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Chapter 10 Miscellaneous

Chapter 10 Miscellaneous
30. Not to provide Affiliation: The Academy shall not provide an affiliation to any educational institution.
31. May contain other institution:

(1) In case, any operated institution relating to Health Sciences established as per prevailing law desires
to contain with the Academy, the Academy may contain such institution.
(2) The basis and process of contain of the institution pursuant to Sub-section (1) shall be as prescribed.

32. To Act in Accordance with National Health and Education Policy: It shall be the duty of the Academy to act in accordance with the National Health and Education Policy approved by Government
of Nepal.
33. Provision relating to Reservation: (1) The Academy shall manage the reservation of at least Ten percent of the total student to be admitted in every educational calendar to women, dalit, adibasi/janjati, madhesi and backward area student who passes School Leaving Certificate from Community School residing in  remote (village) area.
(2) The student shall be selected for reservation as referred to in Sub-section (1) on competition.
34. Priority shall be provided in student admission: (1) The Academy shall provide priority on the Bachelors Degree of the Academy to Assistant Level employee of Health Service who passes  School Leaving Certificate and Proficiency Certificate in Health Sciences subjects and serve in the Health Post of remote area for the prescribed period.
(2) The employee to be admitted pursuant to Sub-section (1) shall have to fulfill the standard prescribed by the Nepal Medical Council.
35. Scholarship shall be provided:

(1) The Academy shall provide full scholarship at least Fifteen percent of the total student to be
admitted in every educational calendar to poor students.
Explanation: For the purpose of this Section “Poor” means the student who studied and passed School Leaving Certificate from Community School and recommended as poor from Village Development Committee or Municipality on prescribed grounds.
(2) The Fifteen percent as referred to in Sub-section (1) shall count as cent percent and only Fourty-five percent of such cent percent scholarship shall be provided to women, dalit, adibasi/janjati, madhesi and backward area student.
(3) The Academy may provide partial scholarship to poor student.
(4) The grounds of providing scholarship as referred to in Subsections (1), (2) and (3) shall be as prescribed.
(5) Any institution or association may provide scholarship to any student to study in the Academy.
36. To serve (work) in the prescribed place: (1) The Nepali student who studies in the Academy in the scholarship as per this Act shall have to serve in the Health Post of the remote area for at least Four  years who received full scholarship and for at least Two years who received partial scholarship.
(2) If an institution or association prescribed a condition to the Nepali student studied in the scholarship provided by such institution or association to serve in a place for prescribed period, he/she shall have to serve as per such condition and if such condition is not prescribed one shall has to serve pursuant to Sub-section (1).
(3) The student, admitted in the Academy in priority as
referred to in Section 34, shall have to work at least Two years in the
Health post of remote area as prescribed by the Government of
Nepal.
(4) The Academy shall award permanent educational certificate to Nepali student when one serves full time as referred to in Sub-sections (1), (2) and (3) who studied in priority or scholarship pursuant to Sections 34 and 35.
(5) The Academy may make necessary arrangements to the Nepali students to encourage to serve in the Health Post of remote areas after their study besides the student who studied in priority or scholarship pursuant to Sections 34 and 35.
37. Annual report: (1) The Academy shall submit its annual report stating its functions and activities within a year to the Government of Nepal within Three months of the expiry of every fiscal year.
(2) The report as referred to in Sub-section (1) shall include brief details of the functions performed with in a year and achievements of the Academy in addition to other details.
38. Delegation of powers: (1) The Senate may delegate any of the powers conferred to it under this Act to the Academic Council,   Executive Council or the Vice-Chancellor.
(2) The Academic Council, Executive Council or Service Commission may delegate any of the powers conferred to it under this Act to any Officials or any subordinate bodies.
39. Act not to be invalid: Where an act has been done after the vacancy of a post of any official or member of the Academy or on occurrence of any error in the appointment of official or member,
such act of the Academy shall not be invalid merely on such ground.
40. May provide Direction: The Government of Nepal may give direction in relation of the functions and activities of the Academy and the Academy shall have a duty to abide by such direction.
41. Liaison with Government of Nepal: Ministry of Health and Population shall liaison the Academy with the Government of Nepal. 42. Oath to be taken: The Officials of the Academy shall have to take
an oath prior to holding the office in the prescribed format.
43. Employee may remain in the Academy: (1) If an employee of the Nepal Health Service serving in the Hospital at the time of commencement of this Act desires to serve in the Hospital, he/she shall submit an application with in Six months of the commencement of Service Rules framed hereunder to the Ministry of Health and Population.
(2) If the Government of Nepal provides an approval to remain as an employee of the Academy to the employee who submits an application pursuant to Sub-section (1), he/she shall be deemed to be an employee of the Academy.
(3) The period served in the Health Service by an employee who wants to remain as an employee of the Academy pursuant to  Sub-section (2) shall be counted as a service period of the Academy.
44. Power to Frame Rules: For the implementation of the objectives of this Act, the Academy may frame necessary Rules. Provided that, consent of the Government of Nepal shall be obtained while making Rules on matters involving financial burden on the Government of Nepal.
45. Repeal and Savings:

(1) The Patan Hospital Development Committee (Formation) Order, 2063 (2007) is, hereby, repealed.
(2) All functions and proceedings performed as per Order pursuant to Sub-section (1) shall be deemed to have been performed
under this Act.
(3) The movable, immovable property, transactions, loans, assets as well and rights and obligations as per Order pursuant to Sub-section (1) shall deemed to have been devolved on the
Academy.
(4) The teachers and employee served in the Development Committee pursuant to Sub-section (1) shall be deemed to have been transferred in equal post and level of the Academy.
(5) The Committee constituted as per the Order pursuant to Sub-section (1) shall carry out functions of the Hospital
Management Committee till the constitution of the Hospital Management Committee pursuant to this Act.

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