chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Foreign Exchange (Regulation) Act, 1962

A record of any foreign exchange in contravention of this Act or documents related thereto found during the search shall be prepared and signed by the witnesses present. Added by the First Amendment. 11E. Arrest: (1) If there is sufficient reason and basis to suspect that a person has committed or is about to commit an act in contravention of this Act, Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. the Investigation Officer may file an application with the concerned court for issuance of an arrest warrant, and after the arrest warrant is issued, such person may be arrested at any place. Added by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. Provided that, if such person is not arrested immediately, or if there is reasonable cause to believe that such person may abscond or destroy evidence, proof or clues, or if a person absconding in connection with an offence is found, or if a person is caught in the act of committing an offence or is present before the Investigation Officer, such person may be arrested immediately by issuing an urgent arrest warrant.

(2) A person arrested under sub-section (1) shall be produced before the adjudicating officer within twenty-four hours, excluding the travel time. Added by the First Amendment. 11F. Detention: A person arrested under this Act may, in the course of inquiry and investigation, with the approval of the adjudicating officer, be detained in custody for a maximum of thirty days, not exceeding seven days at a time. Added by the First Amendment. 11G. Breach of Confidentiality Prohibited: An investigation officer or an employee under him shall not, when performing duties under this Act, breach the confidentiality of any matter or document submitted that has come to his knowledge by virtue of his office, except in circumstances compelled by the prevailing law. Provided that, if the adjudicating officer is of the opinion that such matter or document is necessary or likely to be evidence for other cases, and if the confidentiality of such matter or document is disclosed before a person authorized by law by order of such officer, it shall not be deemed a breach of confidentiality. Added by the First Amendment. 11H. Seized Foreign Exchange and Documents to be Kept Safe: The Investigation Officer shall keep safe the foreign exchange and related documents seized under this Act. Added by the First Amendment. 11I. Receipt for Seizure to be Given: When any foreign exchange or related document is seized under this Act, a receipt containing details of the foreign exchange and related documents so seized shall be given immediately to the concerned person. Added by the First Amendment. 11J.
Foreign Exchange (Regulation) Act, 1962

11I. Receipt for Seizure to be Given: When any foreign exchange or related document is seized under this Act, a receipt containing details of the foreign exchange and related documents so seized shall be given immediately to the concerned person. Added by the First Amendment. 11J. Submission of Report: The Investigation Officer shall submit a report of his actions every month to the Government of Nepal. 12. Bank's Power to Give Directions, Make Regulations or Issue Orders or Notices: The Bank may, from time to time, give directions, make regulations or issue orders or notices as necessary for the implementation of the matters written in this Act, subject to any directions given

(12) Amended by Some Nepal Acts Amendment Act, 2075. A person who does not deposit the bail as per (10) shall be kept in custody and proceeded against. Amended by Some Nepal Acts Amendment Act, 2048.18. Investigation and Prosecution: If an oral or written information is received from the Government of Nepal or from a person authorized by the Bank that any person has violated this Act or done any act contrary to the rules, regulations, orders, notices or directives under this Act, the Government Attorney or the officer authorized by the Government of Nepal in this regard shall investigate the matter and if, upon investigation, it is determined that such person has committed such violation or contrary act, he shall prosecute such person. Added by the first amendment.18A. Filing of case: (1) A case relating to an offense under this Act shall be filed by the investigation officer in the name of the Government of Nepal.

(2) While filing a case under sub-section (1), the investigation officer shall obtain the opinion of the Government Attorney. Added by the first amendment and amended by the second amendment.18B. Certification of copies of documents relating to foreign exchange: (1) The investigation officer shall make copies or photocopies of the foreign exchange or details relating thereto taken into possession in connection with an offense under this Act and get them certified and kept.

(2) Notwithstanding anything written in the prevailing law, copies or photocopies of the foreign exchange or details relating thereto certified and kept pursuant to sub-section (1) may be submitted as evidence in a case relating to an offense under this Act. 19. Cancellation of documents: If any kind of contract or document is made in violation of Section 13, such contract or document may be voided and rendered invalid by the order of the court hearing the case under this Act. Amended by the first amendment.20.
Foreign Exchange (Regulation) Act, 1962

19. Cancellation of documents: If any kind of contract or document is made in violation of Section 13, such contract or document may be voided and rendered invalid by the order of the court hearing the case under this Act. Amended by the first amendment.20. Reward for giving information: (1) If any person gives information to the Government of Nepal or an officer authorized by the Government of Nepal regarding the commission of an offense relating to foreign exchange contrary to this Act or the rules, regulations, orders, notices, directives, licenses or permits made under this Act, and upon the basis of such information, foreign exchange is seized and the offense is proven, twenty percent of the principal amount determined upon converting the seized foreign currency into Nepali currency shall be given as a reward to the person providing such information.

(2) The amount of reward given under sub-section (1) shall be paid from the amount obtained after converting the seized foreign currency into Nepali currency after the final disposal of the case. 21. No claim or complaint to lie: (1) No suit, complaint or legal proceeding of any kind shall be instituted in any court against any person for anything done or intended to be done in good faith in pursuance of this Act or any rule, regulation, order, notice or directive under this Act.

(2) If any person suffers loss or damage due to failure by the Government of Nepal, the Bank, or a licensed person to provide foreign exchange (except in case of willful act or negligence), no claim of any kind shall lie. 22. Power to make rules: The Government of Nepal may, in consultation with the Bank, make rules to carry out the objectives of this Act. 23. Repeal: The Foreign Exchange (Regulation) Act, 2017 is hereby repealed. 24. Existing licenses: Unless the Bank otherwise orders, licenses granted under the Foreign Exchange (Regulation) Act, 2017, except those already revoked, shall be deemed to have been granted under Section 3 of this Act for the same period and on the same conditions as specified in such licenses. 25. ×
B.P. Koirala Institute of Health Sciences Act, 1992

V.P. Koirala Institute of Health Sciences Act, 2049

Royal Seal and Publication Date
2049.10.5

Amending Acts

1. V.P. Koirala Institute of Health Sciences (First Amendment) Act, 2055 2055.7.11
2. Income Tax Act, 2058 2058.12.19
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
4. Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 2075.11.19
5. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 48 of the year 2049



An Act made to provide for the V.P. Koirala Institute of Health Sciences

Preamble: Whereas, it is expedient to make legal provisions for the establishment and operation of the V.P. Koirala Institute of Health Sciences of national importance in order to prepare necessary human resources for the eternal sacred memory of the people's leader late Bishweshwar Prasad Koirala and to gradually make Nepal self-reliant in the health sector, provide quality health services to the general public, and promote higher-level studies and research related to health;

Therefore, this Act is enacted by Parliament in the twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "V.P. Koirala Institute of Health Sciences Act, 2049".

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

(a) "Institute" means the V.P. Koirala Institute of Health Sciences established pursuant to Section 3.

(b) "Council" means the Governing Council constituted pursuant to Section 7. Added by First Amendment.(b1) "Chancellor" means the Chancellor pursuant to Section 11. Added by First Amendment.(b2) "Pro-Chancellor" means the Pro-Chancellor pursuant to Section 11A. Amended by First Amendment.(c) "Vice-Chancellor" means the Vice-Chancellor appointed pursuant to Section 11B. Added by First Amendment.(c1) "Dean, Registrar and Hospital Director" means the Dean, Registrar and Hospital Director appointed pursuant to Section 11C.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in this Act or in the rules made under this Act. Chapter-2
Establishment, Objectives and Functions, Duties and Powers of the V.P. Koirala Institute of Health Sciences

3. Establishment of the V.P. Koirala Institute of Health Sciences: (1) The V.P. Koirala Institute of Health Sciences is established to gradually make Nepal self-reliant in the health sector, provide quality health services to the general public, and prepare necessary human resources to promote higher-level studies and research related to health, which shall be called "V.P. Koirala Institute of Health Sciences" in the English language.

(2) The office of the Institute shall be located in Dharan, Sunsari District. 4.
B.P. Koirala Institute of Health Sciences Act, 1992

Koirala Institute of Health Sciences" in the English language.

(2) The office of the Institute shall be located in Dharan, Sunsari District. 4. Institute to be an Autonomous Institution: (1) The Institute shall be an autonomous institution with perpetual succession.

(2) There shall be a separate seal for all activities of the Institute.

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

(4) The Institute may, like a natural person, sue and be sued in its own name. 5. Objectives of the Institute: The objectives of the Institute shall be as follows:-

Amended by First Amendment.(a) To gradually make the country self-reliant in the health sector and prepare necessary skilled human resources for the development of quality health services by providing education at certificate, graduate, post-graduate and doctorate levels in medicine, nursing and other subjects of the health field to persons qualified as prescribed.

(b) To provide quality health services, provide various trainings related to health, and give and receive consultation to and from other health institutions.

(c) To conduct necessary research in the field of health.

(d) To make provision for research and treatment of infectious and tropical diseases and establish a national-level centre of excellence in these subjects.

(e) To function as one of the national resource centres for the development of human resources in the health field and the training of teachers of health sciences. 6. Functions, Duties and Powers of the Institute: The functions, duties and powers of the Institute shall be as follows:-

(a) To conduct and promote study, teaching and research activities in various subjects of the health field.

(b) To coordinate with domestic or foreign universities, hospitals or educational institutions to enhance the standard of the activities conducted by the Institute.

(c) To establish, expand and strengthen relations with domestic and foreign universities and institutes related to health and with national and international associations and institutions, and to exchange mutual cooperation.

(d) To make provision for teaching, training and research related to health for preparing competent human resources in the health field.

(e) To organise and arrange workshops, conferences, etc. in subjects related to health and to make and arrange various publications related to health for fulfilling the objectives of the Institute.
B.P. Koirala Institute of Health Sciences Act, 1992

Amended by First Amendment.(f) To obtain and mobilise financial, technical and other assistance from domestic and foreign persons and national and international bodies for the operation of the Institute and for health-related work in accordance with its objectives.

(g) To enhance and cause to enhance awareness among the public regarding the utility and usefulness of health services.

(h) To act as one of the advisers of the Government of Nepal in health-related policy and the development of the health sector.

(i) To provide financial and technical assistance to bodies involved in health services.

(j) To make provision for the education and training imparted by the Institute, conduct examinations, and confer graduate, post-graduate and doctorate degrees and other certificates and titles.

(k) To grant scholarships, medals and awards. Amended by First Amendment.(l) To prepare curricula and textbooks for programmes providing education at certificate, graduate, post-graduate and doctorate levels.

(m) To develop model information and research areas in prescribed districts for information dissemination and promotion of research in health services.

(n) To make necessary provisions regarding the service, terms and facilities of the office bearers, teachers and employees working in the Institute.

(o) To make appointments to various posts of the Institute as prescribed.

(p) To fix and receive academic and other service fees.

(q) To take loans against the security of the Institute's property.

(r) To invest the Institute's property.

(s) To establish an endowment fund of the Institute and operate it as prescribed.

(t) To do and cause to do other necessary work to fulfil the objectives of the Institute. Chapter-3
Formation and Functions, Duties and Powers of the Governing Council and Executive Committee

Amended by First Amendment.7.
B.P. Koirala Institute of Health Sciences Act, 1992

Chapter-3
Formation and Functions, Duties and Powers of the Governing Council and Executive Committee

Amended by First Amendment.7. Formation of the Governing Council: (1) There shall be formed a Governing Council consisting of the following members to perform the tasks to be done on behalf of the Institute:-

(a) Pro-Chancellor – Chairperson

(b) Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(c) Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(d) Member, National Planning Commission (looking after health sector) – Member

(e) One person nominated by the Government of Nepal from among the former Vice-Chancellors of the Institute – Member

(f) Up to two persons nominated by the Government of Nepal on the recommendation of the Executive Committee from among the Vice-Chancellors of universities – Member

(g) Vice-Chancellor, Nepal Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.Academy of Science and Technology – Member

(h) Secretary, Ministry of Health and Population – Member

(i) Secretary, Ministry of Education, Science and Technology – Member
(j) Secretary, Ministry of Finance – Member
(k) Dean, Institute of Medicine (Tribhuvan University) – Member
(l) Chairperson, Nepal Health Research Council – Member
(m) Chairperson, Nepal Medical Council – Member
(n) Two persons nominated by the Government of Nepal on the recommendation of the Executive Committee from among health scientists – Member
(o) Chief, Dharan Municipality – Member
(p) Dean – Member
(q) Registrar – Member
(r) Hospital Director – Member
(s) Two persons nominated by the Pro-Chancellor on the recommendation of the Vice-Chancellor from among the teachers of the Institute – Member
(t) Up to two persons nominated by the Pro-Chancellor on the recommendation of the Executive Committee from among distinguished scholars, social workers, industrialists and businessmen – Member
(u) Vice-Chancellor – Member-Secretary

Added by Some Nepal Acts Amendment Act, 2082.(1A) Notwithstanding anything written in clause (u) of sub-section (1), in a meeting of the Council convened to discuss matters concerning disciplinary action against the Vice-Chancellor, the member pursuant to clause (q) of the same sub-section shall act as Member-Secretary, and in a meeting of the Council convened to discuss matters concerning disciplinary action against both the Vice-Chancellor and the Registrar simultaneously, the member pursuant to clause (h) of the same sub-section shall act as Member-Secretary.

(2) The term of office of nominated members, other than ex-officio members among the members pursuant to sub-section (1), shall be four years. 8.
B.P. Koirala Institute of Health Sciences Act, 1992

8. Meeting and Decision of the Council: (1) The meeting of the Council shall be held at least twice a year.

(2) The meeting of the Council shall be chaired by the Chairperson of the Council, and in his/her absence, a member present at the meeting chosen from among themselves by the members present shall chair the meeting.

(3) If fifty percent of the total number of members of the Council are present, it shall be deemed to constitute a quorum for the meeting.

(4) The decision of the majority shall be the decision of the meeting. If a majority cannot be reached at the meeting, the Chairperson may cast a decisive vote.

(5) The decision of the meeting shall be certified by the Member-Secretary of the Council.

(6) The other procedures of the meeting shall be as determined by the Council itself. 9. Functions, Duties and Powers of the Council: (1) In addition to the functions mentioned elsewhere in this Act, the functions, duties and powers of the Council shall be as follows:-

(a) To determine policies relating to training and research programmes to be conducted by the Institute.

(b) To make rules of the Institute.

(c) To approve plans and programmes of the Institute.

(d) To review and evaluate the progress of the Institute's annual and programme and approve the annual budget.

(e) To perform other functions as prescribed.

(2) The Council may, as necessary, form committees and sub-committees to perform any of its functions under this Act.

(3) The functions, duties and powers and procedures of the committee formed pursuant to sub-section (2) shall be as prescribed by the Council. 10. Formation and Functions, Duties and Powers of the Executive Committee: Amended by First Amendment.(1) There shall be an Executive Committee consisting of the following members to function as the executive body of the Institute:-

(a) Vice-Chancellor – Chairperson
(b) Dean – Member
Amended by Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075.(c) Representative, Ministry of Health and Population – Member
(d) Hospital Director – Member
(e) Two persons nominated by the Pro-Chancellor on the recommendation of the Vice-Chancellor from among the departmental heads of the Institute – Member
(f) Registrar – Member-Secretary

(2) The term of office of the members pursuant to clause (e) of sub-section (1) shall be two years.

(3) The other functions, duties and powers of the Executive Committee shall be as prescribed. Chapter-4
Provisions relating to Service, Terms of the Office Bearers, Teachers and Employees of the Institute

Added by First Amendment.11.
B.P. Koirala Institute of Health Sciences Act, 1992

Chapter-4
Provisions relating to Service, Terms of the Office Bearers, Teachers and Employees of the Institute

Added by First Amendment.11. Chancellor: (1) The Prime Minister shall be the Chancellor of the Institute.

(2) The Chancellor shall preside over the convocation ceremony of the Institute. Added by First Amendment.11A. Pro-Chancellor: The Minister or Minister of State for Health shall be the Pro-Chancellor of the Institute. Added by First Amendment.11B. Appointment of Vice-Chancellor: (1) A committee consisting of the Pro-Chancellor as Chairperson and two other members shall be formed by the Chancellor to submit recommendations for appointment to the post of Vice-Chancellor of the Institute, and the Vice-Chancellor shall be appointed by the Chancellor on the recommendation of that committee.

(2) The Vice-Chancellor shall be the full-time executive head of the Institute.

(3) The term of office of the Vice-Chancellor shall be five years, and his/her term may be renewed.

(4) The functions, duties and powers of the Vice-Chancellor shall be as prescribed.

(5) The remuneration, terms of service and other facilities of the Vice-Chancellor shall be as prescribed. Added by First Amendment.11C. Appointment of Dean, Registrar and Hospital Director: (1) The Pro-Chancellor shall appoint the Dean, Registrar and Hospital Director of the Institute on the recommendation of the Vice-Chancellor.

(2) The term of office of the Dean, Registrar and Hospital Director shall be five years.

(3) The functions, duties and powers of the Dean, Registrar and Hospital Director shall be as prescribed.

(4) The remuneration, terms of service and other facilities of the Dean, Registrar and Hospital Director shall be as prescribed. Added by First Amendment.11D.
B.P. Koirala Institute of Health Sciences Act, 1992

Added by First Amendment.11D. May be Removed from Office: (1) If one-fourth of the members then holding office in the Council submit a written application to the Chancellor stating that the Vice-Chancellor, Dean, Registrar or Hospital Director of the Institute has not fulfilled the duties according to his/her office, the Chancellor shall form an investigation committee consisting of the Pro-Chancellor as Chairperson and two members of the Council.

(2) The investigation committee formed pursuant to sub-section (1) shall conduct the necessary investigation in that regard and submit its report to the Council.

(3) If the report submitted pursuant to sub-section (2) states that the Vice-Chancellor, Dean, Registrar or Hospital Director has not fulfilled the duties according to his/her office, and when a resolution is passed by a majority of the total number of members of the Council at a discussion in the Council on that matter stating that he/she is to be removed from office for not fulfilling the duties according to his/her office and is submitted to the Chancellor, the Chancellor shall remove him/her from office.

(4) When conducting an investigation pursuant to sub-section (2), the investigation committee formed pursuant to sub-section (1) shall give him/her a reasonable opportunity to submit his/her defence. Amended by First Amendment.12. Provisions relating to Appointment, Terms of Service and Remuneration of Teachers and Employees of the Institute: (1) The appointment, terms of service and remuneration of the teachers and employees of the Institute shall be as prescribed.

(2) All teachers and employees appointed pursuant to sub-section (1) shall be non-practising. Explanation: For the purpose of this sub-section, "non-practising" means not being allowed to engage in any medical practice, teaching (private tuition) or any other kind of private business elsewhere, whether with or without remuneration, except the official work of the Institute. 13. Repealed by First Amendment

Chapter-5
Fund, Accounts and Audit of the Institute

14. Fund of the Institute: (1) There shall be a separate fund of the Institute.

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

(a) Amount received from the Government of Nepal,

(b) Amount received as loan, donation, assistance, grant or charitable contribution from any person, institution or government,

(c) Amount received from academic fees and service fees,

(d) Amount received from any other source.

(3) While receiving amounts from a foreign person, institution, government or international organisation, the Institute shall obtain approval from the Government of Nepal.

(4) The amount of the Institute's fund shall be deposited by opening an account in a bank.

(5) All expenses of the Institute shall be borne from the fund pursuant to sub-section (2).

(6) The operation of the Institute's fund and account shall be as prescribed. 15.
B.P. Koirala Institute of Health Sciences Act, 1992

15. Accounts and Audit: (1) The accounts of the income and expenditure of the Institute shall be kept Amended by First Amendment.as prescribed.

(2) The audit of the Institute shall be conducted by the Office of the Auditor General Added by First Amendment.or by an auditor appointed by that Office. Chapter-6
Miscellaneous

16. Certificates to be Provided by the Institute: Notwithstanding anything written in the prevailing law, the Institute may confer graduate, post-graduate, doctorate and other certificates and titles related to health under this Act. 17. Recognition of Certificates Provided by the Institute: The recognition of graduate, post-graduate, doctorate and other certificates and titles related to health conferred by the Institute under this Act shall be as per the Nepal Medical Council Act, 2020. 18. Annual Report: The annual report of the Institute shall be submitted by the Vice-Chancellor Amended by First Amendment.to the Council within three months of the end of the fiscal year. Added by First Amendment.19. Delegation of Powers: The Institute may delegate some of the powers conferred upon it under this Act or the rules made under this Act to any member of the Council. 20. To Act in Conformity with the National Health and Education Policy of the Government of Nepal: It shall be the duty of the Institute to conduct its activities in conformity with the national health and education policy of the Government of Nepal. Added by First Amendment.20A. Government of Nepal may Give Necessary Directions: The Government of Nepal may give necessary directions to the Institute. 21. Exemptions and Facilities to the Institute: The following matters shall be exempt from customs, sales tax Repealed by Income Tax Act, 2048 and other such taxes to the Institute:-

(a) On construction materials and machinery equipment imported from abroad for the construction and operation of the Institute.

(b) On scholarships, fellowships and awards provided by the Institute.

(c) On donations, charitable contributions, grants and other sources of income received by the Institute and on the property of the Institute.

(d) On the registration of any instrument required to be registered. 22. Liaison Ministry: The Institute shall, when liaising with the Government of Nepal, do so through the Amended by Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075.Ministry of Health and Population. 23. Power to Make Rules: The Council may make necessary rules to implement the objectives of this Act.
Nepal Academy of Music and Drama Act, 2007

Nepal Music and Drama Academy Act, 2064

Certification and Publication Date
2064.5.31

Amending Acts

1. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 22 of the year 2064 made by the Legislature-Parliament

An Act made to provide for matters relating to the Nepal Music and Drama Academy

Preamble: Whereas, it is desirable to make legal provisions for the establishment and operation of the Nepal Music and Drama Academy to protect, conserve, promote and comprehensively develop the music and drama genres of Nepal, a multi-ethnic, multilingual and multicultural country, to conduct and cause to conduct study and research in the music and drama genres, and to honor and respect scholars and talents in this field,

The Legislature-Parliament has enacted this Act. Chapter-1

Preliminary

1. Short title and commencement: (1) This Act may be called the "Nepal Music and Drama Academy Act, 2064".

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

(a) "Music" shall be understood to include singing, musical composition, instrumental playing, and dance.

(b) "Drama" shall be understood to include drama, acting, and theatre.

(c) "Academy" shall be understood to mean the Nepal Music and Drama Academy established pursuant to Section 3.

(d) "Assembly" shall be understood to mean the Academic Assembly pursuant to Section 7.

(e) "Council" shall be understood to mean the Academic Council pursuant to Section 11.

(f) "Chancellor" shall be understood to mean the Chancellor of the Academy.

(g) "Vice-Chancellor" shall be understood to mean the Vice-Chancellor of the Academy.

(h) "Secretary" shall be understood to mean the Secretary of the Academy.

(i) "Office-bearer" shall be understood to mean the Chancellor, Vice-Chancellor, Secretary, and nominated members of the Council.

(j) "Prescribed" or "as prescribed" shall be understood to mean prescribed or as prescribed in the rules made under this Act. Chapter-2

Establishment, Functions, Duties and Powers of the Academy

3. Establishment of the Academy: (1) An academy named the Nepal Music and Drama Academy is established for, among others, the work of protecting, conserving, promoting and comprehensively developing the music and drama genres.

(2) The central office of the Academy shall be located in the Kathmandu Valley, and the Academy may open branches in various places of Nepal as required. 4.
Nepal Academy of Music and Drama Act, 2007

4. Academy to be an 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 proceedings.

(3) The Academy may, like an individual, acquire, use, sell or otherwise manage movable and immovable property.

(4) The Academy may, like an individual, sue and be sued in its own name.

(5) The Academy may, like an individual, enter into contracts and exercise the rights and discharge the liabilities arising from such contracts. 5. Functions, duties and powers of the Academy: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Academy shall be as follows:-

(a) To formulate policies and programs of the Academy,

(b) To collect, protect, conserve and conduct study and research on music and dramatic arts,

(c) To create research-based and original works related to music and drama genres and to publish such works,

(d) To make provisions for recognition, respect and awards for national and foreign individuals who make significant contributions to the music and drama genres,

(e) To establish libraries, museums, theatres, drama halls, etc. related to music and drama,

(f) To preserve musical instruments, instrumental materials and means of musical composition of various ethnic groups and communities of Nepal,

(g) To study, research, promote and preserve the original folk tunes, folk dances and folk music of various ethnic groups and communities of Nepal,

(h) To introduce Nepali music and drama genres to the world,

(i) To make provisions for scholarships for study and research in music and drama genres,

(j) To conduct training programs related to music and drama genres,

(k) To encourage associations, organizations and individuals involved in the development and expansion of music and drama genres,

(l) To organize or cause to organize seminars, workshops, conferences, festivals and competitions at national and international levels in music and drama genres,

(m) To establish and expand relations with associations and organizations related to music and drama genres and to exchange mutual assistance with such associations and organizations,

(n) To uplift and develop folk-based music and dramatic arts,

(o) To perform or cause to perform other necessary work to fulfill the objectives of this Act. Chapter-3

Organization of the Academy

6. Organization of the Academy: The organization of the Academy shall be as follows, and their collective form shall constitute the structure of the Academy:-

(a) Assembly,

(b) Council, and

(c) Service Commission. 7.
Nepal Academy of Music and Drama Act, 2007

Chapter-3

Organization of the Academy

6. Organization of the Academy: The organization of the Academy shall be as follows, and their collective form shall constitute the structure of the Academy:-

(a) Assembly,

(b) Council, and

(c) Service Commission. 7. Assembly: (1) There shall be an Academic Assembly as the supreme body of the Academy.

(2) The formation of the Assembly shall be as follows:-

(a) Chancellor — Chairperson

(b) Vice-Chancellor — Vice-Chairperson

(c) Secretary, Ministry of Culture, Tourism and Civil Aviation — Member

(d) Twenty-four persons nominated by the Prime Minister from amongst distinguished persons related to the music and drama fields, ensuring appropriate representation of women as well, taking into account inclusiveness — Members

(e) Secretary — Member-Secretary

(3) The term of office of the nominated members pursuant to sub-section (2) shall be four years.

(4) If the post of a nominated member of the Assembly becomes vacant for any reason, another person shall be nominated from the same genre or field from which such member was nominated, for the remaining term.

(5) The facilities of the members of the Assembly shall be as prescribed. 8. Recommendation Committee: (1) There shall be a Recommendation Committee as follows to recommend names to the Prime Minister for the appointment or nomination of office-bearers and members to be nominated to the Assembly:-

(a) Minister for Culture, Tourism and Civil Aviation — Chairperson

(b) Two persons from amongst reputed persons in the music and drama fields, designated by the Prime Minister — Members

(2) While recommending names for nomination as members of the Assembly, the committee pursuant to sub-section (1) shall recommend names from amongst persons who have studied or researched in the music and drama fields or are reputed in those genres, ensuring as far as possible representation from various genres and fields of music and drama, and covering all castes, genders, and linguistic groups.

(3) While recommending names for the appointment of office-bearers, the committee pursuant to sub-section (1) shall recommend from amongst the nominated members of the Assembly.

(4) The procedure to be adopted by the committee pursuant to sub-section (1) regarding recommendations shall be as determined by the committee itself. 9.
Nepal Academy of Music and Drama Act, 2007

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

(a) To determine the policy of the Academy,

(b) To approve the annual plan and program of the Academy,

(c) To pass the annual budget of the Academy,

(d) To approve scholarships, honors and awards,

(e) To give necessary instructions and guidance to the Council,

(f) To monitor and evaluate the work of the Council,

(g) To approve the rules of the Academy,

(h) To perform other functions as prescribed. 10. Meeting of the Assembly: (1) A meeting of the Assembly shall be held at least twice a year.

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

(3) The Member-Secretary of the Assembly shall give notice to all members, including the agenda for discussion in the meeting, at least fifteen days prior to the meeting of the Assembly.

(4) If more than fifty percent of the members currently holding office are present in the Assembly, it shall be deemed to have constituted a quorum for the meeting of the Assembly.

(5) The meeting of the Assembly shall be presided over by the Chairperson of the Assembly, and in their absence, by the Vice-Chairperson.

(6) The opinion of the majority shall prevail in the meeting of the Assembly, and in case of a tie, the person presiding over the meeting shall cast the decisive vote.

(7) The decision of the meeting of the Assembly shall be certified and kept by the Member-Secretary of the Assembly.

(8) The Assembly may invite honorary academicians and life members of the Academy to participate as observers in the meeting of the Assembly.

(9) Other procedures relating to the meeting of the Assembly shall be as determined by the Assembly itself. 11. Formation of the Council: (1) There shall be an Academic Council to function as the executive body of the Academy.

(2) The formation of the Council shall be as follows:-

(a) Chancellor — Chairperson

(b) Vice-Chancellor — Vice-Chairperson

(c) Six members nominated by the Prime Minister from amongst the nominated members of the Assembly, including at least two women, ensuring as far as possible representation of various castes, ethnic groups, and linguistic groups — Members

(d) Secretary — Member-Secretary

(3) If the post of a member pursuant to clause (c) of sub-section (2) becomes vacant for any reason, another person shall be nominated from the same genre or field from which such member was nominated, for the remaining term. 12.
Nepal Academy of Music and Drama Act, 2007

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

(a) To implement the decisions made by the Assembly,

(b) To follow the instructions given by the Assembly,

(c) To submit the audit report to the Assembly,

(d) To discuss the annual program, budget, progress report and other reports submitted by the Secretary and, if necessary, amend them and submit them to the Assembly for approval,

(e) To manage, operate, protect and supervise the movable and immovable property of the Academy,

(f) To manage and operate the fund of the Academy,

(g) To accept financial and other assistance received for the Academy,

(h) To submit scholarships, honors, recognition and awards to the Assembly for approval,

(i) To form committees, sub-committees or task forces as necessary regarding the work and proceedings of the Council and to specify the functions, duties and powers of such committees, sub-committees or task forces,

(j) To perform other functions as prescribed. 13. Meeting of the Council: (1) A meeting of the Council shall be held at least once in two months.

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

(3) The Member-Secretary of the Council shall give notice to all members, including the agenda for discussion in the meeting, at least twenty-four hours prior to the meeting of the Council.

(4) If more than fifty percent of the members currently holding office are present in the Council, it shall be deemed to have constituted a quorum for the meeting of the Council.

(5) The meeting of the Council shall be presided over by the Chairperson of the Council, and in their absence, by the Vice-Chairperson.

(6) The opinion of the majority shall prevail in the meeting of the Council, and in case of a tie, the person presiding over the meeting shall cast the decisive vote.

(7) The decision of the meeting of the Council shall be certified and kept by the Member-Secretary of the Council.

(8) Other procedures relating to the meeting of the Council shall be as determined by the Council itself. Chapter-4

Chief Patron, Patron and Office-bearers and Employees of the Academy

14. Chief Patron: The Prime Minister shall be the Chief Patron of the Academy. 15. Patron: The Minister for Culture, Tourism and Civil Aviation shall be the Patron of the Academy. 16. Chancellor: (1) There shall be one Chancellor in the Academy.

(2) The Chancellor shall be the chief office-bearer of the Academy. 17.
Nepal Academy of Music and Drama Act, 2007

15. Patron: The Minister for Culture, Tourism and Civil Aviation shall be the Patron of the Academy. 16. Chancellor: (1) There shall be one Chancellor in the Academy.

(2) The Chancellor shall be the chief office-bearer of the Academy. 17. Functions, duties and powers of the Chancellor: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Chancellor shall be as follows:-

(a) To implement or cause to implement the directives given by the Assembly and the decisions made by the Council,

(b) To cause to prepare the annual program, budget, report and other reports of the Academy,

(c) To exercise general control over the work, proceedings and personnel administration of the Academy,

(d) To enter into contracts on behalf of the Academy with the approval of the Council,

(e) To make necessary contacts with domestic and foreign associations and organizations regarding matters related to the work of the Academy,

(f) To perform other functions as prescribed. 18. Vice-Chancellor: There shall be one Vice-Chancellor in the Academy. 19. Functions, duties and powers of the Vice-Chancellor: The functions, duties and powers of the Vice-Chancellor shall be as follows:-

(a) To assist the Chancellor in implementing the directives given by the Assembly and the decisions made by the Council,

(b) To perform all functions of the Chancellor in the absence of the Chancellor,

(c) To perform other functions under the direction of the Chancellor. 20. Secretary: (1) There shall be one Secretary in the Academy.

(2) The functions, duties and powers of the Secretary shall be as prescribed. 21. Provisions relating to office-bearers: (1) The Prime Minister shall, subject to this Act, appoint the office-bearers.

(2) The term of office of an office-bearer shall be four years.

(3) An office-bearer shall work full-time for the Academy.

(4) The remuneration, terms of service and facilities of an office-bearer shall be as prescribed. 22. Circumstances of vacancy: The post of an office-bearer or a member of the Assembly shall be deemed to be vacant in the following circumstances:-

(a) If their term of office expires,

(b) If they resign,

(c) If their mental balance is impaired,

(d) If they are convicted by a court for a criminal offense involving moral turpitude,

(e) If they are removed from office pursuant to Section 23, or

(f) If they die. 23.
Nepal Academy of Music and Drama Act, 2007

23. Power to remove from office: (1) If at least one-fourth of the members currently holding office in the Assembly submit a written complaint to the Prime Minister stating that an office-bearer or a member of the Assembly has not worked in accordance with the objectives of this Act, or has not behaved in accordance with their position, or has not acted honestly, or lacks efficiency, an investigation committee shall be formed by the Prime Minister from amongst the members of the Assembly.

(2) The investigation committee pursuant to sub-section (1) shall investigate the matter and submit its report to the Prime Minister, and the Prime Minister shall arrange to place such report before the Assembly for discussion.

(3) If, during discussion in the Assembly on the report submitted pursuant to sub-section (2), a majority of the members of the Assembly decide that the office-bearer or member of the Assembly has not worked in accordance with the objectives of this Act, or has not behaved in accordance with their position, or has not acted honestly, or lacks efficiency, the Prime Minister shall remove such office-bearer or member of the Assembly from their office.

(4) An opportunity of defense shall be given to the office-bearer or member of the Assembly before removing them from office pursuant to sub-section (3). 24. Employees: (1) There shall be such number of employees in the Academy as necessary.

(2) The appointment, remuneration, facilities and terms of service of the employees pursuant to sub-section (1) shall be as prescribed. 25. Service Commission: (1) There shall be a Nepal Music and Drama Academy Service Commission as follows to recommend for the permanent appointment and promotion of employees of the Academy:-

(a) A member of the Public Service Commission designated by that Commission — Chairperson

(b) A member of the Assembly designated by the Assembly — Member

(c) Secretary — Member-Secretary

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

(3) The procedure relating to the meeting of the Service Commission shall be as determined by the Commission itself.

(4) The Chairperson and member of the Service Commission shall receive meeting allowance as prescribed for participating in the meeting. Chapter-5

Fund and Audit

26.
Nepal Academy of Music and Drama Act, 2007

Chapter-5

Fund and Audit

26. Fund of the Academy: (1) There shall be a separate fund of the Academy.

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

(a) Amount received from the Government of Nepal,

(b) Amount received from foreign governments, associations, organizations or individuals,

(c) Amount received from domestic associations, organizations or individuals,

(d) Amount received by the Academy for providing any service, and

(e) Amount received from any other source.

(3) Before receiving the amount pursuant to clause (b) of sub-section (2), the Academy shall obtain the approval of the Government of Nepal.

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

(5) The operation of the fund and account of the Academy shall be as prescribed.

(6) All expenses of the Academy shall be borne from the fund pursuant to sub-section (1). 27. Accounts and audit: (1) The accounts of income and expenditure of the Academy shall be maintained in the manner adopted by the Government of Nepal.

(2) The audit of the accounts of the Academy shall be conducted by the Auditor General. Chapter-6

Miscellaneous

28. Honorary Academician and Life Membership: (1) The Assembly may, on the recommendation of the Council, confer the honorary academician membership of the Academy on a domestic or foreign individual who has made a distinguished contribution to the development of the music and drama genres and has enhanced the prestige of Nepal at national and international levels.

(2) The Assembly may confer life membership of the Academy on a Nepali citizen who has made a distinguished contribution to the field of music and drama genres.

(3) The basis for conferring honorary academician membership and life membership pursuant to sub-sections (1) and (2) shall be as prescribed.

(4) The Academy may provide such facilities to a life member as prescribed. Provided that a life member who is receiving any remuneration or facility from the Government of Nepal shall not receive such facility.

(5) The Assembly may remove an honorary academician member and a life member from membership on the prescribed grounds. 29. Power to confer recognition, honor and award: The Assembly may confer recognition, honor and award on a person who has made a significant contribution to the music and drama genres. 30. Report to be submitted: The Academy shall submit an annual report of its work and proceedings to the Government of Nepal every year. 31. Oath: Before assuming their office, the Chancellor shall take an oath before the Prime Minister, and the Vice-Chancellor, Secretary and members shall take an oath before the Chancellor in the format as per the Schedule. 32.