chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Legislation Act, 2024

9. Submission to Ministry of Law for Drafting Consent: (1) After consultation is obtained pursuant to Section 8, if the draft of the Bill needs to be revised, it shall be revised and the concerned Ministry shall send it to the Ministry of Law for drafting consent.

(2) When sending the draft of the Bill to the Ministry of Law for drafting consent pursuant to sub-section (1), the following details shall also be attached:-

(a) if the draft of the Bill provides for issuing delegated legislation, the draft of the delegated legislation,

(b) if consultation has been obtained pursuant to Section 8, such consultation,

(c) if it is an amendment Bill, a three-column statement prepared clearly stating the reason for the amendment, and

(d) an explanatory note prepared clearly stating the justification and reason for each clause in the draft of the Bill. Provided that, in the case of the Finance Bill and the Appropriation Bill submitted annually by the Government of Nepal to the Federal Parliament, an explanatory note shall not be required.

(3) The Ministry of Law may, as necessary, revise and draft the draft received pursuant to sub-section (1) and give drafting consent to such draft within the time limit determined by the Government of Nepal.

(4) When giving drafting consent pursuant to sub-section (3), the Ministry of Law shall give it based on the priority order of Bills determined pursuant to Section 3. 10. Submission for Approval of Government of Nepal: After obtaining drafting consent from the Ministry of Law pursuant to Section 9, the concerned Ministry shall submit a proposal to the Government of Nepal seeking approval to submit the draft of the Bill, which has received drafting consent from the Ministry of Law, to the Federal Parliament. 11. Registration of Bill in Parliament: After the Government of Nepal approves the submission of the draft of the Bill to the Federal Parliament, such Bill shall be registered in the Secretariat of the Federal Parliament through the Ministry of Law, along with necessary details and documents, by the concerned Minister as per the rules of business of the respective House of the Federal Parliament. 12.
Legislation Act, 2024

12. Drafting of Ordinance: (1) If an Ordinance needs to be promulgated pursuant to Article 114 of the Constitution of Nepal, the concerned Ministry shall prepare the concept paper and draft of such Ordinance and send it to the Ministry of Law for consent.

(2) When the concerned Ministry submits a proposal to the Government of Nepal for promulgating an Ordinance, it shall also submit the draft of the Ordinance approved by the Ministry of Law pursuant to sub-section (1) and its concept paper.

(3) After the Government of Nepal decides to recommend the draft of the Ordinance submitted pursuant to sub-section (2) to the President, the Office of the Prime Minister and Council of Ministers shall send a certified copy of such recommended decision to the Ministry of Law.

(4) After receiving the copy of the decision pursuant to sub-section (3), the Ministry of Law shall prepare the necessary copies required for promulgating the Ordinance and provide them to the Office of the Prime Minister and Council of Ministers. Chapter-3
Drafting and Limits of Delegated Legislation

13. When Delegated Legislation Not to be Issued: (1) Delegated legislation shall not be issued except where authority has been delegated by an Act.

(2) Delegated legislation issued under an Act shall not be issued beyond the objective of such Act and the authority granted by the Act.

(3) Delegated legislation shall not be issued in a manner that adversely affects the powers of the Federation, Province and Local Level as provided by the Constitution of Nepal. 14. Matters to be Considered When Issuing Delegated Legislation: When issuing delegated legislation, the following matters shall be considered:-

(a) the limits of the Constitution of Nepal and the Act,

(b) substantive matters of law must not be placed in delegated legislation,

(c) if a time is specified in the Act, it must be issued within that time, and if no time is specified, generally within six months, and

(d) established norms and good practices relating to delegated legislation must be adopted. 15.
Legislation Act, 2024

15. Matters Not to be Included in Delegated Legislation: Unless otherwise provided in the relevant Act, the following matters shall not be included in delegated legislation:-

(a) matters relating to the establishment and operation of a fund,

(b) matters involving financial liability from the Consolidated Fund or other government funds,

(c) matters relating to making any act an offence or removing an existing offence, determining punishment, or substantive matters relating thereto,

(d) matters relating to levying or collecting tax, reducing, increasing, or abolishing or suspending a tax rate,

(e) matters relating to constituting a judicial or quasi-judicial body and creating the jurisdiction of such body,

(f) matters relating to implementing subjects mentioned in the Constitution of Nepal as being according to law,

(g) matters limiting fundamental rights in any manner,

(h) matters relating to regulating any subject or issuing a license or permit, except where express authority is given by the Act,

(i) matters relating to appointment, retirement or determination of qualifications,

(j) matters relating to issuing re-delegated legislation,

(k) matters relating to regulating or controlling the daily conduct or behavior of individuals, and

(l) matters contrary to the principles of natural justice. 16. Matters May be Included in Rules: Generally, authority may be delegated by a Federal Act to provide for the following matters in Rules:-

(a) procedural matters necessary for the implementation of the Act,

(b) matters relating to determining the format of any application, form, certificate or form,

(c) matters relating to specifying standards or conditions on technical subjects,

(d) matters relating to specifying fees or charges that need to be revised periodically, and

(e) matters relating to designating an authority for any act. 17. Matters May be Included in Regulations: (1) When delegating authority by a Federal Act to issue both Rules and Regulations, provision may be made so that the concerned body can generally make regulations on the following matters:-

(a) matters relating to employee administration and service conditions and facilities of employees, and

(b) matters relating to procurement, financial procedures and financial administration.

(2) Notwithstanding anything contained in sub-section (1), where authority is delegated to make only regulations, there shall be no bar to including in such regulations other procedural matters for which authority is delegated by such Act. 18.
Legislation Act, 2024

18. Matters May be Included in Directives: (1) If more than one body is involved in the operation or administration of any subject, to coordinate the functions of each body, to determine standards or procedures on any technical subject, to maintain uniformity in work proceedings, or if necessary to specify detailed format, standards, norms or quality on any subject, authority may be delegated by a Federal Act to make a directive.

(2) Within the limits of authority given by the Federal Act pursuant to sub-section (1), the Government of Nepal or any body may make a directive.

(3) Provisions applicable to the general public, other than the body or official responsible for operating or administering that subject under the directive and its direct stakeholders, shall not be included in the directive. 19. Matters May be Included in Procedures: (1) Authority may be delegated by a Federal Act to make a procedure on matters where provision needs to be made on any technical subject, or a detailed format or procedure is required, or to systematize internal work processes.

(2) Where authority is delegated by a Federal Act to make a procedure pursuant to sub-section (1), a procedure may be made subject to the limits specified by such Act.

(3) Notwithstanding anything contained in sub-section (2), matters such as specifying any fee, establishing a fund, regulating any subject, compelling or prohibiting any act not compelled or prohibited by the Act shall not be included in the procedure.

(4) Provisions applicable to the general public, other than the body or official responsible for operating or administering that subject under the procedure, shall not be included in the procedure. 20. Matters May be Included in Standards: (1) If it is necessary to measure or systematize the quality or level of any subject, authority may be delegated by a Federal Act to make a standard.

(2) When making a standard pursuant to sub-section (1), matters other than specifying the quality, level, quantity, weight, height or value of anything, establishing its basis, maintaining uniformity or systematizing it shall not be included in such standard. 21.
Legislation Act, 2024

21. Drafting Consent Required: (1) Before approving the following delegated legislation, the Ministry of the Government of Nepal or the concerned body shall obtain drafting consent from the Ministry of Law on the draft of such delegated legislation:-

(a) Rules to be made by the Government of Nepal,

(b) Formation Orders, and

(c) Directives or Procedures to be made by the Government of Nepal or the Council of Ministers pursuant to prevailing law.

(2) Notwithstanding anything contained in sub-section (1), consent of the Ministry of Law shall not be required for delegated legislation made or approved by a constitutional body itself.

(3) The draft of the delegated legislation for which drafting consent has been obtained from the Ministry of Law pursuant to sub-section (1) shall be submitted for approval pursuant to Section 22. 22. Approval of Delegated Legislation: The following delegated legislation shall be approved by the following body, level or authority:-

(a) where an Act specifies that it shall be approved by a certain body, level or authority, by that same body, level or authority, and

(b) in the case of other delegated legislation issued under an Act, except as provided in clause (a), by the Government of Nepal. Chapter-4
Legislation Records and Publication

23. Records of Acts and Ordinances: (1) Out of the copies of certified Acts, one copy shall be kept in the Office of the President, two copies shall be sent to the Ministry of Law, and one copy each shall be sent to the Office of the Prime Minister and Council of Ministers and the Secretariat of the Federal Parliament.

(2) Each body receiving certified copies of Acts and Ordinances shall maintain and safely keep records with registration numbers and page numbers.

(3) The Ministry of Law shall, within the end of Baishakh of each year, send one copy each of every Act and Ordinance certified in the preceding year to the National Archives.

(4) The National Archives shall maintain records with registration numbers and page numbers of the certified copies of Acts and Ordinances received pursuant to sub-section (3), and prepare and keep their electronic copies as necessary. 24. Registration of Delegated Legislation: (1) After delegated legislation is approved pursuant to Section 22, within seven days from the date it is received, certified by the approving body, the concerned Ministry or body shall send it to the Ministry of Law for registration.
Legislation Act, 2024

24. Registration of Delegated Legislation: (1) After delegated legislation is approved pursuant to Section 22, within seven days from the date it is received, certified by the approving body, the concerned Ministry or body shall send it to the Ministry of Law for registration. The Ministry of Law shall register such received delegated legislation and provide a registration number.

(2) Notwithstanding anything contained in sub-section (1), in the case of delegated legislation published in the Nepal Gazette, when the Ministry of Law edits and sends the notice for publication in the Nepal Gazette, it shall maintain a separate registration number for such delegated legislation and mention such registration number in the edited notice. When publishing the notice in the Nepal Gazette, it shall be published with such registration number.

(3) When sending delegated legislation to the Ministry of Law for registration or editing of notice for publication in the Nepal Gazette, a photostat copy of the decision approving such delegated legislation, a certified copy of the approved delegated legislation, and an electronic copy shall also be attached.

(4) When registering delegated legislation pursuant to sub-section (3), the Ministry of Law shall specify the registration number, date of registration, the Federal Act delegating authority to issue such legislation and its relevant section, and the authority or body approving the delegated legislation.

(5) On the top of the first page of the delegated legislation registered pursuant to sub-section (1), a stamp showing the nature of legislation, registration number and date of registration shall be affixed, signed by the concerned officer of the Ministry of Law, and one copy shall be kept in the Ministry of Law and one copy shall be returned to the concerned body bringing the delegated legislation for registration.

(6) The Ministry of Law may arrange for the registration of delegated legislation pursuant to this section through electronic means as well. 25.
Legislation Act, 2024

25. Publication of Legislation: (1) After an Act or Ordinance is certified, it shall be published in the Nepal Gazette on the date of certification.

(2) An Act or Ordinance sent for publication in the Nepal Gazette pursuant to sub-section (1) shall be posted on the website of the Ministry of Law within two days of being sent for such publication.

(3) Rules or Formation Orders issued by the Government of Nepal or a constitutional body shall be published in the Nepal Gazette.

(4) Other than Rules or Formation Orders pursuant to sub-section (3), if other delegated legislation is required to be published in the Nepal Gazette pursuant to prevailing law, or if the Government of Nepal decides to publish it in the Nepal Gazette, such delegated legislation shall be published in the Nepal Gazette after it is approved by the Government of Nepal.

(5) Based on the notice published in the Nepal Gazette, the body designated by the Ministry of Law shall arrange to publish the Constitution of Nepal, Acts, Rules and other delegated legislation in an integrated form or as thematic collections or as separate books, and arrange for their sale and distribution.

(6) Based on the notice published in the Nepal Gazette, the concerned Ministry or body may post Acts, Rules and other delegated legislation related to it on its website.

(7) When publishing legislation pursuant to this section, there shall be no bar to publishing it on paper, in a font, or size different from the paper, font or size used when such legislation was certified or approved.

(8) When publishing legislation pursuant to sub-section (5) or (7), if publishing in book form, the following details shall be specified as follows:-

(a) on the first inner page after the cover page of the book, a statement indicating up to what date amendments have been incorporated and updated,

(b) when publishing an Act, before the long title of each Act, the date of certification and publication in the Nepal Gazette of such Act, and the name of the Act amending such Act, its date of certification and publication in the Nepal Gazette,

(c) if any Act or delegated legislation provides for specifying or issuing a notice for commencement, the date specified by such notice or the date of publication of the notice shall be indicated in a footnote,

(d) if authority is delegated to alter or amend schedules or any other similar provisions by publishing a notice in the Nepal Gazette, updated details of alterations or amendments made pursuant to such authority, and

(e) if any provision of law has been invalidated or voided by the Supreme Court, the name of the case invalidating or voiding such provision, date of order, names of parties, if published in the Nepal Law Journal, its year and issue number and decision number.

(9) When publishing any legislation on a website, on the first page of each legislation, a statement indicating up to what date amendments have been updated and the name of the publishing Ministry or body shall be mentioned.
Legislation Act, 2024

26. Publication on Website Required: (1) The following delegated legislation shall be published as follows:-

(a) Regulations, Orders, Directives, Procedures or Standards issued by the Government of Nepal or any body shall be published on the website of the concerned Ministry or body within seven days from the date of obtaining the registration number pursuant to this Act,

Provided that if the delegated legislation pursuant to this clause is also to be published in the Nepal Gazette, the concerned Ministry or body shall publish such delegated legislation on its website only after it is published in the Nepal Gazette.

(b) Delegated legislation issued by an organized institution shall be published on the website of such institution within three days from the date of obtaining the registration number pursuant to this Act.

(2) When publishing delegated legislation pursuant to clause (b) of sub-section (1), the Government of Nepal or the Ministry or body issuing the delegated legislation shall also mention the authority deciding to issue such delegated legislation, the date of decision, and the registration number and date pursuant to Section 24. 27. No Legal Validity: Delegated legislation not published pursuant to this Act shall not have legal validity until published, and such legislation shall not be applicable to the general public until published. 28.
Legislation Act, 2024

27. No Legal Validity: Delegated legislation not published pursuant to this Act shall not have legal validity until published, and such legislation shall not be applicable to the general public until published. 28. Maintaining and Safely Keeping a Copy of Certified Copy: (1) One certified copy of delegated legislation approved or issued by the Government of Nepal shall be kept in the Office of the Prime Minister and Council of Ministers, and one copy each shall be safely kept in the concerned Ministry and the Ministry of Law.

(2) For the purpose of sub-section (1), after delegated legislation is approved by the Government of Nepal, the Office of the Prime Minister and Council of Ministers shall send the decision and certified copy of the delegated legislation to the respective bodies.

(3) One certified copy of delegated legislation issued by bodies other than those approved or issued by the Government of Nepal shall be kept by the concerned body, and one copy shall be safely kept in the Ministry of Law.

(4) For the purpose of sub-section (3), after the delegated legislation is approved and obtains a registration number pursuant to Section 24, the concerned body shall send one authentic copy of such delegated legislation, its electronic copy, and a copy of the decision relating thereto to the concerned Ministry.

(5) The concerned Ministry shall prepare and safely keep records of the authentic copies received pursuant to sub-section (2) or (4) in the format determined by the Ministry of Law.

(6) For the purpose of managing records pursuant to this section, the Secretary of the concerned Ministry or the head of the concerned body shall designate any division or section of such Ministry or body as the record-keeping section. 29. Details to be Sent to Ministry of Law: The concerned Ministry shall send updated details of the records prepared pursuant to Section 28 to the Ministry of Law every four months. 30. Preparation of Integrated Details: (1) Based on the details received pursuant to Section 29, the Ministry of Law shall prepare an integrated and updated detail of delegated legislation issued under Federal Acts.

(2) The Ministry of Law shall publish the details pursuant to sub-section (1) on its website within the end of Ashadh. Chapter-5
Miscellaneous

31. To be Provided to Committee: (1) Within thirty days of the issuance of delegated legislation pursuant to a Federal Act, the concerned Minister shall provide such legislation to the Committee for the information of the Committee.

(2) In the case of delegated legislation published in the Nepal Gazette, only the name of such delegated legislation and the date of publication in the Gazette need to be provided to the Committee. 32.
Legislation Act, 2024

32. Parliamentary Scrutiny of Delegated Legislation: (1) The Committee may conduct or cause to conduct regular scrutiny of delegated legislation.

(2) The procedure for scrutiny pursuant to sub-section (1) shall be determined by the Committee itself.

(3) Pursuant to the procedure under sub-section (2), the Committee may, as necessary, give necessary directions to stakeholders or draw their attention.

(4) If, through scrutiny under this section, any defect or need for improvement is found in the delegated legislation, the Committee may direct the concerned Ministry or body to correct or amend it. 33. Information to Ministry of Law: (1) If any matter needing improvement or any defect is found in any Act or delegated legislation issued by the Government of Nepal, any person may inform the Ministry of Law, mentioning the matter needing improvement or the defect found.

(2) After receiving information pursuant to sub-section (1), if the matter is related to the Ministry of Law, it shall itself take action, and if related to another Ministry, it shall be sent to the concerned Ministry for improvement. 34. Duty of Body Issuing Delegated Legislation: It shall be the duty of the body issuing delegated legislation to comply with directions given by the Houses or Committees of the Federal Parliament in relation to delegated legislation. 35. Registration and Publication Required: (1) Notwithstanding anything contained in prevailing law, delegated legislation issued under prevailing law prior to the commencement of this Act but not published in the Nepal Gazette shall be registered in the Ministry of Law pursuant to this Act within one year from the date of commencement of this Act and published mentioning the registration number.

(2) Delegated legislation not registered in the Ministry of Law within the period under sub-section (1) shall automatically become invalid after the expiry of such period. 36. Measurement of Act Implementation: Within one year of the completion of five years from the commencement of each Act, and thereafter within one year after every five years, the concerned Ministry shall evaluate the implementation status of the Act and submit a report thereof to the Federal Parliament. 37.
Legislation Act, 2024

36. Measurement of Act Implementation: Within one year of the completion of five years from the commencement of each Act, and thereafter within one year after every five years, the concerned Ministry shall evaluate the implementation status of the Act and submit a report thereof to the Federal Parliament. 37. Amendment to the Certain Public Documents Authentication (Procedure) Act, 2063: In the Certain Public Documents Authentication (Procedure) Act, 2063,-

(1) In Section 3,-

(a) in sub-section (1), the words "four copies" shall be replaced by the words "five copies".

(b) in sub-section (4), the words "one copy each shall be sent to the Office of the Prime Minister and Council of Ministers, the Ministry of Law, Justice and Parliamentary Affairs and the Secretariat of the Federal Parliament" shall be replaced by the words "one copy each shall be sent to the Office of the Prime Minister and Council of Ministers and the Secretariat of the Federal Parliament, and two copies shall be sent to the Ministry of Law, Justice and Parliamentary Affairs".

(2) In Section 5,-

(a) in sub-section (1), the words "three copies" shall be replaced by the words "four copies".

(b) in sub-section (6), the words "one copy each shall be sent to the Office of the Prime Minister and Council of Ministers and the Ministry of Law, Justice and Parliamentary Affairs" shall be replaced by the words "one copy shall be sent to the Office of the Prime Minister and Council of Ministers and two copies shall be sent to the Ministry of Law, Justice and Parliamentary Affairs".
Accreditation Act, 2022

Accreditation Act, 2079

Certification and Publication Date
2079.05.28

Act Number 22 of the Year 2079 made by the Federal Parliament

An Act Made to Provide for Accreditation

Preamble: Whereas, it is desirable to accredit conformity assessment bodies, establish a Nepal Accreditation Centre, and make necessary provisions relating to accreditation,

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

1. Short Title and Commencement: (1) This Act may be cited as the "Accreditation Act, 2079".
(2) This Act shall commence on the thirty-first day from the date of certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act:-
(a) "Chairperson" means the Chairperson of the Committee.
(b) "Executive Director" means the Executive Director appointed pursuant to Section 23.
(c) "Centre" means the Nepal Accreditation Centre established pursuant to Section 3.
(d) "Fund" means the Fund established pursuant to Section 28.
(e) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.
(f) "Inspection Body" means a body that inspects the design, structure, or process of goods or services.
(g) "Process" means the process to be completed at some or all stages from production to distribution of such goods or services to maintain the quality of goods or services.
(h) "Accreditation" means third-party attestation to determine the competence of a conformity assessment body.
(i) "Accreditation Certificate" means the certificate granted pursuant to Section 13.
(j) "Laboratory" means a body or institution established pursuant to the prevailing law for the purpose of testing, examining, or calibrating samples of goods or health-related (clinical) samples.
(k) "Proficiency Testing" means the evaluation of performance capability through testing according to predetermined criteria and inter-laboratory comparison methods of the relevant laboratory.
(l) "Ministry" means the Ministry of Industry, Commerce and Supplies.
(m) "Subject Committee" means the Subject Committee constituted pursuant to Section 9.
(n) "Member" means a member of the Committee, and the term also includes the Chairperson and Member-Secretary of the Committee.
(o) "Conformity Assessment" means the activity of determining whether specified requirements are fulfilled when performing activities such as laboratory analysis, calibration, certification of goods, services, processes, or the competence of persons or systems, inspection, production of certified reference materials, proficiency testing.
(p) "Conformity Assessment Body" means a body that certifies goods, services, processes, management systems, or the competence of persons.
(q) "Committee" means the Governing Board constituted pursuant to Section 6. Chapter-2
Provisions Relating to Establishment of the Centre and the Committee

3. Establishment of the Centre: (1) There shall be a Nepal Accreditation Centre to carry out accreditation-related work.
(2) The Centre shall be called "Nepal Accreditation Centre" in English.
(3) The office of the Centre shall be located in the Kathmandu Valley. 4.
Accreditation Act, 2022

Establishment of the Centre: (1) There shall be a Nepal Accreditation Centre to carry out accreditation-related work.
(2) The Centre shall be called "Nepal Accreditation Centre" in English.
(3) The office of the Centre shall be located in the Kathmandu Valley. 4. Centre to be an Autonomous Corporate Body: (1) The Centre shall be an autonomous corporate body with perpetual succession and shall have a legal personality.
(2) The Centre shall, in its capacity as a legal person, exercise rights, perform duties, and discharge liabilities in accordance with the prevailing law. 5. Functions, Duties and Powers of the Centre: (1) Only the Centre shall have the authority to grant Accreditation Certificates to conformity assessment bodies in accordance with this Act.
(2) In addition to the functions, duties, and powers written elsewhere in this Act, the functions, duties, and powers of the Centre shall be as follows:-
(a) To prepare necessary guidelines, procedures, and criteria to make the work and proceedings of the Subject Committee effective and submit them to the Committee,
(b) To implement or cause to be implemented the decisions made by the Committee,
(c) To grant Accreditation Certificates to conformity assessment bodies,
(d) To prepare and update a list of experts and assessors in various subjects,
(e) To conduct capacity building programs relating to accreditation and conformity assessment,
(f) To carry out awareness and promotional activities related to accreditation,
(g) To cooperate with relevant regulatory bodies regarding accreditation and conformity assessment,
(h) To represent at national and international level conferences and programs related to accreditation,
(i) To monitor the work and activities carried out by conformity assessment bodies,
(j) To enter into agreements related to conformity assessment and accreditation with counterpart institutions of other countries, regional or international institutions, with the approval of the Government of Nepal, and
(k) To perform other functions as assigned by the Committee. 6.
Accreditation Act, 2022

6. Constitution of the Committee: (1) There shall be a Governing Board consisting of the following office bearers for the operation of the Centre:-
(a) Secretary, Ministry - Chairperson
(b) Joint Secretary, Ministry - Member
(c) Joint Secretary, Ministry of Agriculture and Livestock Development - Member
(d) Joint Secretary, Ministry of Health and Population - Member
(e) Joint Secretary, Ministry of Education, Science and Technology - Member
(f) Director General, Nepal Bureau of Standards and Metrology - Member
(g) Two persons, including at least one woman, nominated by the Ministry from among professors in the relevant field from universities - Member
(h) Three persons, including at least one woman, nominated by the Ministry representing one each from professional institutions related to conformity assessment, the industrial and commercial sector, and the private sector - Member
(i) Executive Director - Member-Secretary
(2) The term of office of the nominated members pursuant to clauses (e) and (f) of sub-section (1) shall be two years. Their nomination shall be made on the basis of the principle of inclusiveness.
(3) Notwithstanding anything written in sub-section (2), if the performance of a nominated member is not satisfactory, the Ministry may remove him/her from the membership. Provided that, before being removed in such a manner, he/she shall be given a reasonable opportunity to submit a defence. 7. Meeting and Decision of the Committee: (1) The Committee shall meet at least twice a year.
(2) The meeting of the Committee shall be held on the date, time, and place fixed by the Chairperson, and the Chairperson shall preside over the meeting.
(3) Generally, at least forty-eight hours before the meeting of the Committee, the Executive Director shall make available to the members the details including the agenda of the meeting.
(4) If fifty-one percent of the total number of members of the Committee are present, the meeting shall be deemed to have attained a quorum.
(5) The opinion of the majority shall prevail in the meeting of the Committee, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.
(6) The Committee may invite an office bearer of any body or an expert on the relevant subject to the meeting as required.
(7) The decision of the Committee meeting shall be certified by the person presiding over the meeting, and the Executive Director shall keep a record thereof.
(8) Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself. 8.
Accreditation Act, 2022

8. Functions, Duties and Powers of the Committee: In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Committee shall be as follows:-
(a) To advise the Government of Nepal on policy matters relating to conformity assessment and accreditation,
(b) To prepare a draft of necessary policies to make work and activities related to conformity assessment effective and recommend them to the Government of Nepal for approval,
(c) To approve the program and budget of the Centre,
(d) To monitor or cause to be monitored the accreditation-related work and activities carried out in Nepal by foreign institutions,
(e) To determine the fees chargeable for services provided by the Centre,
(f) To give necessary instructions regarding ensuring the independence and impartiality of accreditation-related work and activities,
(g) To hear complaints received regarding accreditation and make necessary decisions,
(h) To study bilateral, multilateral, and international treaties and agreements as necessary regarding accreditation and give directions to the Centre, and
(i) To discuss proposals submitted by the Centre and make necessary decisions. 9. Subject Committee: (1) The Committee may constitute various Subject Committees as necessary to make accreditation-related work and activities quality-oriented and effective.
(2) A Subject Committee constituted pursuant to sub-section (1) shall consist of up to five members including one Coordinator on the basis of the principle of inclusiveness.
(3) While nominating members for the Subject Committee pursuant to sub-section (1), the Committee shall select and nominate as a member of the Subject Committee a person who has obtained at least a post-graduate degree in the relevant subject and has at least ten years of experience in the relevant field.
(4) The term of office of a member nominated pursuant to sub-section (3) shall be four years.
(5) Notwithstanding anything written in sub-section (4), if the performance of a member of the Subject Committee is not satisfactory, if he/she fails to honestly fulfill the official responsibilities, if he/she acts against the interest or objective of the Committee, or if he/she exhibits misconduct, the Committee may remove him/her from the position. Provided that, before being removed in such a manner, he/she shall be given a reasonable opportunity to submit a defence.
(6) Members of the Subject Committee shall receive facilities as prescribed by the Government of Nepal, Ministry of Finance.
(7) Other functions, duties, and powers of the Subject Committee shall be as prescribed. Chapter-3
Provisions Relating to Accreditation

10.
Accreditation Act, 2022

Chapter-3
Provisions Relating to Accreditation

10. Application Required to Obtain Accreditation Certificate: (1) If a conformity assessment body wishes to obtain an Accreditation Certificate for the purpose of conformity assessment-related work, it shall submit an application to the Centre in the format as prescribed, along with the prescribed fee.
(2) Upon receipt of an application pursuant to sub-section (1), the Centre shall designate an assessor, who is a Nepali citizen having obtained a bachelor's degree in the relevant subject from a recognized university and at least ten years of experience, in the required number to conduct necessary inquiry and assessment regarding such application.
(3) The assessor designated pursuant to sub-section (2) shall, within the period specified by the Centre, conduct necessary inquiry and assessment and submit a preliminary report to the Centre in the format as prescribed. 11. Deadline to be Given: Based on the report submitted by the assessor pursuant to sub-section (3) of Section 10, the Centre shall give a deadline to the Subject Committee constituted pursuant to Section 9 to conduct necessary inquiry regarding such institution and submit a report within the prescribed period. 12. Study and Inquiry to be Conducted: (1) After receiving the deadline pursuant to Section 11, if further evidence is required regarding such institution, the Subject Committee may order the assessor designated pursuant to sub-section (2) of Section 10 to conduct a site inspection and submit a report.
(2) Based on the site inspection report received from the assessor pursuant to sub-section (1) and other matters, the Subject Committee shall conduct necessary study and inquiry and submit a final report to the Centre.
(3) Provisions regarding the site inspection, study and inquiry to be conducted pursuant to sub-sections (1) and (2), details to be included in the report, and the format of the report shall be as prescribed. 13.
Accreditation Act, 2022

13. Accreditation Certificate to be Given: (1) After the report is received pursuant to Section 12, the Executive Director may hold further consultation with the concerned Subject Committee regarding the work and activities of the applicant institution and the granting of an Accreditation Certificate to such institution.
(2) If, upon consultation pursuant to sub-section (1) based on the final report submitted by the Subject Committee pursuant to Section 12, it appears reasonable to grant an Accreditation Certificate to the applicant institution, the Executive Director shall, subject to necessary conditions and upon collecting the prescribed fee, grant the Accreditation Certificate within one month.
(3) The validity period of an Accreditation Certificate granted pursuant to sub-section (2) shall be three years from the date of issuance of the certificate.
(4) Other provisions regarding the format of the Accreditation Certificate shall be as prescribed.
(5) Notwithstanding anything written elsewhere in this Section, if it is decided based on the final report received from the Subject Committee pursuant to Section 12 that it is not appropriate to grant an Accreditation Certificate to the applicant institution, information along with the reason thereof shall be given to such institution within seven days. 14. Renewal of Accreditation Certificate: (1) An institution that has obtained an Accreditation Certificate pursuant to Section 13 shall, before the expiry of the validity period of the Accreditation Certificate obtained by it, pay the prescribed fee and get the Accreditation Certificate renewed every three years.
(2) If renewal cannot be done within the period pursuant to sub-section (1), it may be renewed within sixty days from the expiry of such period by paying double the renewal fee.
(3) The Accreditation Certificate of an institution that does not get it renewed within the period mentioned in sub-section (2) shall be deemed to be automatically cancelled after the expiry of that period.
(4) Other procedures relating to the renewal of the Accreditation Certificate shall be as prescribed. 15.
Accreditation Act, 2022

15. Suspension and Cancellation of Certificate: (1) The Centre shall regularly monitor institutions holding Accreditation Certificates.
(2) If, during monitoring pursuant to sub-section (1), it is found that an institution holding an Accreditation Certificate has violated this Act or rules made under this Act or conditions set by the Centre, the Centre may decide to do as follows in relation to the concerned institution:-
(a) Issue a warning,
(b) If, even after being warned pursuant to clause (a), the institution fails to comply with the direction given by the Centre, suspend the certificate of such institution for a maximum period of six months, or
(c) Reduce the scope of accreditation.
(3) Before suspending pursuant to clause (b) of sub-section (2), the Centre shall give the concerned institution a reasonable opportunity to submit a defence.
(4) If serious harm is caused to anyone by the work and activities of an institution holding an Accreditation Certificate, the Centre shall cancel the Accreditation Certificate of such institution and publish a notice thereof in a national daily newspaper and also post it on the Centre's website.
(5) Other procedures relating to the suspension and cancellation of an Accreditation Certificate shall be as prescribed. 16. Approval Required for Accreditation from Foreign Institution: (1) If a conformity assessment body wishes to obtain accreditation from any foreign institution that carries out accreditation-related work, it shall submit an application to the Centre for approval in the format as prescribed, along with the prescribed fee.
(2) Upon receipt of an application pursuant to sub-section (1), the Centre may grant approval for accreditation.
(3) The Centre shall monitor the accreditation-related work and activities carried out by a foreign institution after obtaining approval from the Centre pursuant to sub-section (1).
(4) Other procedures relating to granting approval pursuant to this Section shall be as prescribed. 17. Regulation of Conformity Assessment Bodies: (1) If a foreign conformity assessment body wishes to carry out conformity assessment-related work in Nepal, it shall obtain approval from the Centre.
(2) Unless otherwise provided by the prevailing law, the Centre may regulate conformity assessment bodies.
(3) Procedures relating to approval and regulation pursuant to this Section shall be as prescribed. Chapter-4
Provisions Relating to Offences, Penalties and Appeals

18.
Accreditation Act, 2022

Chapter-4
Provisions Relating to Offences, Penalties and Appeals

18. Offences: If any person commits any of the following acts, it shall be considered an offence against this Act:-
(a) Using the logo of an Accreditation Certificate without obtaining an Accreditation Certificate under this Act or during the period when the Accreditation Certificate is suspended,
(b) Using the Centre's logo while conducting conformity assessment in a field other than the field for which the Accreditation Certificate was granted,
(c) If an institution holding an Accreditation Certificate, while conducting conformity assessment of any institution, accords recognition of quality to low-quality or substandard goods or services, or
(d) Committing any other act contrary to this Act. 19. Penalties: (1) If any person commits an offence pursuant to Section 18, the Executive Director shall impose a fine as follows:-
(a) Up to one hundred thousand rupees for committing an offence pursuant to clauses (a) and (c) of Section 18,
(b) Up to seventy-five thousand rupees for committing an offence pursuant to clause (b) of Section 18, and
(c) Up to fifty thousand rupees for committing an offence pursuant to clause (d) of Section 18.
(2) Based on the quantity or severity of the offence committed by any institution pursuant to Section 18, the Centre may also cancel the Accreditation Certificate granted to such institution pursuant to Section 13.
(3) Before making a decision to impose a fine or cancel an Accreditation Certificate under this Section, the concerned institution shall be given a reasonable opportunity to submit a defence. 20. Complaints and Investigation: (1) If any person learns that an institution holding an Accreditation Certificate has performed any act contrary to this Act or the rules, guidelines, procedures, criteria, or conditions determined by the Centre made under this Act, any person may file a complaint with the Centre.
(2) If a complaint is filed pursuant to sub-section (1), the Centre shall start an investigation immediately regarding the matter.
(3) If, during the investigation pursuant to sub-section (2), the content of the complaint appears reasonable, the Centre shall initiate proceedings for action pursuant to this Act against the concerned institution.
(4) Other procedures relating to complaints and investigation shall be as prescribed. 21.
Accreditation Act, 2022

21. Review Committee: (1) For the review of penalties and decisions made by the Executive Director pursuant to Section 19, the Ministry shall constitute a Review Committee as follows:-
(a) Joint Secretary, Ministry - Chairperson
(b) Under Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member
(c) One expert related to conformity assessment - Member
(2) A party dissatisfied with the penalty or decision made by the Executive Director pursuant to Section 19 may submit an application for its review to the Review Committee constituted pursuant to sub-section (1) within fifteen days.
(3) The Review Committee shall make a necessary decision upon the application received pursuant to sub-section (2) within thirty days.
(4) Other procedures relating to the review shall be as prescribed. 22. Appeal: A party dissatisfied with the decision made by the Review Committee pursuant to sub-section (3) of Section 21 may appeal to the concerned District Court within thirty-five days from the date of receipt of information of such decision. Chapter-5
Provisions Relating to the Executive Director and Employees

23. Appointment of Executive Director: (1) There shall be an Executive Director to function as the administrative chief of the Centre.
(2) The Government of Nepal shall constitute a three-member recommendation committee, under the coordination of a Joint Secretary of the Ministry, including a representative of the Public Service Commission and one expert in the relevant subject, to recommend candidates for appointment to the post of Executive Director.
(3) The committee constituted pursuant to sub-section (2) shall recommend three candidates for appointment to the post of Executive Director from among Nepali citizens who have passed at least a post-graduate level in Science and Technology, Engineering, or Medical Science and have at least seven years of experience in the field of quality infrastructure such as quality determination or certification, calibration, laboratory analysis, inspection, proficiency testing, certified reference materials production, quality management, or accreditation, and have completed the age of thirty years.
(4) From among the candidates recommended pursuant to sub-section (3), the Government of Nepal shall appoint a suitable candidate to the post of Executive Director.
(5) The term of office of the Executive Director appointed pursuant to sub-section (4) shall be four years.
(6) Notwithstanding anything written in sub-section (5), if the Executive Director fails to honestly fulfill the official responsibilities, if he/she acts against the interest or objective of the Centre, or if he/she exhibits misconduct, the Government of Nepal may remove him/her from the position at any time.