chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Right to Food and Food Sovereignty Act, 2018

5. Identification of Targeted Households: (1) The Local Level shall, as prescribed, identify targeted households within its jurisdiction that are at risk of food insecurity due to poverty, geographical remoteness, disaster, or any other similar reason, and maintain records thereof in the prescribed format.

(2) Details of the records pursuant to sub-section (1) shall also be sent to the Provincial Food Council pursuant to Section 34 and the Ministry for record-keeping.

(3) If it is found that the records pursuant to sub-section (1) include details of households not at risk of food insecurity, or if a household so recorded ceases to qualify as a targeted household for any reason, the Local Level may, in either case, remove the details of such household from the record.

(4) Based on the records received pursuant to sub-section (2), each Province shall maintain a consolidated and updated record of targeted households at risk of food insecurity within its province, and the Ministry shall maintain a consolidated and updated record for all of Nepal.

(5) The record pursuant to this section shall be updated by the Local Level from time to time, and information thereof shall be provided to the Provincial Food Council and the Government of Nepal.

(6) The Government of Nepal may develop necessary systems to maintain records pursuant to this section through electronic means as well.

(7) Other bases and procedures for the identification of targeted households shall be as prescribed. 6. Food Assistance Identity Card: (1) The Local Level shall issue a Food Assistance Identity Card in the prescribed format based on the updated details of targeted households.

(2) While issuing the identity card pursuant to sub-section (1), if the targeted household has a female member who has completed eighteen years of age, the Food Assistance Identity Card shall be issued in the name of the eldest such female member; and if there is no female member who has completed eighteen years of age, it shall be issued in the name of the eldest member among other family members, as prescribed:

Provided that, in a situation where the targeted household has no member who has reached the age of eighteen years, nothing written in this sub-section shall prevent the issuance of a Food Assistance Identity Card in the name of a minor member of such household.

(3) If an identity card has been issued in the name of another member pursuant to sub-section (2), after a female member reaches the age of eighteen years, the identity card issued in the name of the said other member shall be cancelled, and an identity card shall be issued in the name of such female member. 7.
Right to Food and Food Sovereignty Act, 2018

7. Providing Food Assistance Free of Cost or at Concessional Rate: (1) The Government of Nepal, Provincial Government, or Local Level shall provide food assistance to targeted households at a concessional rate and to specific types of targeted households free of cost, as prescribed.

(2) Notwithstanding anything contained in sub-section (1), in the event a disaster of any kind occurs in any area or at any Local Level and the Government of Nepal declares it a disaster-affected area, throughout the duration of such situation, and in the event a food crisis-affected area is declared, throughout the duration of such crisis, the individuals and families residing in such area shall be provided with food assistance free of cost or at a concessional rate, as prescribed.

(3) When providing food assistance free of cost or at a concessional rate pursuant to sub-section (1) or (2), the Government of Nepal or the Provincial Government shall make arrangements for distribution through the Local Level.

(4) The Government of Nepal, Provincial Government, or Local Level may, from time to time, review the form and quantity of free or concessional food assistance provided pursuant to this section, based on the immediate needs of individuals or families in the prescribed area, geographical situation, availability of food, and traditional or cultural acceptability. 8. Prescribing Nutritional Standards of Food: The standard of nutritional elements of food required for the purpose of providing food assistance pursuant to Section 7 shall be as prescribed. 9. Emergency Food and Nutritional Security: (1) The Government of Nepal, Provincial Government, and Local Level shall, in mutual coordination, adopt necessary measures to mitigate any adverse effects that may occur to food and nutritional security for any reason and to make food available as soon as possible in emergency situations. Explanation: For the purpose of this section, "Emergency Situation" means the period declared by the Government of Nepal as an emergency situation in any area due to disasters such as earthquake, flood, landslide, snowfall, cold wave, or fire.

(2) The Government of Nepal, Provincial Government, and Local Level shall, in mutual coordination, expand and modernize their food storage facilities and stockpile food necessary to meet nutritional needs in any circumstance.

(3) The coordination of the work of providing emergency food and nutritional assistance pursuant to this section shall be carried out by the prescribed body.

(4) The Government of Nepal may mobilize national and international assistance as necessary to strengthen the situation of food and nutritional security in an emergency situation. 10.
Right to Food and Food Sovereignty Act, 2018

10. May Declare Food Crisis-Affected Area: (1) If a food crisis arises in any area due to causes such as earthquake, excessive rainfall, drought, flood, landslide, fire, epidemic, famine, the Government of Nepal may declare such area as a food crisis-affected area for a specified period.

(2) Other arrangements relating to the management of necessary food and nutritional security in a food crisis-affected area shall be as prescribed. 11. Prioritizing Local Food: (1) While making arrangements for food and nutrition pursuant to this Act, priority shall be given to the distribution of traditional food produced at the local level.

(2) Provisions relating to making arrangements for traditional food and nutrition produced at the local level shall be as prescribed. Chapter-3

Protection and Promotion of the Right to Food Sovereignty

12. Respect, Protection, and Fulfillment of the Right to Food Sovereignty: (1) Every farmer shall have the right to food sovereignty.

(2) Without adversely affecting the generality of sub-section (1), every farmer shall have the following rights related to food sovereignty:

(a) Every farmer or food producer receives recognition and respect,
(b) Participating in the food and agriculture system,
(c) Having access to the means and resources necessary for agricultural work,
(d) Choosing local seeds, technology, tools, and agricultural species, and obtaining protection of their intellectual property,
(e) Preserving traditional and indigenous food,
(f) Obtaining protection against acts that arbitrarily deprive him/her of the agricultural profession. 13.
Right to Food and Food Sovereignty Act, 2018

13. Protection of the Agricultural Profession and Promotion of Farmers' Standard of Living: The Government of Nepal, Provincial Government, and Local Level shall, in mutual coordination, make arrangements as follows based on available resources to protect the agricultural profession and promote the standard of living of farmers:

(a) Increasing investment in the field of agriculture and food production,
(b) Expanding the sustainable use of and access to advanced technology, environment-friendly fertilizers, various types of seeds, pesticides or agricultural materials in food production,
(c) Giving special recognition to cash crops or exportable crops,
(d) Expanding the easy and simple access of farmers to seed, crop, or livestock/poultry insurance,
(e) Enhancing farmers' access to agricultural markets,
(f) Expanding farmers' access to the infrastructure necessary for organic farming,
(g) Providing protection from harm caused by chemical, pesticide-laden, or genetically modified organism (GMO) farming,
(h) Fixing the minimum support price for specified crops that can be stored for a long period,
(i) Developing a system for early warning regarding weather including excessive rainfall, drought, or dry spells,
(j) Promoting a sustainable agricultural system based on biodiversity,
(k) Commercializing, industrializing, modernizing, and techonologizing agriculture to protect the agricultural profession,
(l) Expanding access to agricultural land and materials for female farmers and landless families dependent on agriculture on a priority basis,
(m) Preventing the use of water resources used in the production of agricultural crops, fruits, and livestock/poultry for other purposes that would be detrimental to such production,
(n) Making arrangements to provide farmers with compensation as prescribed in prescribed circumstances against loss or damage to agricultural produce or crops,
(o) Fixing the support price of agricultural products based on the cost of production. 14. Identification and Respect of Farmers: (1) The Government of Nepal shall identify and classify farmers as prescribed.

(2) The Local Level shall issue identity cards based on the classification pursuant to sub-section (1).

(3) Based on the classification pursuant to sub-section (1), a farmer shall be provided with concessions, exemptions, facilities available from the state, and a contributory pension as per prevailing law.

(4) The validity period of the identity card, renewal, and other related arrangements shall be as prescribed. 15.
Right to Food and Food Sovereignty Act, 2018

15. Sustainable Use of Agricultural Land: For the protection and sustainable use of agricultural land, the Government of Nepal, Provincial Government, and Local Level shall, in mutual coordination, carry out the following tasks:

(a) Encouraging or promoting the cultivation of crops on agricultural land identified pursuant to prevailing law,
(b) Scientifically identifying agricultural land and separating or classifying it,
(c) Preventing agricultural land from being left fallow, and preventing its use for purposes other than those prescribed pursuant to prevailing law concerning land use,
(d) Preventing the fragmentation of agricultural land,
(e) Conducting development and construction works in a manner that does not adversely affect the National Food Plan pursuant to Section 21,
(f) Raising awareness about the use of agricultural land,
(g) Reducing subsidies, facilities, and assistance provided by the government to landowners who, without reasonable cause, do not cultivate land classified for agricultural purposes,
(h) Promoting cooperative farming, contractual farming, lease farming, or collective farming to ensure maximum utilization of productive land that remains fallow. 16. Promotion of Local Agricultural Crops and Livestock Products: For the promotion of local agricultural crops and livestock products, the Government of Nepal, Provincial Government, and Local Level shall adopt the following measures:

(a) Promoting local agricultural and livestock products and their marketing,
(b) Ensuring easy access for consumers to local agricultural and livestock products,
(c) Creating an environment where farmers can sell their products directly to consumers from the farm or field,
(d) Promoting traditional agricultural markets and weekly markets (haat bazaars),
(e) Preserving local knowledge related to agricultural production and traditional food culture,
(f) Promoting agro-tourism by utilizing food produced at the local level. 17. Responsibility for Sustainable Management of Agricultural Land: (1) Subject to Federal and Provincial laws, the responsibility for sustainable management of agricultural land shall be of the Local Level.

(2) To fulfill the responsibility pursuant to sub-section (1), the Local Level shall carry out the following tasks:

(a) Preparing an inventory of agricultural land,
(b) Identifying fallow land and other land at the local level,
(c) Maintaining records of land identified pursuant to clauses (a) and (b),
(d) Updating land-related records,
(e) Performing or causing to perform other necessary work for the effective management of fallow land. 18. Operation of Targeted Agricultural Development Programs: (1) The Government of Nepal, Provincial Government, and Local Level shall formulate and implement targeted agricultural development programs for the protection of the rights and interests of Dalit, endangered, indigenous farmers, or landless farmers.

(2) Other arrangements relating to the program pursuant to sub-section (1) shall be as prescribed. 19.
Right to Food and Food Sovereignty Act, 2018

19. Mitigation of Effects Caused by Climate Change: The Government of Nepal shall make necessary arrangements to adopt preventive measures for the mitigation of adverse effects or risks that may occur to food production due to climate change. 20. Compensation to be Provided: (1) If any government institution, body, company, or firm recommends seeds, and cultivation is done according to the recommended method, procedure, or manner in the recommended area and time, or if seeds, methods, procedures, or fertilizers recommended by such institution, body, company, or firm are used in the recommended manner, and if someone's crop production fails or there is a substantial decrease in crop production, the institution, body, company, or firm that recommended such seeds, methods, procedures, or fertilizers shall provide compensation.

(2) Other arrangements relating to the compensation to be provided pursuant to sub-section (1) shall be as prescribed. Chapter-4

Implementation of the Right to Food

21. National Food Plan: (1) The Government of Nepal shall formulate a National Food Plan in coordination with the bodies of the Federation, Province, and Local Level related to food.

(2) While coordinating pursuant to sub-section (1), consultation shall be held with other governmental, non-governmental, or private-level bodies or institutions as necessary.

(3) The subjects to be included in the National Food Plan pursuant to sub-section (1) shall be as prescribed.

(4) While formulating the National Food Plan pursuant to sub-section (1), the indicators for measuring and monitoring progress made in the implementation of the right to food shall be taken as a basis.

(5) The Government of Nepal shall include subjects related to the right to food, food and nutritional security, and the promotion of the right to food sovereignty in periodic development plans. 22. Operation of Food and Nutritional Security Programs: The Local Level shall, each year, operate necessary programs as prescribed for food and nutritional security. 23. Indicators for Monitoring the Right to Food: (1) The Government of Nepal shall, in consultation with the Council and other concerned bodies, prepare monitoring indicators for the right to food and the right to food sovereignty to monitor the implementation of this Act.

(2) The rights monitoring indicators pursuant to sub-section (1) shall be made public for the information of the general public. 24. Food and Nutrition Education and Information: The Government of Nepal, Provincial Government, and Local Level shall disseminate information and educational material related to the right to food from time to time. 25.
Right to Food and Food Sovereignty Act, 2018

24. Food and Nutrition Education and Information: The Government of Nepal, Provincial Government, and Local Level shall disseminate information and educational material related to the right to food from time to time. 25. Research and Development of Scientific Technology: The Government of Nepal, Provincial Government, and Local Level shall make necessary arrangements for the study, research, and development of scientific technology necessary for the sustainable development of agriculture, enhancement of food production, or promotion of food and nutritional security. Chapter-5

Food Availability, Supply, and Distribution System

26. Food Storage and Stockpile Arrangements: The Government of Nepal and the Provincial Government shall make arrangements for food stockpiling as prescribed, to provide food for the purposes of Section 7, 9, or 10 and to meet the need for food during times of crisis. 27. Food Procurement: (1) Food required for storage and stockpiling pursuant to Section 26 shall be procured domestically.

(2) Notwithstanding anything contained in sub-section (1), if sufficient food is not available from domestic procurement, food may be imported. 28. Food Transportation and Distribution: The distribution process of food stockpiled and stored pursuant to Section 26 by the Government of Nepal and the Provincial Government shall be as prescribed. 29. Price Stability of Basic Food: The responsibility to maintain stability in the price of basic food shall be of the Government of Nepal. 30. Arrangements for Food Distribution: (1) The Government of Nepal, Provincial Government, and Local Level shall make arrangements for food distribution through fair price shops or public food distribution centers, as prescribed.

(2) While operating fair price shops or public food distribution centers pursuant to sub-section (1), special priority may be given to women's groups or agricultural cooperatives. 31. Public Disclosure of Details: (1) The Government of Nepal, Provincial Government, or Local Level shall prepare and update the following details relating to food distributed pursuant to this Chapter:

(a) Status of food stockpiled,
(b) Quantity of food stockpiled,
(c) Price of food,
(d) System of food distribution, and
(e) Type of food.

(2) The details pursuant to sub-section (1) shall be made public for the information of the general public. Chapter-6

National Food Council, Provincial Food Council, and Local Food Coordination Committee

32. Formation of National Food Council: (1) For the purpose of systematizing the work of protecting, promoting, and fulfilling the rights related to food security and food sovereignty, a National Food Council shall be formed as prescribed under the chairpersonship of the Minister of the Government of Nepal dealing with agriculture-related subjects.

(2) The functions, duties, and powers of the Council shall be as prescribed. 33.
Right to Food and Food Sovereignty Act, 2018

33. Monitoring and Supervision: (1) For the purpose of regularly monitoring and supervising the operation of the system of food availability, stockpiling, supply, and distribution, the Council may form a sub-committee or designate an inspection officer as prescribed.

(2) The sub-committee or officer monitoring or inspecting pursuant to sub-section (1) shall conduct the monitoring or inspection and submit a report thereof to the Council. 34. Provisions relating to Provincial Food Council: (1) For the protection, promotion, and fulfillment of rights under this Act at the provincial level, a Provincial Food Council shall be formed in each Province under the chairpersonship of the Minister dealing with agriculture subjects.

(2) Other provisions relating to the Provincial Food Council shall be as determined by the Provincial Government. 35. Functions, Duties, and Powers of Provincial Food Council: The functions, duties, and powers of the Provincial Food Council shall be as determined by the Provincial Government. 36. Local Food Coordination Committee: (1) For the purpose of protecting and promoting the right to food, food security, and the right to food sovereignty at the Local Level, and to facilitate the food supply and distribution system at the local level, a Food Coordination Committee shall be formed at the Local Level under the chairpersonship of the Mayor of the Municipality or the Chairperson of the Rural Municipality.

(2) The secretariat of the Local Food Coordination Committee shall remain in the concerned Municipality or Rural Municipality.

(3) Provisions relating to the formation, functions, duties, and powers of the Local Food Coordination Committee shall be as determined by the concerned Local Level. 37. May Form Sub-committee or Task Force or Expert Group: (1) The Council or the Provincial Food Council may, as necessary, form a sub-committee or task force or expert group to conduct its work.

(2) The terms of reference and working procedures of the sub-committee, task force, or expert group formed pursuant to sub-section (1) shall be as determined by the Council at the time of formation. 38. Delegation of Powers: The Council may delegate some of the powers vested in it to a sub-committee or any other officer-level employee of the Council, as necessary. 39. Provisions relating to Employees: The Government of Nepal shall provide the employees necessary for the smooth operation of the work of the Council. Chapter-7

Offenses and Penalties

40.
Right to Food and Food Sovereignty Act, 2018

39. Provisions relating to Employees: The Government of Nepal shall provide the employees necessary for the smooth operation of the work of the Council. Chapter-7

Offenses and Penalties

40. Offenses: If any person commits any of the following acts, he/she shall be deemed to have committed an offense under this Act:

(a) Depriving someone of access to essential food, causing serious harm or creating a situation of famine,
(b) Seizing, destroying, or misusing food items stockpiled and collected for the purpose of emergency assistance,
(c) Creating obstruction in the distribution of emergency food assistance,
(d) Creating organized or unorganized obstacles in the transportation, supply, distribution, and marketing of basic food items,
(e) Making someone homeless, thereby diverting them from their livelihood base,
(f) Failing to distribute food required to be distributed pursuant to Section 7 to the targeted class or backward class,
(g) Committing any other act contrary to this Act or the Rules made under this Act. 41. Investigation and Filing of Cases: (1) Investigation of cases under this Act shall be conducted by the Inspection Officer pursuant to Section 44.

(2) While investigating a case pursuant to sub-section (1), the Inspection Officer shall file the case in the concerned District Court within thirty-five days from the date of receipt of the complaint.

(3) While filing a case pursuant to sub-section (2), the Inspection Officer shall obtain the opinion of the Government Attorney. 42. Penalty: If any person commits an offense pursuant to Section 40, the penalty shall be as follows based on the severity of the offense:

(a) For committing or causing to commit an offense pursuant to clause (a) – imprisonment for up to ten years and a fine of up to ten lakh rupees,
(b) For committing or causing to commit an offense pursuant to clause (b), (c), or (d) – imprisonment for up to three years and a fine of up to three lakh rupees,
(c) For committing an offense pursuant to clause (e) – imprisonment for up to five years and a fine of up to five lakh rupees,
(d) For committing an offense pursuant to clauses (f) and (g) – imprisonment for up to one year and a fine of up to one lakh rupees. 43. Compensation: (1) If any person suffers any kind of harm or loss due to the commission of an offense under this Act, an application may be filed before the adjudicating officer for compensation for such harm or loss.

(2) The criteria for compensation to be provided pursuant to sub-section (1) shall be as prescribed. Chapter-8

Miscellaneous

44.
House of Representatives Member Election Act, 2017

Chapter-2

Electoral System

3. Electoral System: For the total number of two hundred and seventy-five members of the House of Representatives, the following electoral system shall be adopted:-

(a) The First-Past-The-Post electoral system for a total number of one hundred and sixty-five members,

(b) The proportional electoral system for a total number of one hundred and ten members. 4. First-Past-The-Post electoral system: Under the First-Past-The-Post electoral system, the candidate who obtains the highest number of votes on the basis of one seat per constituency shall be elected as a member of the House of Representatives. 5. Proportional electoral system: Under the proportional electoral system, considering the whole country as one constituency, votes shall be cast for parties, and candidates representing such party from the closed list shall be elected as members of the House of Representatives in proportion to the total number of votes obtained by each party. Chapter-3

Election Notice

6. Fixing of election date: (1) The Government of Nepal shall fix the date of election. Provided that, before fixing the date of election, the Government of Nepal shall consult the Commission.

(2) In case the House of Representatives is dissolved pursuant to Sub-article (7) of Article 76 of the Constitution, the President, on the recommendation of the Prime Minister, shall fix the date of election so that the election is completed within six months of the dissolution of the House of Representatives.

(3) If it is not possible to complete the election in a single phase on the date under Sub-section (1) or (2), separate dates may also be fixed to complete the election in two or more phases, starting the election from that date.

(4) The notice fixing the date of election pursuant to this Section shall be published in the Nepal Gazette. 7.
House of Representatives Member Election Act, 2017

7. Notice of election program: (1) After the notice fixing the date of election pursuant to Section 6 is published, the Commission shall publish a notice of the election program.

(2) The election program under Sub-section (1) must specify the date, time, and place for filing nomination papers of candidates, publishing the list of candidates whose nomination papers have been filed, filing complaints against candidates, scrutinizing nomination papers, publishing the list of nominated candidates, withdrawal of candidacy by candidates, publishing the final list of candidates, providing election symbols to candidates, and voting.

(3) The election program under Sub-section (1) must also include the program for submitting the closed list of candidates to the Commission for the election under the proportional electoral system, claiming and objecting to it, and publishing the final closed list of candidates.

(4) The election program under this Section shall be published in the Nepal Gazette.

(5) The relevant Election Officer shall publish the notice according to the election program published by the Commission under Sub-section (1) at the office of the Election Officer. Chapter-4

Chief Election Officer, Election Officer, Presiding Officer, and Other Staff

8. Appointment of Election Officer: (1) The Commission shall appoint one Chief Election Officer for each district and one Election Officer for each constituency to perform or cause to perform the tasks required to be done in an election in accordance with the Constitution, this Act, and federal law.

(2) While appointing the Election Officer under Sub-section (1), the Commission shall, on the recommendation of the Judicial Council, appoint the District Judge as the Chief Election Officer, and on the recommendation of the Judicial Service Commission, appoint at least a gazetted second class officer of the Nepal Judicial Service as the Election Officer.

(3) The Election Officer may appoint Assistant Election Officers and other staff in such number as prescribed by the Commission. 9. Duties, functions, and powers of Chief Election Officer: (1) It shall be the duty of the Chief Election Officer to coordinate and supervise the election-related work of the constituencies within the district assigned to him/her and to give necessary directions, subject to the directions of the Commission.

(2) The Chief Election Officer shall also exercise and perform the duties, functions, and powers of the Election Officer in the constituency assigned to him/her. 10.
House of Representatives Member Election Act, 2017

10. Duties, functions, and powers of Election Officer: (1) It shall be the duty of the Election Officer to perform or cause to perform all work and proceedings relating to conducting elections in the constituency assigned to him/her in a clean, impartial, and free manner in accordance with this Act, subject to the directions of the Commission and the Chief Election Officer.

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

(3) The Election Officer may delegate his/her authority to staff assigned for election work as required. Provided that the authority to scrutinize nomination papers, approve or reject nomination papers, and declare the final result of the counting of votes shall not be delegated.

(4) The Election Officer may assign or engage employees of the Government of Nepal, Provincial Government, and Local Level, employees of entities owned or controlled by the Government of Nepal or Provincial Government or operated with grants from the Government of Nepal or Provincial Government, or teachers or employees of universities or community schools, for any election-related work. Provided that while assigning employees or teachers in this manner, in the case of an employee, they shall be assigned to a ward other than the relevant ward of the place where his/her home address is situated, and in the case of a teacher, they shall be assigned to a ward other than the relevant ward of the place where he/she works and where his/her home address is situated. 11. Appointment of Presiding Officer: (1) The Election Officer may appoint employees of the Government of Nepal, Provincial Government, and Local Level, employees of entities owned or controlled by the Government of Nepal or Provincial Government or operated with grants from the Government of Nepal or Provincial Government, or teachers or employees of universities or community schools, as Presiding Officers or Assistant Presiding Officers. Provided that while appointing Presiding Officers or Assistant Presiding Officers in this manner, in the case of an employee, they shall be appointed to a ward other than the relevant ward of the place where his/her home address is situated, and in the case of a teacher, they shall be appointed to a ward other than the relevant ward of the place where he/she works and where his/her home address is situated.

(2) The Presiding Officer and Assistant Presiding Officer appointed under Sub-section (1) must complete all work relating to conducting voting in a clean, impartial, and free manner as specified by this Act and the rules made or orders issued under this Act.

(3) Other duties, functions, and powers of the Presiding Officer and Assistant Presiding Officer shall be as prescribed. Chapter-5

Candidates and Nomination Papers

12.
House of Representatives Member Election Act, 2017

Chapter-5

Candidates and Nomination Papers

12. Qualification of candidate: A person must fulfill the following qualifications to be a candidate in an election:-

(a) A citizen of Nepal,

(b) Whose name is included in the electoral roll,

(c) Who has completed the age of twenty-five years,

(d) Who is not disqualified by any federal law, and

(e) Who does not hold a position of profit. Explanation: For the purpose of clause (e), "position of profit" means, excluding a political position filled by election or nomination, any other position that receives remuneration or financial benefits from any government fund. 13. Disqualification of candidate: Notwithstanding anything elsewhere contained in this Act, the following persons shall be deemed disqualified to be a candidate in an election:-

(a) Who does not possess the qualification under Section 12,

(b) Who is currently employed on a remunerative basis in the Government of Nepal, Provincial Government, or Local Level, or in entities owned or controlled by the Government of Nepal, Provincial Government, or Local Level, or in entities receiving grants from the Government of Nepal, Provincial Government, or Local Level,

(c) Who has been sentenced under the prevailing law relating to elections and two years have not elapsed from the date of serving such sentence,

(d) Who has been sentenced for an offense relating to corruption, rape, human trafficking and transportation, sale, distribution, export or import of narcotic drugs, money laundering, misuse of passport, kidnapping, or other criminal offenses involving moral turpitude, or has been sentenced to life imprisonment or imprisonment for twenty years or more for any offense, and such judgment has become final,

(e) Who has been sentenced to imprisonment for an offense relating to organized crime or sentenced to imprisonment for less than twenty years for an offense relating to culpable homicide, and six years have not elapsed from the date of serving such sentence,

(f) Who has been sentenced to imprisonment for an offense relating to caste-based discrimination and untouchability, witchcraft, or polygamy, and three years have not elapsed from the date of serving such sentence,

(g) Who has been sentenced to imprisonment for five years or more for an offense other than those mentioned in clauses (d) and (e), and six years have not elapsed from the date of serving such sentence,

(h) Who is on the blacklist pursuant to prevailing law, for the duration of that period,

(i) Who is in custody, for the duration of custody,

(j) Who is of unsound mind. 14. Not to be a candidate twice: (1) In an election held under the First-Past-The-Post electoral system, a person may file candidacy for only one constituency at a time.
House of Representatives Member Election Act, 2017

14. Not to be a candidate twice: (1) In an election held under the First-Past-The-Post electoral system, a person may file candidacy for only one constituency at a time. If any person becomes a candidate in more than one constituency in that manner, the Commission shall cancel his/her candidacy in all constituencies.

(2) A person whose name is included in the closed list for the proportional electoral system shall not be a candidate for the First-Past-The-Post electoral system, and the name of a person who has become a candidate for the First-Past-The-Post electoral system shall not be included in the closed list for the proportional electoral system.

(3) If the name of the same person is included in the closed list of more than one party for the proportional electoral system, the Commission shall remove such person's name from the closed lists of all such parties.

(4) In case the date of election for the House of Representatives and the Provincial Assembly is fixed to be held on the same date, if any person becomes a candidate in the election for both the House of Representatives and the Provincial Assembly, the Commission shall cancel his/her candidacy for both elections. 15. Decision on disqualification of candidate: (1) If, after the nomination for candidacy for a member has been filed but before the election result is declared, anyone believes that a candidate is or has become disqualified, a complaint may be filed with the Commission through the relevant Election Officer with clear evidence.

(2) If a complaint is received under Sub-section (1), the Election Officer may give such candidate a period of seven days to submit an explanation regarding the matter.

(3) After receiving the explanation under Sub-section (2), or if no explanation is received within the period, the Election Officer shall, mentioning the same, forward the complaint filed under Sub-section (1) and related documents to the Commission as soon as possible.

(4) After receiving the documents along with the complaint under Sub-section (3), the Commission may, if it wishes, inquire with the relevant candidate or request further evidence on the matter.

(5) The Commission shall, upon examining the documents along with the complaint received from the Election Officer under Sub-section (3), decide on the disqualification of the candidate within seven days from the date of receipt of the complaint.

(6) The procedure to be adopted while deciding on the disqualification of a candidate under Sub-section (5) shall be as determined by the Commission.

(7) Notwithstanding anything elsewhere contained in this Section, the mere fact that the Commission has not yet decided on the disqualification of a candidate under this Section shall not affect the work and proceedings of such election. 16.
House of Representatives Member Election Act, 2017

16. Vacating of office: (1) If a person elected to the office of a member is adjudged by a Court to be disqualified under Section 13, he/she shall be vacated from such office.

(2) The Commission shall inform the person concerned about the vacation of office under Sub-section (1).

(3) Provisions relating to filing a complaint in the Court regarding the disqualification of a person elected to the office of a member shall be as prescribed.

(4) A notice of vacation of the office of member under Sub-section (1) shall be published in the Nepal Gazette. 17. Calculation of age of candidate: In calculating the age of a candidate to be a candidate in an election, in the case of the First-Past-The-Post electoral system, the candidate must have completed the age of twenty-five years by the date of filing the nomination paper, and in the case of the proportional electoral system, the candidate must have completed the age of twenty-five years by the date of submitting the closed list of candidates. 18. Nomination of candidate: (1) A person not disqualified under Section 13 may be a candidate in an election or may be nominated as a candidate as prescribed.

(2) While nominating a candidate under Sub-section (1), there must be one proposer and one seconder. Such proposer and seconder must be persons whose names are registered in the electoral roll of the same constituency.

(3) In case a person is proposed as a candidate under Sub-section (2), such candidate must give his/her consent in writing and affix his/her signature on the nomination paper.

(4) In relation to a candidate set up by a political party, an official letter issued by the authority under Sub-section (1) of Section 19 from such party must be submitted along with the nomination paper.

(5) The authority under Sub-section (4) shall also send a copy of such official letter given to the candidate to the Election Officer.

(6) If the nomination paper is filed without complying with the procedure under Sub-section (4), such candidate shall not be recognized as a candidate of that party.

(7) A person may be nominated for election by means of a maximum of two nomination papers. 19.
House of Representatives Member Election Act, 2017

19. Provision relating to authority to provide official letter of nomination: (1) To provide the official letter of nomination of candidates from its side, a political party shall designate an office bearer of its central executive committee or a committee equivalent to it.

(2) The name, surname, position, and specimen signature of the office bearer under Sub-section (1) must be certified by an office bearer of the central executive committee or a committee equivalent to it designated by the central executive committee or such equivalent committee, and provided to the Commission within the period prescribed by the Commission prior to the date of filing nomination papers for candidates.

(3) The Commission shall send the details including the specimen signature under Sub-section (2) to the relevant Election Officer before the date fixed for filing nomination papers. 20. Registration of nomination paper: (1) The nomination paper of a candidate must be submitted to the relevant Election Officer by the candidate himself/herself or by his/her representative or proposer or seconder.

(2) The Election Officer shall examine whether the nomination paper submitted under Sub-section (1) is in order in accordance with this Act, and if it is in order, register it and give a receipt thereof to the person bringing it for registration.

(3) If a person brings a nomination paper for registration that has no proposer or seconder, or the proposer or seconder is the same person, or there is no receipt of deposit of security amount under this Act, or there is no signature of the proposer, seconder, or the person to be a candidate, or other procedures are not fulfilled, the Election Officer shall have the deficiencies corrected and register such nomination paper. If any person wishes to get the nomination paper registered without correcting the deficiencies in this manner, the Election Officer shall mention the same on the nomination paper and give notice thereof to the person bringing the nomination paper for registration.

(4) Other documents to be submitted along with the nomination paper shall be as prescribed.

(5) After the time for filing nomination papers has expired, the Election Officer shall publish, at the date, time, and place specified in the notice of the election program, a list of candidates whose nomination papers have been registered. 21. May claim and object: A candidate or his/her representative who wishes to claim or object to the eligibility of any candidate whose nomination paper has been registered under Section 20 may file a complaint with the Election Officer at the date, time, and place specified in the notice of the election program. 22.
House of Representatives Member Election Act, 2017

22. Scrutiny of nomination paper: (1) While scrutinizing the nomination paper registered under Section 20, the candidate or his/her representative, proposer, or seconder must be present at the date, time, and place specified in the notice of the election program.

(2) The Election Officer shall scrutinize the nomination papers of all candidates in the presence of the persons mentioned in Sub-section (1). Provided that this Sub-section shall not be deemed to prevent the scrutiny of nomination papers and passing of a decision on that matter according to law, even if any candidate, his/her proposer, seconder, or representative who was required to be present is absent.

(3) The Election Officer may suspend the proceedings relating to the scrutiny of nomination papers to be conducted under this Section in the following circumstances, and shall inform the Commission of the suspension of the proceedings relating to the scrutiny of nomination papers:-

(a) If a riot or other abnormal situation arises at the place during the time of scrutiny of nomination papers, or

(b) If a situation beyond control arises due to a natural disaster.

(4) If the proceedings relating to the scrutiny of nomination papers are suspended under Sub-section (3), the Election Officer shall, on the basis of any directions given by the Commission, fix a time and place and conduct the scrutiny of nomination papers as soon as possible.

(5) Other provisions relating to the scrutiny of nomination papers shall be as prescribed. 23. Grounds for rejection of nomination paper: (1) The nomination paper shall be rejected in the following circumstances:-

(a) If the candidate does not possess the qualification under the Constitution and this Act,

(b) If there is no consent of the person to be a candidate, or there is no signature of him/her or his/her proposer and seconder, or the signature is forged,

(c) If the nomination paper is not registered within the time specified under Sub-section (2) of Section 7,

(d) If the nomination paper is not filed as per Sections 18, 19, and 20,

(e) If the security amount is not deposited under Section 70,

(f) If other procedures under this Act are not fulfilled.

(2) If a candidate whose name is included in the closed list for the proportional electoral system becomes a candidate for the First-Past-The-Post electoral system, contrary to Sub-section (2) of Section 14, his/her nomination paper for the First-Past-The-Post electoral system shall be rejected. 24. List of candidates: After completing the scrutiny of nomination papers, the Election Officer shall prepare a list of candidates according to the nomination papers that are found to be in order in accordance with law, and publish a copy thereof at his/her office. 25.
House of Representatives Member Election Act, 2017

24. List of candidates: After completing the scrutiny of nomination papers, the Election Officer shall prepare a list of candidates according to the nomination papers that are found to be in order in accordance with law, and publish a copy thereof at his/her office. 25. Withdrawal of candidacy: (1) If a candidate for the First-Past-The-Post electoral system wishes to withdraw his/her name from the list of candidates, he/she may withdraw his/her name by giving written notice to the Election Officer within the time specified under Sub-section (2) of Section 7.

(2) The notice of withdrawal of name under Sub-section (1) must be filed by the candidate himself/herself or his/her representative.

(3) Once the notice of withdrawal of name under Sub-section (1) has been filed with the Election Officer, such notice shall not be canceled or withdrawn.

(4) If the Election Officer is satisfied with the notice filed under Sub-section (1) or (2), he/she shall remove the name of such candidate from the list of candidates. The Election Officer shall immediately publish the notice of such removal of name at his/her office.

(5) If the office bearer designated under Sub-section (1) of Section 19 to provide the official letter of nomination of candidates from a party sends a written communication to the Election Officer within the time specified under Sub-section (2) of Section 7 to withdraw the name of any candidate who has filed candidacy from such party, such candidate shall not be retained as a candidate. 26. Final list of candidates: (1) After the time specified for withdrawal of name under Sub-section (2) of Section 7 has expired, the Election Officer shall prepare a list of remaining candidates and immediately publish a copy thereof at his/her office and send a copy thereof to the Commission.

(2) The names of candidates in the list under Sub-section (1) shall be written according to the Nepali alphabetical order, and if a candidate is nominated from a party, the name of such party shall also be mentioned in the address of the candidate. 27. Elected unopposed: If only one candidate remains in any constituency under the First-Past-The-Post electoral system, the Election Officer shall declare such candidate elected unopposed to that seat. 28.
House of Representatives Member Election Act, 2017

27. Elected unopposed: If only one candidate remains in any constituency under the First-Past-The-Post electoral system, the Election Officer shall declare such candidate elected unopposed to that seat. 28. Preparation of closed list of candidates: (1) A party wishing to participate in the election held under the proportional electoral system must prepare a closed list of candidates representing its party.

(2) While preparing the closed list of candidates under Sub-section (1), the party must prepare the closed list so as to field candidates for at least ten percent of the total number of members to be elected under the proportional electoral system.

(3) While preparing the closed list of candidates, the party must include the names of at least fifty percent of the total candidates as women.

(4) While preparing the closed list of candidates, the party shall not include the names of more candidates than the total number of members determined for the proportional electoral system.

(5) While preparing the closed list of candidates under this Section, the party must prepare it in accordance with the inclusive principle, taking into account geographical and regional balance, ensuring representation of Dalit, Indigenous Peoples (Janajati), Khas Arya, Madhesi, Tharu, and Muslim communities as mentioned in Schedule-1 on the basis of population.

(6) While preparing the closed list of candidates, the party must ensure representation of backward regions and persons with disabilities.

(7) While preparing the closed list of candidates, the party must prepare it in the prescribed format in such a way that candidates included under each inclusive basis under Sub-section (5) are identifiable separately.

(8) The party must submit the closed list of candidates prepared under this Section to the Commission within the time specified under Sub-section (3) of Section 7.