chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Contribution-based Social Security Act, 2017

17. Fund May Issue Order: (1) If any employer fails to register with the Fund within the prescribed period under this Act, or fails to register a worker appointed by him/her or with whom an employment relationship is established amended by the Act to Amend Some Nepal Acts, 2082.with the Fund, or fails to deposit the contributor's contribution amount within the time stipulated under Sub-section (4) of Section 4, the Executive Director may issue an order to such employer as follows:

(a) To immediately register with the Fund and cause the registration of the worker appointed by him/her or with whom an employment relationship is established,
(b) To deposit into the Fund the contribution payable under this Act from the date of the establishment of the employment relationship between such employer and the worker, along with the interest leviable pursuant to Section 9, or
(c) If it appears that the employment relationship between the employer and the worker has already ended, to provide the concerned worker, within a prescribed period, an amount equivalent to the benefit the worker should have received under this Act for the period the employment relationship existed.

(2) If the employer fails to provide the amount for social security to the worker pursuant to Clause (c) of Sub-section (1), the Fund shall recover such amount and provide it to the concerned worker. 18. Other Provisions Relating to Social Security Scheme: (1) Notwithstanding anything contained elsewhere in this Chapter, for the purpose of bringing the prescribed labour force not engaged in regular income generation into the social security scheme, the Government of Nepal may deposit the prescribed contribution into the Fund in the name of such labour force.

(2) Based on the contribution deposited by the Government of Nepal under Sub-section (1), such labour force shall participate in the prescribed social security scheme. Chapter-3

Provisions Relating to Registration in the Fund

19. Publication of Notice for Registration: (1) The Ministry shall, upon the recommendation of the Committee, publish a notice in the Nepal Gazette for employers operating industries, services, businesses, or transactions of the prescribed field and nature to register with the Fund within the period under Section 20.

(2) The employer shall, within the period specified in the notice published under Sub-section (1), submit an application to the Fund office in the prescribed format with the prescribed details for registration with the Fund.

(3) Upon receipt of the application with the prescribed details under Sub-section (2), the Fund shall register the concerned employer and provide a registration number to such employer in the prescribed format. 20.
Contribution-based Social Security Act, 2017

20. Registration of Worker to be Caused: (1) An employer who is required to be registered under this Act and who has an existing employment relationship at the time of the commencement of this Act shall, within six months from the date of commencement of this Act, and a registered employer after the commencement of this Act shall, within three months from the date of establishing such relationship, cause the person appointed by him/her or with whom an employment relationship is established to be registered with the Fund.

(2) If any employer has not registered any worker with the Fund within the period under Sub-section (1), the concerned worker may submit an application to the Fund.

(3) If, upon receiving an application under Sub-section (2) or from any other source, it appears that an employer to whom this Act applies has not caused the registration of a worker appointed by him/her or with whom an employment relationship is established, the Fund may set a deadline and order the concerned employer to cause the registration of such employer and worker.

(4) It shall be the duty of the concerned employer to comply with the order given by the Fund under Sub-section (3).

(5) The provisions relating to the registration of informal sector workers and self-employed persons shall be as prescribed.

(6) The Fund shall provide a social security number under Section 41 to a worker or self-employed person registered under this section. 21. Provision Relating to Registration of Person Serving in Government Service or Receiving Remuneration from Government Fund: Provisions relating to the registration of a person serving in government service or a person receiving remuneration from a government fund shall be as prescribed by the Government of Nepal. 22. Deemed Registration: (1) Upon the employer obtaining a registration number and the contributor obtaining a social security number under this Chapter, such employer and contributor shall be deemed to be registered with the Fund.

(2) Notwithstanding anything contained in Sub-section (1), in the case of a worker contributing to a social security fund under the prevailing law at the time of the commencement of this Act, and a person serving in government service or a person receiving remuneration from a government fund, they shall be deemed to be registered with the Fund from the date of deposit of the amount in that fund. 23.
Contribution-based Social Security Act, 2017

23. Records Relating to Registration: (1) Records relating to the registration of persons to be registered with the Fund under this Chapter shall be based on an integrated computer system.

(2) The personal and biometric information of individuals maintained in the record under Sub-section (1) shall not be used except for the purposes of the Fund.

(3) Notwithstanding anything contained in Sub-section (2), if such information is requested by an authorized officer for the purpose of assisting investigation or judicial proceedings under the prevailing law, it shall not be deemed an obstruction to provide the information from such records. 24. Information to be Given if not in Employment: If a contributor is not in employment for any reason, the registered employer shall inform the Fund accordingly within one month as prescribed. 25. Employer Registration Number Not to Remain Valid: (1) If a registered employer established under prevailing law is dissolved, goes into liquidation, or is wound up under prevailing law, the registration number obtained by such employer under Section 19 shall not remain valid.

(2) Provisions relating to the payment of liabilities of an employer whose registration number has not remained valid under Sub-section (1) shall be as prescribed. Chapter-4

Provisions Relating to Establishment and Operation of the Fund

26. Establishment of Fund: (1) A Social Security Fund is established to operate and manage social security. This Fund shall be in the form of a Revolving Fund.

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

(a) Amount received as contribution from contributors and employers for the purpose of the social security scheme,
(b) Ten percent amount from the basic remuneration of the worker each month as per prevailing labour law and the amount added from the provident fund by the employer,
(c) Amount payable by the employer to the worker as gratuity, pension, and other benefits under the prevailing labour law,
(d) Amount deposited and to be deposited in the national level welfare fund under the prevailing law relating to bonus,
(e) Amount collected so far and to be collected in the future under the social security tax,
(f) Grant received from the Government of Nepal,
(g) Grant, aid, or loan amount received from foreign governments and international organizations,
(h) Interest and profit amount received from investment of the Fund's money,
(i) Amount received as loan from the Government of Nepal, and
(j) Amount received from any other source.
Contribution-based Social Security Act, 2017

Omitted by the Act to Amend Some Nepal Acts, 2075.(3)

(4) Before receiving the amount under Clause (f) of Sub-section (2), the Fund shall obtain the approval of the Government of Nepal.

(5) The amount received in the Fund under Sub-section (2) shall be deposited by opening an account in a "A" class bank or financial institution licensed to conduct financial transactions under the prevailing law relating to banks and financial institutions, subject to this Act.

(6) The operation of the Fund's account under Sub-section (5) shall be under the joint signature of the Executive Director and the Head of Accounts. 27. Fund to be an Autonomous and Corporate Body: (1) The Fund shall be an autonomous and corporate body with perpetual succession.

(2) The Fund shall have a separate seal for its business.

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

(4) The Fund may file cases in its own name, and cases may also be filed against the Fund in the same name.

(5) The Fund may, like an individual, enter into contracts and exercise rights and discharge liabilities under contracts. 28. Office of the Fund: The central office of the Fund shall be located in Kathmandu Valley, and the Fund may open its branch offices in any place within Nepal as required. 29. Committee: (1) For the operation, supervision, and management of the work to be performed on behalf of the Fund, a Board of Directors shall be constituted as follows:-

Amended by the Act to Amend Some Nepal Acts, 2082.(a) Secretary, Ministry of Labour, Employment and Social Security - Chairperson
(b) Deputy Governor, Nepal Rastra Bank (overseeing the Regulation Department) - Member
(c) Joint Secretary, Ministry of Finance (overseeing Budget and Programme) - Member
(d) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member
(e) Joint Secretary, National Planning Commission (overseeing Social Sector) - Member
Amended by the Act to Amend Some Nepal Acts, 2082.(f) Joint Secretary, Ministry of Land Management, Cooperatives and Poverty Alleviation - Member
(g) Three persons, including at least one woman, nominated by the Ministry as prescribed from among the Trade Union Federations - Member
(h) Three persons, including at least one woman, nominated by the Ministry as prescribed from among the Employers - Member
(i) Executive Director - Member-Secretary

(2) The term of office of members under Clauses (g) and (h) of Sub-section (1) shall be four years.

(3) Notwithstanding anything contained in Sub-section (2), if the performance of a member under Clause (g) or (h) of Sub-section (1) is not satisfactory, the Ministry may remove him/her from the post.
Contribution-based Social Security Act, 2017

Before such removal, he/she shall be given an opportunity for a hearing.

(4) If the office of a member of the Committee falls vacant for any reason, the vacancy shall be filled for the remaining term by the same process by which the post was filled. 30. Meeting and Decision of the Committee: (1) The meeting of the Committee shall be held at least once every six months, and may be held as many times as necessary.

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

(3) The Member-Secretary of the Committee shall provide information to the members of the Committee about the date, time, and place of the meeting, along with the agenda for discussion, at least twenty-four hours before the meeting.

(4) Notwithstanding anything contained in Sub-section (3), if it is urgently necessary to call a meeting of the Committee for special reasons, the meeting may be called with a shorter notice.

(5) If more than fifty percent of the members of the Committee are present, the quorum shall be deemed to have been met for the meeting.

(6) The decision of the majority in a meeting of the Committee shall be deemed to be the decision of the Committee. In case of a tie, the person chairing the meeting shall have the casting vote. Provided that, if it is necessary to determine the contribution rate on contributory income such that it is more than twenty percent from the employer's side and more than eleven percent from the worker's side, such decision shall be made at a meeting where members under Clauses (g) and (h) of Sub-section (1) of Section 29 are present.

(7) The Committee may invite any expert or specialist to its meeting as required. An invited person to a meeting of the Committee shall not have the right to vote.

(8) The decision of the meeting of the Committee shall be certified by the Member-Secretary.

(9) Other procedures relating to meetings of the Committee shall be as prescribed. 31.
Contribution-based Social Security Act, 2017

An invited person to a meeting of the Committee shall not have the right to vote.

(8) The decision of the meeting of the Committee shall be certified by the Member-Secretary.

(9) Other procedures relating to meetings of the Committee shall be as prescribed. 31. Duties, Functions and Powers of the Committee: (1) In addition to the duties, functions, and powers mentioned elsewhere in this Act, the other duties, functions, and powers of the Committee shall be as follows:

(a) Formulate policies relating to the social security scheme,
(b) Provide advice to the Government of Nepal on matters relating to social security,
(c) Approve the social security scheme, budget, and programmes and operate and manage the Fund,
(d) Formulate investment policy and submit it to the Government of Nepal for approval,
(e) Arrange for necessary funds for the proper operation and management of various social security schemes,
(f) Coordinate and monitor the work performed by the Executive Director,
(g) Keep the records of personal details of all persons, including workers registered with the Fund, self-employed persons, persons serving in government service, or persons receiving remuneration from a government fund, updated,
(h) Audit or cause the audit of the Fund regularly and evaluate the overall economic and financial status of the Fund,
(i) Carry out necessary work relating to operating the social security scheme,
(j) Operate programmes to provide quick employment to the labour force receiving unemployment benefits,
(k) Identify additional areas of employment in the domestic labour market and operate programmes to bring the labour force into employment on a wide scale,
(l) Cause the distribution of identity cards to contributors,
(m) Follow directions given by the Government of Nepal from time to time,
(n) Perform other functions as prescribed.

(2) The Committee may delegate some of the powers conferred upon it to the Chairperson, a member, a sub-committee constituted under Section 38, or the Executive Director or any officer or employee of the Fund. 32.
Contribution-based Social Security Act, 2017

32. Investment of Fund's Money: (1) Subject to the procedure relating to investment approved by the Government of Nepal, the Committee may mobilize the surplus and property of the Fund in any or all of the following sectors:

(a) Invest in Government of Nepal bonds and purchase or sell such bonds,
(b) Invest in fixed deposit accounts or long-term deposit schemes of "A" class banks or financial institutions licensed to conduct financial transactions under the prevailing law relating to banks and financial institutions,
(c) Invest in shares of banks, financial institutions, and other limited liability companies,
(d) Provide loans jointly on the basis of co-financing with banks or financial institutions established under prevailing law, in sectors deemed suitable by the Committee, by doing pass-through based on an agreement between them,
(e) Invest in debentures issued by companies or corporate bodies established under prevailing law deemed suitable by the Committee,
(f) Invest in approved mutual funds,
(g) Identify suitable locations, construct buildings for commercial purposes, and rent them out,
(h) Provide loans to companies or corporate bodies established under prevailing law, with terms and interest set, against the guarantee of banks or financial institutions established under prevailing law,
(i) Invest in sectors deemed suitable by the Committee, taking adequate collateral or guarantee,
(j) If the Fund obtains any property in the recovery of Fund loans, manage such property by the Fund itself or in collaboration with other institutions,
(k) Provide loans as prescribed to workers, self-employed persons, persons serving in government service, or persons receiving remuneration from a government fund who have participated in the social security scheme,
(l) Perform other functions relating to investment of the Fund's money.

(2) Investment in shares under Clause (c) of Sub-section (1) shall not exceed fifteen percent of the paid-up capital of such bank or financial institution, and investment in debentures under Clause (e) shall not exceed ten percent of the total debentures issued by such company or corporate body.

(3) When investing the Fund's money in any sector under Sub-section (1), the investment shall not exceed twenty percent of the money available in the Fund. 33. Accounts of the Fund: (1) The accounts of the Fund shall be maintained in accordance with the prevailing law.

(2) The accounts of the Fund to be maintained under Sub-section (1) may also be maintained in electronic form. Added by the Act to Amend Some Nepal Acts, 2072.33A.
Contribution-based Social Security Act, 2017

33. Accounts of the Fund: (1) The accounts of the Fund shall be maintained in accordance with the prevailing law.

(2) The accounts of the Fund to be maintained under Sub-section (1) may also be maintained in electronic form. Added by the Act to Amend Some Nepal Acts, 2072.33A. Expenditure of the Fund: (1) All expenditures incurred on behalf of the Fund shall be borne by the Fund under Section 26.

(2) Notwithstanding anything contained in Sub-section (1), administrative expenditure may be incurred not exceeding ten percent of the total annual income received from the Fund's investment, and such amount shall be spent subject to the approved budget and programme of the Fund. 34. Audit of the Fund: The audit of the accounts and registers of the Fund shall be conducted by the Auditor General or an auditor appointed by him/her. 35. Internal Control System to be Maintained: (1) The Fund shall maintain an internal control system as prescribed by making adequate arrangements for its organizational structure, human resource management, financial transparency, and information system.

(2) For the purpose of Sub-section (1), an auditor shall be appointed from among the auditors who are members of the Institute of Chartered Accountants of Nepal established under prevailing law to conduct the internal audit of the Fund.

(3) When appointing an auditor under Sub-section (2), the same person shall not be appointed as auditor for more than three consecutive terms.

(4) The remuneration, terms of service, and other facilities of the auditor appointed under this section shall be as prescribed. 36.
Contribution-based Social Security Act, 2017

36. Actuarial Valuation to be Conducted: (1) The Committee shall, every three years, cause an actuarial valuation to be conducted by an actuary regarding the economic condition, assets, liabilities, and financial position of the Fund.

(2) Notwithstanding anything contained in Sub-section (1), if the Committee deems it necessary to conduct a valuation of the Fund before that period, it may cause an assessment to be conducted by an actuary regarding the economic condition, assets, liabilities, and financial position of the Fund.

(3) After the actuary has valued the Fund, he/she shall submit an actuarial report to the Executive Director stating the following matters concerning the Fund:

(a) The basis adopted for the valuation,
(b) Aspects and subjects given special attention during valuation,
(c) Total assets and liabilities of the Fund,
(d) Financial condition of the Fund,
(e) Liquidity of funds available in the Fund,
(f) Steps to be taken to keep the financial condition of the Fund sound and healthy,
(g) Rate of contribution, amount of benefit, and other relevant subjects for the security scheme in the context of providing social security, and
(h) Other matters as prescribed.

(4) The actuarial valuation report shall be submitted by the Executive Director to the Committee.

(5) Appointment, qualifications, service facilities of the actuary, and other provisions relating to actuarial valuation shall be as prescribed. 37. Responsibility for Conducting Audit and Actuarial Valuation: (1) The responsibility for causing regular audit and actuarial valuation of the Fund shall rest with the Executive Director.

(2) It shall be the duty of all concerned to assist in the work of conducting or causing the audit and actuarial valuation of the Fund. 38. May Form Sub-Committee: (1) The Committee may, as necessary, form a sub-committee including experts from the relevant field for matters including investment, social security management, audit, to assist in the work to be performed under this Act.

(2) The duties, functions, powers, and procedures of the sub-committee formed under Sub-section (1), as well as the facilities to be received by the members of such sub-committee, shall be as specified by the Committee at the time of forming such sub-committee. Chapter-5

Identification, Record and Identity Card of Person

39. Identification of Person Entitled to Social Security: (1) To identify persons eligible for social security under this Act, the Fund shall develop an information technology-based system.

(2) A person receiving any benefit under social security at the time of commencement of this Act shall be integrated by the Fund into the information technology-based system under Sub-section (1) within the prescribed period. 40.
Contribution-based Social Security Act, 2017

40. Record and Registration of Contributor Entitled to Social Security: (1) A contributor receiving social security shall be integrated into the record system as prescribed by the Committee.

(2) For the purpose of Sub-section (1), the Committee may obtain information and personal details from all types of record systems available in Nepal. Explanation: For the purpose of this section, "all types of record systems available in Nepal" means the personal event registration records of the Local Level, the photo and other biometric information details stored in the voter list prepared by the Election Commission, the details prepared for the national identity card, the details prepared for the poor household identification card, the records of personal details of contributors maintained in the Employees Provident Fund, Citizen Investment Trust, civil, teacher, police, armed police, and military pension offices, private schools, public enterprises, and industries, companies, institutions, associations, firms, or establishments established under prevailing law.

(3) Notwithstanding anything contained in the prevailing law, the Fund shall have access to the records of personal details in all types of record systems available in Nepal for the process of recording and registering individuals with the Fund. 41. Determination of Social Security Number: (1) The Committee shall determine a social security number of prescribed digits for each contributor joining the social security scheme.

(2) The Committee shall provide free of charge an identity card containing the social security number under Sub-section (1) to a contributor registered with the Fund.

(3) The format of the identity card under Sub-section (2) shall be as prescribed.

(4) Social security received by a contributor under this Act shall be received based on the identity card containing the social security number under Sub-section (2).

(5) Records of information, including social security, income, and employment of the contributor, required by the Fund shall be maintained based on the social security number under Sub-section (1). Chapter-6

Provisions Relating to Executive Director and Employees

42. Executive Director: (1) There shall be one Executive Director to act as the administrative chief of the Fund.
Contribution-based Social Security Act, 2017

Chapter-6

Provisions Relating to Executive Director and Employees

42. Executive Director: (1) There shall be one Executive Director to act as the administrative chief of the Fund. The Executive Director shall be responsible to the Committee for his/her work.

(2) The Committee shall form a selection sub-committee consisting of three members of the Committee for the purpose of recommending the appointment of the Executive Director.

(3) The selection sub-committee formed under Sub-section (2) shall, by open competition, select a maximum of three persons, where possible, from among persons holding at least a Master's Degree in Economics, Management, Labour, Commerce, or Law and having at least fifteen years of work experience at the officer level in government or non-government organizations, associations, or companies or corporate bodies established under prevailing law, and submit them to the Committee for appointment.

(4) From among the persons selected under Sub-section (3), the Committee shall evaluate qualifications, experience, leadership ability, and the work plan for Fund management and operation submitted by him/her, and appoint the most suitable candidate to the post of Executive Director.

(5) Notwithstanding anything contained elsewhere in this section, until the appointment of the Executive Director, the Ministry may designate or depute any first class gazetted officer of the Government of Nepal to work in the post of Executive Director.

(6) The term of office of the Executive Director appointed under Sub-section (4) shall be four years, and he/she may be reappointed for

(3) The annual report submitted pursuant to sub-section (1) shall be made public by the Ministry. 56. Recovery as Government Dues: Any amount to be recovered by the Fund pursuant to this Act may be recovered as government dues. 57. Social Security to be Voluntary: If any person does not wish to receive any facility under social security pursuant to this Act, or wishes to forfeit a facility already received, he or she may voluntarily choose not to receive or may forfeit such facility. 58.
Contribution-based Social Security Act, 2017

57. Social Security to be Voluntary: If any person does not wish to receive any facility under social security pursuant to this Act, or wishes to forfeit a facility already received, he or she may voluntarily choose not to receive or may forfeit such facility. 58. Unclaimed Amount to be Deposited in the Fund: (1) If any amount that the employer is required to provide to a contributor pursuant to prevailing law, or any amount payable pursuant to a court order, is not claimed by the concerned contributor, or by the person he or she has designated, or by his or her dependent family members, even after five years, the concerned employer or institution or body shall deposit such amount into the Fund within one month.

(2) The amount received pursuant to sub-section (1) shall be deposited by the Fund by opening a separate account in a “Class A” bank or financial institution licensed to conduct financial transactions pursuant to the prevailing law relating to banks and financial institutions.

(3) The use of the amount deposited pursuant to sub-section (1) shall be as prescribed. 59. May Seek Assistance: (1) While performing functions pursuant to this Act, the Fund may, as necessary, seek required assistance from professional and occupational organizations related to employers or workers, the local administration, and the concerned body and officials.

(2) If assistance is requested pursuant to sub-section (1), it shall be the duty of the concerned body and officials to provide the necessary assistance. 60. Publication of Financial Statements: (1) The Executive Director shall prepare the financial statements of the Fund every six months and submit them to the Committee.

(2) The Committee shall publish the annual financial statements of the Fund within six months from the date of the end of each fiscal year. 61. May Arrange Insurance or Reinsurance: If the Fund has assumed any liability under any social security program it operates, the Fund may arrange insurance or reinsurance to cover the risk of such liability. 62. Liability of the Government of Nepal: If, for any reason, the amount available in the Fund is insufficient to provide the facility under the social security scheme to the contributors participating in the social security scheme, the Government of Nepal shall have the liability to continue the social security scheme. 63. Dissolution of the Fund: (1) The Government of Nepal may dissolve the Fund upon the recommendation of the Committee.

(2) If the Fund is dissolved pursuant to sub-section (1), the liabilities and assets of the Fund shall devolve to the Government of Nepal. 64.
Contribution-based Social Security Act, 2017

63. Dissolution of the Fund: (1) The Government of Nepal may dissolve the Fund upon the recommendation of the Committee.

(2) If the Fund is dissolved pursuant to sub-section (1), the liabilities and assets of the Fund shall devolve to the Government of Nepal. 64. Collective Bargaining Not Affected: The provisions set forth in this Act or in the rules framed under this Act shall not be affected by any provision or agreement relating to collective bargaining. 65. Government of Nepal May Issue Directions: (1) The Government of Nepal may, as necessary, issue directions to the Fund.

(2) It shall be the duty of the Fund to comply with the directions given pursuant to sub-section (1). 66. Communication with Government of Nepal: When communicating with the Government of Nepal, the Fund shall do so through the Ministry. 67. Security, Exemptions and Facilities of the Fund: The Fund under this Act and its contributors shall have the same security, exemptions and facilities as are provided to the fund under the Employees' Provident Fund Act, 2019 (1962) and to the employees depositing amounts therein. 68. To be Governed by this Act: Matters provided for in this Act shall be in accordance with this Act, and other matters shall be in accordance with the prevailing laws of Nepal. 69. Power to Frame Rules: The Government of Nepal may frame necessary rules for the implementation of this Act. 70. Power to Frame Regulations, Directives and Procedures: (1) For the conduct of financial and administrative work, the Fund may frame regulations relating to financial and personnel administration.

(2) Subject to this Act or the rules or regulations framed under this Act, the Fund may frame directives and procedures as necessary.

(3) Regulations framed pursuant to sub-section (1) or directives and procedures framed pursuant to sub-section (2) shall come into effect after approval by the Ministry.
Nepal Medical Council Act, 1964

NEPAL MEDICAL COUNCIL ACT, 2020 (1963)

Royal Seal and Publication Date
2020.1.16

Amending Acts

1. Nepal Medical Council (First Amendment) Act, 2044 (1987) 2044.06.09
2. Nepal Medical Council (Second Amendment) Act, 2047 (1990) 2047.06.27
3. Nepal Medical Council (Third Amendment) Act, 2056 (1999) 2056.01.02
4. Act Relating to Amend Some Nepal Health Related Acts, 2058 (2001) 2058.05.06

Ratification and Publication Date

5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.07
6. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
7. Act Relating to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074 (2017) 2074.06.30
8. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14

Act No. 35 of the Year 2020 (1963)



An Act Made to Establish and Manage the Nepal Medical Council

Preamble: Whereas, to regulate the qualifications of medical practitioners in Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and to arrange for the registration of medical practitioners qualified in modern medicine for the scientific use of modern medicine, it is expedient to do so;

Therefore, His Majesty King Mahendra Bir Bikram Shah Deva has, with the advice and consent of the National Panchayat, enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Nepal Medical Council Act, 2020."

(2) This Act shall be applicable throughout Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(3) Section 1 of this Act shall come into force immediately, and the other sections shall come into force in the areas specified, from the date fixed by the Government of Nepal by notification published in the Nepal Gazette, from time to time. 2. Definitions: In this Act, unless the subject or context otherwise requires, -

(a) "Council" means the Nepal Medical Council established pursuant to Section 3. Added by the First Amendment. (a1) "Chairperson" means the Chairperson of the Council. Amended by the Third Amendment. (a2) "Member" means a member of the Council, and the term also refers to the Chairperson and Vice-Chairperson. Amended by the Third Amendment. (b) "Hospital" means a body providing health services for the treatment, prevention, diagnosis and rehabilitation of diseases, operated in an organized manner by the Government of Nepal or by non-governmental level, and the term also includes a recognized institution established with the objective of providing and facilitating study, teaching and training at minimum the bachelor's level in medical science.

(c) "Modern Medicine" means medicine of the Allopathic system. Amended by the Third Amendment. (d) "Medical Practitioner" means a person who has obtained a post-graduate degree in medical science under the modern medical system from a recognized teaching institution and is engaged in the relevant profession.
Nepal Medical Council Act, 1964

Amended by the Third Amendment. (d) "Medical Practitioner" means a person who has obtained a post-graduate degree in medical science under the modern medical system from a recognized teaching institution and is engaged in the relevant profession. Added by the Third Amendment. (d1) "Specialist Medical Practitioner" means a medical practitioner who has obtained a post-graduate degree, diploma from a recognized teaching institution in the relevant subject, and has obtained specialist training as prescribed, and is engaged in the relevant profession. Added by the Third Amendment. (d2) "Medical College" means a teaching institution established with the objective of providing or facilitating undergraduate or postgraduate studies or post-graduate training fully in modern medical science, and the term also includes medical institutions and dental colleges established for that purpose. Amended by the First Amendment. (e) "Register Book" means the register book established for registering the names of medical practitioners under this Act.

(f) "Registered Medical Practitioner" means a medical practitioner whose name is registered in the Register Book. Added by the Third Amendment. (f1) "Recognized" means recognized pursuant to this Act.

(g) "Registrar" means the Registrar of the Council appointed pursuant to Section 12.

(h) "Rules" means rules made under this Act.

(i) "Regulations" means regulations made by the Council under this Act. Added by the First Amendment. (j) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules or regulations made under this Act. 3. Establishment of the Council: (1) A Council named "Nepal Medical Council" shall be established.

(2) The Council shall be a self-governing and organized body corporate with perpetual succession. It shall have its own separate seal for all its works.

(3) The Council may acquire, hold, transfer, contract, and do or cause to do all other acts necessary for the fulfillment of the objectives of this Act.

(4) The Council may sue and be sued in its own name. 4.
Nepal Medical Council Act, 1964

4. Constitution of the Council: The Council established pursuant to Section 3 shall consist of the following members:-

(a) A medical practitioner with at least twenty years of experience as a registered medical practitioner and having at least a post-graduate degree in a medical subject, nominated by the Government of Nepal – Chairperson.

(b) One medical practitioner sent by election as prescribed, from among registered medical practitioners who have gained at least fifteen years of experience as registered medical practitioners – Vice-Chairperson.

(c) Chairperson, Nepal Medical Association – Member.

(d) One person nominated by the Government of Nepal from among the Deans or Academic Heads of a University or Health Science Academy offering studies in modern medical science – Member.

(e) One person nominated by the Government of Nepal from among consumers – Member.

(f) Eight medical practitioners elected as prescribed from among registered medical practitioners – Member.

(g) Chairperson, Nepal Dental Association – Member.

(h) Three medical practitioners nominated by the Government of Nepal from among medical practitioners who have obtained at least a post-graduate degree in a medical subject, excluding dental practitioners – Member.

(i) Two dental practitioners nominated by the Government of Nepal from among dental practitioners who have obtained at least a post-graduate degree – Member. 5. Term of Office of Members: (1) The term of office of nominated or elected members of the Council shall be four years. After the expiry of the term, they may be re-nominated or re-elected. Added by the Third Amendment. Provided, however, that the Government of Nepal may remove a member nominated by it from the membership by citing a reasonable cause.

(2) If the office of any member falls vacant before the expiry of the term, another member shall be nominated or elected for the remaining period. 6. Disqualification for Membership: The following persons shall be deemed disqualified for being nominated or elected as a member of the Council or for continuing as a member:-

(a) Non-Nepali citizen,

(b) Whose name has been removed from the Register Book,

(c) Who has been convicted by a court for a criminal offense involving moral turpitude,

(d) Who has not completed five years from the date of obtaining an M.B.B.S. or equivalent Added by the Third Amendment. or B.D.S. or equivalent degree. Provided that the disqualification specified in this clause shall apply only to a member to be elected pursuant to clause (c) of sub-section (1) of Section 4 Amended by the Third Amendment. 7.
Nepal Medical Council Act, 1964

Provided that the disqualification specified in this clause shall apply only to a member to be elected pursuant to clause (c) of sub-section (1) of Section 4 Amended by the Third Amendment. 7. Circumstances for Termination of Membership: Membership of the Council shall be deemed terminated in the following circumstances:-

(a) Upon death,

(b) Upon becoming disqualified to remain a member pursuant to Section 6,

(c) Upon acceptance of resignation tendered from the office of member,

(d) Upon being absent from more than three consecutive meetings of the Council without giving notice with cause to the Council. Provided, however, that the Council may permit any member to remain absent from meetings of the Council for up to six months. Added by the Third Amendment.7A. Functions, Duties and Powers of the Council: (1) The functions, duties and powers of the Council shall be as follows:-

(a) To grant recognition as prescribed to Medical Colleges that provide or facilitate study, teaching and training in medical science.

(b) To evaluate and review the curriculum, admission conditions, examination system-related policies as prescribed, and other necessary infrastructure and standards of Medical Colleges providing or facilitating study, teaching and training in medical science; and if found not in accordance therewith, to recommend for cancellation of registration and approval.

(c) To determine policies necessary for the smooth operation of the medical profession.

(d) To determine the qualifications of medical practitioners and, after conducting a prescribed Licensing Examination for medical practitioners meeting the qualifications, to issue a registration certificate.

(e) To prepare a code of conduct for medical practitioners as prescribed and, after taking action as prescribed against doctors violating such code of conduct, to remove their names from the Register Book.

(2) The Government of Nepal shall, prior to granting approval for the establishment and operation of any Medical College in Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. seek consultation with the Council, and the Council shall, upon inquiring whether such Medical College meets the standards and infrastructure pursuant to clause (b) of sub-section (1), provide consultation regarding the approval for establishment and operation of the Medical College only if found to have fulfilled them; and the Government of Nepal shall grant approval for establishment and operation of the Medical College on the basis of such consultation of the Council. Added by the Third Amendment.7B. Meetings and Decisions of the Council: The procedure for meetings and decisions of the Council shall be as prescribed. 8. Publication in the Gazette: The name of every member nominated or Amended by the Third Amendment. elected or removed from the Council shall be published in the Nepal Gazette. 9.
Nepal Medical Council Act, 1964

Meetings and Decisions of the Council: The procedure for meetings and decisions of the Council shall be as prescribed. 8. Publication in the Gazette: The name of every member nominated or Amended by the Third Amendment. elected or removed from the Council shall be published in the Nepal Gazette. 9. Acts or Proceedings Not Invalid: If the place of any member in the Council remains vacant, or an ineligible person is nominated, continues, or is chosen, and proceedings are conducted, the acts or proceedings of the Council shall not be deemed invalid solely on that ground. Amended by the Third Amendment.10. Meeting Allowance and Other Facilities: The meeting allowance and other facilities of members shall be as prescribed by the Council with the prior approval of the Government of Nepal. Amended by the Third Amendment.11. Power to Form Committee: (1) The Council may form various subject committees to exercise the powers vested in it under this Act or the rules or regulations made under this Act.

(2) The functions, duties and powers of the committee formed pursuant to sub-section (1) shall be as prescribed by the Council. 12. Amended by the Third Amendment. Registrar and Employees: (1) The Government of Nepal may appoint or nominate a person to carry out the functions of the Registrar as prescribed under this Act and the rules made thereunder, and may depute any other person to carry out all the functions required to be performed by him in his absence.

(2) The Registrar appointed pursuant to sub-section (1), or the person deputed in his absence, shall act as the secretary to the Council and any committee formed pursuant to Section 11 as well, and such person shall have the right to participate in the discussions of the committee or Council meeting but shall have no right to vote.

(3) If the Registrar appointed under sub-section (1) is to be dismissed, suspended or otherwise punished, it shall be done in accordance with the rules made under this Act.

(4) The Council may, with the approval of the Government of Nepal, appoint as many officers and employees as necessary.

(5) All officers and employees appointed under sub-section (4) shall be under the control and supervision of the Registrar. 13.
Nepal Medical Council Act, 1964

13. Functions and Duties of Registrar: (1) It shall be the duty of the Registrar to maintain the Register Book correctly according to this Act, the rules and the general and special orders of the Council; to register the name, address and qualification of medical practitioners whose names are to be registered from time to time; to remove the names of medical practitioners who have died or whose names are to be removed from membership; and to carry out all other acts required to be performed by him under this Act and the rules.

(2) If any Amended by the First Amendment. registered medical practitioner abandons his profession or changes his address, he shall give notice to the Registrar within one month. If the Registrar suspects that a medical practitioner has changed his address or abandoned his profession, the Registrar shall send a letter to the address registered in the Register Book Omitted by the Third Amendment. If such letter is returned, or if no reply is received within 3 months after the letter reaches, the Registrar shall give notice of the name of such medical practitioner through a major newspaper, and if no information is received within another 3 months, the Registrar may remove his name from Amended by the Third Amendment. the Register Book. Provided, however, that if any person whose name has been removed under this sub-section applies to the Registrar requesting to regain registration of the name removed from the Register Book by showing that he could not reply in time due to not receiving the letter sent by the Registrar in time, or due to circumstances beyond his control, or any other reasonable cause, or that he is about to resume that profession, the Registrar may re-register the name of such medical practitioner in the Register Book; and upon such re-registration, the fee prescribed in the rules shall be charged.

(3) The Register Book maintained under this Act shall be deemed to be a government document Added by the First Amendment. Amended by the Third Amendment.14.
Nepal Medical Council Act, 1964

Amended by the Third Amendment.14. Registration of Name in Register Book: (1) Subject to this Act and the rules made thereunder, a person who has obtained qualifications as mentioned in the Schedule shall submit an application to the Council in the prescribed format, paying the prescribed fee, for the registration of his name in the Register Book.

(2) Upon inquiry into the application made pursuant to sub-section (1), if found in order, the Council shall register the name of such person temporarily in the Register Book for a period of two years and issue a certificate thereof.

(3) Among persons whose names are registered temporarily in the Register Book pursuant to sub-section (2), those in the service of the Government of Nepal and those who have gone to study on scholarships received from the Government of Nepal shall be required to practice the medical profession for the period specified by the Ministry of Health.

(4) After a person other than those mentioned in sub-section (3) has practiced the medical profession for two years, the Council shall register his name permanently in the Register Book and issue a certificate thereof.

(5) Upon the recommendation of the Ministry of Health, the Council shall permanently register the name of a person who has completed the period specified under sub-section (3) in the Register Book and issue a certificate thereof.

(6) If the Ministry of Health, upon the recommendation of the Council determining that a person other than those qualified as mentioned in the Schedule has also obtained minimum qualification in the modern medical system, directs the Council to register the name of such person in the Register Book under this Section, the Council shall register the name of such person in the Register Book and issue a certificate thereof.

(7) The provisions relating to the registration of the name of a foreign national in the Council shall be as prescribed. 15.