Functions, Duties and Powers of the Executive Council

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

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

(a) Rector - Chairperson
(b) One from among the Deans - Member
(c) One from among the Campus Chiefs who are members of the Assembly - Member
(d) One from among the teachers - Member
(e) Registrar - Member-Secretary

(3) Nomination of members other than the ex-officio members pursuant to sub-section (2) shall be made by the Assembly on the recommendation of the Rector.

(4) The term of office of nominated members pursuant to sub-section (2) shall be three years.

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

(6) The procedure relating to the meeting of the Executive Council shall be as prescribed, and until so prescribed, the procedure relating to the meeting may be determined by the Executive Council itself. 13.
Far-Western University Act, 2010

13. Functions, Duties and Powers of the Executive Council: The functions, duties and powers of the Executive Council shall be as follows:-

(a) to implement and cause to implement the decisions and directives of the Assembly,
(b) to prepare the annual program, budget, progress report, audit report and other proposals of the University and submit them to the Assembly for approval,
(c) to operate, supervise and preserve the fund and movable and immovable property of the University,
(d) subject to the policy directives of the Assembly, to sell, lease out, and take on lease the movable and immovable property of the University,
(e) to coordinate, supervise and inspect programs conducted by the University and submit a report thereof to the Assembly,
(f) to prepare drafts of rules relating to the University and submit them to the Assembly for approval,
(g) to appoint and promote teachers and employees required for the University on the recommendation of the Service Commission,
(h) to determine student fees,
(i) to accept financial and other assistance provided for the University,
(j) to perform other functions as prescribed. Chapter-7
Faculties, Research Centres and Other Bodies

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

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

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

(2) There shall be subject committees as prescribed under the Faculty Board.

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

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

(2) The establishment, functions, duties and powers of the Curriculum Development Centre shall be as prescribed. 19.
Far-Western University Act, 2010

18. Curriculum Development Centre: (1) There shall be a Curriculum Development Centre for the determination and development of curricula of various subjects to be studied and taught at the University.

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

(2) A campus obtaining affiliation pursuant to sub-section (1) shall comply with the conditions prescribed by the University. 20. Special Provision Relating to Operation of Campuses of Other Universities: (1) If a constituent or affiliated campus of any university submits an application, along with the recommendation of the management committee, to be associated with the University and remain as a constituent or affiliated campus, the process for recognizing such campus as a constituent or affiliated campus of the University shall be initiated.

(2) The process pursuant to sub-section (1) shall be as prescribed by the University.

(3) After a campus is operated as a constituent campus of the University pursuant to sub-section (1), the property in the name of such campus shall also transfer to the constituent campus of the University.

(4) After a campus is operated as a constituent campus of the University pursuant to sub-section (1), the teachers and employees working in such campus shall remain as teachers and employees of the constituent campus of the University.

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

(6) The permanent service rendered by a teacher or employee in the concerned campus who remains as a teacher or employee of the constituent campus of the University pursuant to sub-section (4) shall be deemed to be service rendered in a constituent campus under the University, and their service period shall be calculated accordingly.

(7) If any teacher or employee remains in the constituent campus of the University pursuant to sub-section (4) or (5), no change shall be made to their previous salary, facilities and service conditions to their detriment. Chapter-8
Service Commission

21.
Far-Western University Act, 2010

Chapter-8
Service Commission

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

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

(a) Person appointed by the Chancellor – Chairperson
(b) Member of the Public Service Commission – Member
(c) One from among the teachers – Member

(3) To recommend for the appointment of the Chairperson and member pursuant to clauses (a) and (c) of sub-section (1), a committee shall be formed by the Chancellor consisting of two members of the Assembly under the chairpersonship of the Vice-Chancellor, and the Chairperson and member shall be appointed by the Chancellor on the recommendation of that committee.

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

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

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

(7) The procedure relating to the meeting of the Service Commission shall be as prescribed, and until so prescribed, the procedure relating to the meeting may be determined by the Service Commission itself. Chapter-9
Office Bearers, Teachers and Employees of the University

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

(2) The Chancellor shall be the head of the University. In the presence of the Chancellor, he/she shall preside over the convocation ceremony of the University.

(3) The Chancellor may, as required, inspect the University and give directives to the University. 23. Vice-Chancellor: (1) The Minister or Minister of State for Education, Science and Technology shall be the Vice-Chancellor of the University. The Minister or Minister of State for Education, Science and Technology shall be the Vice-Chancellor of the University.

(2) In the absence of the Chancellor, the Vice-Chancellor shall preside over the convocation ceremony of the University.

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

24. Rector: (1) The Rector shall be the chief office bearer working full-time at the University.

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

(3) The committee pursuant to sub-section (2) shall recommend the names of three qualified persons for appointment to the post of Rector, and the Chancellor shall appoint the Rector from among the persons so recommended.

(4) The Rector shall have general control over all acts and business of the University, and he/she may give directives and supervise the acts and business of the University.

(5) The term of office of the Rector shall be four years.

(6) In the absence of the Chancellor and Vice-Chancellor, the Rector shall preside over the convocation ceremony of the University.

(7) The Rector shall implement and cause to implement the decisions and directives of the Assembly.

(8) The Rector shall perform functions other than those mentioned to be performed by any body or authority under this Act or rules made under this Act. The Rector shall immediately inform the Chancellor of such function and shall cause it to be ratified by the next meeting of the Assembly.

(9) In the absence of the Rector, his/her work shall be as arranged by the Chancellor.

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

(2) The Director shall be appointed by the Executive Council. 28. Functions, Duties and Powers, Remuneration, Facilities and Service Conditions of Registrar, Dean and Director: (1) The Registrar, Dean and Director shall be office bearers working full-time at the University.

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

(3) The functions, duties, powers, remuneration, facilities and other service conditions of the Registrar, Dean and Director shall be as prescribed. 29. Other Office Bearers: (1) The University shall have other office bearers as prescribed.

(2) The appointment, functions, duties and powers, remuneration, facilities and service conditions of the office bearers pursuant to sub-section (1) shall be as prescribed. 30.
Far-Western University Act, 2010

29. Other Office Bearers: (1) The University shall have other office bearers as prescribed.

(2) The appointment, functions, duties and powers, remuneration, facilities and service conditions of the office bearers pursuant to sub-section (1) shall be as prescribed. 30. Removal from Office: (1) If one-fourth of the existing members of the Assembly submit a written application to the Chancellor to remove the Rector, Chairperson of the Service Commission or Registrar on the ground that he/she has not fulfilled the responsibility according to his/her post, has not worked honestly, or has not conducted himself/herself in a manner befitting the post, the Chancellor shall form a three-member investigation committee consisting of a member of the University Grants Commission and the Secretary of the Ministry of Education, Science and Technology under the chairpersonship of any member of the Assembly. shall form a three-member investigation committee consisting of a member of the University Grants Commission and the Secretary of the Ministry of Education, Science and Technology.

(2) The investigation committee formed pursuant to sub-section (1) shall conduct necessary investigation in that regard and submit its report to the Chancellor within thirty days.

(3) After receiving the report pursuant to sub-section (2), the Chancellor shall submit the report to the Assembly.

(4) If, during discussion on the report submitted pursuant to sub-section (2), the Assembly decides to remove the Rector, Chairperson of the Service Commission or Registrar from office, the Chancellor shall remove such Rector, Chairperson of the Service Commission or Registrar from office. Provided that, before so removing, he/she shall not be deprived of an opportunity to present a defense.

(5) The procedure to be adopted while investigating or removing other office bearers of the University, other than the Rector, Chairperson of the Service Commission or Registrar, on the charge pursuant to sub-section (1), shall be as prescribed.

(6) If an investigation is initiated against any office bearer pursuant to this section, he/she shall not be entitled to perform the work of the post he/she holds until the final decision thereof. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. (7) For the purpose of performing the daily work to be done by the office bearer pursuant to sub-section (6), the Chancellor may assign responsibility to any office bearer of the University. 31. Provisions Relating to Teachers and Employees: (1) The University shall have the required number of teachers and employees.

(2) The appointment, functions, duties and powers, remuneration, facilities and service conditions of the teachers and employees pursuant to sub-section (1) shall be as prescribed. Chapter-10
Fund, Accounts and Audit of the University

32.
Far-Western University Act, 2010

Chapter-10
Fund, Accounts and Audit of the University

32. Fund of the University: (1) The University shall have its own separate fund, and the following amounts shall be in such fund:-

(a) Amount received from the Government of Nepal,
(b) Amount received from the University Grants Commission,
(c) Amended by the Act Amending Some Nepal Acts, 2072. Amount received from the local level,
(d) Amount provided by any person or institution as donation, gift, charity and financial assistance,
(e) Amount received as support or grant from persons or institutions associated with industry, trade or business,
(f) Amount received as support or loan from international associations, organizations, foreign persons, governments, agencies or financial institutions,
(g) Amount received from fees and any other source.

(2) The University shall obtain prior approval of the Government of Nepal while receiving any amount pursuant to clause (f) of sub-section (1).

(3) The amount of the University's fund shall be deposited by opening an account in any commercial bank specified by the Executive Council.

(4) The operation of the University's fund and account shall be as prescribed.

(5) All expenses of the University shall be borne from the fund pursuant to sub-section (1) as approved by the Assembly. 33. Accounts and Audit: (1) The University shall maintain its income and expenditure accounts according to the accounting system adopted by the Government of Nepal.

(2) The University shall make arrangement for an internal control system as prescribed in relation to accounts.

(3) The audit of the University shall be conducted by the Auditor General. Chapter-11
Miscellaneous

34. Certificate and Degree Amended by the Act Amending Some Nepal Acts, 2062. and Recognition: (1) The University may award certificates and degrees as prescribed to students, trainees or researchers who have attained higher education in prescribed subjects, and may confer honorary degrees to persons who conduct research or perform commendable work in the academic field. Amended by the Act Amending Some Nepal Acts, 2062. (2) The University may recognize academic degrees of other universities or educational institutions. 35. Qualification Required for Admission to the University: (1) The qualification of students or researchers to be admitted to the University shall be as prescribed.

(2) While admitting students, the University shall, in accordance with the policy of the Government of Nepal, reserve seats for admission for students from women, indigenous/nationalities, Madhesi, Dalit, persons with disabilities, backward class or community on the basis of a prescribed percentage. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. 35a.