chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

20. Nepal Police to Perform Work of Provincial Police: Notwithstanding anything contained elsewhere in this Act, until Provincial Police is formed in any province, Nepal Police shall perform all the work to be done by the Provincial Police of that province. 21. Consultation with Provincial Public Service Commission Required: (1) While making a law relating to service conditions of Provincial Police subject to this Act, the province must take the advice of the Provincial Public Service Commission.

(2) While making a law pursuant to sub-section (1), the following provisions must also be made:-

(a) Provision for appointment on the recommendation of the Provincial Public Service Commission to posts in Provincial Police that require appointment through open competition,

(b) Provision for representation of the Provincial Public Service Commission also in the committee recommended for promotion to posts in Provincial Police,

(c) Provision for police employees appointed in Provincial Police to receive contributory retirement benefits.

(3) Notwithstanding anything contained in sub-sections (1) and (2), until the Provincial Public Service Commission is formed, the work of that Commission shall be done by the Public Service Commission. 22. To Make Standards: (1) The Government of Nepal shall make standards regarding remuneration and facilities to be received by Provincial Police, and subject to such standards, the provincial government shall determine the remuneration and facilities to be received by Provincial Police.

(2) Nepal Police shall make and implement standards on the following matters:-

(a) Weapons, ammunition and means of communication to be used by Nepal Police and Provincial Police and their use,

(b) Training to be provided to Nepal Police and Provincial Police,

(c) Private sector security providers and security services provided by such security providers. 23. Power to Delegate: (1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, delegate some of its powers under this Act to be exercised by the police employee or officer specified in that notice as necessary.

(2) The power conferred on any police employee by this Act may be delegated by such police employee to a subordinate police employee to work under his or her supervision. 24. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act. 25. Power to Issue Directives or Procedures: The Government of Nepal may issue necessary directives or procedures for the implementation of this Act or the rules issued under this Act, and such directives or procedures shall come into force after publication in the Nepal Gazette.
Individual Privacy Act, 2018

Chapter-2

Privacy of an Individual's Body and Family

3. Privacy of an Individual's Physical and Private Life: (1) The privacy of matters relating to the physical and mental condition of every person shall be inviolable.

(2) Matters concerning the physical privacy of any person shall remain inviolable without the consent of the person concerned, except when examining his/her body or health, providing treatment, or conducting emergency rescue operations.

(3) Every person shall have the right to maintain the privacy of matters such as biological or genetic identity, gender identity, sexuality, sexual relations, conception or abortion, virginity, masculinity, impotence or physical disease relating to his/her private life.

(4) No person shall publicize or cause to be publicized, in a manner that affects, traumatizes or insults the private life of any person, any matters referred to in sub-section (3) relating to such person by writing, speaking, publishing or using electronic means or in any other manner.

(5) Notwithstanding anything contained elsewhere in this Section, the privacy of a person's physical or mental condition or private life may be disclosed in the following circumstances:-

(a) If it is a matter in respect of which the person concerned has given consent,

(b) If it is a matter which the person concerned has voluntarily made public,

(c) If it is a matter investigated by an officer authorized to investigate or prosecute, in relation to an offence,

(d) If, in order to obtain any facility or concession, it is necessary to disclose matters relating to sub-section (3) or the physical condition or private life of the person, and he/she has obtained or desires to obtain such facility or concession. 4. Family Privacy to be Maintained: (1) Every person shall have the right to maintain family privacy in order to maintain family life or maintain family integrity.

(2) Matters relating to the privacy of each other, of which only the husband and wife are aware during marital life, shall be inviolable except when necessary in the context of a case brought between the husband and wife. 5.
Individual Privacy Act, 2018

5. Not to Conduct Body Search: (1) No person shall be searched, nor shall any object in his/her possession or used by him/her be searched, without his/her consent.

(2) Notwithstanding anything contained in sub-section (1), if it is necessary to search a person in the course of a security check or investigation of a criminal offence under the prevailing law, a search may be conducted by an authorized officer pursuant to law or by any person or security personnel deployed for security purposes on the order of such officer.

(3) An officer deployed to conduct a security check pursuant to sub-section (2) shall keep the authority received by him/her for the security check on his/her person, and shall show it to the person concerned if he/she wishes to see it before the search is carried out.

(4) For the purposes of this Section, a security personnel deployed on duty wearing rank insignia and uniform for regular or emergency security checks at any public place shall be deemed to have the authority for security checks. 6. Privacy Relating to Reproductive Health and Pregnancy: Matters relating to the reproductive health and pregnancy of every woman shall be inviolable, and information on such matters shall not be given to anyone else or made public without her consent. Provided, however, that this shall not prevent discussion on such matters among relevant specialists during the course of medical treatment or informing the immediate family members or, if the person is a minor below eighteen years of age or is of unsound mind, informing his/her guardian. Chapter-3

Privacy Relating to Residence

7.
Individual Privacy Act, 2018

Chapter-3

Privacy Relating to Residence

7. Privacy of Residence to be Maintained: (1) Every person shall have the right to privacy of his/her residence.

(2) No person shall enter or cause to be entered, or search or cause to be searched, the residence of any person except by an officer authorized to conduct a search under the law or on the order of such officer.

(3) When entering pursuant to sub-section (2), entry or causing entry, or search or causing search shall not be conducted in a manner that violates the privacy of the private life of the person concerned or a member of his/her family.

(4) If a person is arrested outside his/her residence by an officer authorized under the law or on the order of such officer, his/her residence shall not be searched or caused to be searched solely on the ground of such arrest.

(5) If, upon the arrest of a person pursuant to sub-section (4), there is reasonable cause to also search his/her residence, the residence of such person may be searched for that purpose upon obtaining a separate order from an officer authorized under the law.

(6) Notwithstanding anything contained elsewhere in this Section, entry may be made into the residence of any person for the purpose of disaster management or emergency rescue.

(7) Other provisions relating to maintaining the privacy of residence and search or investigation shall be as per the prevailing law. 8. Notice to be Given When Entering Residence: (1) If it is necessary to search someone's residence under Section 7 in connection with a criminal offence, a written notice shall be given to such person clearly stating the purpose for which entry into the residence is required.

(2) When entering the residence of any person pursuant to sub-section (1), the conditions and procedures prescribed by the prevailing law shall be complied with. Provided, however, that if the accused person is likely to flee or escape or evidence is likely to be destroyed if the search is not conducted immediately, entry may be made keeping a record of that fact. 9. Not to Install CCTV Cameras in Residence: No person shall install or cause to be installed CCTV cameras in the residence of any person without his/her consent, in a manner that collects personal information relating to the user of such residence. Chapter-4

Privacy Relating to Property

10.
Individual Privacy Act, 2018

9. Not to Install CCTV Cameras in Residence: No person shall install or cause to be installed CCTV cameras in the residence of any person without his/her consent, in a manner that collects personal information relating to the user of such residence. Chapter-4

Privacy Relating to Property

10. Privacy of Property to be Maintained: (1) Every person shall have the right to keep confidential his/her property and details relating to such property.

(2) No person shall enter another person's house, land, vehicle or other property in an unauthorized manner without the permission or consent of the owner of such property.

(3) No public body or organized institution, which keeps details of a person's property or may have knowledge thereof, or any employee working in such institution shall, without the consent of the person concerned, inform anyone else or make public or cause to be made public the details of any person's property in any manner.

(4) Notwithstanding anything contained in sub-section (1) or (3), if details of property are requested by order of an authorized officer in the course of investigation of an offence, or are requested by a court in the context of a case filed against any person on the same subject, the concerned body, organized institution or officer maintaining records of property details shall make such records available. Chapter-5

Privacy Relating to Documents

11.
Individual Privacy Act, 2018

Chapter-5

Privacy Relating to Documents

11. Privacy of Documents to be Maintained: (1) Every person shall have the right to privacy of personal documents relating to him/her.

(2) For the purposes of sub-section (1), the following documents shall be considered personal documents of the person concerned:-

(a) Certificate relating to educational qualification,

(b) Medical history, certificate or health examination report,

(c) Citizenship certificate, passport, voter ID card, vehicle driver's license or other documents of a similar nature revealing identity,

(d) Details of an account held in a bank or the amount in such account,

(e) Cheques, drafts, debit cards, credit cards or bank statements or other negotiable instruments relating to banking and financial transactions,

(f) Biometric data and thumbprint signature,

(g) Land ownership certificate relating to immovable property or other documents relating to land ownership,

(h) Vehicle ownership document (blue book) or other documents relating to ownership of property,

(i) Securities or details relating thereto,

(j) Employee Provident Fund card, pension certificate or other documents of a similar nature,

(k) Other documents as prescribed.

(3) No person shall make public or cause to be made public the personal documents referred to in sub-section (2) of any person held in a public body.

(4) Notwithstanding anything contained in sub-section (1) or (3), the personal documents of any person or any details thereof may be made public or caused to be made public, or any details thereof may be studied, researched or examined or caused to be studied, researched or examined in the following circumstances:-

(a) If the person concerned has consented,

(b) If an identification document revealing a person's identity is required for the purpose of availing public service,

(c) If there is an order from a court or an officer authorized under the law in the course of a case,

(d) If an order is given by an authorized officer in the course of investigation or prosecution of a criminal offence. Chapter-6

Privacy Relating to Data

12. Privacy of Data to be Maintained: (1) Every person shall have the right to keep confidential personal data or details relating to him/her.

(2) The consent of any person shall be obtained when collecting his/her personal or family data.

(3) Data collected by a public body or organized institution with the consent of the person concerned pursuant to sub-section (2) shall be used only for the purpose for which it was collected.
Individual Privacy Act, 2018

Provided, however, that if data is requested for the purpose of national security or peace and order, being required to provide such data under the prevailing law shall not be deemed an obstruction.

(4) No person shall, without the consent of any person, give or make public or cause to be made public the following data relating to him/her to anyone else:-

(a) Details relating to health examination,

(b) Details relating to property and income generation,

(c) Details relating to employment,

(d) Details relating to family matters,

(e) Biometric details and thumbprint signature,

(f) Signature or electronic signature,

(g) Details relating to political affiliation and elections,

(h) Details relating to profession or business.

(5) Notwithstanding anything contained in sub-section (4), if it is necessary to make available any personal data or details to a court or a body or officer authorized under the law in the course of investigation of a criminal offence, such data or details shall be made available.

(6) Notwithstanding anything contained in sub-section (4), if a question arises regarding matters such as age, qualification, character, sexuality, disability of any person and an authorized officer makes a request, the person concerned shall make available such details or documents. Chapter-7

Privacy Relating to Correspondence

13. Privacy of Correspondence to be Maintained: (1) Every person shall have the right to maintain the privacy of his/her letters, correspondence, e-mails, communications transmitted through electronic means, or other correspondence of a similar nature.

(2) No person shall, in an unauthorized manner, read, view, make available to anyone else, publish, transmit or make public in any other manner, the letters, correspondence, e-mails, communications transmitted through electronic means, or other correspondence of a similar nature referred to in sub-section (1) of any person.

(3) Notwithstanding anything contained in sub-section (2), with the consent of the person concerned or by order of an officer authorized under the prevailing law in the course of investigation of a criminal offence, the letters, correspondence, e-mails, communications transmitted through electronic means, or other correspondence of a similar nature of any person may be made available or caused to be made available. 14. Not to Open Letters: (1) No person shall open or cause to be opened the personal letters of anyone in an unauthorized manner except with the consent of the person concerned or upon an order of an officer authorized under the prevailing law in the course of investigation of a criminal offence.

(2) No person shall open, view or forward the e-mail of another person. Chapter-8

Privacy Relating to Character

15.
Individual Privacy Act, 2018

Chapter-8

Privacy Relating to Character

15. Privacy of Character to be Maintained: (1) Every person shall have the right to maintain the privacy of his/her character, personal conduct and behavior.

(2) If any question arises regarding the character, conduct or behavior of any person, no one shall make any comment regarding his/her character except in the course of conducting an inquiry and taking action under the law in relation thereto.

(3) No person shall do or cause to be done any act that harms the character of any person, leads to his/her defamation or insult, hurts his/her self-esteem, or adversely affects his/her family life, nor shall make public or cause to be made public anything regarding his/her conduct or behavior. 16. Not to Take or Sell Photographs: (1) No person shall, without the consent of any person, take his/her photograph in a manner that harms his/her character or social reputation, or with the intention to defame him/her, create another photograph in any manner by combining his/her photograph with another person's photograph, or create, publish or make public or cause to be made public a different photograph by combining part of one person's photograph with part of another person's photograph.

(2) Notwithstanding anything contained in sub-section (1), if someone takes a photograph of any public place or person, and the photograph of any other person present in such place is also incidentally captured, it shall not be deemed an offence. Provided, however, that the photograph so incidentally captured shall not be used contrary to sub-section (1).

(3) No person shall, with the intention of harassing, bothering any person, taking any undue advantage from him/her, or gaining benefit through commercial use of the photograph, publish, publicize, buy, sell or make public or cause to be made public the photograph of any person without his/her consent. 17. Not to Publicize Person Under Investigation: An authorized officer shall not make public or cause to be made public, in any manner, any person who is under investigation under the law, in relation to the offence alleged against him/her, until a charge sheet is filed in the concerned body. Provided, however, that this shall not prevent the publication of the name of the person so accused and the details or information of the accusation against him/her. 18. Not to Disclose Confidential Matters: If any person has obtained information regarding the conduct of someone else from a person in the course of his/her professional work, he/she shall not disclose such information to anyone except with the consent of the person concerned or upon an order of an authorized officer. Chapter-9

Electronic Means and Privacy

19.
Individual Privacy Act, 2018

Chapter-9

Electronic Means and Privacy

19. Privacy of Electronic Means to be Maintained: (1) Every person shall have the right to maintain the privacy of any personal information, documents, correspondence, data or matters relating to character held in electronic means.

(2) No person shall, in an unauthorized manner, obtain information, knowledge, or correspondence held in the electronic means of any person, violate its privacy, or make it available to anyone in an unauthorized manner.

(3) No person shall, using any mechanical device, listen to, record or cause to be recorded any communication or conversation conducted through electronic means between two or more persons, except with the consent of the persons concerned or upon an order of an officer authorized under the law. Provided, however, that the provisions of this sub-section shall not apply in the case of a speech or statement made publicly.

(4) Notwithstanding anything contained in sub-section (2) or (3), with the consent of the person concerned or by order of an authorized officer, any information, knowledge or correspondence may be listened to, recorded or caused to be recorded.

(5) Other provisions relating to the privacy of electronic information and data shall be as prescribed. 20. Relating to Installation of CCTV Cameras in Public Places: (1) If it is necessary to install CCTV cameras in any public place, such cameras may be installed or caused to be installed in places other than toilets, bathrooms, or changing rooms.

(2) In places where CCTV cameras are installed pursuant to sub-section (1), arrangements shall be made to provide notice that such cameras have been installed, visible and known to all.

(3) Provisions relating to the installation of CCTV cameras in any place shall be as prescribed. 21. Not to Conduct Surveillance or Espionage: No person shall use any electronic means, photography, or any method to conduct surveillance or espionage over a person's residence or any office, or with the intention of obtaining any matter that is confidential under this Act. 22. Not to Use Drones: Except for border areas of the country or public places, no person shall use any type of drone or device of a similar nature in any public body, area of archaeological importance, building of a security agency, protected area or area containing mines and minerals, or the residence of any person without the permission of an authorized officer or such person, nor shall do any act with the intention of obtaining confidential information. Chapter-10
Collection and Protection of Personal Information

23.
Individual Privacy Act, 2018

Chapter-10
Collection and Protection of Personal Information

23. Not to Collect Personal Information Except Under Law: (1) No person other than an officer authorized under the law or a person authorized by such officer shall collect, store, protect, analyze, process or publish the personal information of any person.

(2) Notwithstanding anything contained in sub-section (1), for the purpose of studying or researching a specific subject or collecting public opinion, information provided by the person concerned may be collected with his/her consent.

(3) When collecting information pursuant to sub-section (2), it shall not be collected without providing the person full information regarding the purpose for which the information is being collected. Explanation: For the purposes of this Section, a notice regarding the subject of data collection published or made public through mass media, addressing the general public, shall be deemed to have provided information.

(4) When collecting information pursuant to sub-section (2), the following matters shall be clearly stated:-

(a) The time of collection of information,

(b) The subject matter of the information,

(c) The nature of the information,

(d) The purpose of collecting the information,

(e) The method and procedure for examining the information,

(f) Assurance regarding maintaining the confidentiality of the collected information,

(g) Matters including the security of the collected information.

(5) When an officer authorized to collect information under the law collects information about any person, it shall be collected by obtaining knowledge from the person concerned himself/herself.

(6) Notwithstanding anything contained in sub-section (5), the following persons may provide information on behalf of the following persons:-

(a) In the case of a person who has not attained the age of eighteen years or is not of sound mind, his/her guardian or caretaker, provided that providing such information is not against the interest of such person,

(b) In the case of another person, an agent or representative authorized by him/her.

(7) An officer authorized pursuant to sub-section (1) shall not collect personal information except in the following circumstances:-

(a) If such officer collects personal information exercising the authority under the same law under which he/she is authorized to collect it,

(b) If there is provision under the prevailing law for such officer to collect such information,

(c) If collected in the course of investigation, prosecution or court proceedings of a criminal offence or law enforcement,

(d) If the person regarding whom information is collected by an organized institution or public body is holding or is about to hold any position in such institution, or such information is under the approved program of such institution or body.

(8) Other provisions relating to the collection, processing, analysis and use of personal data shall be as prescribed. 24.
Individual Privacy Act, 2018

26. Not to Use Personal Information Without Consent: (1) A public body or organized institution shall not use or give to anyone the personal information collected by it or under its custody or control, without the consent of the person concerned, except in the following circumstances:-

(a) If the personal information is made public or distributed for the same purpose for which it was collected,

(b) If requested in writing by an officer authorized to conduct investigation or prosecution in the course of investigation or prosecution of a criminal case,

(c) If ordered by a court in the course of proceedings of a case pending before the court,

(d) If a question arises regarding the qualification or any other matter of a person holding a public office under the prevailing law and it needs to be resolved,

(e) If a question arises regarding a specific matter, and a specific type of information is requested in writing by an authorized officer to resolve it.

(2) Notwithstanding anything contained in sub-section (1), an authorized officer of a body responsible for collecting or protecting personal information may make public or cause to be made public personal information for the purpose of study or research conducted for public purposes in the following circumstances:-

(a) If the subject being researched cannot be completed without personal identification,

(b) If providing the personal information relating to the subject being researched does not cause harm or loss to the person concerned,

(c) If the person concerned has given consent at the time of or anytime after receiving the personal information for public purposes.

(3) Notwithstanding anything contained in this Section, for the purposes of an archive officially established by the Government of Nepal or a Provincial Government, personal information may be provided in the following circumstances:-

(a) If the information does not adversely affect the personal status, professional or personal privacy of the person concerned,

(b) If such information is provided for historical research or collection or compilation of historical facts or information,

(c) If it is personal information of any person, and thirty years or more have elapsed since the death of such person,

Provided, however, that if making such personal information public would insult such person or cause any harm, loss or insult to his/her successors or descendants, such information shall not be provided.

(d) If such information has been archived for one hundred years or more. 27.
Individual Privacy Act, 2018

27. Not to Process Sensitive Information: (1) A public body shall not process or cause to be processed any sensitive personal information under its custody or control.

(2) For the purposes of sub-section (1), the following information shall be considered sensitive personal information of the person concerned:-

(a) His/her caste, ethnicity or origin,

(b) Political affiliation,

(c) Religious faith or belief,

(d) Physical or mental health or condition,

(e) Sexual orientation or events relating to sexual life,

(f) Details relating to property.

(3) Notwithstanding anything contained in sub-section (2), such information may be processed in the following circumstances:-

(a) In the course of prevention of disease, public health protection, disease diagnosis, medical treatment, management of health institutions and provision of health services related to the relevant subject, by a licensed physician or a health worker under his/her direction, in a manner that does not cause insult or humiliation to the person concerned,

(b) If the person concerned has made the information public himself/herself. 28. Application may be Made to Correct Information: (1) If any person feels that any information relating to him/her held under the responsibility, protection or control of a public body is incorrect or not based on facts, he/she may, at any time, submit an application to the concerned public body in the prescribed format to correct and rectify such information. Provided, however, that if he/she has already obtained any profit, benefit or facility based on such information, he/she shall not be allowed to submit an application to correct it.

(2) When submitting an application pursuant to sub-section (1), he/she shall submit details of the reason why such information is incorrect or not based on facts, along with evidence supporting or proving the fact or details claimed by him/her.

(3) Upon receipt of an application pursuant to sub-section (1), the public body shall conduct an inquiry as prescribed, and if it appears that such information needs to be corrected and rectified, it may make necessary corrections and rectifications. Chapter-11
Offences and Penalties

29.
Individual Privacy Act, 2018

Chapter-11
Offences and Penalties

29. Offences and Penalties: (1) If any person does or causes to be done any of the following acts, he/she shall be deemed to have committed an offence under this Act:-
 (a) Any act contrary to sub-sections (1), (2) and (4) of Section 3,
 (b) Any act contrary to sub-section (2) of Section 4,
 (c) Any act contrary to sub-section (1) of Section 5,
 (d) Any act contrary to Section 6,
 (e) Any act contrary to sub-sections (2), (3) and (4) of Section 7,
 (f) Any act contrary to Section 9,
 (g) Any act contrary to sub-sections (2) and (3) of Section 10,
 (h) Any act contrary to sub-section (3) of Section 11,
 (i) Any act contrary to sub-section (4) of Section 12,
 (j) Any act contrary to sub-section (2) of Section 13,
 (k) Any act contrary to Section 14,
 (l) Any act contrary to sub-sections (2) and (3) of Section 15,
 (m) Any act contrary to Section 16,
 (n) Any act contrary to Section 18,
 (o) Any act contrary to sub-sections (2) and (3) of Section 19,
 (p) Any act contrary to Section 21,
 (q) Any act contrary to Section 22,
 (r) Any act contrary to sub-sections (1), (3) and (7) of Section 23,
 (s) Any act contrary to sub-section (1) of Section 26,
 (t) Any act contrary to sub-section (1) of Section 27.

(2) The penalty for an offence under sub-section (1) shall be imprisonment for a term up to three years or a fine up to thirty thousand Rupees, or both.

(3) An offence under clauses (c), (m), (o), (p), (q), (r), (s) or (t) of sub-section (1) shall be a Government of Nepal case, and such an offence shall be deemed to be included in Schedule-1 of the National Criminal Procedure (Code) Act, 2074. 30. May File Complaint: (1) Except for offences mentioned in sub-section (3) of Section 29, if any other offence under this Act is committed, the person concerned may file a complaint in the relevant District Court.

(2) When filing a complaint pursuant to sub-section (1), it must be filed within three months from the date of such act. 31. Compensation: (1) If any person suffers any type of harm, loss or damage due to any act deemed an offence under this Act or any other act, the person concerned or the victim may file a complaint in the relevant District Court seeking compensation for such harm, loss or suffering.

(2) If a complaint is filed pursuant to sub-section (1), and the relevant District Court finds it appropriate to award compensation, it shall order the offender to pay reasonable compensation to the victim. 32.
Individual Privacy Act, 2018

34. Not Deemed to be Obstruction: (1) Nothing written in this Act shall be deemed to obstruct the following actions regarding persons referred to in sub-section (2):-

(a) To obtain any message or information in the course of court proceedings,

(b) To obtain any personal information or details relating to the investigation or prosecution of any offence under the law,

(c) To make public details of his/her property under the prevailing law,

(d) To make public by the concerned body details revealing identity including his/her educational qualification, citizenship, passport, vehicle driver's license,

(e) To publish or disseminate or make public in any manner any message, information, data, news, photograph obtained or collected in the course of maintaining public interest and transparency or conducting investigative journalism, except matters prohibited by the prevailing law relating to presses and newspapers and national broadcasting, provided it is not contrary to the fundamental norms of an individual's privacy,

(f) To publish or disseminate the audio-visual and photograph of a person taken at a public statement, opinion expressed publicly by him/her, or a publicly organized event,

(g) To make healthy comments, with basis, reason or evidence, regarding his/her property and details pursuant to clause (d), or the statement, opinion expressed publicly by him/her, or details relating to his/her public work.

(2) For the purposes of sub-section (1), "person" means the following persons:-

(a) A person holding a public office,

(b) A person who has participated in or been recommended for the formal process of appointment, nomination or election to a public office,

(c) A person who has retired or been released from a public office,

(d) A person who is publicly known or falls within public interest or concern,

(e) A person from whom it is deemed necessary to disseminate or provide information or knowledge to the public due to public interest, integrity or morality, or regarding an act that is contrary to law or is about to occur. 35. Not to Act Contrary to this Act: Every body disseminating public information shall disseminate information in a manner that is not contrary to this Act. 36. Power to Make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. Nepal Law Commission
Bretton Woods Agreement Act, 1961

Bretton Woods Agreement Act, 2018

Date of Seal and Publication
2018.4.5

Amending Acts

1. Act to Amend, Repeal and Re-enact Certain Nepal Acts, 2019 2019.12.30
2. Bretton Woods Agreement (First Amendment) Act, 2027 2027.12.30
3. Bretton Woods Agreement (Second Amendment) Act, 2034 2034.9.18

Date of Certification and Publication

4. This Act has come into force from Jestha 15, 2065. Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066 2066.10.17
5. Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
6. Act to Amend Certain Nepal Acts, 2082 2082.04.14

Act No. 10 of the Year 2018

Repealed by the Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066

An Act made to accept the international agreements relating to the establishment and operation of the International Monetary Fund and the International Bank for Reconstruction and Development and to enable Nepal to become a member of the said Fund and Bank

Preamble: Whereas, in accordance with the Agreement made at the United Nations Monetary and Financial Conference held in July 1944 at Bretton Woods, New Hampshire, United States of America, the International Monetary Fund and the International Bank for Reconstruction and Development have been established, and

Whereas, the International Monetary Fund and the International Bank for Reconstruction and Development have specified conditions under which Nepal may become a member of the International Monetary Fund and the International Bank for Reconstruction and Development subject to the conditions mentioned in Schedules 1 and 2 of this Act, and

Whereas, it is necessary to make provisions for the matters hereinafter mentioned in order to fulfill the conditions as written above,

Therefore, by virtue of Article 93 of the Constitution of Nepal amended by the Act to Amend, Repeal and Re-enact Certain Nepal Acts, 2019.from His Majesty King Mahendra Bir Bikram Shah Dev, this Act is enacted. 1. Short Title and Commencement: (1) This Act may be called the "Bretton Woods Agreement Act, 2018."

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

(a) "Fund" means the International Monetary Fund.

(b) "Bank" means the International Bank for Reconstruction and Development.

(c) "Fund Agreement" means the Articles of Agreement of the Fund added by the First Amendment.and the said words shall also include amendments to the Fund Agreement.

(d) "Bank Agreement" means the Articles of Agreement of the Bank. Added by the Second Amendment.(e) "Special Drawing Rights" means the right to draw funds from the special account in the Fund allocated to participants to meet the need for international liquidity. 3.
Bretton Woods Agreement Act, 1961

Added by the Second Amendment.(e) "Special Drawing Rights" means the right to draw funds from the special account in the Fund allocated to participants to meet the need for international liquidity. 3. Authority to make Agreements and deposit Instruments of Acceptance: The Minister of Finance of the Government of Nepal may, by executing an instrument under his/her signature, authorize a person specified in that instrument to do the following on behalf of the Government of Nepal:

(a) To sign the Articles of Agreement of the International Monetary Fund and the Articles of Agreement of the International Bank for Reconstruction and Development.

(b) To deposit with the Government of the United States of America an instrument of acceptance of the Fund Agreement and the Bank Agreement, stating that the Government of Nepal has, in accordance with Nepalese law, accepted the relevant Agreements and the conditions specified therein, on which conditions Nepal will be granted membership in the International Monetary Fund and the International Bank for Reconstruction and Development. Added by the First Amendment.(c) To accept the First Amendment to the Fund Agreement and to deposit an instrument of consent making Nepal a participant in the Special Drawing Rights provided for in that Amendment. Added by the Second Amendment.(d) To accept the Second Amendment to the Fund Agreement and to deposit an instrument of consent accepting the obligations mentioned in that Amendment, and to accept the increase in Nepal's quota and shares in the Fund and Bank. 4. Authority to make payments to the Fund and Bank: The Minister of Finance shall have the authority to pay from the amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Federal Consolidated Fund any amounts that may become payable from time to time to the said Fund and Bank on behalf of the Government of Nepal in accordance with the conditions written in Schedule Repealed by the Second Amendment and the Fund Agreement and the Bank Agreement. Added by the First Amendment.4a. Obligation to provide currency: Amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.The Minister of Finance of the Government of Nepal shall, on behalf of the Government of Nepal, provide freely usable currency to a participant using Special Drawing Rights upon request, in the circumstances specified by the Fund as written in Article 19, Section 4 of the Fund Agreement as per Schedule 13 amended by the Second Amendment., and payment of such currency shall be made from the amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Federal Consolidated Fund.
Bretton Woods Agreement Act, 1961

Added by the First Amendment.4b. Obligation to reconstitute used Special Drawing Rights: Amended by the Second Amendment.The Minister of Finance of the Government of Nepal shall, on behalf of the Government of Nepal, cause reconstitution of any Special Drawing Rights used as written in Article 19, Section 6(a) of the Fund Agreement as per Schedule 13 amended by the Second Amendment., and all payments required to be made for such reconstitution shall be made from the amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Federal Consolidated Fund. Added by the Second Amendment.4c. Obligation to provide freely usable currency: Upon request for freely usable currency in accordance with the Fund Agreement, amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.the Minister of Finance of the Government of Nepal may provide such currency on behalf of the Government of Nepal. 5. Authority to issue Promissory Notes: Amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.The Minister of Finance of the Government of Nepal may, on behalf of the Government of Nepal, create and issue in the name of the Fund or Bank non-interest-bearing and non-negotiable promissory notes or similar obligations in such form as he/she deems appropriate, as written in Article 3, Section 4 of the Fund Agreement as per Schedule 3 amended by the Second Amendment. and Article 5, Section 12 of the Bank Agreement as per Schedule 4, and payment of promissory notes or obligations so created and issued shall be made from the amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Federal Consolidated Fund. 6.
Bretton Woods Agreement Act, 1961

6. Authority to borrow: Amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.The Minister of Finance of the Government of Nepal may, on behalf of the Government of Nepal, raise loans by creating and issuing in the name of Nepal Rastra Bank non-interest-bearing and non-negotiable promissory notes or similar obligations in such form as he/she deems appropriate, in order to arrange for amounts payable from the amended by the Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Federal Consolidated Fund under this Act.

(2) Notwithstanding anything contained in the Nepal Rastra Bank Act, 2058 Repealed by the Act to Amend Certain Nepal Acts, 2082 , Nepal Rastra Bank may grant loans to the Minister of Finance based on promissory notes or obligations created and issued in accordance with the provision made in sub-section (1), and the amount of loans so taken shall be repaid within five years from the date of taking the loan.

(3) The amount required for the payment of promissory notes or obligations created under sub-section (1) and issued in the name of Nepal Rastra Bank shall be paid from the Federal Consolidated Fund. 7. Nepal Rastra Bank designated as Fiscal Agent and Depository: (1) Nepal Rastra Bank is designated as the Fiscal Agent for the purposes of Article 5, Section 1 of the Fund Agreement as per Schedule 5, and as the Depository for the purposes of Article 13, Section 2 of the Fund Agreement as per Schedule 6.

(2) Nepal Rastra Bank is designated as the Depository for the purposes of Article 5, Section 11 of the Bank Agreement as per Schedule 7. Added by the Second Amendment.(3) All work relating to receiving, using, and transferring Special Drawing Rights on behalf of the Government of Nepal, as well as other exchange transactions with the Fund, shall be carried out by Nepal Rastra Bank. 8. Status, Immunities and Privileges of the Fund and Bank: Amended by the First Amendment.(1) Notwithstanding anything contained in the prevailing Nepalese law, the Fund and Bank shall have the status, immunities and privileges as written in Article 9 of the Fund Agreement as per Schedule 8 and Article 7 of the Bank Agreement as per Schedule 9.

(2) Notwithstanding anything contained in the prevailing Nepalese law, Special Drawing Rights, or operations and transactions thereof, shall have the status, immunities and privileges as per Article 9 of the Fund Agreement, as written in Article 21(b) as per Schedule 12 amended by the Second Amendment., and shall also be exempt from all kinds of taxes. 9.
Bretton Woods Agreement Act, 1961

9. Exchange contracts not enforceable: Notwithstanding anything contained in the prevailing Nepalese law, the matters written in Article 8, Section 2(b) of the Fund Agreement as per Schedule 10 regarding exchange contracts not being enforceable shall be fully applicable as law throughout Nepal Repealed by the Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066

10. Power to amend Schedules: If any amendment is made to any matter in the Fund Agreement and Bank Agreement as per the Schedules to this Act, the Government of Nepal may, by publishing a notice in the Nepal Gazette from time to time, amend the Schedules to this Act accordingly. 11. Power to make Rules: The Government of Nepal may make rules for the purpose of implementing the objectives of this Act. 12. Repealed by the Act to Amend, Repeal and Re-enact Certain Nepal Acts, 2019. Schedule 1

International Bank for Reconstruction and Development

1818 H Street, N.W. Washington 25, D.C. Proposal No. 144

Membership for Nepal in the Bank

Whereas, the Government of Nepal, Nepal has applied for membership in the International Bank for Reconstruction and Development in accordance with Article 2, Section 1(b) of the Bank Agreement, Membership shall be open to other members of the Fund on terms specified by the Bank at such times. and

Whereas, the Executive Directors, having consulted with the representatives of Nepal as per Article 20 of the Bank's By-Laws, have submitted a recommendation to the Board of Governors regarding this application,

The Board of Governors hereby proposes to admit Nepal to membership in the Bank on the following terms and conditions:

1. Definitions: As used in this Proposal,-

(a) "Bank" means the International Bank for Reconstruction and Development.

(b) "Articles" means the Articles of Agreement of the Bank.

(c) "Dollars" means United States dollars of the weight and fineness in effect on July 1, 1944.

(d) "Subscription" means the subscription to the capital stock of the Bank by a member.

(e) "Member" means a member of the Bank. 2. Subscription: Upon accepting membership in the Bank, Nepal shall subscribe to 100 shares of the capital stock of the Bank, each share having a par value of $100,000. 3. Membership in the Fund: Before accepting membership in the Bank, Nepal shall accept membership in the International Monetary Fund and become a member of that Fund. 4.
Bretton Woods Agreement Act, 1961

3. Membership in the Fund: Before accepting membership in the Bank, Nepal shall accept membership in the International Monetary Fund and become a member of that Fund. 4. Payment of Subscription:

(a) Before accepting membership in the Bank, Nepal shall pay to the Bank, in respect of one-half of the subscription payable for those shares, as follows:

(1) 2 percent of such amount in gold or United States dollars, and

(2) 18 percent of such amount in the currency of its country, at the prevailing exchange rate.

(b) The 2 percent portion payable in gold or United States dollars and the 18 percent portion payable in the member's currency, in respect of the other one-half of the subscription payable for those shares, shall be kept uncollected in accordance with Proposal No. 129, on the same basis as the 2 percent and 18 percent portions of the subscription amount under the Board of Governors' Proposal No. 128. 5. Certification and Notice: Before accepting membership in the Bank, Nepal shall give the Bank certification that it has taken all necessary steps to sign and deposit the instrument of acceptance and to sign the Articles as written in paragraphs 6(d) and (e) of this Proposal, and Nepal shall give the Bank such notice as the Bank may request regarding those steps. 6. Acceptance of Membership: Nepal shall become a member of the Bank as a subscriber as written in paragraph 2 of this Proposal on the date on which it fulfills the following requirements:

(a) Become a member of the International Monetary Fund,

(b) Pay the amounts requested for payment as per paragraph 4 of this Proposal,

(c) Give the certification and notice requested as per paragraph 5 of this Proposal,

(d) Deposit with the Government of the United States of America an instrument certifying that, in accordance with its laws, Nepal has accepted all the terms and conditions written in this Proposal and the Articles and has taken all necessary steps to fulfill all its obligations under the Articles and this Proposal,

(e) Sign the original copy of the Articles deposited in the archives of the Government of the United States of America. 7. Time Limit for Acceptance of Membership: Nepal may accept membership in the Bank under this Proposal by March 31, 1961, but if the Executive Directors find that the time limit for accepting membership under this Proposal needs to be extended due to exceptional circumstances, they may extend such period.