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Chapter-8 Miscellaneous

  1. To provide disability friendly service: While providing services including family planning, reproductive health, safe motherhood, safe abortion, emergency obstetric and newborn care, morbidity under this Act, such services shall have to be adolescent and disability friendly.
  2. Not to discriminate: No one shall discriminate on the right to get monthly services including family planning, reproductive health, safe motherhood, safe abortion, emergency obstetric and newborn care, morbidity on the ground of one’s origin, religion, color, caste, ethnicity, sex, community, occupation, business, sexual and gender identity, physical or health condition, disability, marital status, pregnancy, ideology, state of being infected with or vulnerable to any disease or germ, state of morbidity, personal relationship or any other similar ground.
  3. Provision of protection home: For the protection of reproductive health of a woman who is mentally disabled, neglected from the house, family or relatives or raped, the Federal, Provincial and Local Levels shall have to make arrangement with reciprocal coordination for keeping such a woman in a protection home.
  4. To give directives: (1) The Ministry may give necessary directives to health institutions to provide service of reproductive health.

(2) It shall be the duty of the concerned health institution to comply with the directives received pursuant to sub-section (1).

  1. Service charge: (1) The governmental health institution or health institution that receives government grants shall have to provide free reproductive health service.

(2) Private, non-governmental and community health institutions may take service charge as prescribed for providing reproductive health service.

(3) Notwithstanding anything contained in sub-section (2), private, non-governmental and community health institutions and health workers shall have to make the service easily available, and provide free service (quota) as prescribed for the person who is unable to pay the service charge.

  1. Obstetric allowance: The Government of Nepal shall have to provide the extremely destitute woman who delivers baby with obstetric allowance as prescribed.
  2. Saving of act done in good faith: Notwithstanding anything contained elsewhere in this Act, no legal action shall be instituted against any health institution and health worker for any matter of the reproductive health service provided in good faith.
  3. Authority to try cases: (1) The concerned District Court shall have the authority to originally adjudicate the cases of the offence under this Act.

(2) A person who is not satisfied with the punishment or order made by the District Court pursuant to sub-section (1) may make an appeal in the concerned High Court.

  1. Government of Nepal to become plaintiff: (1) The Government of Nepal shall become the plaintiff in the cases referred to in Section 25.

(2) The cases referred to in Section 25 shall be deemed to have been included in Schedule-1 of the National Criminal Procedure Code, 2074 (2017).

  1. Limitation: No complaint shall lie after the expiry of six months from the date of knowledge of the commission of any offence under this Act.
  2. To be in accordance with prevailing law: The matters contained in this Act shall be governed by this Act and the matters not contained in this Act shall be in accordance with the prevailing law.
  3. Power to frame rules: The Government of Nepal may frame necessary rules in order to implement this Act.
  4. To issue directives: The Ministry may frame and implement the necessary directives subject to this Act and the rules framed under this Act.