chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Madan Bhandari University of Science and Technology Act, 2022

Chapter-7

Provisions Relating to Office-bearers of the University

12. Chairperson: (1) There shall be one Chairperson in the University to perform functions as the executive head of the University.

(2) The Board of Trustees shall complete the process pursuant to Section 13 and appoint the Chairperson within six months from the date of commencement of this Act.

(3) Until the appointment of the Chairperson pursuant to sub-section (2), the Chairperson of the Madan Bhandari Science and Technology University Infrastructure Preparation Development Committee existing at the time of commencement of this Act shall perform the functions as the Chairperson of the University.

(4) The term of office of the Chairperson shall be four years, and he/she may be appointed for one additional term.

(5) The qualifications, remuneration, facilities, and other terms of service of the Chairperson shall be as prescribed. 13. Appointment Procedure for Chairperson: (1) For the purpose of appointing the Chairperson, the Board of Trustees shall form a Recommendation Committee as follows:

(a) One person from among the Trustees - Coordinator

(b) One person from among senior professors in the field of science and technology - Member

(c) One person from among individuals having work experience as Chairperson or Vice-Chairperson of a world-class university - Member

(2) The Recommendation Committee formed pursuant to sub-section (1) shall publish a public notice inviting applications for the position of Chairperson.

(3) From among the candidates submitting applications pursuant to the notice published under sub-section (2), the Recommendation Committee shall prepare a shortlist of a maximum of six and a minimum of three eligible candidates and invite such candidates for interview and presentation.

(4) Based on the interview and presentation of candidates pursuant to sub-section (3), the Recommendation Committee shall recommend the name of the most qualified candidate to the Board of Trustees for appointment to the position of Chairperson.

(5) If the candidate recommended pursuant to sub-section (4) is not considered suitable, the Board of Trustees may request the Recommendation Committee to recommend the name of another candidate from among the remaining candidates pursuant to sub-section (3), stating the reasons.

(6) Upon such request pursuant to sub-section (5), the Recommendation Committee shall recommend the name of the most qualified other candidate from among the remaining candidates.

(7) Other provisions relating to the appointment procedure for the Chairperson shall be as prescribed. 14.
Madan Bhandari University of Science and Technology Act, 2022

14. Functions, Duties, and Powers of the Chairperson: (1) The functions, duties, and powers of the Chairperson shall be as follows:

(a) To exercise general control and supervision over all acts and proceedings of the University,

(b) To give directives on matters falling within his/her area of authority in the work and proceedings of the University,

(c) To implement or cause to implement the decisions and directives of the Board of Trustees,

(d) To cause to submit proposals relating to all subjects to be presented before the Board of Trustees,

(e) To determine or cause to determine short-term and long-term programs for the development of the University,

(f) To arrange for resources required for the University,

(g) To maintain or cause to maintain financial discipline, economy, and transparency in the University,

(h) To manage, secure, and protect or cause to manage, secure, and protect the property of the University,

(i) To perform or cause to perform other functions as prescribed.

(2) The Chairperson shall perform functions other than those stated to be performed by any body or office-bearer in this Act or the rules made under this Act.

(3) If the Chairperson performs any function pursuant to sub-section (2), such function shall be ratified by the next meeting of the Board of Trustees. 15. Appointment, Terms of Service, and Facilities of Vice-Chairpersons and Other Office-bearers: (1) Appointment of Vice-Chairpersons and other office-bearers shall be made by the Board of Trustees.

(2) The qualifications, terms of service and facilities, and functions, duties, and powers of Vice-Chairpersons and other office-bearers shall be as prescribed. 16.
Madan Bhandari University of Science and Technology Act, 2022

15. Appointment, Terms of Service, and Facilities of Vice-Chairpersons and Other Office-bearers: (1) Appointment of Vice-Chairpersons and other office-bearers shall be made by the Board of Trustees.

(2) The qualifications, terms of service and facilities, and functions, duties, and powers of Vice-Chairpersons and other office-bearers shall be as prescribed. 16. Removal from Office: (1) One-third of the Trustees currently holding office may submit a written application to the President with evidence stating that the Chairperson has failed to fulfill his/her official responsibilities, behaved in a manner inconsistent with his/her position, failed to perform his/her duties honestly, or done any act contrary to the interest of the University.

(2) Upon receipt of an application pursuant to sub-section (1), the Board of Trustees shall form a three-member Investigation Committee from among the Trustees within twenty-one days to investigate such application.

(3) The Investigation Committee formed pursuant to sub-section (2) may also take assistance from relevant experts during the investigation.

(4) If the Investigation Committee formed pursuant to sub-section (2) finds during the investigation that the Chairperson has failed to fulfill his/her official responsibilities, behaved in a manner inconsistent with his/her position, failed to perform his/her duties honestly, or done any act contrary to the interest of the University, the Committee shall recommend his/her removal within one month from the date of commencement of the investigation.

(5) If the work cannot be completed within the period specified pursuant to sub-section (4), the Investigation Committee shall automatically dissolve.

(6) Based on the recommendation pursuant to sub-section (4), the Chairperson shall be removed by a two-thirds majority of the Trustees:

Provided that before making a decision to remove him/her, the Board of Trustees shall give him/her an opportunity to submit a defense against the allegations made against him/her.

(7) From the date of recommendation for removal pursuant to sub-section (4) until the final decision thereon, the Chairperson shall be automatically suspended from his/her office.

(8) The Board of Trustees shall make a final decision on the matter within sixty days from the date of receipt of the recommendation pursuant to sub-section (4).

(9) In the event of suspension of the Chairperson, arrangements for the work to be performed by him/her shall be as determined by the Board of Trustees.

(10) The procedure for removing a Vice-Chairperson or other office-bearer from office shall be as prescribed. Chapter-8

Provisions Relating to Fund, Accounts, and Audit of the University

17.
Madan Bhandari University of Science and Technology Act, 2022

Chapter-8

Provisions Relating to Fund, Accounts, and Audit of the University

17. Fund of the University: (1) The University shall have a separate fund.

(2) The fund pursuant to sub-section (1) shall consist of the following amounts:

(a) Amounts received from the Government of Nepal, Provincial Government, and Local Level,

(b) Amounts of grants received from the University Grants Commission,

(c) Amounts received as donations, gifts, charity, or financial assistance from any person or institution,

(d) Amounts received as grants or assistance from foreign governments, international organizations,

(e) Amounts received as academic and other fees,

(f) Amounts received from rights related to intellectual property of the University,

(g) Amounts received from the income generation of the University.

(3) Prior to receiving amounts pursuant to clause (c) of sub-section (2) from any foreign person and amounts pursuant to clause (d), the University shall obtain approval from the Ministry of Finance, Government of Nepal.

(4) The amount in the University Fund shall be deposited by opening an account in a bank designated by the Executive Council from among commercial banks of "A" class licensed under the prevailing law relating to banks and financial institutions.

(5) All expenses of the University shall be borne by the Fund pursuant to sub-section (1) as approved by the Board of Trustees.

(6) The operation of the University Fund and account shall be as prescribed. 18. Accounts and Audit: (1) The University shall maintain accounts of its income and expenditure in accordance with the accounting system adopted by the Government of Nepal.

(2) The University shall maintain an internal control system as prescribed.

(3) The internal audit of the University shall be conducted by an auditor appointed by the Board of Trustees from among auditors registered under the prevailing law.

(4) The final audit of the University shall be conducted by the Auditor General. Chapter-9

Miscellaneous

19. Provisions Relating to Faculty Members, Researchers, and Employees: Provisions relating to faculty members, researchers, and employees in the University shall be as prescribed. 20. Certificate, Degree Amended by Some Nepal Acts Amendment Act, 2082.and Granting Recognition: (1) The University shall provide certificates and degrees as prescribed to students, trainees, or researchers achieving higher education from the University.

(2) The University may confer honorary degrees to persons who have performed commendable work in the field of research and scholarship. Amended by Some Nepal Acts Amendment Act, 2082.(3) The University may recognize the academic degrees of other universities or educational institutions.

(4) Other provisions relating to certificates, degrees Amended by Some Nepal Acts Amendment Act, 2082.and recognition shall be as prescribed. 21.
Madan Bhandari University of Science and Technology Act, 2022

Amended by Some Nepal Acts Amendment Act, 2082.(3) The University may recognize the academic degrees of other universities or educational institutions.

(4) Other provisions relating to certificates, degrees Amended by Some Nepal Acts Amendment Act, 2082.and recognition shall be as prescribed. 21. Free Higher Education and Scholarship: (1) Higher education shall be free for Dalit, persons with disabilities, and economically disadvantaged students who fulfill the criteria prescribed by the University and are enrolled in the University.

(2) For the purpose of sub-section (1), the basis, criteria, classification, and other related provisions shall be as prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette.

(3) A student may avail the facility pursuant to sub-section (2) only once at each level.

(4) Notwithstanding anything contained in any prevailing law, seats as prescribed shall be reserved for Dalit students for admission in technical and vocational higher education.

(5) The University shall make arrangements for higher education for the sons and daughters of martyrs, disappeared persons, and persons with disabilities as provided in the prevailing law.

(6) A student who has studied in a community school from grade six to grade ten shall receive a scholarship in higher education in accordance with the prevailing law. 22. Not to Grant Affiliation or Approval: The University shall not grant affiliation or approval to any type of teaching institution for conducting study and teaching. 23. Acts and Proceedings Not to Be Invalidated: No act or proceeding of the University done involving any Trustee, office-bearer, or member shall be invalidated only by reason of the vacancy in the position of such Trustee, office-bearer, or member or defect in the appointment or nomination of such Trustee, office-bearer, or member. 24. Annual Report: (1) The Board of Trustees shall submit an annual report of its activities during the year to the University Grants Commission within three months from the date of expiry of each fiscal year.

(2) Other subjects to be included in the report pursuant to sub-section (1) shall be as prescribed.

(3) After receiving the report pursuant to sub-section (1), the University Grants Commission shall submit the University's report, along with an analytical statement based on the University's achievements compared to the University's targets as per the agreement made between the University and the University Grants Commission during the determination of grants, to the Ministry. 25. Prior Approval Required: The University shall obtain the prior approval of the Ministry of Finance, Government of Nepal, through the Ministry before approving any post or increasing remuneration or service facilities of any office-bearer, faculty member, researcher, or employee that imposes financial liability on the Government of Nepal. 26.
Madan Bhandari University of Science and Technology Act, 2022

25. Prior Approval Required: The University shall obtain the prior approval of the Ministry of Finance, Government of Nepal, through the Ministry before approving any post or increasing remuneration or service facilities of any office-bearer, faculty member, researcher, or employee that imposes financial liability on the Government of Nepal. 26. May Collaborate with Private Sector: The University may collaborate with the private sector for purposes including mobilizing financial resources for the University. 27. Formation of Committee: (1) The University may form committees as required.

(2) The functions, duties, and powers of a committee shall be as specified at the time of forming such committee. 28. May Inspect, Inquire, and Give Directives: (1) If the work or progress of the University does not appear satisfactory on the basis of the external evaluation report and annual report, the Government of Nepal may form an Inspection and Inquiry Committee as follows to inspect and inquire into the work of the University:

(a) One person from among individuals who have made significant contributions in the field of science and technology or management - Chairperson

(b) One person from among experts having work experience as a member of the Board of Trustees of a world-class university or individuals who have made significant contributions in the field of economics - Member

(c) One person from among individuals who have made significant contributions to society - Member

(2) If the Committee formed pursuant to sub-section (1) submits a report with suggestions stating that the work of the University does not appear satisfactory upon inspection and inquiry, the Government of Nepal may give necessary directives to the Board of Trustees to implement the suggestions mentioned in the report.

(3) It shall be the duty of the Board of Trustees to implement the directives given pursuant to sub-section (2). 29. Intellectual Property Rights: (1) The intellectual property rights acquired through invention, production, or any other basis made by the University shall be secured in the University in accordance with the prevailing law.

(2) The University may provide such services or facilities as prescribed to the concerned faculty member or researcher in consideration of the use of the intellectual property pursuant to sub-section (1). 30. May Appoint or Nominate Foreign Citizens or Non-Resident Nepali Citizens: Foreign citizens or non-resident Nepali citizens who can make significant contributions to the University may be appointed or nominated to work as Trustees, members of recommendation committee of the Board of Trustees, Chairperson, Vice-Chairperson, Academic Council, designated office-bearers, faculty members, or researchers of the University. 31.
Madan Bhandari University of Science and Technology Act, 2022

31. Not to Participate in Case of Conflict of Interest: If an office-bearer nominated or appointed under this Act finds that his/her interest conflicts with the interest or concern of the University, such office-bearer shall not participate in the work, proceedings, or decision-making process of the University. 32. External Evaluation to be Conducted: (1) The Board of Trustees shall cause an external evaluation to be conducted every three years on matters including the activities, utilization of means and resources, and achievements of the University, and prepare a report thereof, as prescribed.

(2) The evaluation report pursuant to sub-section (1) shall be submitted by the Board of Trustees to the Government of Nepal through the Ministry within six months from the date of expiry of the three-year period.

(3) The Government of Nepal shall make the evaluation report received pursuant to sub-section (2) public. 33. Delegation of Authority: (1) The Board of Trustees may, as required, delegate some of the powers vested in it under this Act or the rules made under this Act to the Academic Council or the Executive Council on the recommendation of the Chairperson.

(2) The Academic Council may, as required, delegate some of the powers vested in it under this Act or the rules made under this Act to a designated body or committee.

(3) The Executive Council may, as required, delegate some of the powers vested in it under this Act or the rules made under this Act to any office-bearer or committee of the University.

(4) Any office-bearer of the University may, as required, delegate some of the powers vested in him/her under this Act or the rules made under this Act to any subordinate office-bearer. 34. Contact with Government of Nepal: The University shall contact the Government of Nepal through the Ministry. 35. Dissolution of the University: (1) If the University cannot be operated for any reason, the Government of Nepal may dissolve the University on the recommendation of the Board of Trustees.

(2) Upon dissolution of the University, the assets and liabilities of such University shall devolve upon the Government of Nepal. 36. Measurement of Act Implementation: The Ministry shall measure the implementation of this Act within one year after the completion of five years from the commencement of this Act and thereafter within one year after every five years, and shall submit a report thereof to the relevant committee of both Houses of the Federal Parliament. 37. Power to Make Rules: The University may make necessary rules for the implementation of this Act.
Animal Health and Livestock Services Professionals Council Act, 2022

Animal Health and Animal Service Practitioner Council Act, 2079

Certification and Publication Date

2079/06/23

Act Number 29 of the year 2079 made by the Federal Parliament

An Act Made to Provide for the Animal Health and Animal Service Practitioner Council

Preamble: Whereas, it is expedient to establish an Animal Health and Animal Service Council to organize, standardize, and mobilize the services and professions of Animal Health and Animal Service Practitioners, other than veterinarians whose names are registered or are eligible to be registered with the Nepal Veterinary Council established under the prevailing law, in a structured, quality-oriented, and dignified manner, and to develop an effective animal health and animal service profession,

The Federal Parliament has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Animal Health and Animal Service Practitioner Council Act, 2079".

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

(a) "Chairperson" means the Chairperson of the Council.

(b) "Vice-chairperson" means the Vice-chairperson of the Council.

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

(d) "Register" means the book prepared for registering the names of Animal Health and Animal Service Practitioners under this Act.

(e) "Animal" means any kind of domestic or wild animal, bird, or fish, and the word also denotes other aquatic animals and amphibians.

(f) "Animal Health and Animal Service Profession" means the treatment, diagnosis, prevention of diseases of sick animals, or any work related to the animal health and animal service profession.

(g) "Animal Health and Animal Service Practitioner" means an Animal Health and Animal Service Practitioner registered under this Act.

(h) "Council" means the Animal Health and Animal Service Practitioner Council constituted pursuant to Section 5.

(i) "Ministry" means the Ministry of the Government of Nepal dealing with matters relating to animal development.

(j) "Registrar" means the person appointed or designated pursuant to Section 25.

(k) "Member" means a member of the Council, and the word also denotes the Chairperson and Vice-chairperson. Chapter-2

Establishment, Constitution, Functions, Duties and Powers of the Council

3.
Animal Health and Livestock Services Professionals Council Act, 2022

Chapter-2

Establishment, Constitution, Functions, Duties and Powers of the Council

3. Establishment of the Council: (1) An Animal Health and Animal Service Council shall be established to make arrangements, including registering names according to qualifications under the provincial law, to organize, make quality-oriented and dignified the services and professions of Animal Health and Animal Service Practitioners, other than veterinarians whose names are registered or are eligible to be registered with the Nepal Veterinary Council under the prevailing law.

(2) The office of the Council shall be located in the Kathmandu Valley. 4. Council to be an Autonomous and Corporate Body: (1) The Council shall be an autonomous corporate body with perpetual succession and shall acquire a legal personality.

(2) As a legal entity, the Council shall exercise rights, perform duties, and discharge liabilities in accordance with the prevailing law. 5. Constitution of the Council: (1) The Council shall consist of the following members:-

(a) One person nominated by the Government of Nepal from among Animal Health and Animal Service Practitioners registered at least in "Class B" and having five years of experience as an Animal Health and Animal Service Practitioner - Chairperson

(b) One person elected from among Animal Health and Animal Service Practitioners registered at least in "Class B" - Vice-chairperson

(c) Two persons nominated by the Ministry from among Animal Health and Animal Service Practitioners, including at least one woman - Member

(d) Seven persons, one each elected from each province from among Animal Health and Animal Service Practitioners - Member

(e) Four persons elected from among Animal Health and Animal Service Practitioners, including at least two women - Member

(f) Two persons nominated by the Council from among universities or institutes teaching subjects related to the Animal Health and Animal Service Profession and from the Council for Technical Education and Vocational Training, including at least one woman - Member

(g) One office bearer representative of the Nepal Veterinary Council - Member

(h) Registrar - Member-Secretary

(2) The election of members under clauses (b), (d), and (e) of sub-section (1) shall be as prescribed.

(3) The term of office of nominated and elected members under sub-section (1) shall be four years. After the expiry of their term, they may be nominated or elected for one more term.

(4) Notwithstanding anything contained in sub-section (3), if any member acts in a manner contrary to the functions, duties, and powers of the Council, the Government of Nepal may remove such member from office at any time.
Animal Health and Livestock Services Professionals Council Act, 2022

Provided that, before removal, such person shall be given an opportunity to submit a defense.

(5) If the office of any member falls vacant before the expiry of the term under sub-section (3), the Council may nominate or elect another member for the remaining period. Provided that nomination or election shall not be made for a vacancy of less than one year.

(6) Until the Council under sub-section (1) is constituted, the Government of Nepal may constitute a committee ensuring representation from the sectors mentioned in sub-section (1) to carry out the functions to be performed by the Council.

(7) While constituting a committee under sub-section (6), it shall be constituted from among persons who have acquired the necessary qualifications for the concerned Animal Health and Animal Service Practitioner pursuant to Section 17.

(8) The term of the committee constituted under sub-section (6) shall be a maximum of one year.

(9) While nominating or electing members under sub-section (1), it shall be done on the basis of the principle of inclusiveness.

(10) While electing or nominating members to the Council under sub-section (1), it shall be done on a rotational basis to ensure representation from all sectors related to animal service and animal health. 6. Disqualification: A person shall be disqualified for nomination or election as a member of the Council in the following circumstances:-

(a) If a non-Nepali citizen,

(b) If the name has been removed from the Register,

(c) If convicted by a court for corruption, rape, human trafficking and transportation, sale, distribution, or trafficking of narcotic drugs, money laundering, passport misuse, kidnapping, or other criminal offenses involving moral turpitude,

(d) If blacklisted under the prevailing law,

(e) If unable to serve on the Council due to physical or mental illness,

(f) If adjudged insolvent under the prevailing law. 7. Circumstances for Termination of Membership: (1) Membership of the Council shall be deemed terminated in the following circumstances:-

(a) If disqualified to remain a member pursuant to Section 6,

(b) If a member resigns from office,

(c) If absent from more than three consecutive meetings of the Council without notifying the Council with reasons,

(d) Upon death.

(2) While resigning under clause (b) of sub-section (1), the Chairperson shall submit the resignation to the Government of Nepal through the Ministry, and other members shall submit it to the Chairperson. 8.
Animal Health and Livestock Services Professionals Council Act, 2022

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

(a) To formulate necessary policies, plans, and programs to make the Animal Health and Animal Service profession well-organized, standard, dignified, and effective, and submit them to the Ministry for approval,

(b) To implement, or cause to be implemented, policies, plans, and programs approved by the Government of Nepal for the smooth operation of the Animal Health and Animal Service profession,

(c) To prepare national standards for Animal Health and Animal Service Practitioners and implement them after approval from the Ministry,

(d) To advise the Ministry on making animal and animal product production, animal breeding material production, processing, distribution, and animal husbandry systems quality-oriented,

(e) To determine the qualifications of Animal Health and Animal Service Practitioners,

(f) To coordinate with provincial governments and local levels concerning the Animal Health and Animal Service profession,

(g) To collect and update integrated records related to the Animal Health and Animal Service profession from the body designated by the provincial law,

(h) To prepare and implement, or cause to be implemented, a national-level code of conduct for Animal Health and Animal Service Practitioners,

(i) To provide necessary advice to the Ministry on matters related to animal health and animal service,

(j) To submit suggestions to the Ministry for implementing matters suitable for Nepal by exchanging research or experiences related to animal health service in accordance with international practices,

(k) To inspect, supervise, and monitor compliance with the code of conduct determined by the Council, and if non-compliance is found, remove the name of such Animal Health and Animal Service Practitioner from the register of the Council if registered with the Council, or write to the provincial body to remove the name from its register if registered with a provincial body,

(l) To perform other functions necessary for achieving the objectives of the Council. 9.
Animal Health and Livestock Services Professionals Council Act, 2022

9. Meeting of the Council: (1) Meetings of the Council shall be held on such date, time, and place as specified by the Chairperson.

(2) Meetings of the Council shall ordinarily be held four times a year.

(3) The meeting of the Council shall be chaired by the Chairperson, and in their absence, by the Vice-chairperson, and if both are absent, by the senior-most member among the members present.

(4) The presence of more than fifty percent of the total number of members of the Council shall constitute a quorum for a meeting of the Council.

(5) The decision of the majority in a meeting of the Council shall be binding, and in case of a tie, the person chairing the meeting shall have a casting vote.

(6) Decisions of the Council shall be certified by the Chairperson and the Registrar.

(7) The allowance and other facilities for members participating in meetings shall be as prescribed.

(8) Other procedures relating to meetings of the Council shall be as determined by the Council itself. 10. Functions, Duties and Powers of the Chairperson: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Chairperson shall be as follows:-

(a) To determine the priority of subjects to be discussed in the meeting of the Council.

(b) To monitor and evaluate the programs operated by the Council, or cause them to be monitored and evaluated, and give necessary directions in this regard.

(c) To manage, or cause to be managed, the functioning of the Council in an organized, effective, and smooth manner.

(d) To perform other functions necessary for achieving the objectives of the Council. 11. Vice-chairperson to Act: In the absence of the Chairperson, the functions performed by the Chairperson shall be performed by the Vice-chairperson. Chapter-3

Provisions Relating to Registration of Names

12. Not to Practice Animal Health and Animal Service Profession without Registration: (1) No person shall practice the Animal Health and Animal Service profession without registering their name under this Act. Provided that veterinarians whose names are registered with the Nepal Veterinary Council under the prevailing law shall not be required to register their names under this Act.

(2) Notwithstanding anything contained in sub-section (1), a person applying for registration pursuant to sub-section (2) of Section 13 shall not be prevented from practicing the Animal Health and Animal Service profession until a final decision is made regarding such application. 13.
Animal Health and Livestock Services Professionals Council Act, 2022

13. Application for Registration: (1) An Animal Health and Animal Service Practitioner who has fulfilled the qualifications as mentioned in the Schedule from a recognized university, teaching institution, educational council, or educational foundation shall submit an application as prescribed to register their name in the Register.

(2) An Animal Health and Animal Service Practitioner who has fulfilled the qualifications as mentioned in the Schedule and is engaged in the Animal Health and Animal Service profession at the time of commencement of this Act shall submit an application pursuant to sub-section (1) to register their name in the Register within one year from the date of commencement of this Act.

(3) An Animal Health and Animal Service Practitioner applying for registration under sub-section (1) or (2) shall attach the prescribed documents and fee relating to their qualification with the application.

(4) Notwithstanding anything contained in sub-section (1) or (3), if the provincial law has separate provisions regarding the procedure for submitting applications, documents to be submitted with the application, and fees, it shall be according to that law. 14. Action on Application: (1) The body designated by the provincial law shall, upon receiving an application pursuant to Section 12, examine whether the certificate and degree submitted regarding qualification are recognized and whether the application is in proper form, and decide whether or not to register the applicant's name in the Register within the period specified by the provincial law.

(2) If the concerned body of the provincial government decides to register the applicant's name under sub-section (1), it shall register the applicant's name in the Register and issue a certificate of registration in the prescribed format.

(3) If it decides not to register the applicant's name under sub-section (1), the body designated by the provincial law shall notify the applicant of such decision. 15. Removal of Name and Re-registration: (1) The body designated by the provincial law may order the removal of the name of any Animal Health and Animal Service Practitioner from the Register in any of the following circumstances:-

(a) If punished by a court for corruption, rape, human trafficking and transportation, sale, distribution, or trafficking of narcotic drugs, money laundering, passport misuse, kidnapping, or other criminal offenses involving moral turpitude,

(b) If determined by a two-thirds majority of the Council that the prescribed professional conduct has not been followed,

(c) If blacklisted under the prevailing law,

(d) If unable to work as an Animal Health and Animal Service Practitioner due to physical or mental illness.

(2) An Animal Health and Animal Service Practitioner whose name has been removed from the Register under sub-section (1) may apply for re-registration stating reasonable grounds.
Animal Health and Livestock Services Professionals Council Act, 2022

If the grounds appear reasonable, the body designated by the provincial law shall re-register the name of such Animal Health and Animal Service Practitioner in the Register and issue a certificate. 16. Cancellation of Certificate: If information is received that the name of a person not qualified under this Act has been erroneously registered in the Register, and upon inquiry, it is found to be true, the body designated by the provincial law may cancel the registration by withdrawing the certificate of registration of such person. 17. Categories of Animal Health and Animal Service Practitioners: For the purpose of registering the names of Animal Health and Animal Service Practitioners under this Act, Animal Health and Animal Service Practitioners who have fulfilled the qualifications mentioned below shall have their names registered in the following categories:-

(a) "Class A": An Animal Health and Animal Service Practitioner who has completed a post-graduate degree or Doctor of Philosophy in the relevant subject from a recognized university or teaching institution.

(b) "Class B": An Animal Health and Animal Service Practitioner who has obtained at least a Bachelor's degree or equivalent degree in a subject related to the Animal Health and Animal Service profession from a recognized university or teaching institution, or who has obtained at least ten years of experience in "Class C" and has fulfilled the continuous education criteria as prescribed by the Council.

(c) "Class C": An Animal Health and Animal Service Practitioner who has obtained at least a Proficiency Certificate level or equivalent degree in a subject related to the Animal Health and Animal Service profession from a recognized teaching institution, or who has obtained at least five years of experience in "Class D" and has fulfilled the continuous education criteria as prescribed by the Council.

(d) "Class D": An Animal Health and Animal Service Practitioner who has obtained at least a Technical S.L.C. or equivalent degree in a subject related to the Animal Health and Animal Service profession from a recognized teaching institution. 18. Entitlement to Practice Animal Health and Animal Service Profession: An Animal Health and Animal Service Practitioner shall be entitled to perform specified functions related to the Animal Health and Animal Service profession based on their educational qualification and training as prescribed, among the animal health and animal service professions pursuant to Section 17. 19.
Animal Health and Livestock Services Professionals Council Act, 2022

19. May Conduct Examination: (1) In order to maintain the necessary quality in the Animal Health and Animal Service profession, the body responsible for registration may conduct an examination as prescribed for Animal Health and Animal Service Practitioners wishing to register their names under this Act before registration.

(2) If provision is made for conducting an examination under sub-section (1), a person who fails such examination shall not have their name registered in the Register. 20. Rural Animal Health Worker: (1) For Rural Animal Health Workers who have received training for a prescribed period from the Government of Nepal before the commencement of this Act and have been carrying out the Animal Health and Animal Service profession, the body designated by the provincial law may make arrangements to keep a separate register and register their names until the qualifications mentioned in the Schedule are fulfilled.

(2) Rural Animal Health Workers registered under sub-section (1) may carry out the Animal Health and Animal Service profession as prescribed.

(3) The body designated by the provincial law may regulate whether the prescribed functions are being performed by Rural Animal Health Workers registered under sub-section (1).

(4) If a Rural Animal Health Worker registered under this Section has obtained a certificate to that effect and has continuously carried out the Animal Health and Animal Service profession for ten years, such practitioner may, after a skill test and upon success, be registered in the category under clause (d) of Section 17.

(5) Other arrangements relating to the registration, regulation, and capacity building of Rural Animal Health Workers shall be as prescribed. 21. Council to Perform: (1) Notwithstanding anything contained elsewhere in this Chapter, until a provincial law is made, the functions to be performed by the body designated by the provincial law shall be performed by the Council.

(2) While performing functions under sub-section (1), the Council shall adhere to the prescribed period and fee under this Chapter. Chapter-4

Recognition of Educational Degrees and Certificates

22. Recognition of Educational Qualification: (1) Upon the recommendation of the Council, the Ministry may grant recognition to certificates of educational qualification or other degrees related to the Animal Health and Animal Service profession.

(2) The subject matter for which recognition is granted under sub-section (1) and the name of the teaching institution providing such certificate of educational qualification or other degree shall be published in the Nepal Gazette.

(3) Other arrangements relating to granting recognition to educational qualifications shall be as prescribed. 23.
Animal Health and Livestock Services Professionals Council Act, 2022

23. May Prescribe Standards: (1) The Council may prescribe conditions and standards to be fulfilled by teaching institutions related to the Animal Health and Animal Service profession while conducting educational programs.

(2) Teaching institutions related to the Animal Health and Animal Service profession that are in operation at the time of commencement of this Act shall fulfill such conditions and standards within six months of the prescription under sub-section (1).

(3) Notwithstanding anything contained elsewhere in this Chapter, the policy and standards regarding the curriculum, admission conditions, and examination system of teaching institutions providing educational qualifications eligible for registration with the Nepal Veterinary Council under the prevailing law, and the subjects related to degrees and certificates provided by such institutions, shall be according to that law.

(4) If the standards are not fulfilled within the prescribed time under sub-section (2) or if a breach of standards is found, the Council may recommend to the concerned body for the cancellation of the approval of such teaching institution. 24. May Conduct Evaluation: (1) The Council may evaluate the curriculum and admission conditions determined by the teaching institution providing the certificate of educational qualification or other degree recognized under Section 22 for such certificate or other degree.

(2) For the purpose of sub-section (1), the Council may request documents and details from such teaching institution as needed.

(3) It shall be the duty of the concerned institution to provide the documents and details as requested by the Council under sub-section (2). 25. May Cancel Recognition: (1) If, based on the documents and details obtained under Section 24, the Council finds that the curriculum, admission conditions, study and teaching methods, and examination procedures determined by the concerned teaching institution for the certificate or degree for which recognition was granted by the Council are not appropriate or adequate, the Council shall submit a report with its opinion and suggestions to the Ministry.

(2) After receiving the Council's report under sub-section (1), the Ministry may, if deemed necessary, request further details or clarification from the concerned teaching institution.
Animal Health and Livestock Services Professionals Council Act, 2022

It shall be the duty of the concerned teaching institution to provide such further details or clarification as requested by the Council within the prescribed time.

(3) If, upon studying the report received from the Council under sub-section (1) or the details or clarification received under sub-section (2), the Ministry finds it necessary to conduct further inquiry, it may cause further inquiry to be conducted through a committee or task force comprising experts.

(4) Based on the report under sub-section (1), the clarification received under sub-section (2), and the inquiry report, the Ministry may cancel the recognition granted under Section 22 for the certificate of educational qualification or other degree related to the Animal Health and Animal Service profession issued by such teaching institution after a certain date. Notice of such cancellation of recognition shall be published in the Nepal Gazette. 26. Supervision of Examination: (1) The Council may supervise examinations conducted by the concerned teaching institution for the certificate of educational qualification or other degree recognized under Section 22.

(2) For the supervision of examinations under sub-section (1), the Council may appoint and send supervisors as needed.

(3) A supervisor appointed under sub-section (2) shall submit a report to the Council containing the prescribed details regarding the examinations they supervised.

(4) A supervisor appointed under sub-section (2) shall not interfere in the examination in any manner. Chapter-5

Provisions Relating to Employees

27. Registrar: (1) The Ministry may appoint the Registrar of the Council by open competition as prescribed, selecting an Animal Health and Animal Service Practitioner who has obtained a Bachelor's degree from a recognized university and is registered at least in "Class B" to act as the administrative chief of the Council.

(2) The service, terms, and facilities of the Registrar shall be as prescribed.

(3) In the absence of the Registrar, or until a Registrar is appointed under sub-section (1), the Ministry may designate a government employee of Nepal or any employee of the Council who meets the qualifications for Registrar to act as Registrar. 28. Functions, Duties and Powers of the Registrar: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Registrar shall be as follows:-

(a) To prepare the agenda for discussion to be presented in the meeting of the Council in consultation with the Chairperson.

(b) To implement, or cause to be implemented, the decisions of the Council.

(c) To perform other functions as prescribed. 29.
Animal Health and Livestock Services Professionals Council Act, 2022

29. Employees of the Council: (1) The organizational structure of the Council shall be as approved by the Ministry, based on the workload, resources, and financial capacity of the Council.

(2) Prior to approving the organizational structure under sub-section (1), the consent of the Ministry of Finance, Government of Nepal, shall be obtained.

(3) The Council may appoint employees as prescribed for the posts established according to the organizational structure approved under sub-section (1).

(4) Employees appointed under sub-section (3) shall be under the direct supervision and control of the Registrar. Chapter-6

Fund of the Council

30. Fund of the Council: (1) There shall be a separate Fund of the Council.

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

(a) Amounts received from the Government of Nepal, provincial government, or local level,

(b) Amounts received as assistance from domestic associations and institutions,

(c) Amounts received as assistance from foreign governments or international associations and institutions,

(d) Other amounts earned by the Council.

(3) Prior to receiving amounts under clause (c) of sub-section (2), approval from the Ministry of Finance, Government of Nepal, shall be required.

(4) The amount of the Fund under sub-section (1) shall be deposited by opening an account in any commercial bank designated by the Council in the name of the Council.

(5) All expenses incurred in the name of the Council shall be borne by the Fund under sub-section (1).

(6) The operation of the Fund under sub-section (1) shall be as prescribed. 31. Accounts and Audit: (1) The accounts of income and expenditure of the Council shall be kept in the format adopted by the Government of Nepal.

(2) The internal audit of the income and expenditure of the Council shall be conducted by an auditor designated by the Council from among registered auditors, and the final audit shall be conducted by an auditor designated by the Auditor General.

(3) The Government of Nepal may, if it so desires, inspect or cause to be inspected the account-related documents of the Fund of the Council at any time. Chapter-7

Offenses and Penalties

32. Deemed to have Committed an Offense: Practicing the Animal Health and Animal Service profession without registration of name pursuant to Section 12 shall be deemed to have committed an offense under this Act. 33.