chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Amended by Some Nepal Acts Amendment Act, 2072.(c) "Functionary" means the Commissioner of the Commission for the Investigation of Abuse of Authority, the Member of the Public Service Commission, the Election Commissioner of the Election Commission, the Member of the National Human Rights Commission, the Member of the National Natural Resources and Finance Commission, the Member of the National Women Commission, the Member of the National Dalit Commission, the Member of the National Inclusion Commission, the Member of the Indigenous Nationalities Commission, the Member of the Madhesi Commission, the Member of the Tharu Commission, and the Member of the Muslim Commission, appointed pursuant to the Constitution of Nepal.

(d) "Prescribed" or "as prescribed" shall be understood as prescribed or as per prescription in an order issued by the Government of Nepal by publishing a notice in the Nepal Gazette. Chapter-2
Remuneration and Other Facilities

3. Remuneration: (1) The Chief Functionary shall be paid remuneration of six thousand seven hundred rupees per month and the Functionary shall be paid remuneration of five thousand nine hundred rupees per month.

(2) Amended by Some Nepal Laws Amendment Act, 2063.The Government of Nepal may increase the monthly remuneration and other facilities of the functionaries of constitutional bodies. While increasing remuneration and other facilities in this manner, the Government of Nepal shall publish a notice in the Nepal Gazette.

(3) If the term of office of a functionary of a constitutional body expires, or if the resignation submitted by him/her is accepted, or if he/she dies, or if he/she vacates the office for any other reason, he/she shall be paid an additional one month's remuneration in addition to the remuneration payable for the days he/she held the office.

(4) The remuneration or additional remuneration payable under Sub-section (3) to a functionary of a constitutional body shall, depending on the circumstances, be paid to him/her or to the person he/she desires. If he/she dies and has not desired any person, or the desired person is not alive, such amount of remuneration shall be paid to his/her nearest heir. 4. Housing Facility: (1) For the purpose of residence, a government house shall be arranged for the functionary of a constitutional body by the Government of Nepal.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

4. Housing Facility: (1) For the purpose of residence, a government house shall be arranged for the functionary of a constitutional body by the Government of Nepal. If the arrangement of a government house is not made, or if he/she has no suitable house of his/her own in the Kathmandu Valley and has to rent a house, the functionary of the constitutional body shall be paid an amount as prescribed by the Government of Nepal per month for house rent.

(2) The repair and maintenance of the government house arranged pursuant to Sub-section (1) shall be carried out by the Government of Nepal.

(3) A functionary of a constitutional body residing in a private house shall be paid one thousand five hundred rupees per month for house repair and maintenance.

(4) The facility pursuant to this Section shall be provided to the functionary of a constitutional body for seven days from the date of expiry of his/her term of office. 5. Electricity, Water and Telephone Facility: (1) The connection cost and the amount required for the deposit for one telephone line installed at the residence of the Chief Functionary shall be borne by the Government of Nepal. The Government of Nepal shall bear a total of one thousand two hundred rupees per month for electricity, water, and telephone charges payable for the connection installed at his/her residence.

(2) The connection cost and the amount required for the deposit for one telephone line installed at the residence of the Functionary shall be borne by the Government of Nepal.

(3) The Functionary shall be paid seven hundred rupees per month for electricity, water, and telephone charges. 6.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

6. Vehicle and Fuel Facility: (1) For the purpose of transportation, the Chief Functionary shall be provided with one motor vehicle with a driver, one hundred fifty liters of petrol per month, and five liters of lubricating oil quarterly.

(2) For the purpose of transportation, each Functionary shall be provided with one motor vehicle with a driver, one hundred liters of petrol per month, and five liters of lubricating oil quarterly.

(3) A functionary of a constitutional body using his/her own private motor vehicle shall be provided with an amount equivalent to the initial level of salary of a light vehicle driver of the Government of Nepal for the driver, and petrol and lubricating oil as mentioned in Sub-section (1) or (2) which he/she is entitled to receive.

(4) The repair, maintenance and grease arrangement for the motor vehicle provided pursuant to Sub-section (1) or (2) shall be as arranged by the Government of Nepal.

(5) The functionary of a constitutional body shall not be required to submit bills or vouchers for petrol and lubricating oil.

(6) The facility pursuant to this Section shall be provided to the functionary of a constitutional body for seven days from the date of expiry of his/her term. Chapter-3

Daily and Travel Allowance

7. Daily and Travel Allowance: (1) While traveling within NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in the course of official duties related to his/her office, a functionary of a constitutional body shall be paid daily and travel allowance as follows:-

(a) Daily Allowance: One hundred sixty-five rupees per day for the Chief Functionary and one hundred forty rupees per day for the Functionary.

(b) Travel Allowance: (1) When traveling on foot, twenty-five rupees per kos for the Chief Functionary and fifteen rupees per kos for the Functionary.

(2) The fare payable per person when traveling by bus.

(3) When traveling by train, the cost of an air-conditioned ticket where air conditioning is available, or a first-class ticket where it is not, per person for the Chief Functionary, and the cost of a first-class ticket per person for the Functionary.

(4) The ticket cost per person when traveling by airplane.

(5) The fare payable per person when traveling by other means of transport.

(2) While traveling outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for official work or to participate in any ceremony, festival, conference, etc. on behalf of the Government of Nepal, a functionary of a constitutional body shall be paid daily and travel allowance as follows:-

(a) Daily Allowance: (1) One hundred US dollars for all Asian countries except Japan, South Korea and the Philippines.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Provided that, in the case of India, a daily allowance shall be paid in Indian currency equivalent to such convertible foreign currency.

(2) One hundred twenty-five US dollars for Japan, South Korea, the Philippines and all remaining countries.

(b) Travel Allowance: (1) When traveling by motor vehicle, the motor vehicle fare as per the bill payable per person.

(2) When traveling by train, the cost of an air-conditioned ticket where air conditioning is available, or a first-class ticket where it is not, per person for the Chief Functionary, and the cost of a first-class ticket per person for the Functionary.

(3) When traveling by airplane, the cost of a business class ticket per person for the Chief Functionary, and the cost of an economy class ticket per person for the Functionary.

(4) When traveling by waterway, the cost as per the bill payable per person.

(5) If a functionary of a constitutional body goes on an official visit outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. as a guest of a foreign state, he/she shall receive daily allowance only at half the rate of the daily allowance payable pursuant to Clause (a) of Sub-section (2) for the duration of the stay in that state. 8. Other Provisions Relating to Travel: (1) A functionary of a constitutional body shall receive half of the daily allowance for the day of return from travel, and such allowance shall be half of the minimum daily allowance payable for the place where he/she stayed on the day immediately preceding the day of return.

(2) For the payment of travel allowance, the functionary of a constitutional body shall, within thirty-five days from the date of return from travel, fill in a travel bill and provide necessary evidence such as distance proof, logbook, receipts, etc. 9. Insurance Facility and Air Departure Tax: While traveling inside or outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in the course of official work, a functionary of a constitutional body shall be paid insurance expenses for three hundred thousand rupees and the amount payable as air departure tax. 10. Repealed by Some Nepal Laws Amendment Act, 2063. 11.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

10. Repealed by Some Nepal Laws Amendment Act, 2063. 11. Clothing Allowance: (1) While going outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for official work or to participate in any ceremony, festival, conference, etc. on behalf of the Government of Nepal, the Chief Functionary shall receive four thousand nine hundred fifty rupees and the Functionary shall receive four thousand two hundred rupees as clothing allowance once every three years.

(2) While going outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. pursuant to Sub-section (1), if a functionary of a constitutional body is permitted to take his/her wifeAdded by Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2063. or husband along, he/she shall receive, Amended by Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2063.for the wife or husband, half of his/her one month's remuneration as clothing allowance once every three years. 12. Leader's Allowance: (1) When a functionary of a constitutional body goes abroad as the leader of a delegation, he/she shall receive an additional twenty-five percent of his/her daily allowance as leader's allowance.

(2) Notwithstanding anything written in Sub-section (1), when a single-member delegation goes, except in circumstances specified by the Government of Nepal, leader's allowance shall not be paid. 13. Contingent Expenses: (1) While going on study tours of the ground situation in various districts of NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066., a functionary of a constitutional body shall receive, for hospitality expenses, contingent expenses of one thousand rupees per visit, up to a maximum of twice a year, without having to submit an account of the expenditure.

(2) While going outside NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to participate in international conferences, festivals, ceremonies, etc., a functionary of a constitutional body shall be paid an amount as decided by the Government of Nepal for contingent expenses. Bills and receipts for contingent expenses paid in that manner shall be required to be submitted. 14. Amended by Some Nepal Acts Amendment Act, 2072.Festival Expenses: A functionary of a constitutional body shall receive an amount equivalent to his/her one month's customary remunerationAmended by Some Nepal Acts Amendment Act, 2072. as festival expenses. 15.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

14. Amended by Some Nepal Acts Amendment Act, 2072.Festival Expenses: A functionary of a constitutional body shall receive an amount equivalent to his/her one month's customary remunerationAmended by Some Nepal Acts Amendment Act, 2072. as festival expenses. 15. Leave: (1) A functionary of a constitutional body may avail the following types of leave with full remuneration:-

(a) Festival Leave and Casual Leave,
(b) Home Leave,
(c) Sick Leave,
(d) Bereavement Leave,
(e) Special Leave.

(2) A functionary of a constitutional body may take 6 days of Casual Leave and 6 days of Festival Leave each year.

(3) A functionary of a constitutional body shall receive Home Leave at the rate of one day for every eleven days of work period. Home Leave may be accumulated up to a maximum of one hundred fifty days. For the purpose of computing the work period for Home Leave, the days taken as Casual Leave, Festival Leave, and public holidays shall also be counted as days worked.

(4) A functionary of a constitutional body who has accumulated Home Leave exceeding one hundred twenty days may, in lieu of the excess Home Leave, receive a lump sum amount calculated at the rate of his/her customary remuneration for up to a maximum of thirty days of the Home Leave accumulated up to the end of Chaitra (mid-April) each year, payable by the end of the same fiscal year.

(5) A functionary of a constitutional body may receive Sick Leave at the rate of fifteen days per year. Such Sick Leave may be accumulated to any extent. If a person contracts a serious illness and submits a certificate from an approved medical practitioner, and if no Sick Leave is remaining, he/she may receive Sick Leave with remuneration for up to two months, and after exhausting such additional Sick Leave with remuneration, he/she may receive Sick Leave without remuneration for a further period of up to four months at a time, not exceeding twelve months in total during the service period.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Provided that while taking such additional Sick Leave with remuneration, Home Leave shall be deducted at the rate of one day for every two days of additional Sick Leave taken.

(6) If a functionary of a constitutional body himself/herself has to observe a period of mourning (Kiriya), he/she may take bereavement leave up to a maximum of fifteen days depending on the religious custom.

(7) A functionary of a constitutional body may receive Special Leave as follows, and such leave shall be with half remuneration:-

(a) Not exceeding one month at a time, and
(b) Not exceeding a total of three months during the entire period of service.

(8) If any person holding a constitutional position or in the service of the Government of Nepal is appointed to the position of a functionary of a constitutional body, he/she shall not be deprived of enjoying his/her right relating to accumulated leave while holding that position or in that service.

(9) If a functionary of a constitutional body retires from his/her position, he/she shall be entitled to receive a lump sum amount calculated at the rate of the remuneration he/she was receiving from the position he/she held, in lieu of the leave accumulated pursuant to Sub-section (3). 16. Authority to Grant Leave: Except for Festival Leave and Casual Leave, the other leaves mentioned in Section 15 shall be approved by the PresidentAmended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in the case of the Chief Functionary, and by the relevant Chief Functionary in the case of the Functionary. Chapter-4

Medical Expenses, Pension and Gratuity

17. Medical Expenses: (1) When a functionary of a constitutional body falls ill and undergoes treatment, he/she shall receive medical expenses as follows:-

(a) Expenses as per the hospital bill incurred when admitted to a hospital and treated within the country, and expenses for medicines purchased according to the prescription of the hospital doctor,
Provided that the prescription of the doctor shall mention the diagnosis of the disease.
(b) Expenses as per the bill incurred for all types of surgical operations except plastic surgery.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Provided that expenses for surgery performed in a private nursing home shall not be paid.
(c) Expenses as per the bill, as prescribed, for equipment such as spectacles, dentures, hearing aids, etc.

(2) Notwithstanding anything written in Sub-section (1), a functionary of a constitutional body shall not be paid medical expenses exceeding the amount equivalent to his/her twelve months' remuneration throughout the total service period.

(3) If a committee of doctors appointed by the Government of Nepal recommends that medical treatment cannot be provided within NepalOmitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066., a functionary of a constitutional body desiring to go abroad for treatment may be given additional financial assistance as deemed appropriate by the Government of Nepal, in addition to the medical expenses payable under Sub-section (1).

(4) If a functionary of a constitutional body dies before receiving the medical expenses payable under this Section, such medical expenses may be received by the person specified in Sub-section (1) of Section 19.

(5) If the spouse living jointly, mother, father, son, or daughter of a functionary of a constitutional body falls ill, the functionary of a constitutional body shall be entitled to receive, from the maximum medical expense amount payable under Sub-section (2), up to ninety percent of the medical expenses incurred as per the bill, up to half of that amount, subject to deduction from that maximum amount. While claiming such medical expenses, a doctor's prescription mentioning the diagnosis of the disease shall also be submitted. Provided that the medical expenses receivable pursuant to this Sub-section shall not exceed one month's remuneration of such functionary at a time.

(6) If the spouse, mother, father, son, or daughter living jointly with a functionary of a constitutional body falls ill and requires treatment abroad, or requires hospitalization and surgery or treatment within the country, the functionary of a constitutional body shall receive, out of the amount receivable by him/her under Sub-section (2), ninety percent of the expenses as per the hospital bill incurred and expenses for medicine and treatment as per the hospital doctor's prescription.

(7) Notwithstanding anything written in Sub-sections (5) and (6), if the spouse, mother, or father living jointly with a functionary of a constitutional body is a serving employee in a constitutional position, in government service, or in the service of an institution owned or controlled by the government, such medical expenses shall not be payable.

(8) When a functionary of a constitutional body retires, if any part of the medical expenses receivable throughout the total service period under Sub-section (2) remains unutilized, whether partially or fully, he/she shall receive, after retirement, a lump sum amount calculated as two-thirds of such remaining amount.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

19. Family Pension or Gratuity: (1) In the following circumstances, the pension or gratuity under Section 18 shall be paid, for the following durations, to the person desired by the functionary of a constitutional body among the members of his/her family, and if such desired person also dies, or if no person is desired, to the nearest entitled person among the members of his/her family:-

(a) If the functionary of a constitutional body dies while holding the position, for up to seven years from the date of death,
(b) If death occurs before the expiry of seven years from the start of receiving the pension under Section 18, for the remaining period of those seven years.

(2) If a functionary of a constitutional body dies while holding the position and is not entitled to receive a pension under Section 18 but only a gratuity, the amount of such gratuity shall be received by the person specified in Sub-section (1) among the members of the family.

(3) If a functionary of a constitutional body dies while holding the position or before the expiry of seven years from the start of receiving the pension, his/her widow or widower shall, if entitled to receive family pension under Sub-section (1), receive half of the pension from the date the pension period is paid, and if not entitled to such pension, or if death occurs after the expiry of seven years from the start of receiving the pension by the spouse, the widow or widower shall receive half of the pension for life from the date of death of the spouse.

(4) When the remuneration of a serving functionary of a constitutional body is increased, two-thirds of the amount of increase in the customary remuneration shall also be added to the family pension amount being received by a person under Sub-sections (1) and (3). Added by Act Made to Amend Some Nepal Acts Relating to Remuneration of the Chairperson and Members of the National Human Rights Commission, 2072.19A. Special Provision Relating to Remuneration of the Chairperson and Members of the National Human Rights Commission: Notwithstanding anything written elsewhere in this Act, the remuneration of the Chairperson and Members of the Human Rights Commission shall be equivalent to that of the Chief Justice of Nepal and a Judge of the Supreme Court, respectively. Chapter-5
Miscellaneous

Amended by Some Nepal Laws Amendment Act, 2063.20. Provision for Acting: (1) During the period of leave taken by a Chief Functionary, or if the position of Chief Functionary becomes vacant, the senior-most Functionary of the relevant constitutional body shall act as the Chief Functionary until such vacant position is filled.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Provision for Acting: (1) During the period of leave taken by a Chief Functionary, or if the position of Chief Functionary becomes vacant, the senior-most Functionary of the relevant constitutional body shall act as the Chief Functionary until such vacant position is filled. Provided that, in the case of the Auditor General, the senior-most Deputy Auditor General of that office shall act as the Auditor General.

(2) A person acting as the Chief Functionary pursuant to Sub-section (1) shall receive remuneration and facilities equivalent to those of the Chief Functionary for the entire duration of acting as such. Provided that, solely by reason of acting as the Chief Functionary, he/she shall not be entitled to facilities such as pension, gratuity, etc. for that position under this Act. Added by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.20A. Calculation of Age: The age of a functionary of a constitutional body shall be calculated based on whichever of the following bases results in the earliest retirement age for him/her:

(a) The age derived from the birth day or year mentioned in the academic institution certificate submitted by him/her,
(b) The age derived from the birth day or year mentioned in his/her citizenship certificate, or
(c) The age derived from the birth day or year written in his/her personal service record. 21. Provident Fund: The Government of Nepal shall deduct ten percent from the monthly remuneration of the functionary of a constitutional body for the provident fund, add an equal amount (one hundred percent matching contribution), and deposit it into the Employees' Provident Fund. 22. Additional Facility: (1) A functionary of a constitutional body who has completed three years without taking any leave except Casual Leave and Festival Leave shall, while going to his/her home on the Home Leave he/she has earned and returning from home, receive daily and travel allowance at half the rate of the daily and travel allowance he/she is entitled to under this Act. Provided that family members shall not receive daily and travel allowance.

(2) When a functionary of a constitutional body retires from his/her position or resigns with approval, he/she shall receive, in a lump sum, salary for up to a maximum of one hundred twenty days from his/her accumulated Home Leave, and for accumulated Sick Leave, at the rate of the salary he/she was drawing at that time. In the case of death while in service, such salary, pension, or gratuity shall be received by the family member entitled to receive it. 23.
Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

In the case of death while in service, such salary, pension, or gratuity shall be received by the family member entitled to receive it. 23. Travel Time: When a functionary of a constitutional body goes home on Home Leave and returns from home to report to his/her office after completing Home Leave, he/she shall receive travel time once a year at the rate of one day for every eight kos of road traveled on foot, and as many days as actually required for road traveled by motor vehicle, train, or airplane. Provided that travel time shall not be given for going elsewhere or staying elsewhere instead of going home on Home Leave. Travel time shall be granted for the fastest route by the fastest means, and shall not exceed the actual days required for traveling to and from the destination. Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.24. Taking Oath: Before assuming his/her duties, the Chief Functionary shall take an oath of office and secrecy in front of the Chief Justice, and the Functionary shall take such oath in front of the Chief Functionary, according to the Schedule. 25. Repeal and Savings: (1) The following Acts are hereby repealed:-
(a) Act relating to Remuneration, Conditions of Service and Term of Office of the Auditor General, 2023 (1966).
(b) Act relating to Remuneration, Conditions of Service and Facilities of the Members of the Public Service Commission, 2026 (1969).
(c) Act relating to Term of Office, Remuneration and Other Terms and Conditions of Service and Facilities of Election Commissioners, 2026 (1969).
(d) Act relating to Remuneration, Conditions of Service and Facilities of the Commissioners of the Commission for the Investigation of Abuse of Authority, 2050 (1993).

(2) Acts performed and actions taken under the Acts mentioned in Sub-section (1) shall be deemed to have been performed and taken under this Act.

(3) Remuneration and other facilities received by a functionary of a constitutional body before the commencement of this Act shall be deemed to have been received pursuant to this Act.

(4) Facilities being received by functionaries of constitutional bodies appointed before the commencement of this Act may continue to be received after the commencement of this Act as long as they remain in such position.

(5) Persons who retired from the positions of Chief Commissioner and Commissioners of the Commission for the Prevention of Abuse of Authority, Auditor General, Chairperson and Members of the Public Service Commission, and Chief Election Commissioner and Election Commissioners before the commencement of this Act and are receiving a pension shall be deemed to be receiving a pension pursuant to this Act.
Rapti Academy of Health Sciences Act, 2017

Rapti Health Sciences Academy Act, 2074

Certification and Publication Date
2074.06.29

Amending Acts

1. Some Nepal Acts Amendment Act, 2075 to Make Aligned with the Constitution of Nepal 2075.11.19
2. Some Nepal Acts Amendment Act, 2075 2075.11.19
3. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 33 of the year 2074

An Act Made to Provide for the Rapti Health Sciences Academy

Preamble: Whereas, it is desirable to make necessary provisions relating to the establishment and operation of the Rapti Health Sciences Academy to produce skilled manpower required by the country by providing high-level study and research in the field of health sciences and to provide easy, accessible and quality health services to the general public in health services,

The Legislature-Parliament, pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Rapti Health Sciences Academy Act, 2074".

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

(a) "Hospital" means the hospital pursuant to Section 15.

(b) "Hospital Management Committee" means the Hospital Management Committee formed pursuant to Section 16.

(c) "Vice-Chancellor" means the Vice-Chancellor pursuant to Section 19.

(d) "Executive Council" means the Executive Council formed pursuant to Section 11.

(e) "Chancellor" means the Chancellor pursuant to Section 17.

(f) "Dean" means the Dean pursuant to Section 22.

(g) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act.

(h) "Director" means the Director pursuant to Section 23.

(i) "Academy" means the Rapti Health Sciences Academy established pursuant to Section 3.

(j) "Academic Council" means the Academic Council formed pursuant to Section 9.

(k) "Ministry" means the Ministry of the Government of Nepal looking after health affairs.

(l) "Registrar" means the Registrar pursuant to Section 21.

(m) "Teacher" means a person appointed to teach and conduct research in the Academy.

(n) "Dean of Academic Affairs" means the Dean of Academic Affairs pursuant to Section 20.

(o) "Educational Institution" means the Educational Institution established pursuant to Section 14.

(p) "Assembly" means the Assembly formed pursuant to Section 7.

(q) "Pro-Chancellor" means the Pro-Chancellor pursuant to Section 18. Chapter-2
Establishment, Nature and Functions, Duties and Powers of the Academy

3.
Rapti Academy of Health Sciences Act, 2017

Chapter-2
Establishment, Nature and Functions, Duties and Powers of the Academy

3. Establishment of the Academy: (1) The Rapti Health Sciences Academy is established for carrying out high-level study, teaching and research in the field of health sciences and for providing easy, accessible and quality health services to the general public in health services.

(2) The central office of the Academy shall be located in Ghorahi, Dang District.

(3) The Academy shall be called "Rapti Academy of Health Sciences" in the English language. 4. Academy to be Autonomous Body: (1) The Academy shall be an autonomous body with perpetual succession.

(2) The Academy shall have a separate seal for all its acts and business.

(3) The Academy may, like a person, acquire, use, sell or otherwise dispose of movable and immovable property.

(4) The Academy may, like a person, sue and be sued in its own name. 5. Nature of the Academy: The following organizations shall exist within the Academy, and their collective form shall constitute the nature of the Academy: -

(a) Assembly,
(b) Academic Council,
(c) Executive Council,
(d) Service Commission,
(e) Academic Council (Vidya Parishad),
(f) Faculty,
(g) Research Center,
(h) Educational Institution,
(i) Hospital,
(j) Other bodies as prescribed. 6. Functions, Duties and Powers of the Academy: (1) The functions, duties and powers of the Academy shall be as follows: -

(a) To conduct and cause to conduct study, teaching, training and research on various subjects related to health,
(b) To provide quality and accessible health services,
(c) To make agreements with study, teaching, training institutions and hospitals on various subjects related to health,
(d) To produce skilled manpower required for quality health services,
(e) To coordinate with domestic or foreign universities, educational institutions or hospitals to strengthen various programs operated by the Academy and enhance the quality of such programs,
(f) To establish, expand and strengthen relations and exchange mutual cooperation with domestic and foreign universities, academies and international organizations related to health,
(g) To organize and cause to organize workshops, conferences, seminars, interactions on various subjects related to health,
(h) To publish and cause to publish various books, pamphlets, bulletins and awareness posters related to health,
(i) To perform and cause to perform other works as prescribed.

(2) The functions, duties and powers of the Academy shall be exercised and fulfilled through the organizations of the Academy. Chapter-3
Formation and Functions, Duties and Powers of the Assembly

7.
Rapti Academy of Health Sciences Act, 2017

Chapter-3
Formation and Functions, Duties and Powers of the Assembly

7. Formation of the Assembly: (1) There shall be an Assembly as the supreme body of the Academy.

(2) The Assembly shall be formed as follows: -

 Position Role

 (a) Chancellor Chairperson
 (b) Pro-Chancellor Vice-Chairperson
 (c) Member, National Planning Commission (looking after health sector) Member
 (d) Vice-Chancellor Member
 (e) Two persons nominated by the Assembly from amongst the Vice-Chancellors of universities and other academies providing higher education related to health sciences on the recommendation of the Executive Council Member
 (f) Secretary, Ministry Member
 (g) Secretary, Ministry of Finance, Government of Nepal Member
 (h) Secretary, Ministry of the Government of Nepal looking after education affairs Member
 (i) Dean of Academic Affairs Member
 (j) One person nominated by the Assembly from amongst the Deans Member
 (k) Director Member
 (l) Chief, Dang District Coordination Committee Member
 (m) Chief, Ghorahi Sub-Metropolitan City Member
 (n) Two persons, including at least one woman, nominated by the Executive Council from amongst the teachers on the recommendation of the Academic Council Member
 (o) One person nominated by the Assembly from amongst the heads of educational institutions on the recommendation of the Executive Council Member
 (p) Chairperson, Nepal Health Research Council Member
 (q) Chairperson, Nepal Medical Council Member
 (r) Four persons, including at least two women, nominated by the Assembly from amongst Dalits, Adivasi/Janajati and backward classes, ensuring representation, on the recommendation of the Executive Council Member
 (s) Two persons, including at least one woman, nominated by the Assembly from amongst donors on the recommendation of the Executive Council Member
 (t) One person nominated by the Assembly from amongst the employees working in the Academy Member
 (u) Registrar Member Secretary

(3) The term of office of members nominated pursuant to Sub-section (2) shall be three years.

(4) If the position of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period through the same procedure by which the position was previously filled.

(5) The procedure relating to meetings of the Assembly shall be as prescribed. 8.
Rapti Academy of Health Sciences Act, 2017

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

(a) To approve the policy, plan and program of the Academy,
(b) To approve the annual budget of the Academy,
(c) To approve the rules of the Academy,
(d) To grant scholarships, degrees, certificates, medals and awards on behalf of the Academy,
(e) To confer honorary degrees as prescribed,
(f) To guide and give necessary directions to various bodies of the Academy under its purview,
(g) To give necessary suggestions to the Government of Nepal in the course of formulating national health and education policy,
(h) To approve the annual report of the Academy,
(i) To discuss and approve the audit report of the Academy,
(j) To make or cause to make necessary arrangements regarding the establishment of educational institutions,
(k) To perform and cause to perform other works as prescribed. Chapter-4
Formation and Functions, Duties and Powers of the Academic Council

9. Formation of the Academic Council: (1) There shall be an Academic Council as a body to systematize and regularize the educational, academic and research activities of the Academy.

(2) The Academic Council shall be formed as follows: -

(a) Dean of Academic Affairs - Chairperson
(b) Five persons nominated by the Assembly from amongst the chairpersons of various subject committees of the Academy on the recommendation of the Executive Council - Member
(c) Director - Member
(d) Chiefs of bodies related to curriculum and examination of the Academy - Member
(e) Two persons, including at least one woman, nominated by the Assembly from amongst the teachers on the recommendation of the Executive Council - Member
(f) Two persons, including at least one woman, nominated by the Assembly from amongst the persons who have made distinguished contributions in the health field on the recommendation of the Executive Council - Member
(g) Dean nominated by the Vice-Chancellor from amongst the Deans - Member Secretary

(3) The term of office of members nominated pursuant to Sub-section (2) shall be three years.

(4) If the position of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period through the same procedure by which the position was previously filled.

(5) The procedure relating to meetings of the Academic Council shall be as prescribed. 10.
Rapti Academy of Health Sciences Act, 2017

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

(a) To formulate necessary policies, plans and programs to systematize and regularize the educational, academic and research activities of the Academy and submit them to the Assembly for approval,
(b) To conduct and cause to conduct study and research programs to provide education on various subjects and levels related to health sciences,
(c) To determine the qualification of teachers required for the Academy,
(d) To determine the standard of study, research, training and coaching programs operated by the Academy and approve the curriculum,
(e) To select students,
(f) To determine the standards of examination,
(g) To conduct examinations and publish results,
(h) To recommend to the Assembly to confer degrees to students who succeed in study programs operated by the Academy,
(i) To recommend to the Assembly to confer honorary degrees, scholarships, medals and awards on behalf of the Academy,
(j) To prepare quality textbooks,
(k) To evaluate study, research, training and coaching programs operated by the Academy,
(l) To determine fees for study, training and research,
(m) To implement and monitor decisions related to the Academic Council approved by the Assembly,
(n) To perform other works as prescribed. Chapter-5
Formation and Functions, Duties and Powers of the Executive Council

11. Formation of the Executive Council: (1) There shall be an Executive Council to act as the executive body of the Academy.

(2) The Executive Council shall be formed as follows: -

(a) Vice-Chancellor - Chairperson
(b) Dean of Academic Affairs - Member
(c) One person from amongst the Deans - Member
(d) One person from amongst the heads of educational institutions who are members of the Assembly - Member
(e) Director - Member
(f) One person from amongst the teachers - Member
(g) Registrar - Member-Secretary

(3) Nomination of members pursuant to Clauses (c), (d) and (f) of Sub-section (2) shall be made by the Pro-Chancellor on the recommendation of the Vice-Chancellor.

(4) The term of office of members nominated pursuant to Sub-section (2) shall be three years.

(5) The procedure relating to meetings of the Executive Council shall be as prescribed. 12.
Rapti Academy of Health Sciences Act, 2017

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 policies, plans, annual programs, progress reports, annual budgets, audit reports and other proposals of the Academy and submit them to the Assembly for approval,
(d) To monitor and evaluate the works and actions performed by subordinate bodies and give directions to such bodies as required,
(e) Subject to the policy direction of the Assembly, to operate, manage, protect, sell and lease the fund and movable and immovable property of the Academy,
 Provided that, while selling immovable property received from the Government of Nepal, approval of the Government of Nepal shall be obtained.
(f) To accept various types of assistance received by the Academy,
(g) To perform and cause to perform other works as prescribed. Chapter-6
Academic Council (Vidya Parishad), Faculty, Educational Institution, Hospital and Other Bodies

13. Provisions relating to Vidya Parishad, Faculty and Research Center: (1) The Academy may establish Vidya Parishad, Faculty and Research Center.

(2) The formation and functions, duties and powers of the Vidya Parishad, Faculty and Research Center established pursuant to Sub-section (1) shall be as prescribed. 14. Establishment and Operation of Educational Institution: (1) The Academy may establish an educational institution as required for the purpose 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. 15. Establishment and Operation of Hospital: (1) The Academy shall establish a hospital to conduct high-level study and research in the health field and to provide quality and accessible health services.

(2) The Rapti Sub-Regional 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. 16. Hospital Management Committee: (1) There shall be a Hospital Management Committee to operate and cause to operate the hospital smoothly.

(2) The formation and functions, duties and powers of the Hospital Management Committee shall be as prescribed. Chapter-8
Office Bearers, Teachers and Employees of the Academy

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

(2) The Chancellor shall be the chief of the Academy.

(3) The Chancellor may inspect the Academy. 18. Pro-Chancellor: The Minister for Health shall be the Pro-Chancellor of the Academy. 19.
Rapti Academy of Health Sciences Act, 2017

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

(2) The Chancellor shall be the chief of the Academy.

(3) The Chancellor may inspect the Academy. 18. Pro-Chancellor: The Minister for Health shall be the Pro-Chancellor of the Academy. 19. Vice-Chancellor: (1) The Vice-Chancellor shall be the chief office bearer working full-time in the Academy.

(2) A committee comprising the Pro-Chancellor as Chairperson and two other members of the Assembly shall be formed by the Chancellor to recommend for appointment to the position of Vice-Chancellor, and the Chancellor shall appoint the Vice-Chancellor on the recommendation of that committee.

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

(4) The functions, duties and powers, remuneration, facilities and other terms of service of the Vice-Chancellor shall be as prescribed. 20. Dean of Academic Affairs: (1) The Pro-Chancellor shall appoint the Dean of Academic Affairs on the recommendation of the Vice-Chancellor for the supervision of 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. 21. Registrar: (1) The Pro-Chancellor shall appoint the Registrar on the recommendation of the Vice-Chancellor for the supervision of financial and personnel administration 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. 22. Dean: (1) The Vice-Chancellor shall appoint the Dean to work as the chief 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) Other functions, duties and powers, remuneration, facilities and other terms of service of the Dean shall be as prescribed. 23. Director: (1) The Vice-Chancellor shall appoint the Director on the recommendation of the Registrar to work as the administrative chief of the hospital.

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

(3) Other functions, duties and powers, remuneration, facilities and other terms of service of the Director shall be as prescribed. 24.
Rapti Academy of Health Sciences Act, 2017

24. 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 the office bearers pursuant to Sub-section (1) shall be as prescribed. 25. Power to Remove from Office: (1) If at least one-fourth of the members present at the time in the Assembly submit a written application to the Chancellor stating that the Vice-Chancellor, Dean of Academic Affairs or Registrar has not fulfilled his/her official responsibility, has not behaved according to the position, or has not honestly performed his/her duty, the Chancellor shall form a three-member investigation committee comprising any member of the Assembly as Chairperson, another member, and the Secretary of the Ministry.

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

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

(5) Before recommending the removal of an office bearer of the Academy pursuant to Sub-section (2), the investigation committee shall provide an opportunity for that person to submit a defense against the allegations leveled against him/her. 26. Teachers and Employees of the Academy: (1) There shall be teachers and employees in the Academy as required.

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

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

27.