chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Patan Academy of Health Sciences Act, 2008

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

(a) To implement and cause to implement the decisions and directions of the Assembly,
(b) To prepare draft rules required for the Academy and submit them to the Assembly for approval,
(c) To prepare the policy, plan, annual program, progress report, annual budget, audit report and other proposals of the Academy and submit them to the Assembly for approval,
(d) To monitor and evaluate the activities done by subordinate bodies and give directions to such bodies as necessary,
(e) Subject to the policy direction of the Assembly, to operate, look after and protect the fund and movable and immovable property of the Academy, sell or give on lease. Provided that, while selling immovable property received from the Government of Nepal, the approval of the Government of Nepal shall be obtained.

(f) To appoint and promote teachers and employees required for the Academy on the recommendation of the Service Commission,
(g) To accept donations and endowments received by the Academy,
(h) To perform and cause to perform other functions as prescribed. Chapter-6

Constitution and Functions, Duties and Powers of the Service Commission

13. Constitution of the Service Commission: (1) There shall be a Service Commission to recommend the appointment and promotion of teachers and employees of the Academy.

(2) The Service Commission shall consist of the following Chairperson and members:-

(a) Chairperson — from among persons who have obtained at least a post-graduate degree in health sciences, worked in the health sector for twenty years, and served as a special class officer or professor and performed managerial or academic responsibilities.
(b) Member, Public Service Commission — Member
(c) One teacher from among the teachers — Member

(3) The Chairperson and member pursuant to clauses (a) and (c) of sub-section (2) shall be nominated by the Assembly.

(4) The term of office of the Chairperson and nominated member of the Service Commission shall be four years.

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

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

(7) The procedure relating to the meetings of the Service Commission shall be as prescribed. Chapter-7

Faculty Board, Educational Institution, Hospital and Other Bodies

14. Provision relating to Faculty Board, Faculty and Research Centre: (1) The Academy may establish a Faculty Board, Faculty and Research Centre.

(2) The constitution and functions, duties and powers of the Faculty Board, Faculty and Research Centre established pursuant to sub-section (1) shall be as prescribed. 15.
Patan Academy of Health Sciences Act, 2008

Provision relating to Faculty Board, Faculty and Research Centre: (1) The Academy may establish a Faculty Board, Faculty and Research Centre.

(2) The constitution and functions, duties and powers of the Faculty Board, Faculty and Research Centre established pursuant to sub-section (1) shall be as prescribed. 15. Establishment and Operation of Educational Institution: (1) The Academy may establish Educational Institutions as required with the objective of conducting study and research on various subjects related to health sciences.

(2) The operation of an Educational Institution established pursuant to sub-section (1) shall be as prescribed. 16. Establishment and Operation of Hospital: (1) The Academy shall establish a Hospital for conducting high-level study and research in the health sector and providing quality health services.

(2) The Patan Hospital established and operating under the prevailing law at the time of commencement of this Act shall be deemed to have been established pursuant to sub-section (1).

(3) The operation and management of the Hospital shall be as prescribed. 17. Hospital Management Committee: (1) There shall be a Hospital Management Committee for the smooth operation of the Hospital.

(2) The constitution and functions, duties and powers of the Hospital Management Committee shall be as prescribed. Chapter-8

Office Bearers, Teachers and Employees of the Academy

18. Chancellor: (1) The Prime Minister shall be the Chancellor of the Academy.

(2) The Chancellor shall be the head of the Academy. 19. Vice-Chancellor: (1) The Minister or Minister of State for Health and Population shall be the Vice-Chancellor of the Academy.

(2) The Vice-Chancellor may inspect the Academy as required and give directions to the Academy. 20. Deputy Vice-Chancellor: (1) The Deputy Vice-Chancellor shall be the chief office bearer working full-time in the Academy.

(2) A committee consisting of two other members of the Assembly chaired by the Vice-Chancellor shall be formed by the Chancellor to recommend for appointment to the post of Deputy Vice-Chancellor, and the Chancellor shall appoint the Deputy Vice-Chancellor on the recommendation of that committee.

(3) The term of office of the Deputy Vice-Chancellor shall be four years.

(4) The functions, duties and powers, remuneration, facilities and other terms of service of the Deputy Vice-Chancellor shall be as prescribed. 21.
Patan Academy of Health Sciences Act, 2008

21. Dean of Academic Affairs: (1) The Vice-Chancellor shall appoint the Dean of Academic Affairs on the recommendation of the Deputy Vice-Chancellor for the oversight of the educational and academic work of the Academy.

(2) The Dean of Academic Affairs shall be an office bearer working full-time in the Academy.

(3) The term of office of the Dean of Academic Affairs shall be four years.

(4) Other functions, duties and powers, remuneration, facilities and other terms of service of the Dean of Academic Affairs shall be as prescribed. 22. Registrar: (1) The Vice-Chancellor shall appoint the Registrar on the recommendation of the Deputy Vice-Chancellor for the oversight of financial and personnel administration related work of the Academy.

(2) The Registrar shall be an office bearer working full-time in the Academy.

(3) The term of office of the Registrar shall be four years.

(4) Other functions, duties and powers, remuneration, facilities and other terms of service of the Registrar shall be as prescribed. 23. Dean: (1) The Deputy Vice-Chancellor shall appoint the Dean to work as the head of a Faculty of the Academy.

(2) The Dean shall be an office bearer working full-time in the Academy.

(3) The term of office of the Dean shall be four years.

(4) Functions, duties and powers, remuneration, facilities and other terms of service of the Dean shall be as prescribed. 24. Director: (1) The Deputy Vice-Chancellor shall appoint the Director to work as the administrative head of the Hospital.

(2) The term of office of the Director shall be four years.

(3) Functions, duties and powers, remuneration, facilities and other terms of service of the Director shall be as prescribed. 25. Other Office Bearers: (1) There may be other office bearers in the Academy as prescribed.

(2) The appointment, functions, duties and powers, remuneration, facilities and terms of service of office bearers pursuant to sub-section (1) shall be as prescribed. 26.
Patan Academy of Health Sciences Act, 2008

25. Other Office Bearers: (1) There may be other office bearers in the Academy as prescribed.

(2) The appointment, functions, duties and powers, remuneration, facilities and terms of service of office bearers pursuant to sub-section (1) shall be as prescribed. 26. Removal from Office: (1) If the Deputy Vice-Chancellor, Dean of Academic Affairs or Registrar fails to fulfill his/her official responsibility or does not behave in accordance with the office or if one-fourth of the members of the Assembly then in office submit a written application to the Chancellor stating that he/she has not performed his/her duty honestly, the Chancellor shall form a three-member investigation committee consisting of a member nominated as chairperson, another member and the Secretary of the Ministry of Health and Population.

(2) If the investigation committee pursuant to sub-section (1) recommends that the Deputy Vice-Chancellor, Dean of Academic Affairs or Registrar has not fulfilled his/her official responsibility, has not worked honestly or has not performed his/her duty, and if that matter is passed by a meeting of the Assembly, the Chancellor shall remove such Deputy Vice-Chancellor, Dean of Academic Affairs or Registrar from his/her office.

(3) After the formation of the investigation committee pursuant to sub-section (1), such office bearer shall be automatically suspended from his/her office until a decision is made by the Assembly pursuant to sub-section (2).

(4) Provisions relating to the removal from office of other office bearers of the Academy other than the Deputy Vice-Chancellor, Dean of Academic Affairs or Registrar shall be as prescribed.

(5) Before recommending removal of an office bearer of the Academy pursuant to sub-section (2), the investigation committee shall give him/her an opportunity to submit a defense against the allegations leveled against him/her. 27. Teachers and Employees of the Academy: (1) There shall be teachers and employees in the Academy in the required number.

(2) The appointment of teachers and employees of the Academy shall be made on the recommendation of the Service Commission as prescribed.

(3) Functions, duties and powers, remuneration, facilities and other terms of service of teachers and employees of the Academy shall be as prescribed. Chapter-9

Fund, Accounts and Audit of the Academy

28.
Patan Academy of Health Sciences Act, 2008

Chapter-9

Fund, Accounts and Audit of the Academy

28. Fund of the Academy: (1) The Academy shall have a separate Fund.

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

(a) Amount received from the Government of Nepal,
(b) Amount received from educational fees and service fees,
(c) Amount received in the form of grant or loan from domestic or foreign individuals, associations, institutions or foreign governments,
(d) Amount received from other sources.

(3) Before receiving any amount from foreign individuals, associations, institutions or governments pursuant to clause (c) of sub-section (2), the Academy shall obtain the approval of the Government of Nepal.

(4) The amount of the Fund of the Academy shall be deposited by opening an account in a commercial bank.

(5) All expenses of the Academy shall be borne from the Fund pursuant to sub-section (1).

(6) The operation of the Fund and account of the Academy shall be as prescribed. 29. Accounts and Audit: (1) The accounts of the income and expenditure of the Academy shall be kept in accordance with the prevailing law.

(2) The audit of the Academy shall be carried out by the Auditor General or an auditor designated by him/her. Chapter-10

Miscellaneous

30. No Affiliation to be Granted: The Academy shall not grant affiliation to any educational institution. 31. May Merge Other Institutions: (1) If any institution related to health sciences established and operating under the prevailing law wishes to merge with the Academy, the Academy may merge such institution into the Academy.

(2) The basis and procedure for merging an institution pursuant to sub-section (1) shall be as prescribed. 32. To Act in Accordance with National Education and Health Policy: The Academy shall act in accordance with the national health and education policy approved by the Government of Nepal. 33. Provision regarding Reservation: (1) The Academy shall make reservation for students from rural areas who have studied in community schools and passed the School Leaving Certificate Added by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. or equivalent, being not less than ten percent of the total number of students enrolled in each academic session, for women, Dalit, Adivasi/Janajati, Madhesi and students from backward areas.

(2) Students shall be selected by competition for the seats reserved pursuant to sub-section (1). 34.
Patan Academy of Health Sciences Act, 2008

34. Priority to be Given while Enrolling Students: (1) The Academy shall give priority for enrollment in the undergraduate level of the Academy to health service assistant employees who have passed the School Leaving Certificate Added by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. or equivalent, and have passed the proficiency certificate level in health sciences related subjects Added by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. or equivalent, and have worked in a health institution in a remote area for a prescribed period.

(2) An employee wishing to enroll pursuant to sub-section (1) must have fulfilled the criteria prescribed by the Nepal Medical Council. 35. Scholarship to be Provided: (1) The Academy shall provide full scholarship to indigent students in at least fifteen percent of the total number of students enrolled in each academic session. Explanation: For the purpose of this Section, "indigent" means students who have studied in community schools and passed the School Leaving Certificate Added by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. or equivalent, and are recommended as indigent by the concerned Amended by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. Rural Municipality or Municipality on prescribed basis.

(2) Taking the fifteen percent referred to in sub-section (1) as one hundred percent, scholarship shall be provided only to students from women, Dalit, Adivasi/Janajati, Madhesi and backward areas in forty-five percent of those seats.

(3) The Academy may provide partial scholarship to indigent students.

(4) The basis for providing scholarship pursuant to sub-sections (1), (2) and (3) shall be as prescribed.

(5) Any body or institution may provide a scholarship to any student for study in the Academy. 36.
Patan Academy of Health Sciences Act, 2008

36. To Work in Prescribed Place: (1) A Nepali student studying on scholarship under this Act shall, if having received full scholarship from the Academy, work in a health institution in a rural area designated by the Government of Nepal for at least four years, and if having received partial scholarship, for at least two years.

(2) If a Nepali student studying on a scholarship from any body or institution has been subjected to a condition by the body or institution providing the scholarship to work at a certain place for a certain period in return for receiving such scholarship, the student shall work in accordance with that condition, and if no such condition has been imposed, shall work in accordance with sub-section (1).

(3) A student enrolled on priority basis under Section 34 shall work in a health institution in a rural area designated by the Government of Nepal for at least two years.

(4) The Academy shall issue a permanent certificate of academic qualification to a Nepali student studying on priority or scholarship under Sections 34 and 35 only after such student has worked for the full period mentioned in sub-section (1), (2) or (3).

(5) The Academy may make necessary arrangements to encourage Nepali students other than those studying on priority or scholarship under Sections 34 and 35 to work in health institutions in rural areas after their studies. 37. Annual Report: (1) The Academy shall submit to the Government of Nepal an annual report of its activities during the year within three months of the end of each fiscal year.

(2) The report pursuant to sub-section (1) shall include, among other things, a brief description of the work done by the Academy during the year and the achievements of the Academy. 38. Delegation of Powers: (1) The Assembly may delegate some of the powers conferred upon it under this Act to the Academic Council, Executive Council or Deputy Vice-Chancellor as necessary.

(2) The Academic Council, Executive Council or Service Commission may delegate some of the powers conferred upon it under this Act to any office bearer of the Academy or any subordinate body as necessary. 39. Proceedings Not to be Invalidated: No act or proceeding of the Academy shall be invalidated merely by reason of the vacancy in the office of any office bearer or member of the Academy or any defect in the appointment or nomination of any office bearer or member of any organization of the Academy. 40. May Give Directions: The Government of Nepal may give necessary directions to the Academy in relation to its work and proceedings, and it shall be the duty of the Academy to comply with such directions. 41.
Patan Academy of Health Sciences Act, 2008

40. May Give Directions: The Government of Nepal may give necessary directions to the Academy in relation to its work and proceedings, and it shall be the duty of the Academy to comply with such directions. 41. Contact with Government of Nepal: The Academy shall contact the Government of Nepal through the Ministry of Health and Population. 42. Oath to be Taken: A person appointed to the office of an office bearer of the Academy shall take an oath in the prescribed format before assuming the duties of his/her office. 43. Employees May Remain in the Academy: (1) Among the employees of the Nepal Health Service working in the Hospital at the time of commencement of this Act, those employees wishing to work in the Academy shall submit an application to the Ministry of Health and Population within six months from the date of commencement of the employee service related rules made under this Act.

(2) If the Government of Nepal grants approval for an employee submitting an application pursuant to sub-section (1) to remain as an employee of the Academy, such employee shall be deemed to be an employee of the Academy.

(3) The service period of an employee who remains in the Academy pursuant to sub-section (2) spent working in the health service shall be counted in the service period of the Academy. 44. Power to Make Rules: The Academy may make necessary rules for the purpose of implementing the objectives of this Act. Provided that, while making rules on matters that may cause additional financial burden to the Government of Nepal, the approval of the Government of Nepal shall be obtained. 45. Repeal and Saving: (1) The Patan Hospital Development Committee (Formation) Order, 2063 is hereby repealed.

(2) All acts and proceedings done under the Order pursuant to sub-section (1) shall be deemed to have been done under this Act.

(3) All movable and immovable property, transactions, loans, assets, including all rights and liabilities in the name of the Development Committee under the Order pursuant to sub-section (1) shall be deemed to have been transferred to the Academy.

(4) Teachers and employees working in the Development Committee under the formation Order pursuant to sub-section (1) shall be deemed to have been transferred to equivalent level and grade posts in the Academy.

(5) Until a Hospital Management Committee is constituted under this Act, the Committee constituted under the Order pursuant to sub-section (1) shall perform the functions of the Hospital Management Committee.
Operating Fund Act, 1986

Operation Fund Act, 2043 (1986)

Royal Seal and Date of Publication
2043.7.24

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.7

Act No. 13 of the year 2043 (1986)



An Act Made to Provide for the Operation Fund

Preamble: Whereas, it is expedient to make provision relating to an Operation Fund to simplify and facilitate financial administration, accelerate the pace of development, and provide financial facilities to the general public;

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Operation Fund Act, 2043 (1986)."

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

(a) "Fund" means the Operation Fund established pursuant to Section 3.

(b) "Ministry" means a ministry of the Government of Nepal, and includes the Cabinet Secretariat.

(c) "Bank" means Nepal Rastra Bank, and includes other banks conducting government transactions.

(d) "Previous fiscal year" means the fiscal year immediately preceding the current fiscal year. 3. Establishment of Fund: (1) A Ministry may, if it considers necessary, establish a special Operation Fund for the purpose of carrying out special operations for a body that generates income by selling its products or services.

(2) The following amounts shall be deposited in the Fund established pursuant to Sub-section (1):

(a) Amount allocated by the Appropriation Act in each fiscal year,

(b) Amount allocated as specified from the revenues deposited into the Consolidated Fund in each fiscal year, as determined by the Government of Nepal. 4. Procedure for Establishing a Fund: To establish a Fund, the concerned Ministry shall, with the consent of the Ministry of Finance, cause a decision to be made by the Government of Nepal, Cabinet. 5. Operation of the Fund: (1) To operate the Fund, an account similar to a government account shall be opened and operated in a Bank.

(2) In bodies that need to purchase raw materials and spare parts, twenty-five percent of the amount allocated under clause (b) of Sub-section (2) of Section 3 shall be set aside for the purchase of raw materials and spare parts. 6. Submission of Accounts of the Fund: The officer designated by the Ministry for the operation of the Fund shall submit the actual accounts of the Fund to the Comptroller General within fifteen days after the end of the fiscal year. 7. Carry Forward of Fund Balance: The balance amount remaining at the end of the previous fiscal year shall be carried forward to the Fund at the beginning of each fiscal year. 8.
Nepal Tourism Board Act, 1997

नेपाल पर्यटन बोर्ड ऐन, २०५३
Nepal Tourism Board Act, 2053

लालमोहर र प्रकाशन मिति
Royal Seal and Date of Publication
२०५३ । १० । २३
2053.10.23

संशोधन गर्ने ऐन
Amending Acts

१. गणतन्त्र सुदृढीकरण तथा केही नेपाल कानून संशोधन गर्ने ऐन, २०६६ २०६६ । १० । ०७
1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.07

२०५३ सालको ऐन नं. २५
Act No. 25 of the year 2053



नेपाल पर्यटन बोर्डको स्थापना र व्यवस्था गर्न बनेको ऐन
An Act Made to Establish and Manage the Nepal Tourism Board

प्रस्तावनाः देशको प्राकृतिक तथा सांस्कृतिक सम्पदा एवं वातावरणको संरक्षण र संवर्धन गर्दै पर्यटन व्यवसायको विकास, विस्तार एवं प्रवर्धन गरी अन्तर्राष्ट्रिय रूपमा नेपाललाई एक आकर्षक र भरपर्दो पर्यटन स्थलहरूको रूपमा विकसित गरेर राष्ट्रिय उत्पादन, विदेशी मुद्रा आर्जन र रोजगारीका अवसरहरूको सृजनामा अधिकतम वृद्धि गर्नका निमित्त नेपाल पर्यटन बोर्डको स्थापना गर्न र त्यसको कार्य सञ्चालन सम्बन्धी व्यवस्था गर्न वाञ्छनीय भएकोले,
Preamble: Whereas, it is desirable to establish the Nepal Tourism Board and make provisions relating to its functioning for the purpose of making maximum increase in national production, foreign currency earnings and creation of employment opportunities by developing, expanding and promoting tourism business while protecting and promoting the natural and cultural heritage and environment of the country, and by developing Nepal internationally as an attractive and reliable tourist destination,

श्री ५ महाराजाधिराज वीरेन्द्र वीर विक्रम शाहदेवको शासनकालको पच्चीसौं वर्षमा संसदले यो ऐन बनाइएको छ । This Act is made by Parliament in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

परिच्छेद-१
Chapter-1

प्रारम्भिक
Preliminary

१. संक्षिप्त नाम र प्रारम्भ: (१) यस ऐनको नाम “नेपाल पर्यटन बोर्ड ऐन, २०५३” रहेको छ । 1. Short Title and Commencement: (1) This Act shall be called the “Nepal Tourism Board Act, 2053”.

(२) यो ऐन नेपाल सरकारले नेपाल राजपत्रमा सूचना प्रकाशन गरी तोकेको मितिदेखि प्रारम्भ हुनेछ । यो ऐन संवत् २०५४ साल जेठ १९ गते देखि लागू हुने गरी तोकिएको (नेपाल राजपत्र मिति २०५४/२/२०) । (2) This Act shall come into force from the date specified by the Government of Nepal by notification published in the Nepal Gazette. This Act is specified to come into force from Jestha 19, 2054 (Nepal Gazette dated 2054/2/20).

२. परिभाषा: विषय वा प्रसङ्गले अर्को अर्थ नलागेमा यस ऐनमा,-
2.
Nepal Tourism Board Act, 1997

Establishment of Board: (1) A Board called "Nepal Tourism Board" is established for the development, expansion and promotion of tourism business by establishing Nepal as an attractive tourist destination in the international arena.

(२) बोर्डको केन्द्रीय कार्यालय काठमाडौँ उपत्यकामा रहनेछ र बोर्डले आवश्यकता अनुसार नेपाल गणतन्त्र सुदृढीकरण तथा केही नेपाल कानून संशोधन गर्ने ऐन, २०६६ द्वारा झिकिएको । भित्र वा बाहिर जुनसुकै स्थानमा आफ्नो शाखा तथा उपशाखा कार्यालयहरू खोल्न सक्नेछ । (2) The central office of the Board shall be located in Kathmandu Valley and the Board may open its branch and sub-branch offices at any place within Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or outside as required.

४. बोर्ड स्वशासित संस्था हुने: (१) बोर्ड अविच्छिन्न उत्तराधिकारवाला एक स्वशासित र सङ्गठित संस्था हुनेछ । 4. Board to be Autonomous Body: (1) The Board shall be an autonomous and corporate body with perpetual succession.

(२) बोर्डको सबै काम कारबाहीको लागि आफ्नो एउटा छुट्टै छाप हुनेछ । (2) The Board shall have its own separate seal for all its acts and business.

(३) बोर्डले व्यक्ति सरह चल अचल सम्पत्ति प्राप्त गर्न, उपभोग गर्न, बेचबिखन गर्न वा अन्य कुनै किसिमले व्यवस्था गर्न सक्नेछ । (3) The Board may, like a person, acquire, use, sell or otherwise dispose of movable and immovable property.

(४) बोर्डले व्यक्ति सरह आफ्नो नामबाट नालिस उजूर गर्न र बोर्ड उपर पनि सोही नामबाट नालिस उजूर लाग्न सक्नेछ । (4) The Board may, like a person, sue or be sued in its own name.

५. बोर्डको उद्देश्य: बोर्डको उद्देश्य देहाय बमोजिम हुनेछः-
5.
Nepal Tourism Board Act, 1997

Objectives of Board: The objectives of the Board shall be as follows:-

(क) नेपाललाई एक आकर्षक पर्यटन स्थलको रूपमा विकसित गरी अन्तर्राष्ट्रिय जगतमा परिचित गराउने । (a) To develop Nepal as an attractive tourist destination and make it known in the international arena.

(ख) देशको प्राकृतिक तथा सांस्कृतिक सम्पदा एवं वातावरणको संरक्षण र संवर्धन गर्दै पर्यटन व्यवसायको विकास, विस्तार र प्रवर्धन गर्ने । (b) To develop, expand and promote tourism business while protecting and promoting the natural and cultural heritage and environment of the country.

(ग) पर्यटन व्यवसायको विकास, विस्तार र प्रवर्धनद्वारा राष्ट्रिय उत्पादन तथा विदेशी मुद्रा आर्जनमा अभिवृद्धि गरी बढी भन्दा बढी रोजगारीका अवसरहरूको सृजना गर्ने । (c) To increase national production and foreign currency earnings through the development, expansion and promotion of tourism business and create maximum employment opportunities.

(घ) नेपाललाई सुरक्षित, भरपर्दो तथा आकर्षक पर्यटन स्थलको रूपमा विकसित गरी अन्तर्राष्ट्रिय पर्यटन समुदायमा नेपालको छविलाई उच्च एवं मर्यादित ढङ्गबाट स्थापित गर्ने । (d) To develop Nepal as a safe, reliable and attractive tourist destination and establish Nepal's image in the international tourism community in a high and dignified manner.

(ङ) पर्यटकहरूलाई गुणात्मक सेवा प्रदान गर्न पर्यटन व्यवसायमा देखापरेका समस्याहरूको निराकरणका उपायहरू पत्ता लगाउन आवश्यकतानुसार कार्यमूलक अनुसन्धान गर्ने, गराउने । (e) To conduct or cause to conduct action-oriented research as necessary to find solutions to problems arising in the tourism business in order to provide quality services to tourists.

(च) पर्यटन व्यवसायको विकासका लागि आवश्यक संस्थाहरूको स्थापना र विकास गर्न सघाउ पुऱ्याउने । (f) To assist in the establishment and development of necessary institutions for the development of tourism business.

६. बोर्डको काम, कर्तव्य र अधिकार: बोर्डको काम, कर्तव्य र अधिकार देहाय बमोजिम हुनेछः-
6. Functions, Duties and Powers of Board: The functions, duties and powers of the Board shall be as follows:-

(क) पर्यटन व्यवसायसँग सम्बन्धित कुनै पनि कारोबार गर्नको निमित्त नेपाल सरकारको वा नेपाल सरकारको स्वीकृति लिई कुनै व्यक्ति, संस्था वा निकायको प्रतिनिधिको हैसियतले कार्य गर्ने । (a) To act on behalf of the Government of Nepal or, with the approval of the Government of Nepal, as a representative of any person, institution or body for carrying out any business related to tourism business.

(ख) पर्यटन व्यवसायको स्थापना, सुधार, विकास, विस्तार, प्रवर्धन तथा संरक्षण गर्ने सम्बन्धमा पूर्वाधार विकास, पर्यटन सेवा, सुविधा विस्तार, जनशक्ति विकास र पर्यटन स्थलहरूको पर्यावरण संरक्षण गर्ने कार्य समेतका सम्बन्धमा आवश्यक कार्यक्रम तर्जुमा गरी कार्यान्वयन गर्ने, गराउने । (b) To formulate and implement or cause to implement necessary programs relating to infrastructure development, tourism service, facility expansion, human resource development and environmental protection of tourist destinations in relation to the establishment, improvement, development, expansion, promotion and conservation of tourism business.

(ग) पर्यटकहरूका लागि सुविधा वृद्धि गर्ने कार्यक्रमको तर्जुमा गर्ने कार्यमा संलग्न भ
Nepal Tourism Board Act, 1997

ै नेपाललाई एक आकर्षक पर्यटन स्थलको रूपमा विकसित गर्ने । (c) To participate in the formulation of programs to enhance facilities for tourists and develop Nepal as an attractive tourist destination.

(घ) पर्यटकहरूलाई सेवा प्रदान गर्ने व्यक्ति, संस्था वा निकायहरूको क्रियाकलापहरूमा समन्वय कायम गर्ने । (d) To maintain coordination in the activities of persons, institutions or bodies providing services to tourists.

(ङ) पर्यटन व्यवसायको विकास र विस्तारका लागि आवश्यक पर्ने प्राविधिक एवं वित्तीय आधारहरू तयार पारी सोही अनुसार पर्यटन विकाससँग सम्बन्धित कार्यक्रमहरू कार्यान्वयन गर्ने, गराउने । (e) To prepare the necessary technical and financial bases for the development and expansion of tourism business and to implement or cause to implement programs related to tourism development accordingly.

(च) पर्यटन व्यवसायको विकास, विस्तार र प्रवर्धन गर्नका लागि पर्यटन सम्बन्धी विविध क्रियाकलापहरूमा निजी क्षेत्रको सहभागितालाई अधिकतम मात्रामा प्रोत्साहित गर्ने, गराउने । (f) To encourage or cause to encourage maximum participation of the private sector in various tourism-related activities for the development, expansion and promotion of tourism business.

(छ) पर्यटनसँग सम्बन्धित विद्यमान भौतिक पूर्वाधार हरूको व्यवस्थित र प्रभावकारी ढङ्गले उपयोग गरी पर्यटकहरूलाई देशको धार्मिक र सांस्कृतिक महत्वका स्थलहरू, उच्च हिम श्रृंखलाहरू तथा मनोरम प्राकृतिक सौन्दर्यको दृश्यावलोकन गराउन निजी क्षेत्रलाई उत्प्रेरित गर्ने । (g) To motivate the private sector to make systematic and effective use of existing physical infrastructure related to tourism and to enable tourists to view the country's religious and culturally important sites, high mountain ranges and panoramic natural beauty.

(ज) नेपाललाई एक साहसिक तथा आकर्षक पर्यटन केन्द्रको रूपमा विकसित गर्दै लैजाने र जल, स्थल र वायुमा आधारित मनोरञ्जनपूर्ण तथा साहसिक पर्यटन सम्बन्धी क्रियाकलापहरू मौलिक संस्कृति र परम्परामा प्रतिकूल असर नपर्ने गरी नेपाल गणतन्त्र सुदृढीकरण तथा केही नेपाल कानून संशोधन गर्ने ऐन, २०६६ द्वारा झिकिएको । का विभिन्न भागहरूमा सञ्चालन गर्ने, गराउने र त्यस्ता साहसिक पर्यटन सम्बन्धी कृयाकलापहरू सञ्चालन गर्न निजी क्षेत्रलाई प्रोत्साहित गर्ने । (h) To progressively develop Nepal as an adventurous and attractive tourism center and to conduct or cause to conduct recreational and adventurous tourism activities based on water, land and air in various parts of Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2
Nepal Tourism Board Act, 1997

066. without adversely affecting the indigenous culture and traditions, and to encourage the private sector to conduct such adventure tourism activities.

(झ) अन्तर्राष्ट्रिय सभा सम्मेलन, व्यापार मेला, सांस्कृतिक तथा युवा महोत्सव, खेलकूद प्रतियोगिता लगायत अन्य रचनात्मक तथा प्रवर्धनत्मक पर्यटकीय उत्पादनसँग सम्बन्धित क्रियाकलापहरू आफैले सञ्चालन गर्ने र निजी क्षेत्रलाई समेत यस्ता क्रियाकलापहरू सञ्चालन गर्न प्रोत्साहित गर्ने । (i) To conduct by itself activities related to international conferences, trade fairs, cultural and youth festivals, sports competitions and other creative and promotional tourism products, and to encourage the private sector to conduct such activities as well.

(ञ) ऐतिहासिक महत्व भएका स्थलहरू तथा मठ मन्दिर, गुम्बाहरूको संरक्षण सम्बन्धी विविध क्रियाकलापहरूमा स्थानीय जनसमुदायको सहभागितालाई अधिकतम मात्रामा प्रोत्साहित गर्ने । (j) To encourage maximum participation of the local community in various activities related to the conservation of historically significant sites and monasteries, temples and gumbas.

(ट) पर्यटन पूर्वाधार तथा सुविधाहरूको सुदृढीकरण गर्दै नयाँ पर्यटन स्थलहरूको विकास गर्दा पनि खास गरी ग्रामीण पर्यटन स्थलहरूको विकासलाई प्राथमिकता दिने र ग्रामीण पर ्यटन विकासका विविध कार्यक्रमहरू सञ्चालन गर्न स्थानीय ग्रामीण समुदायलाई उत्प्रेरित गर्ने । (k) To give priority to the development of rural tourist destinations in particular while strengthening tourism infrastructure and facilities and developing new tourist destinations, and to motivate the local rural community to conduct various rural tourism development programs.

(ठ) नयाँ पर्यटन स्थलहरूको पूर्वाधार निर्माण र विकासमा लगानी परिचालन गर्ने, गराउने । (l) To mobilize or cause to mobilize investment in infrastructure construction and development of new tourist destinations.

(ड) धार्मिक तीर्थस्थलहरूको संरक्षण तथा संवर्धन गरी धार्मिक पर्यटनको विकास गर्नको लागि धार्मिक तथा सांस्कृतिक महत्वका स्थलहरूमा पर्यटकहरू बढी आकर्षित हुने गरी सुविधाहरू विस्तार गर्नुका साथै यस्ता स्थलहरूलाई अन्तर्राष्ट्रिय धार्मिक केन्द्रको रूपमा विकसित गर्ने, गराउने । (m) To expand facilities at sites of religious and cultural importance in a manner to attract more tourists for the conservation and promotion of religious pilgrimage sites and the development of religious tourism, as well as to develop or cause to develop such sites as international religious centers.

(ढ) अन्तर्राष्ट्रिय पर्यटन उद्गम बजारहरूमा प्र
Nepal Tourism Board Act, 1997

तिस्पर्धात्मक रूपमा पर्यटन प्रवर्धन गरी नेपाललाई विश्वको एक प्रमुख पर्यटन केन्द्रको रूपमा विकसित गर्ने, गराउने । (n) To competitively promote tourism in international tourist source markets and develop or cause to develop Nepal as a major tourism center of the world.

(ण) वन्यजन्तु अवलोकन जस्ता पर्यटनको विकास र प्रवर्धन गर्ने । (o) To develop and promote tourism such as wildlife viewing.

(त) मित्र राष्ट्रहरूसँग समन्वय गरी पारस्परिक लाभमा आधारित अन्तरदेशीय पर्यटन सम्बन्धी गतिविधिहरूमा वृद्धि गर्ने । (p) To increase activities related to inter-country tourism based on mutual benefit by coordinating with friendly nations.

(थ) पर्यटन जन चेतनाको लागि विभिन्न तहमा प्रचार, प्रसार कार्यक्रमहरू तर्जुमा गरी कार्यान्वयन गर्ने, गराउने । (q) To formulate and implement or cause to implement publicity and dissemination programs at various levels for tourism public awareness.

(द) पर्यटन व्यवसायीहरूबाट पर्यटकहरूलाई प्रदान गरिने सेवा तथा सुविधाहरूलाई स्तरीय बनाई पर्यटकहरूको सुरक्षाका लागि समेत विशेष व्यवस्था गर्ने । (r) To standardize the services and facilities provided to tourists by tourism entrepreneurs and also make special arrangements for the safety of tourists.

(ध) पर्यटन सेवा र सुविधाहर ूको गुणस्तर वृद्धि गर्नको लागि पर्यटन व्यवसायीहरूलाई आ–आफ्ना व्यावसायिक सङ्घहरू मार्फत आचार संहिता लागू गराउने । (s) To have tourism entrepreneurs implement codes of conduct through their respective professional associations in order to enhance the quality of tourism services and facilities.

(न) पर्यटन व्यवसायमा संलग्न रहेका व्यक्ति वा संस्थाहरूलाई प्राविधिक ज्ञान प्रशिक्षण तथा प्राविधिक सहयोग प्रदान गर्ने सम्बन्धमा आवश्यक तालिम तथा प्रशिक्षण दिने कार्यमा सहयोग पुऱ्याउने । (t) To provide assistance in providing necessary training and orientation to individuals or institutions engaged in tourism business regarding the provision of technical knowledge, training and technical assistance.

(प) पर्यटन व्यवसायको विकास गर्नको लागि नेपाल सरकार र नेपाल सरकारबाट गठित पर्यटन परिषद्लाई समय समयमा आवश्यक सुझाव तथा परामर्श दिने । (u) To provide necessary suggestions and advice from time to time to the Government of Nepal and the Tourism Council formed by the Government of Nepal for the development of tourism business.

(फ) पर्यटन व्यवसायसँग सम्बन्धित निकायहरूले अपनाउनु पर्ने गुणस्तरलाई नियमित गरी त्यस्तो गुणात्मक सेवा प्रदान नगर्ने निकायहरूलाई प्रचलित कानून बमोजिम कारबाही चलाउनको निमित्त नेपाल स रकारलाई अनुरोध गर्ने । (v) To regulate the quality standards to be adopted by bodies related to tourism business and request the Government of Nepal to take action in accordance with the prevailing laws against bodies that do not provide such quality services.

(ब) पर्यटक तथा पर्यटन व्यवसायीहरूलाई पर्यटनसँग सम्बन्धित विषयहरूका सम्बन्धमा आवश्यक सेवा तथा परामर्श प्रदान गर्ने, गराउने । (w) To provide or cause to provide necessary services and counseling to tourists and tourism entrepreneurs on matters related to tourism.

(भ) पर्यटन प्रवर्धन, पूर्वाधार विकास, पर्यटन सेवा, सुविधा विस्त
Copyright Act, 2002

Copyright Act, 2059

Date of Seal and Publication
2059.4.30

Amending Acts

1. Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063This Act came into force from Kartik 5, 2063. 2063.8.8
2. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066This Act came into force from Jestha 15, 2065. 2066.10.7
3. Act to Amend Some Nepal Acts, 2072 2072.11.13
4. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
5. Act to Amend Some Nepal Acts Relating to the Civil Code, 2075 2076.1.2

Act No. 8 of 2059



An Act Made to Provide for Matters Relating to Copyright

Preamble: Whereas it is desirable to make legal provisions relating to copyright timely,

Parliament has enacted this Act in the first year of the reign of His Majesty King Gyanendra Bir Bikram Shah Dev. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Copyright Act, 2059".

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

(a) "Work" means original and intellectual creations presented in the fields of literature, art, science and other areas, and the term also denotes the following works:-

(1) Books, pamphlets, articles, research papers,
(2) Dramas, dramatic-musical works, pantomimes and works prepared for performance in a similar manner,
(3) Musical works, with or without words,
(4) Audiovisual works,
(5) Architectural designs,
(6) Paintings, drawings, sculptures, wood carvings, lithographs and other works relating to architecture,
(7) Photographic works,
(8) Works of applied art,
(9) Illustrations, maps, plans, three-dimensional works relating to geography, topography and scientific writings,
(10) Computer programs.

(b) "Author" means the person who creates a work mentioned in clause (a).

(c) "Audiovisual Work" means a cinematographic work that can be viewed on a screen, with or without sound.

(d) "Photographic Work" means a work prepared by recording light or other radiation on a surface through chemical, electrical or any other technology, in such a way that an image appears on that surface or can be produced from it.
Copyright Act, 2002

Provided, however, that a still photograph extracted from an audiovisual work shall not be deemed a photographic work but shall be considered a part of the relevant audiovisual work.

(e) "Sound Recording" means the recording of sound of any performance on any medium by any means for the purpose of hearing, excluding the simultaneous recording of sound and image.

(f) "Performance" means,-

(1) In the case of types of works other than audiovisual works, the act of presenting directly or through any other device or process by recitation, playing, dancing, acting or in any other manner,
(2) In the case of an audiovisual work, the act of sequentially showing the images incorporated in such work and simultaneously making the sounds incorporated therein audible,
(3) In the case of a sound recording, the act of presenting it in public, outside the circle of family, neighbors, friends and acquaintances, or even in the presence of such persons, in such a way that it can be heard publicly.

(g) "Economic Rights" means the rights conferred upon the copyright owner pursuant to section 7.

(j) "Copyright Owner" means the author, if the economic rights are vested in the author of a work; the person or entity in whom the economic rights are originally vested, if the economic rights are originally vested in a person or entity other than the author; and the person or entity to whom the ownership of the economic rights has been transferred, if the ownership of the economic rights has been transferred to any person or entity.

(jh) "Broadcast" means the display or communication of a work for public information, or the transmission of an audio or audiovisual work by means of wireless equipment or satellite.

(ny) "Public Communication" means the act of transmitting a presentation, sound recording or the sound or image or both of a broadcast, by means of wired or wireless equipment, from a location near or far from the place of broadcast, in such a way that it can be heard or viewed.

(t) "Moral Rights" means the rights conferred upon the author or his heir or a person authorized by him, pursuant to section 8.

(th) "Performer" means an actor, singer, musician, dancer and other person who presents literary or artistic works or folk art expressions to the public through the medium of acting, singing, music and dance.

(d) "Publication" means,-

(1) In the case of a dramatic, cinematographic or other performed work, having the work publicly exhibited, sold or rented out, with or without translation or adaptation thereof, and
(2) In the case of any other work, a work that has been brought for public sale, distribution or use, or issued for sale, distribution or use, with or without translation or adaptation thereof, and the term also denotes the public performance of a work capable of being performed through acting, with or without adaptation or translation thereof.

(dh) "Registrar" means the person appointed pursuant to subsection (1) of section 30.

(n) "Royalty Collection Society" means a society formed pursuant to section 39.

(t) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act.
Copyright Act, 2002

Chapter-2

Protection and Acquisition of Copyright

3. Protection of Copyright: (1) Every work shall be entitled to copyright protection.

(2) Translations, compilations, ordered arrangements, collections of works or writings, data or databases compiled in a machine-readable form with or without the aid of a device, and derivative works based on proverbs, folk tales, folk songs or any other folk expression under the genre of folk expressions, presented in an original manner from the perspective of presentation, collection or expression, shall be entitled to copyright protection as original works, provided that such protection does not adversely affect the copyright of the original work. 4. Works Not Eligible for Copyright Protection: Notwithstanding anything contained in section 3, no protection under this Act shall be available for ideas, religions, news, methods of operation, concepts, principles, court judgments, administrative decisions, folk songs, folk tales, proverbs and ordinary data, even if they are expressed, described or explained or incorporated in a work. 5. Registration Not Compulsory: (1) Registration of any work, sound recording, performance or broadcast shall not be compulsory for the acquisition of rights under this Act.

(2) Notwithstanding anything contained in subsection (1), any person wishing to voluntarily register any work, sound recording, performance or broadcast may apply to the Registrar and get it registered, and the procedure relating to registration shall be as prescribed. 6.
Copyright Act, 2002

6. Owner of Economic Rights in a Work: (1) The first owner of the economic rights in a work shall be the author.

(2) Notwithstanding anything contained in subsection (1), in the following circumstances, the economic rights in the work shall vest in the following person or entity:-

(a) In the case of a joint work, the co-authors,

Provided, however, that if such joint work is divided into parts and each part is identifiable as the work of a separate author and can be used separately, the economic rights in each part shall vest in the respective author.

(b) If a joint work is prepared under the direction or supervision of a person or entity, the person or entity under whose direction or supervision such work was prepared,

(c) If a person has commissioned the preparation of a work for remuneration, the person or entity providing such remuneration,

(d) In the case of an anonymous work, the publisher of such work until the author of the work is identified,

Provided, however, that if the actual author of such work subsequently reveals his/her identity, the economic rights in such work shall vest in that author from the date of such revelation.

(e) In the case of an audiovisual work, the producer of such work, unless otherwise stipulated in the contract,

Provided, however, that if the work of a co-author of the audiovisual work or a pre-existing work is incorporated or integrated into the production of the audiovisual work, their economic rights shall be according to their contribution. 7. Economic Rights: Subject to Chapter 4, only the author or the copyright owner shall have the right to do the following acts in relation to a work:-

(a) To reproduce the work,
(b) To translate the work,
(c) To adapt or modify the work,
(d) To make any other transformation of the work, including rearrangement,
(e) To sell, distribute or rent out the original and copies of the work to the public,
(f) To transfer or license the rights obtained in an audiovisual work, a work incorporating a sound recording, a computer program, a work in symbolic form based on data or in the form of a graph,
(g) To import copies of the work,
(h) To publicly display the original work or copies of the work,
(i) To perform the work,
(j) To broadcast the work,
(k) To publicly communicate the work. 8.