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Author: Rojina

Trade Union Act, 2049 (1992)

Trade Union Act, 2049 (1992)”
Date of Authentication and publication
11Mangsir 2049 ( Nov 26, 1992)
1. Trade Union (First Amendment) Act, 2055 (1999) 17 Chaitra 2055 (March 31, 1999)
Act No. 37 of the year 2049 B.S.
A Act made to provide for the management of trade union
Preamble : Whereas it is expedient to make legal provision regarding registration, operation of
Trade Union and other necessary provisions relating to it for the protection and promotion of
professional and occupational rights ♣ of the persons engaging in self-employment and the workers
working in various industry, trade, profession or service in Enterprises or outside the Enterprises.
Now, the parliament has made this Act in the 21
st
year of the reign of His Majesty’s
King Birendra Bir Bikram Shah Dev

CHAPTER – 1 

CHAPTER – 1 Preliminary
1. Short title and commencement:

(1) This Act may be called “Trade Union Act, 2049 (1992)”.
(2) This Act shall come into force on such date as the Government of Nepal may by a notification published in the Nepal Gazette, specify.
2. Definitions : In this Act, Unless the subject or context otherwise requires :-
(a) ” Enterprise” means an Enterprise established pursuant to Clause (b) Section 2 of the Labour Act, 2048 (1991).
♣ (b) “Worker” means the worker engaged in various industry, trade, profession or service in the Enterprises or outside the Enterprises on permanent, temporary, agreement, daily wages, piece-rate or contract basic or working
thereunder and the Agriculture Labourer, and this term also includes the other personnel and the person engaged at self-employment, except those

It came into force on 2050.7.2 (Oct ,18, 1993) by a notification published in the Nepal Gazette
personnel who are working at the Manager or Proprietor level and who are working as the chief of its department, branch, sub-branch and unit.
(b1) “Agriculture Labourer” means the person who earns his/her livelihood by working on wages or paid Labour in agriculture sector”.
(c) “Manager” means the Manager appointed pursuant to Clause (f) Section 2 of the Labour Act, 2048 (1991) .
(d) “Trade Union” means the Enterprise level Trade Union registered under this Act for the protection and promotion of the occupational rights of the workers and this expression shall also includes Trade Union Association and Trade Union Federation.
(e) “Enterprise level Trade Union” means the Enterprise level Trade Union registered pursuant to Section 3.
(f) “Trade Union Association” means the Trade Union Association registered
pursuant to Section 4
(g) “Trade Union Federation” means the Trade Union Federation registered
pursuant to Section 5.
(h) “Authorized Trade Union” means the Enterprise level Trade Union
recognized pursuant to Section 11 to protect the rights of workers through
collective bargaining with the management.
(i) “Working Committee” means the working committee constituted under the
statute of the Trade Union.
(j) “Member” means the worker of the concerned Enterprise who has taken
membership of the Enterprise level Trade Union.
(k) “Official” means the Chairperson, Vice-Chairperson , General Secretary and
Treasurer of the working committee and the expression shall also includes
the member of the working committee.
(l) “Registrar” means the registrar appointed pursuant to Section 4 and this expression shall include the officer authorized to use the registrar’s power by Government of Nepal in a notification published in the Nepal Gazette.
(m) “Register Book” means the Register book maintained pursuant to Section 16 for the registration of Trade Union.
(n) “Labour Court” means the Labour Court pursuant to Labour Act, 2048 (1991).
(o) “Prescribed” or as prescribed” means prescribed or as prescribed in the Rules framed or the order issued by Government of Nepal in a notification published in the Nepal Gazette

CHAPTER – 2

CHAPTER – 2  Registration of Trade Union
3. Registered of Enterprise Level Trade Union:

(1) The workers of concerned  Enterprise may constitute an Enterprise Level Trade Union to protect and
promote their occupational rights.
(2) In order to register an Enterprise Level Trade Union constituted pursuant to Sub-section (1), an application in the prescribed form signed by at least ten members of the Trade Union as designated by the working committee along with the Constitution of the Trade Union, prescribed fee and other prescribed particulars
shall submit to the Registrar.
(3) The Registrar shall after receiving an application pursuant to Sub-section
(2) if finds complied with the Act, shall register the Trade Union within 15 days from the date of receipt of application or from the date of receipt of additional particulars as requested pursuant to Section 6 and provide certificate to the applicant in the prescribed form.
(4) Notwithstanding anything contained in Sub-section (3), the Enterprise Level Trade Union shall not be registered if at least twenty five percent workers of the concerned Enterprise are not members.
(5) No workers shall be eligible to be member of more than one 4
Enterprise Level Trade Union at the same time.
4. Registration of Trade Union Association:

(1) At least fifty enterprise Level’s Trade Union or  five thousand Agriculture Labourers of at least twenty districts
comprising one hundred persons from each district or Five thousand workers of similar nature Enterprise, may constitute a Trade Union Association by mutual agreement.
(2) Notwithstanding anything contained in Sub-section (1) ♣ at least five hundred workers or self-employees working in industry, trade, profession or service occupation from outside the enterprise may constitute Trade Union Association by mutual agreement.
Provided that, only a maximum of four associations constituted under this Sub-section shall be counted for the purpose of constituting of a Federation pursuant to Section 5.
(3) In order to register a Trade Union Association constituted pursuant to Sub-section (1), an application in the prescribed form by the official as designated by the working committee, along with a copy of mutual agreement, the statute of the trade unions, prescribed fee and other prescribed particulars shall submit to the Registrar.
(4) The Registrar shall after receiving an application pursuant to Sub- section (2) if finds complied with the Act, register the Trade Union Association within fifteen days from the date of receipt of the application or from the date of receipt of additional particular as requested pursuant to section 6 and provide certificate to the applicant in the prescribed form.
(5) Notwithstanding anything contained in the Sub-section (1), no trade union of the Enterprise shall be eligible to be member of more than one Trade Union Association at a time;
(6) After the registration of a Trade Union Association pursuant to Sub- section (4) its registration shall remain valid for one year even if the number of member of such Trade Union Association declines upto 10 percent.

5. Registration of the Trade Union Federation:

(1) At least ten Trade Union Association may constitute a Trade Union Federation by mutual agreement.
(2) In order to registrar a Trade Union Federation pursuant to Subsection (1) an application in the prescribed form by the official as designated by the working committee along with a copy of mutual agreement, statute of the Trade
Union Federation, prescribed fee and other particulars shall submit to the Registrar.
(3) The Registrar shall after receiving an application pursuant to Sub- section (2) if finds compiled with the Act shall register the Trade Union Federation within fifteen days from the date of receipt of the application or from the
date of receipt additional particulars as requested pursuant to Section 6, and provide certificate to the applicant in the prescribed form.
(4) Notwithstanding anything contained in Sub-section (1) , no Trade Union Federation shall be eligible to be member of more than one Trade Union Federation at a time.
(5) After the registration of a Trade Union Federation pursuant to Sub-section (3) its registration shall remain valid for one year even if the number of member of such Trade Union Federation declines upto 10 percent.

6. Additional particular may be demanded:

(1) Regarding the registration of a Trade Union if the Registrar considers additional particular necessary, he/she may
request the required particulars within 7 days from the date of receipt of the application for the registration of Trade Union .
(2) Notwithstanding anything contained in Section 3, 4 and 5 no Trade Union Shall be registered unless the particulars request pursuant to Sub-section
(1) have been received.
7. Refusal of Registration: The Registrar may refuse to register a Trade Union in the following circumstance:
(a) If necessary particulars are not attached with the application.
(b) if at least 25 percent worker of the concerned Enterprise are not the member
of the Enterprise Level Trade Union.
(c) If the name of the Trade Union coincides with the name of Trade Union
which has already been registered.
(d) If the particulars mentioned in Section 10 are not being included in the of
the statute of Trade Union .
7A. Renewal of Trade Union s:

(1) A Trade Union of Enterprise level shall be required to be renewed in every two years and a Trade Union Association and Trade Union Federation in every four years.
(2) Other provisions relating to the renewal of Trade Unions shall be as prescribed

CHAPTER – 3

CHAPTER – 3  Operation, Management and Recognition of the Trade Union
8. Autonomous and Corporate body:

(1) The Trade Union shall be an autonomous and Corporate body having perpetual succession.
(2) The Trade Union Shall have a seal of its own to carry out its activities.
(3) The Trade Union may acquire, posses, dispose or manage by other means
of its movable and immovable property as a person.
(4) The Trade Union may sue or be sued under its name as a person.

9. Objectives:

(1) The Objectives of the Trade Union shall be as follows:
(a) To engage in economic and social development of the workers by improving their working conditions .
(b) To make an effort to establish good relationship between worker and management.
(c) To assist in the development of Enterprise by increasing the productivity of Enterprise.
(d) Try to make the workers dutiful and disciplined.
(2) In addition to the objectives mentioned in Sub-section (1), the Trade Union Association and the Trade Union Federation shall have the following objectives:-
(a) To conduct activities providing education to the worker.
(b) To establish relation with International institutions for the benefit of the workers.
(c) To provide necessary advice to Government of Nepal in formulating the Labour Policy.
(d) AS required to conduct workshops, seminar etc and publish facts and figures beneficial to the workers.
(e) In order to protect and promote the rights and interest of the workers negotiate with Government of Nepal and take other necessary measures subject to the prevailing law.

9A. Functions, Duties and Powers of Trade Union: In addition to the functions, duties and powers referred to in its Statute of a Trade Union, the other functions, duties and powers of a Trade Union shall be as follows:-
(a) To carry out and cause to be carried out the activities and programmes as required for the achievement of the
objectives of the Trade Union as referred to in Sub-section (1) of Section 9
(b) To require its members to participate in the election of the Authorized Trade Union of Enterprise level,
(c) To require the workers of an Enterprise to abide by the decisions of the Authorized Trade Union of Enterprise level.

9b. Functions Duties and powers of Trade Union Association and Trade Union Federation: In addition to the functions, duties and powers referred to in their Statute of the Trade Union Association and Trade Union Federation, the other functions, duties and powers of the Trade Union Association and Trade Union Federation shall be as follows:-
(a) To carry out and cause to be carried out the acts and proceedings and programmes as required for the achievement of the objectives of the Trade Union Association and Trade Union Federation as referred to
in sub- section (2) of Section 9,
(b) To require their members to participate in the elections of Trade Union Association and Trade Union Federation,
(c) To require their members to abide by the decisions of the Trade Union Association and Trade Union Federation.
(d) To take necessary measures in order to resolve the Labour disputes by entering into negotiations with Government of Nepal, with professional associations and federations of various types as well as  with the Enterprises, representing the entire workers on policy level labour disputes,
(e) To negotiate with the concerned Enterprise and Managers on behalf
of the Trade Union of Enterprise level,
(f) To establish and operate various types of funds for the benefit and
welfare of the workers,
(g) To make public the facts of oppression committed against a worker
and Trade Union and to make aware the concerned Enterprise of
such acts, as required.
10. Statute : (1) The following particulars shall be included in the statute of the Trade
Union:-
(a) Name and address of Trade Union;
(b) Objective of the establishment of Trade Union;
(c) Procedure of the formation of the working committee as well as the
term of office to be a maximum period of four years;
(d) General Membership, the number of officials and the mechanism
(process) of their election;
(e) Provision that only a worker, who is a Nepali Citizen and having
served continuously for one year to be elected for the official post;
(f) Provision regarding fund of the Trade Union and its auditing;
(g) Provision regarding inspection and examination of the account of the
Trade Union.
(h) Provision to bring the vote of no confidence against the officials;
(i) Provision regarding functions, duties, powers and meeting of the
working committee and the General Meeting of the Trade Union.
(j) The Procedure of amendment of the statute of Trade Union;
(k) Provision regarding dissolution of the Trade Union;
(l) Provision regarding liability and assets of the Trade Union after its
dissolution.
(2) If any amendment is made in the statute of the Trade Union, the
concerned ♣ Trade Union shall inform the Registrar with a copy of such amendment
within 35 days after such amendment has been made and approval of such
amendment have to taken from the Registrar.
11. Recognition of the Authorized Trade Union: (1) The Authorized Trade Union
shall be recognized for the collective bargaining with the management on behalf of
the workers of authorized enterprise level Trade Union.
? (1a) where only one Trade Union is registered in any Enterprise, the
Trade Union registered earlier shall be recognized as the Authorized Trade Union
if another Trade Union is not registered within three months from the date of such
registration.
? (1b) In reckoning the time period of three months as referred to Sub-
section (1a), it shall be reckoned from the date of commencement of this Act.
(2) The Authorized Trade Union recognized pursuant to Sub-section (1)
shall inform to the Registrar and the Manager within fifteen days after such
recognition has been extended.
(3) The Registrar shall provide the certificate of Authorised Trade Union
as prescribed within 15 days from the date of receipt of notice pursuant to Sub-
section (2).
? (4) The procedures relating to the election of the Authorised Trade
Union shall be as prescribed.
12. Presentation of Claim: (1) Notwithstanding anything contained in Section 74 (1)
in the Labour Act, 2048 (1991), the working committee of the Authorised Trade
Union on behalf of the workers may present claims in written form with the number
and names of its representative to the management for collective bargaining.
(2) The Authorised Trade Union shall not go on strike in Enterprise or
do such action that may assist it in any manner without completing the procedure
mentioned in Section 76 of the Labour Act, 2048 (1991).
13. Duration of Validity of the Recognition of the Authorized Trade Union: The
duration to bargain collectively on behalf of the workers of the authorised Trade
Union recognized pursuant in Section 11 with the management shall remain valid
for two years from the date of issue of the certificate by the Registrar pursuant to
Sub-section (3) of the same Section.
? Provided that in cases where the registration of such Authorized Trade
Union is cancelled or such Trade Union is dissolved, the election for another
Authorized Trade Union shall be conducted within three months from the date of
such cancellation or dissolution
Operation, Management and Recognition of the Trade Union
8. Autonomous and Corporate body: (1) The Trade Union shall be an autonomous
and Corporate body having perpetual succession.
(2) The Trade Union Shall have a seal of its own to carry out its activities.
(3) The Trade Union may acquire, posses, dispose or manage by other means
of its movable and immovable property as a person.
(4) The Trade Union may sue or be sued under its name as a person.
9. Objectives: (1) The Objectives of the Trade Union shall be as follows:
(a) To engage in economic and social development of the workers by
improving their working conditions .
(b) To make an effort to establish good relationship between worker and
management.
(c) To assist in the development of Enterprise by increasing the productivity of
Enterprise.
(d) Try to make the workers dutiful and disciplined.
(2) In addition to the objectives mentioned in Sub-section (1), the Trade
Union Association and the Trade Union Federation shall have the following
objectives:-
(a) To conduct activities providing education to the worker.
(b) To establish relation with International institutions for the
benefit of the workers.
(c) To provide necessary advice to Government of Nepal in
formulating the Labour Policy.
(d) AS required to conduct workshops, seminar etc and publish facts and
figures beneficial to the workers.
(e) In order to protect and promote the rights and interest of the workers
negotiate with Government of Nepal and take other necessary
measures subject to the prevailing law.
? 9A. Functions, Duties and Powers of Trade Union: In addition to the functions,
duties and powers referred to in its Statute of a Trade Union, the other functions,
duties and powers of a Trade Union shall be as follows:-
(a) To carry out and cause to be carried out the activities
and programmes as required for the achievement of the
objectives of the Trade Union as referred to in Sub-section
(1) of Section 9
(b) To require its members to participate in the election of
the Authorized Trade Union of Enterprise level,
(c) To require the workers of an Enterprise to abide by the
decisions of the Authorized Trade Union of Enterprise level.
? 9b. Functions Duties and powers of Trade Union Association and Trade Union
Federation: In addition to the functions, duties and powers referred to in their
Statute of the Trade Union Association and Trade Union Federation, the other
functions, duties and powers of the Trade Union Association and Trade Union
Federation shall be as follows:-
(a) To carry out and cause to be carried out the acts and proceedings and
programmes as required for the achievement of the objectives of the
Trade Union Association and Trade Union Federation as referred to
in sub- section (2) of Section 9,
(b) To require their members to participate in the elections of Trade
Union Association and Trade Union Federation,
(c) To require their members to abide by the decisions of the Trade
Union Association and Trade Union Federation.
(d) To take necessary measures in order to resolve the Labour disputes
by entering into negotiations with Government of Nepal, with
professional associations and federations of various types as well as
with the Enterprises, representing the entire workers on policy level
labour disputes,
(e) To negotiate with the concerned Enterprise and Managers on behalf
of the Trade Union of Enterprise level,
(f) To establish and operate various types of funds for the benefit and
welfare of the workers,
(g) To make public the facts of oppression committed against a worker
and Trade Union and to make aware the concerned Enterprise of
such acts, as required.
10. Statute : (1) The following particulars shall be included in the statute of the Trade
Union:-
(a) Name and address of Trade Union;
(b) Objective of the establishment of Trade Union;
(c) Procedure of the formation of the working committee as well as the term of office to be a maximum period of four years;
(d) General Membership, the number of officials and the mechanism (process) of their election;
(e) Provision that only a worker, who is a Nepali Citizen and having served continuously for one year to be elected for the official post;
(f) Provision regarding fund of the Trade Union and its auditing;
(g) Provision regarding inspection and examination of the account of the Trade Union.
(h) Provision to bring the vote of no confidence against the officials;
(i) Provision regarding functions, duties, powers and meeting of the working committee and the General Meeting of the Trade Union.
(j) The Procedure of amendment of the statute of Trade Union;
(k) Provision regarding dissolution of the Trade Union;
(l) Provision regarding liability and assets of the Trade Union after its
dissolution.
(2) If any amendment is made in the statute of the Trade Union, the concerned ♣ Trade Union shall inform the Registrar with a copy of such amendment within 35 days after such amendment has been made and approval of such
amendment have to taken from the Registrar.

11. Recognition of the Authorized Trade Union:

(1) The Authorized Trade Union shall be recognized for the collective bargaining with the management on behalf of
the workers of authorized enterprise level Trade Union.
(1a) where only one Trade Union is registered in any Enterprise, the Trade Union registered earlier shall be recognized as the Authorized Trade Union if another Trade Union is not registered within three months from the date of such
registration.
(1b) In reckoning the time period of three months as referred to Sub- section (1a), it shall be reckoned from the date of commencement of this Act.
(2) The Authorized Trade Union recognized pursuant to Sub-section (1) shall inform to the Registrar and the Manager within fifteen days after such recognition has been extended.
(3) The Registrar shall provide the certificate of Authorised Trade Union as prescribed within 15 days from the date of receipt of notice pursuant to Sub- section (2).
? (4) The procedures relating to the election of the Authorised Trade
Union shall be as prescribed.

12. Presentation of Claim:

(1) Notwithstanding anything contained in Section 74 (1) in the Labour Act, 2048 (1991), the working committee of the Authorised Trade  Union on behalf of the workers may present claims in written form with the number
and names of its representative to the management for collective bargaining.
(2) The Authorised Trade Union shall not go on strike in Enterprise or do such action that may assist it in any manner without completing the procedure mentioned in Section 76 of the Labour Act, 2048 (1991).

13. Duration of Validity of the Recognition of the Authorized Trade Union: The duration to bargain collectively on behalf of the workers of the authorised Trade Union recognized pursuant in Section 11 with the management shall remain valid for two years from the date of issue of the certificate by the Registrar pursuant to Sub-section (3) of the same Section.
Provided that in cases where the registration of such Authorized Trade Union is cancelled or such Trade Union is dissolved, the election for another Authorized Trade Union shall be conducted within three months from the date of
such cancellation or dissolution

CHAPTER – 4 

CHAPTER – 4 Appointment, Functions, Duties and Rights of the Registrar
14. Appointment of the Registrar:

(1) Government of Nepal shall appoint Registrars as required for the registration of the Trade Union in accordance with this Act.
(2) Notwithstanding anything contained in Sub-section (1) Government of Nepal may by notification published in the Nepal Gazette authorise as required any other officer to use the power of Registrar.

15. Function, Duties and Power of the Registrar: The Functions, duties and powers of the Registrar shall be as follows:-
(a) To registrar the Trade Union.
(b) To maintain and keep upto date Register Book with detailed particulars of the registered Trade Union and other related particulars.
(c) To requiest additional particular necessary for the registration of the Trade  Union.
(d) To take necessary action if the particulars, report or other documents required to be submitted by the Trade Union under the Act is not submitted or if false particulars are submitted.
(e) To specify the procedure of election of the Authorized Trade Union.
16. Register Book: The Registrar shall maintain a separate Register Book to keep upto date the particulars, records etc. of the Trade Union.

CHAPTER – 5

CHAPTER – 5  Fund and Auditing
17. Fund :

(1) The Trade Union shall have its own separate fund and the fund shall contain the following amounts:-
(a) The amount obtained from the national fee.
(b) The amount obtained from the national organizations in the form of Aid or
Grant.
(c) The amount obtained from any other sources.
(2) All expenses incurred in the name of Trade Union shall be borne out
from the Fund.
(3) The Amount to be contained in the fund pursuant to Sub-section (1)
shall be deposited by opening an account in any Commercial Bank within Nepal .

18. Accounts and Auditing:

(1) The accounts shall be maintained as mentioned in the  statute of the Trade Union.
(2) The accounts maintained pursuant to Sub-section (1) shall be audited by the auditor appointed by the General Meeting of the Trade Union.

CHAPTER – 6 

CHAPTER – 6 Miscellaneous
19. Merging of the Trade Union:

(1) In case two or more than two Trade Unions  desire to be merged into one Trade Union, such Trade Unions may constitute a new Trade Union by concluding a mutual agreement if the majority in the General
Meeting of each Trade Union desiring to be so merged vote in favour of merging.
(2) In order to register a new ………. Trade Union constituted pursuant to Sub-section (1), the officials authorized by the working committee shall apply to the Register in the specified form along with a copy of the agreement mutually entered into by the merged Trade Unions, the statute of the Trade Union, prescribed fee and  other prescribed particulars.
20. Information of the change in name: If any Trade Union changes its own name the Registrar shall be informed of such change within fifteen days of the change of name.

21. Effect of change in name, merging or dissolution:

1) No effect shall occur in the power to be achieved or obligation to be fulfilled by such Trade Union only by
the reason of change in name of the Trade Union.
(2) The merging of two or more than two Trade Unions into only one Trade Union or the dissolution of Trade Union in other Trade Union shall have no effect in the obligation to be performed by such Trade Union.
Contractual liability To Be Fulfilled: (1) The contractual labiality concluded by the Trade Union itself or by the authorized office-bearer on behalf of the Trade Union shall have to be fulfilled by such Trade Union and the party which concludes the contract with such Trade Union.
(2) In case any dispute arises in respect of the contract concluded between the Trade Union and Enterprise or Manager pursuant to Sub-section (1), a case shall have to be filed in the Labour Court within three months from the date of arising such dispute or the cause of action for filing the case.

23. No case To be filed: After complying with the procedure ♣of this Act or the Labour Act, 2048 (1992) by the Authorized Trade Union or the office bearer of such Trade Union. while doing anything in the context of collective bargaining have affected by its action to the Enterprise, no case shall be filled against Trade Union
or the officials in any court regarding such action.

23a. Transfer or Promotion Not To Be made: The office- bearers of the Working Committee of the Trade Union of Enterprise level shall not be transferred or promoted without their consent except in special situation.

24. Presentation of Annual Report:

(1) The Trade Union shall submit to the Registrar a yearly report of each year within three months from the end of fiscal year by auditing its account book showing clearly all property, loan including liability of the Trade Union.
(2) In the annual report pursuant to Sub-section (1) the total number of members who pay fees of the Trade Union and the particulars of the officials changed during the year shall also be included.

25. Cancellation of the Registration: (1) The Registrar shall cancel the Trade Union registered under this Act on the following circumstances:
(a) If the Trade Union submits an application to the Registrar for the cancellation of its registration.
(b) If it is proved that the registration of the Trade Union has been made by mistake or fraudulent act.
(c) If anything is done against this Act or the Regulation framed under this Act.
♣ (2) In case the registration of any Trade Union is required to be cancelled on the occurrence of the circumstances referred to in Clauses (b) and (c) of Sub- section (1), the concerned Registrar shall have to give a notice of fifteen days, with specifying therein the reason which requires such cancellation of the Trade Union, to the concerned Trade Union to submit the clarification thereon.
♣ (3) If the concerned Trade Union does not submit the clarification within  the time-period referred to in Sub-section (2) or the clarification submitted is not  satisfactory or in conformity with the law, the Registrar may cancel the registration of such Trade Union.
26. Officials of Trade Union Association and Federation: Notwithstanding anything contained elsewhere in this Act, the Trade Union Association and Trade Union Federation shall appoint from their working committees not exceeding 10% and 25% respectively of the total number of officials who are engaged in the protection
and promotion of the rights of the worker, in the officials of the Trade Union Association and Trade Union Federation.
26a. Representation of the Trade Union: While nominating a representative on behalf of the Trade Union or making representation from the Trade Union, Government of Nepal shall nominate or make representation from such Trade Unions proportionately or by turns if the Trade Unions related with the subject-matter are more than one.
27. Notice of Dissolution of Trade Union To Be Provided: (1) If a Trade Union is to be dissolved in accordance with the statute, notice of such dissolution shall be provided to the Registrar by the concerned official with reason.
(2) After receiving the notice of dissolution of Trade Union pursuant Sub-section (1), the Registrar shall conduct an inquiry whether the dissolution has been made accordance with the statute and register such notice if so found . Only
after the registration of such notice the trade union shall be deemed to have been dissolved .
27a. Limitation for Filing a Case: Except otherwise provided for in this Act, in case it is required to institute a case against a person in regard to any act and proceeding done in contrary to this Act and the Rules made under this Act, the case shall have to be filed within three months from the date on which such act is committed or
done or the cause of action for filing the case arises.

28. Penalties: ♣ (1) If any office-bearer, member or any employee of the Trade Union misappropriates the property of the Trade Union or the property of the fund and programme operated by such Trade Union or causes loss and damage of any kind to such property, the Labour Court may order to recover and realise from such office-
bearer, member or employee the amount equal to the amount so misappropriated or caused loss and damage and may impose a fine of upto five thousand rupees or impose an imprisonment of upto one year or impose both punishment.
(2) If the particulars, reports, notices, or any other documents to be submitted on behalf of the Trade Union in accordance with this Act or the Rules under this Act is not submitted or false particulars are submitted, the Registrar may fine the concerned official to the extent of Rupees five hundred.
29. Appeal: (1) An appeal to the case initially decided by the Labour Court in accordance with this Act shall lie to the Appeal Court.
(2) An appeal on the order made by the Registrar under this Act may be filled to the Labour Court.
(3) An appeal may be filled within 35 days from the date of such proceeding and decision made by the Labour Court or the order made by the Registrar.
30. Special Power of Government of Nepal: Government of Nepal may give necessary order or direction to restrict such activities of Trade Union or Trade Union Association or Trade Union Federation if the activity of the Trade Union seem, to create extra-ordinary situation thereby disturbing the peace and order or to  go against the economic development of the country.
31. Power of Frame Rules: Government of Nepal may frame necessary Rules to carry out the objectives of this Act.

Right to Information Act, 2064 (2007 )

Right to Information Act, 2064 (2007 )
Date of Authentication and publication
5 Shrawan (21 July 2007)
An act No 4 of the year 2064
AN ACT TO MAKE PROVISION FOR RIGHT TO INFORMATION
Preamble, Whereas; it is expedient to make the functions of the sate open and
transparent in accordance with the democratic system and to make responsible and
accountable to the citizen; to make the access of citizens simple and easy to the
information of public importance held in public bodies; to protect sensitive information
that could make adverse impact on the interest of the nation and citizen, and for the
necessity to have legal provisions to protect the right of the citizen to be well-informed
and to bring it into practice, the ‘Legislature-Parliament’ has enacted this Act.

Chapter- 1

Chapter- 1  Preliminary
1. Short title and commencement :

(1) This Act may be called ‘Right to Information Act, 2064 B.S. (2007 A.D.).
(2) This Act shall come into force from the 30 (Thirty) day of certification.
2. Definition : Unless the subject or context otherwise requires, in this Act:
(a) “Public Body” means the following body and institution list:
(1) A body under the constitution,
(2) A body established by an Act,
(3) A body formed by the Government of Nepal,
(4) Institution or foundation established by the law, public service.
(5) Political Party or organization registered under the preventing law.
(6) Body Corporate under the full or partial ownership or under controlof the Government of Nepal or such body receiving grants from the Government of Nepal.
(7) Body Corporate formed by a Body established by the Government of Nepal or the law upon entering into an agreement,
(8) Non-Governmental Organization/Institutions operated by obtaining money directly or indirectly from the Government of Nepal or Foreign Government or International Organizations/Institutions,
(9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette.
(b) “Information” means any written document, material, or information related  to the functions, proceedings thereof or decision of public importance made by a Public Body.
(c) “Public Importance” means a subject related directly or indirectly with the interest of citizens.
(d) “Document” means any kind of scripted document and the word shall also includes any audio visual material collected and updated through a mechanical medium or that can be printed or retrieved.
(e) “Right to Information” means the right to ask for and obtain information of public importance held in the Public Bodies and this term shall also include the right to study or observation of any written document, material held in
Public Body or proceedings of such Public Body; to obtain a verified copy of such document, to visit or observe the place where any construction of public importance is going on and to obtain verified sample of any material
or to obtain information held in any type of machine through such machine.
(f) “Information Authority” means a person appointed in pursuant to with  Section 6.
(g) “Chief” means the Chief of a Public Body.
(h) “Commission” means the National Information Commission constituted in pursuant to Section 11.
(i) “Chief Information Commissioner” means a person appointed pursuant to Section 11.
(j) “Information Commissioner” means a person appointed pursuant Section 11.
(k) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules framed under this Act.

Chapter- 2 

Chapter- 2 Right to Information and Provision Regarding the Flow of Information
3. Right to Information :

(1) Every citizen shall, subject to this Act have the right to information.
(2) Every citizen shall have access to the information held in the public Bodies.
(3) Notwithstanding anything provided in Sections (1) and (2), the information held by a Public Body on the following subject matters shall not be disseminated:
(a) which seriously jeopardizes the sovereignty, integrity, national security, public peace, stability and international relations of Nepal.
(b) which directly affects the investigation, inquiry and prosecution of a crime.
(c) Which seriously affects on the protection of economic, trade or monetary interest or intellectual property or banking or trade privacy.
(d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities.
(e) Which interferes on individual privacy and security of body, life, property or health of a person.
Provided that, a public Body shall not refrain from the responsibility of dissemination of information without appropriate and adequate reason not to flow the information.
(4) If a Public Body has both the information in its record that can be made public and that cannot be made public in accordance with this Act, the Information Officer shall have to provide information to the applicant after separating the information which can be made public.

4. Responsibility of a Public Body : (1) Each Public Body has to respect and protect the right to information of citizen.
(2) Public Body shall have following responsibilities for the purpose of Sub-Section (1):
(a) to classify and update information and make them public, publish and broadcast,
(b) to make the citizens’ access to information simple and easy,
(c) to conduct its functions openly and transparently,
(d) to provide appropriate training and orientation to its staffs,
(3) Public Body may use different national languages and mass media while publishing, broadcasting or making information public in accordance with Section (a) of Section (2).

5. Updating and Publication of Information : (1) A Public Body shall keep its information updated.
(2) A Public Body, as long as possible, shall update at least of twenty years
old information from the commencement of this Act related to it in pursuant to
Sub-Section (1).
(3) A Public Body shall enlist and publish its following information:
(a) structure and nature of Body,
(b) functions, duties, and powers of Body,
(c) number of employees and working details of Body,
(d) service to be rendered by the Body,
(e) branch and responsible officer of the service providing Body,
(f) fee and time limit required for service,
(g) decision making process and authority,
(h) authority to hear appeal against decision
(i) description of functions performed
(j) name and designation of Chief and Information Officer
(k) list of Acts, Rules, By Laws or Guidelines
(l) updated description of income, expenditures and financial
transactions.
(m) other particulars as prescribed.
(4) Public Body shall have to update and publish the information in accordance with Sub-Section (3) within three months from the date of commencement of this Act and in every three months thereafter.

6. Provision of Information Officer :

(1) A Public Body shall arrange for an Information Officer for the purpose of disseminating information held in its office.
(2) For the purpose of disseminating information in accordance with Sub- Section (1), the Chief has to regularly provide information held in the office to the Information Officer.
(3) Public Body shall set up an Information Section for the purpose of disseminating information as per necessity.

7. Procedures of Acquiring Information :

(1) A Nepali Citizen, who is interested to obtain any information under this Act, shall submit an application
before concerned Information Officer by stating reason to receive such information.
(2) If an application is received pursuant to Sub-Section (1), Information Officer should provide the information immediately if the information by its  nature could be provided immediately and has to provide within fifteen days from the date of application if the information by its nature could not be provided immediately.
(3) If information cannot be provided immediately pursuant to Sub-Section
(2), Information Officer should instantly give a notice with reason to the applicant.
(4) Notwithstanding anything contained in Sub-Section (3), if the requested information is related to the security of life of person, the information officer should provide such information within Twenty Four hours of such request.
(5) Information Officer has to provide information in the format as demanded by the applicant as much as possible.
(6) Notwithstanding anything contained in Sub-Section (5), if any possibility subsist that the source of information may be damaged or destroyed or spoilt if it is provided in the format as requested by the applicant, the Information
Officer shall provide such information in appropriate format with stating reason thereof.
(7) If any individual submitted an application to study or observe the document, material or activity pursuant to Sub-Section (1), the Information Officer shall provide a reasonable time to the applicant for the study and observation of
such document, material or activity.
(8) While examining the application received in pursuant to Sub-Section (1), it is found that the information demanded by the applicant is not related to such Body, the Information Officer should give notification to the applicant immediately.

8. Fee for information :

(1) Applicant shall pay fee as prescribed while requesting information pursuant with Section 7.
Provided that, if different fees are prescribed for any specific information in the prevailing law, it shall be collected accordingly.
(2) The fee structure, pursuant to Sub-Section (1), shall be based on the actual cost of providing information.
(3) If the fee prescribed pursuant to Sub-Section (2) is deemed more than the actual price, the concerned person may file a petition before the Commission.
(4) While examining the petition pursuant to Sub-Section (3), the ommission may order to review the fee if it is found in contrary to Sub-Section (2).

9 Complaint may be made :

(1) If, Information Officer, does not provide information, denies to provide information, partially provides information, provides wrong information or does not provide information by stating that the applicant is not a stakeholder, the concerned person shall make a complaint to the Chief within (7) days from the date of information denied or partially information received.
(2) While investigating the complaint received pursuant to Sub-Section (1), the Chief shall order the Information Officer to provide information as demanded by applicant if it is found that the information was denied or partially provided or wrong information was provided and the Information Officer has to provide information to the concerned applicant if such order is issued.
(3) While conducting investigation pursuant Sub-Section (2), if it is found that the Information Officer denied to provide information or partially provided the information knowingly or with mala fide intention or provided wrong
information, the Chief may take departmental action against such Information Officer. (4) While investigating pursuant to Sub-Section (2), if it is found that the information cannot be provided; the Chief shall make a decision accordingly and provide a notice stating the reasons to the applicant.

10. Appeal can be made :

(1) An individual, who is aggrieved by the decision of the Chief made pursuant to Sub-Section (4) of Section 9, shall appeal before the Commission within Thirty Five (35) days of the notice of decision received.
(2) Commission may summon and take statement of the concerned Chief or Information Officer, order to submit a document, take statement of witness and  evidence or demand copy of the document from a Public Body while deciding the appeal received pursuant Sub-Section (1).
(3) In the course of proceeding and deciding the appeal pursuant to Sub- Section (2), the Commission may do as following:
(a) May order the concerned Chief to provide information, within a given time, to the appellant without fee, if appeal is found reasonable.
(b) May dismiss the appeal if it is found not reasonable.
(4) The Commission has to give final verdict on the appeal within sixty days of the appeal.
(5) Other procedures to be followed by the commission during appeal pursuant to this Section shall be as prescribed

Chapter 3

Chapter 3 Provision Regarding Commission
11. Provision Regarding Commission :

(1) There shall be an independent National Information Commission for the protection, promotion and practice of right to information.
(2) A Chief Information Commissioner and two other Information Commissioners shall be in the commission.
(3) In order to appoint Chief Information Commissioner and Information Commissioner, there shall be a committee comprised as follows:
(a) The Speaker – Chairperson
(b) Minister or State Minister for Information and Communication – Member
(c) President, Federation of Nepalese Journalists – Member
(4) The Government of Nepal, on the recommendation of the Committee under Sub-Section (3), shall appoint a Chief Information Commissioner and Information Commissioners, at least one female shall be included in such
appointment.
(5) The Committee pursuant Sub-Section (3) shall follow the inclusive principle as much as possible while recommending for appointment of Chief Information Commissioner and Information Commissioners.
(6) The procedures of recommendation pursuant to Sub-Section (3) shall be as determined by the Recommendation Committee itself.
12. Qualifications: One shall have the following qualifications to be appointed for the post of the Chief Information Commissioner and Information Commissioners:
(a) Nepali citizen,
(b) holding at least a Bachelor Degree from a recognized University,
(c) having at least fifteen years of working experience in the field of Mass communication, law justice, public administration, information technology or management.
13. Disqualifications: A person with any of the following disqualification shall be disqualified to be appointed in the post of Chief Information Commissioner and  Information Commissioners:
(a) not having the qualification pursuant Section 12,
(b) convicted by the court in a criminal offence with moral turpitude,
(c) incumbent employee of Government or Public institution,
(d) incumbent in any political position,
(e) Disqualified for appointment under the prevailing laws.

14. Tenure of Office :

(1) The tenure of office of the Chief Information Commissioner and the Information Commissioner shall be for five years and s/he shall not be re-appointed in the same Post.
(2) Notwithstanding anything contained in Sub-Section (1), the Information Commissioner may be re-appointed in the post of Chief Information Commissioner subject to the provision of tenure of office stated in the same Sub-
Section.

(3) The recommendation committee pursuant to Sub-Section (3) of Section

11, shall recommend for new appointment of Chief Information Commissioner and Information Commissioners one month period to the expiry of the tenure of the office .

15. Post to be Vacated : The post the Chief Information Commissioner and Information Commissioner shall be considered vacant under the following conditions:
(a) In case of his/her death,
(b) In case, s/he completes the age of 65 years,
(c) In case, s/he tenders resignation to the Prime Minister,
(d) In case, his/her term of office is completed,
(e) In case, s/he is convicted by the court in a criminal offence with
moral turpitude ,
(f) In case of s/he is removed from the post pursuant to Section 16.

16. May Remove From Office : If the meeting of the Legislature-Parliament endorse the recommendation of the information and communication related committee of the Legislature-Parliament, with the two third majority of meeting presented by at least two third members out of total members, for removing Chief  Information Commissioner or Information Commissioner on the ground that s/he is not fit to hold office for the reason of incompetence or misbehavior or not carrying out the duties honestly, such Chief Information Commissioner or
Information Commissioner shall be removed from his/her office.
Provided that, the Chief Information Commissioner or Information Commissioner charged with such accusation shall not be denied for reasonable opportunity of clarification.

17. Provision Regarding the Conditions of Service : The remuneration, conditions of service and facilities for Chief Information Commissioner and Information Commissioner shall be as prescribed.

18. Oath of Office : Before taking charge of the office, the Chief Information Commissioner shall take the oath of office before the Prime Minister and the Information Commissioner before the Chief Information Commissioner
respectively in the format as laid down in the Schedule.

19. Functions, Duties and Powers of the Commission : In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows:
(a) To observe and study the records and documents of public importance held in Public Bodies,
(b) To issue order to such Body to enlist and manage the records,  documents and other materials pertaining the information
(c) To issue order to the concerned Public Body to make information public for citizen’s notification,
(d) To prescribe timeframe and order concerned Public Body to provide information demanded by applicant within such timeframe.
(e) To order concerned party to fulfill the liability as mentioned in this Act.
(f) To provide necessary suggestions and recommendations to the Government of Nepal and other bodies related to information and communications regarding the protection and promotion of right to information.
(g) To issue other appropriate orders regarding the protection, promotion and exercise of right to information.

20. Delegation of Power : The commission may delegate any of the functions, duties or powers, except the power to hear and decide an appeal under Section 9, to the Chief Information Commissioner, Information Commissioner or any other body or official, subject to the terms and conditions prescribed for that purpose.

21. Office of the Commission : The central office of the Commission shall be located in Kathmandu Valley and the Commission may open its offices in various places of the country as per necessity.

22. Staffs of the Commission :

(1) Required number of staffs shall be there at the Commission.
(2) The Government of Nepal shall manage the staffs required for the Commission.

23. Expenditure of the Commission :

(1) The Government of Nepal shall arrange necessary budget for the Commission.
(2) The Commission shall also receive necessary financial resources from other sectors after getting prior permission of the Government of Nepal.

24. Cooperate with the Commission: Public bodies shall provide necessary cooperation in the activities of the commission.

25. Annual Report :

(1) The commission shall submit annual Report of its activities to the Legislature-Parliament through Prime Minister.
(2) The Commission shall publish, the Annual Report pursuant Sub-Section (1) publicly for the purpose of public notice.

26. Contact With the Government of Nepal : The Commission shall contact with the Government of Nepal through the Ministry of Information and  Communication.

Chapter- 4

Chapter- 4 Provision Regarding Protection of Information
27. Provision Regarding Classification of Information :

(1) For the protection of the information related to Sub-Section (3) of Section 3, held in public Body,
there shall be a committee as following to classify the information in policy level:
(a) Chief Secretary of the Government of Nepal- Chairperson
(b) Secretary of the concerned Ministry – Member
(c) Expert of concerned subject assigned by the Chief of Office or Chairperson – Member
(2) The Committee pursuant to Sub-Section (1), regarding the classification of information under Sub-section 3 of Section (3), has to inform the Commission by determining the number of years the information should be kept confidential and method for the protection of information.
(3) A person, who is not satisfied with the classification made by the committee pursuant to Sub-section (2) may file a review petition before the commission to make the information public.
(4) The Commission, shall if it finds that any information need not be kept confidential in the course of review of the petition pursuant to Sub-section (3), issue an order to public such information.
(5) The information classified pursuant to the Sub-Section (2) may be kept confidential for a maximum period of thirty years, according to the nature of the information.
(6) Notwithstanding anything contained in Sub-Section (5), the Committee shall review in every ten years that any information classified as confidential is necessary to keep as confidential or not.
(7) While reviewing pursuant to Sub-Section (6), the Committee, if finds necessary to keep such information confidential for additional period, may decide the duration and classify as confidential for that period or may classify as non- confidential if finds not necessary to keep confidential.

28. Protection of Information :

(1) Public Body shall protect the information of personal nature held in for preventing unauthorized publication and broadcasting.
(2) Personal information held in public Body, except in following conditions, shall not be used without written consent of concerned person.
(a) In case of preventing a serious threat to life and body of a person or  public health or security.
(b) If required to be disclosed in accordance with prevailing laws.
(c) If required to control the offence of corruption

29. Protection of Whistleblower :

1) It shall be a responsibility of an employee of  a Public Body to provide information on any ongoing or probable corruption or irregularities or any deed taken as offence under the prevailing laws.
(2) It shall be the duty of the information receiver to make the identity of whistleblower in accordance with Sub-Section (1) confidential.
(3) The whistleblower shall not be terminated from his/her post or punished with any legal responsibility or caused any loss or harm for giving information pursuant to Sub-section (1)
(4) If any punishment or harm is done to the whistleblower against Sub-Section (3), the whistleblower may complaint, along with demand for compensation, before the commission for revoking such decision.
(5) While investigating the complaint pursuant to Sub-Section (4), the Commission may order to revoke the decision of removal from the office if so removed from office and for the compensation if any damages caused to
the whistleblower.

30. Providing Personal Information :

(1) Concerned Body shall provide information to the concerned person holding a public post, if such concerned
person demands information of during his service in the public Body.
(2) if a person demands for information related with him/her held in Public Body that Information shall be made available to that person.
(3) The procedure for demanding and acquiring information pursuant to Sub-Section (1) shall be as mentioned in Section 7.
(4) Fees to received the information pursuant to Sub-section (1) shall be as prescribed in Section 8.

31. Information not to be Misused :

(1) A person who obtains information from a Public Body shall not misuse the information by not using it for the same purpose that was considered.
(2) The concerned Public Body may complain to the Commission against a person who misuses the information against Sub-Section (1)

Chapter- 5

Chapter- 5 Provision Regarding Punishment and Compensation
32. Punishment:

( 1) If the Commission finds that Chief of public Body or Information Officer has held back information without valid reason, refused to information or provided partial or wrong information or destroyed information; the
Commission may impose a fine to such Chief or Information Officer from Rupees One Thousand Rupees to Twenty Five Thousand Rupees and if such Chief or Information Officer is in eligible for departmental action, it may write to the concerned Body for departmental action.
(2) If the Chief of a public Body or Information Officer, delay to provide information which has to be provided on time without reason, shall be punished with a fine of Two Hundred Rupees per day so is delayed to
provide the information.
(3) If the Commission writes to the concerned Body for Departmental action pursuant to Sub-Section (1), the Public Body shall take Departmental action against that Chief or Information Officer within three months and notify the
same to the Commission.
(4) The Commission may impose a fine between Five Thousand Rupees to Twenty Five Thousand Rupees considering that seriousness of misuse of
information if any person is found misusing the information acquired from public Body instead of using it for purpose it was obtained for.
(5) The Commission may impose a fine up to Ten Thousand Rupees to the concerned person in case its decision or order pursuant this Act is not abided by.

33. Compensation:

(1) If person incur losses and damages due to not providing information, denying to provide information, providing partial or wrong information or destroying the information by the Chief or Information Officer of Public Body, such person may file a petition before the Commission for compensation within three months from the date of not acquiring information, acquiring partial or wrong information or restriction of the information.
(2) If the application pursuant to Sub-Section (1) is found reasonable upon the investigation, the Commission may compensate the applicant from the concerned Body with reasonable amount upon considering the actual loses.

34. Appeal: A person not satisfied with the decision rendered by the Commission pursuant to Section 32, may appeal before the Appellate Court within thirty five days of decision received

Chapter- 6

Chapter- 6 Miscellaneous
35. Information may be Corrected :

(1) If anyone believes that the information in a Public Body on a particular matter is wrong, s/he may file an application before the concerned Chief along with necessary evidence for the correction of the information.
(2) The Chief shall conduct necessary investigation regarding the application pursuant to Sub-Section (1) and if the information held in such Body is found wrong in the course of investigation, he/she should inform the applicant upon correcting within seven days from the date of application imformation.

36. Save to Works done with Good F aith: Notwithstanding anything contained elsewhere in this Act, no case shall be filed and no punishment shall be imposed  against the Chief or Information Officer for his/her works regarding the
dissemination of in forvevtion good faith.

37. To be Pursuant to this Act : All the matters mentioned in this Act shall be carried out in accordance with this Act, whereas other matters shall be dealt with  pursuant to prevalent laws.

38. Power to Frame Rules : The Government of Nepal, upon consultation with the Commission shall frame necessary Rules to implement the objectives of this Act.

Schedule

Schedule
(Related to Section 18)
Oath
I …………………….. ,hereby, faithful to the state and the people promise with truth and trust/take the oath in the name of God that highly respecting the shall expressed by the people through the people’s movement that Nepal’s state authority and sovereignty is to be vested only on the people, professing allegiance to the constitution of Nepal and laws of the land, I shall carry out my responsibilities with honesty and without any fear, sycophancy, partiality, malice or greed, by honoring citizen’s right to information and for the effective implementation and practice of laws pertaining to right to information.

Notary Public Act, 2063

Notary Public Act, 2063
Date of authentication publication:
2063/06/28/0 (14 December, 2006)
1. Some Nepal Acts Amendment Act, 2064 (2008) 2064/5/9 (Aug.26, 2007)
Act No. 9 of the Year of 2063 B.S.
An Act Made to Provide for Notary Public
Preamble: Whereas, it is expedient to make legal provisions regarding Notary public by
confirm real person in preparing documents and putting signature on the document and to
control fraud and fraudulent activities and to provide for simple and easy way in
translating document and to maintain the interest of the general public,
Now, therefore be it enacted by the House of Representatives in the first year of the
Declaration of House of Representative, 2063 (2006)

Chapter-1

Chapter-1 Preliminary
1. Short Title and Commencement:

(1) This Act may be called “Notary Public Act, 2063”.
(2) This Act shall come into force on such date as the Government of Nepal may appoint in Nepal Gazette by a Notification.
2. Definitions: In this Act unless the subject or context otherwise requires,-:
(a) “Notary Public” means a person who holds certificate of Notary Public  in pursuant to Section 14.
(b) “Council” means Nepal Notary Public Council as established pursuant to section 3.
(c) “Chairperson” means chairperson of the Council.
(d) “Member” means member of the Council and this expression also includes the Chairperson.
(e) “Secretary” means person appointed or designated pursuant to Section 7.
(f) “Certificate” means the certificate awarded to work as Notary Public pursuant to Section 14.
(g) “Document” means any document between two or more persons to transfer, to amend or to extend any kind of right or to create liability and this expression also includes a document which is to be used in foreign country
or affidavit to be submitted in the court or office or any other document of similar nature.
(h) “Paper” means a paper issued from government or public office or private organization and this expression also includes the Document.
(i) “Certification” means the act of certification of a document by the Notary Public pursuant to Section 27.
(j) “Representative” means the following persons:
(1) Person having obtained authorized power of attorney pursuant to the prevailing law to certify documents, or
(2) Person authorized, to put signature on behalf of a firm, company or an autonomous body incorporated pursuant to Prevailing Law.
(k) “Law Practicener” means a person registered as a law preacticener pursuant to the Prevailing Law.
(l) “Prescribed” or “as prescribed” means ‘prescribed’ or ‘as prescribed’ in  Rules framed under this Act.

Chapter-2

Chapter-2 Establishment of council and Provision Regarding its Functions, Duties and Powers
3. Establishment of Council:

(1) A Council named as Nepal Notary Public Council has been established to manage the translation of the paper and certification of document in an easy and accessible manner.
(2) The office of the Council Shall be located in the Kathmandu valley.

4. The Council to be an Autonomous Body:

(1) The council shall be an autonomous corporate body with perpetual succession.
(2) There shall be a separate seal for the functioning of the Council.
(3) The Council may acquire, possesses and sell moveable and immoveable property as an individual.
(4) The council may file a case in its own name and a case may be filed against it, as an individual.

5. Composition of the Council:

(1) The composition of the Council shall be as following:
(a) Attorney General – Chairperson
(b) President, Nepal Bar Association – Member
(c) Secretary, Ministry of law, Justice and
Parliamentary affairs – Member
(d) Secretary (Law) office of the Prime minister
and Council of Ministers – Member
(e) Secretary, Nepal Law Commission – Member
(f) Secretary, Ministry of Land Reform and
Management – Member
(g) Secretary, Ministry of Foreign Affairs – Member
(h) Registrar, the Supreme Court – Member
(2) The secretary as of Section 7 shall work as the secretary the Council.
(3) The procedure relating to the meetings of the council shall be as prescribed.

6. Functions, Duties and Powers of the Council: In addition to the functions, duties and powers mentioned in other places of this Act, the Council shall have the following functions, duties and powers:
(a) To prepare (draft) and implement the policy regarding Notary Public.
(b) To distribute the Certificate of Notary public.
(c) To monitor the activities of the Notary Public that whether or not this Act
or code of conduct made by the council is abided by .
(d) To form committee, as required and confer powers, duties and functions to
such committee.
(f) To appoint the auditor, and
(g) To perform other functions as prescribed.

7. Secretary: (1) There shall be a secretary to function as an administrative chief of
the Council.
(2) The Council shall appoint, an individual who holds a graduate degree in
law, to the post of secretary as prescribed.
(3) Until the period of the appointment of the secretary pursuant to Sub-section
(2), the Government of Nepal may designate a Gazetted Officer of judicial
service, in request of the Council, to work as the secretary of the Council.
(4) The tenure of office of the secretary shall be of four years.
(5) Notwithstanding anything contained in Sub-section (4), if the Secretary
does not function honestly or he/she falls in bad conduct or his/her work is
not satisfactory, then the Council may remove him/her at any time.
(6) Before removing the secretary from the post pursuant Sub-section (5),
he/she shall be provided opportunity to submit clearance.
(7) The functions, powers, duties, remuneration and terms and conditions of
service of the secretary shall be as prescribed.
8. Employees of the Council:

(1) The number of employees in the Council as per necessity.
(2) The appointment, terms of service remuneration and facility of the
employees of the council shall be as prescribed.

9. Fund of the Council:

(1) There shall be a separate Fund of the Council.
(2) The following amounts shall be credited to the fund created under Sub-
section (1):
(a) Money obtained from Government of Nepal.
(b) Money obtained from any individual or organization.
(c) Money obtained as fee from the person who receives certificate.
(d) Money received as the guarantee .
(e) Money obtained from other sources.
(3) All the expenditures of the council shall be borne in from the Fund,
mentioned Sub-section (1).
Provided that, the moneys mentioned in Clause (d) shall not be expended in the
functions of the council.
(4) Operation of the Fund of the Council shall be done as prescribed.
(5) Audit of the Council shall be done as prescribed

Chapter- 3

Chapter- 3 Provisions Relating to the Certificate of the Notary Public
10. Practice of Notary Public is Prohibited without Certificate: No one shall
practice as a Notary Public without obtaining certificate pursuant to this Act.

11. Bar to Practice without Passing Examination:

(1) Out of the functions of the Notary Public, a person who wants to get certificate for translation and other
special function as prescribed by the Council shall have to pass the examination relating to the Notary public.
(2) The examination mentioned in Sub-section (1) may conducted by the Council itself or the council may cause to conduct such examination to any of the institution which provides training in relation to law and justice or
which conducts examination of the law practitioner.
(3) The course content, types of examination and other provisions relating to examination pursuant Sub-section (1) shall be as prescribed.

12. Qualification of Notary public: The following persons shall be eligible to be a Notary Public:
(a) A law parctitioner who has continuously practiced law for a period of  Seven years.
(b) A person who has retired from at least Gazetted class two officer of the Nepal judicial service.

13. Disqualification of Notary Public: The following persons shall be disqualified to be a Notary Public:
(a) Person who has not passed the examination conducted pursuant to Section 11.
(b) Person who is not qualified pursuant to Section 12.
(c) Person who has been punished as an offender by the court of law in the cases of Murder, Theft, Dacoit, Fraud, Fraudulence, Corruption, Rape, Consumption and trafficking of Narcotic Drug, trafficking in person or
serious offence of similar nature.
(d) Person having not good character.
(e) Non-Nepali citizen
(f) Person having declared insolvent.
(g) Person not having in normal mental condition.

14. Provision relating to Certificate:

(1) Any Person interested to obtain a certificate of Notary Public shall apply to the Council in the prescribed form accompanied by the prescribed fees.
(2) If the Council receives application pursuant to Sub-section (1), it shall form a committee to verify such application and recommend accordingly as prescribed.
(3) If the committee formed pursuant to Sub-section (2) recommends to certificate and the recommendation seems reasonable upon verification, Council shall issue certificate in the prescribed form taking guranttee from
the applicant as stated in Section 17.
(4) The working place of the Notary Public shall be as mentioned in the certificate.

15. Description relating to Notary Public to be Sent:

(1) After distributing certificate pursuant to section 14, the Council shall send the descriptions of the
Notary Public such as name, surname, address and other necessary description, to  the Bar Association and the District Court where the Notary Public is going to work .
(2) After receiving description as stated in Sub-section (1) the concerned Bar Association and District Court shall make such description public.

16. Validity and Renewal of Certificate:

(1) The certificate issued pursuant to Section 14 shall be valid for Five years.
(2) A person who wants to renew certificate, shall apply before the Council along with prescribed fees, sixty days before expiry of the certificate.
(3) If an application is received pursuant to Sub-section (2), the Council may renew the certificate upon conducting inquiary as required.
(4) The other provisions regarding renewal of certificate shall be as prescribed.

17. Guarantee to be Submitted :

(1) Person intending to obtain certificate shall submit Fifty Thousand rupees in cash or a bank guarantee equal to that amount, as an guarantee, from the bank as appointed by the Council.
(2) The guarantee amount mentioned in Sub-section (1), shall be used for the liability arised out of the prescribed work performed in the capacity of Notary Public.
(3) If the guarantee amount submitted by the Notary Public if is reduced to bear the liability as mentioned in Sub-section (2), then, equal to the reduced amount in cash or in the form or bank guarantee, shall be submitted
to the Council with in 30 days.
(4) Other provisions regarding guarantee shall be as prescribed.

18. Cancellation of the Certificate:

(1) The certificate of the Notary Public shall be cancelled in following conditions:
(a) if declared guilty and punished by the court in the crime as stated in Clause (c) and (d) of Section 13,
(b) if case of his/her death,
(c) if the mental condition is not normal,
(d) if certificate is not renewed,
(e) it law practitioner certificate is cancelled or if the name is removed from the registration of the law practitioner.
(f) if Notary public him/herself voluntary applies for the revocation of the certificate
(2) If Notary Public commits misconduct or acts against this Act or Rules here under, the Council may cancel his/her certificate.
(3) Before cancelling a certificate pursuant to Sub-section (2), the Council shall provide fifteen days time to the Notary Public to submit his/her clarification.
(4) If a certificate is cancelled pursuant to this Section, the Council shall inform the concerned District court and Bar Association immediately

Chapter-4 

Chapter-4 Provisions relating to Functions and Duties of the Notary Public
19. Functions may be Performed by the Notary Public: The Notary Public may, subject to the provisions of this Act, perform the following functions:
(a) Certification of any document;
(b) To translate a paper written in one language into another language, and
(c) To attest the copy of any original paper.

20. Activities not to be Performed by the Notary Public: The Notary Public shall not perform the following activities:
(a) To do certification of the document which is not registered in the register- book of his/her office,
(b) To certify any document which itself is an original document,
(c) To do certification of document which is to be done by himself /herself,
(d) To do certification of the document which is concerned to his/her own transaction and interest,
(e) To do certification of the document which is concerned to his/her close relatives,
Explanation: For the purpose of this Clause “close relatives” shall mean relatives as prescribed,
(f) To disclose any known fact received in the course of certification of the documents, without the consent of the concerned person, except as provided in the law,
(g) To add and delete or amend or alter in the Document or Paper which is laying safely with the Notary Public,
(h) To do certification of a document without fulfilling the procedure prescribed in Section 27,
(i) To do certification of any document unauthorisely or negligently,
(j) To take excess fees for certification or translation of document than fixed for it ,
(k) To translate doubtful paper,
(l) To translate differing the stated date, number or content of the document,
(m) To do the function of Notary Public beyond the jurisdiction,
(n) To do certification of document without presenting the person who has to
make the document before himself/herself.
(o) To function against the Code of Conduct.
(p) To function in contravention of this Act or Rules made thereunder, and
(q) To do other work as prescribed.

21. Oath to be Taken: The Notary Public shall have to take oath as prescribed before
beginning the work.

22. Office to be Established:

(1) The Notary Public shall establish an office in his/her working place.
(2) The Office as stated in Sub-section (1) shall not be opened more than one places.
(3) Notary Public shall keep a sign-board outside the office stating name and license number on it and the certificate in the office which could be seen by all .

23. Register-Book to be Maintained:

(1) Notary Public shall maintain separate register books relating to the certification and translation of the documents
(2) The matters to be stated in the register book pursuant to Sub-section (1) shall be as prescribed.
(3) Notary Public shall have to keep the document certification register safely among the register books, as stated in Sub-section (1), to the period of five years after the end of the last page of the record book.

24. Files to be Maintained:

(1) To safely keep the certified document or translated paper, Notary Public shall have to maintain a separate file in his/her office.
(2) In the file as stated in Sub-section (1) a copy should be kept stating the name, surname and address of the person who causes for the certification of the document and translation of the paper.
(3) The file maintained by the Notary Public pursuant to Sub-section (1) shall be submitted to the Council by the Notary Public if he/she gives up such work and by his/her successor if he/she dies or becomes mentally abnormal.

25. Report to be Submitted:

(1) The Notary Public shall prepare an annual report of his/her activities and submit if to the in the concerned District court and Council every year within last day of Baishakha.
(2) The Notary Public, conducting certification of document relating to the transfer of immoveable property shall have to send the details to the concerned Land Revenue Office, every month.
(3) The matters to be included in the report pursuant to Sub-section (1) shall be as prescribed.

26. To be Regarded as official Misconduct: Any act, committed by the Notary Public ♣ pursuant to Section 20, shall be considered official misconduct

Chapter – 5

Chapter – 5 Provisions relating to Certification of the Document and Translation of the Paper

27. Procedure relating to Certification of:

(1) A person, who wants certification of document, shall have to apply to the Notary Public as prescribed.
(2) While applying pursuant to Sub-section (1), the applicant shall present two witnesses who know him/her before the Notary Public. While presenting witness in that way document which shows the identity of witness should
be submitted.
(3) when an application pursuant to Sub-section (1) is received, Notary Public shall have to confirm whether the person who put signature on the document is real or not.
(4) While confirming a person pursuant to Sub-section (3), a Notary Public may ask for additional paper, inquire with applicant and his/her witness or take written statement of the applicant on the matter.
(5) If the Notary Public is going to certify a document which is to be submitted to an office or Court, then, the Notary Public may cause to take oath of the applicant as prescribed.
(6) If the Notary Pubic knows the applicant personally or if the applicant is confirm on the basis of paper asked pursuant to Sub-section (2) or examination of the witness presented by the applicant then, the Notary
Public may do certification by causing to put, signature and thumb impression of the applicant on the document as prescribed.
(7) Other provisions relating to certification of the document shall be as prescribed.

28. Procedure relating to Translation of Paper:

(1) A person, who wants to translate paper shall have to apply to the Notary Public for translation of the paper
as prescribed.
(2) If an application is received pursuant to Sub-section (1), then, the Notary Public shall have to confirm whether such paper is authentic or not.
(3) If there is any doubt in relation to the authenticity of the paper, then, the Notary public may investigate or verify such paper or may inquire to the office or institution which has issued the paper.
(4) If the paper seems authentic by the inquiry pursuant to Sub-section (1), then, the Notary public shall have to translate the paper and have to verify such paper as prescribed.
(5) Other provisions relating to translation of the paper shall be as prescribed.

29. Procedure relating to Attestation: Procedures to be followed by the Notary Public, in the course of attestation of a copy of the original paper, shall be as prescribed.

30. Fees to be taken by the Notary Public: Fees to be taken by the Notary Public for certification of the document or translation of paper shall be as prescribed.

Chapter-6 

Chapter-6 Provisions relating to Supervision, Inquiry and Suspension

31. May do Supervision and Monitoring:

(1) The Council may supervise or monitor the activities and functions of the Notary Public or may ask for paper,
information or clearance from the Notary Public in relation to his/her functions and activities.
(2) The paper, information or clearance asked by the Council pursuant to Sub- section (1), shall be given in the time, to the Council by the Notary Public to the council in time.

32. Complain, Inquiry and Suspension:

(1) Anyone who knows the misconduct of any Notary Public, may complain to the Council, within two years from the date of cause of action.
(2) If a complaint is filed pursuant to Sub-section (1) or any misconduct of the Notary Public reveals in the course of supervision or monitoring pursuant to Section 31 or by any other source, then, the Council may ask the
concerned Notary Public for clarification or information in the prescribed time frame or may ask him/her to appear before itself for recording statement.
(3) If it seems appropriate to suspend the Notary Public on the basis of the statement recorded or information collected or clarification received pursuant to Sub-section (2), the Council may suspend such Notary Public.
(4) The period of suspension pursuant to Sub-section (3) shall not exceed more than two months and within that period the Council shall have to complete  the function relating to complain.
(5) The other provisions relating to investigation of the complain shall be as prescribed

Chapter-7

Chapter-7 Provision relating to Penalties and Compensation
33. Penalty:

(1) A person, who practice as a Notary Public without obtaining Certificate pursuant this Act, shall be punished with an imprisonment for a period of three years or fined upto One Hundred Fifty Thousand Rupees or with both.
(2) A Notary Public who, commits misconduct shall be punished with the imprisonment for up to Four years or a fine upto of Two Hundred Thousand Rupees or with both.
(3) If the content written in the document brought for certification is proved false, the person preparing such document shall be punished with imprisonment for a period upto four years or a fine upto Two Hundred
Thousand Rupees or with both.
(4) If the oath taken by a person pursuant to Sub-section (5) proved false, such person shall be punished with the imprisonment upto three months or a fine upto Fifteen Thousand Rupees or with both.
(5) if a person who becomes a witness the certification of the document, confirms wrong person or gives wrong description or statement or makes wrong written statement shall be punished with imprisonment for a period
upto six months or be fined upto Twenty Five Thousand Rupees or with both.
(6) if a person who causes for certification of a document fraud with , fraudlelent or deceptively accompaning with the Notary Public such person shall be punished with the imprisonment upto one year or a fine upto Fifty
Thousand Rupees or with both.
(7) if a person, who translates or causes for translation changes the date , numerical or content, such person shall be punished with imprisonment upto three Months or fined not exceeding Fifteen Thousnad Rupees or with
both.
(8) If, a person who commits any act against this Act or Rule framed thereunder, except as provided in this Section, shall be punished with the imprisonment upto Three Months or a fine upto Fifteen Thousand Rupees or with both.

34. Compensation:

(1) if a person who suffers harm or losses due to the misconduct of the Notary Public, the aggrieved person may file suit for compensation in the concerning District Court within two years from the date of occurrence of the
misconduct.
(2) Notwithstanding anything contained in Sub-section (1), the person signing in the document or his/her representative, shall be equally liable for the harm or loss caused by the misconduct of the Notary Public in the
following conditions:
(a) If the misconduct is occurred while doing function of the person who puts signature on the document, and
(b) if the person has consented, knowingly that the Notary Public is committing a misconduct.

Chapter-8

Chapter-8 Miscellaneous
35. To be Considered as a Post of Public Responsibility: The Notary Public shall be considered as the post of public responsibility.

36. Seal of the Notary Public and it’s Use:

(1) The Seal of the Notary Public shall be as prescribed.
(2) The seal of Notary Public pursuant to Sub-section (1) shall not be used in other functions except in the function of the Notary Public.

37. To Fame and implement the Code of Conduct: The council shall frame and  implement a code of conduct which is to be abided by the Notary Public.

38. Record of the Notary Public to be Maintained: The Council shall maintain the record of the Notary Public as prescribed.

39. Special Provisions regarding Translation:

(1) Notwithstanding anything contained in this Act, the institution established pursuant to the prevailing law
with a power to translate the papers, at the time of the commencement of this Act, may translate the papers with approval of the Council.
(2) The institution which has obtained approval pursuant to Sub-section (1), shall follow the procedures as stated in Section 28 while translating paper.
(3) If the institution, which has obtained approval pursuant to Sub-section (1), translates any paper against this Act, the chief of the institution shall be liable for penalty pursuant to Section 33.

40. No bar to File a case pursuant to Prevailing Law: The Notary public, person who causes certification of document or who translates a paper causes for …… at  the against this Act and that Act is punishable under any other law, in that case this Act shall not bar to file a case pursuant to such other law.

41. Delegation of Powers: If an act committed by the Notary Public or a person who causes for certification of a document or translation of a paper against this Act is punishable under any prevailing law, this Act shall not be deemed to a bar to file a case against them.

42. Government of Nepal to be the Plaintiff:

(1) The Government of Nepal shall be the plaintiff in the cases under this Act.
(2) A case under this Act shall be regarded as in cluded in the schedule-1 of Government cases Act, 2049.

43. Liaison with Government of Nepal: The Ministry of Law & Justice shall liaison  the council with Government of Nepal.

44. Power to Frame Rules: The Council may frame necessary Rules to implement the objectives of this Act

The Social Welfare Act, 2049 (1992)

The Social Welfare Act, 2049 (1992)
Date of Authentication and publication
17 Kartik 2049 (2 Nov.1992)
An Act No 29 of the year 2049
An Act made to provide for the Social Welfare
Preamble: Whereas, it is expedient to the all around development of Nepalese people and
Nepalese society, in order to relate social welfare activities and various social welfare
oriented activities to tie up with reconstruction activities, in order to provide humanistic
livelihood to the weak and helpless individual, class and community and make them
enable; in order to provide status and respect to the welfare oriented institutions and
individuals and in order to develop a co-ordination between social welfare oriented
institutions and organizations.
Now, therefore, be enacted by Parliament in the twenty first year of the reign of
His Majesty King Birendra Bir Bikram Shah Dev

2. Definitions

2. Definitions: In this Act unless the subject or context otherwise requires,-
(a) “Social welfare activity” means the welfare activity oriented towards the economic and social upliftment and self-reliance to the weak, helpless and disable individuals.
(b) “Social service” means the social welfare activity done, personally or collectively without the purpose of profit.
(c) “Social Organization and Institution” means an organization and institution established under the prevailing Laws in order to carry out various social welfare activities and social welfare oriented non-governmental
organization or institution.
(d) “Council” means the council constituted under Section 5 of this Act.
(e) “Chairperson” means the Chairperson of the council.
(f) “Member” means the member of the Council and this expression shall also includes the Chairperson, Vice-chairperson, treasurer and member-secretary of the council.
(g) “Constitution” means the constitution of an organization, and institutions.
(h) “Prescribed” or “prescribed” means prescribed or as prescribed, in Rules framed under this Act

3. Social Welfare Programme

3. Social Welfare Programme: Government of Nepal, by means of different activities relating to the social welfare work, to support the overall development of the country may operate the social welfare programme through the concerned Ministry and Social organizations and institutions

4. Special Programme relating to social welfare

4. Special Programme relating to social welfare:

Government of Nepal may operate special Programmes, relating to the social welfare activity and social
service, in the following matters:
(a) To serve interest and render welfare to the children, oldage, helpless or disabled people.
(b) To foster participation in development and to promote and protect the welfare, rights and interest of the women.
(c) To rehabilitate and help to lead a life of dignity to the victims of social mischief’s and also to juvenile delinquency, drug addicts and similar people involved in other kind of addictions.
(d) To help to lead a life with dignity to the jobless, poor and illiterate people.
(e) To manage religious places and the activities of the trust Guthi institutions.
(f) To take effective management and actions for the welfare of the backward communities and classes.

5. Establishment of the council

5. Establishment of the council:

(1) The social welfare council has been established to make effective co-ordination, co-operation, mobilization and promotion of the social organizations and institutions, in order to run social activities in more organized way.
(2) The Council consists of the following members:
(a) The Ministry or the Minister of State responsible for
the social welfare work – Chairperson
(b) One reputed social worker nominated
Government of Nepal – Vice-chairperson
(c) One reputed social worker nominated by
Government of Nepal – Treasurer
(d) President, Social Committee, at present
Constitutional Assembly – Member
(e) Member, (responsible for the social service) the
National Planning Commission – Member
(f) Not more than four persons at least one
women nominated by Government of Nepal
from among the social worker – Member
(g) Three persons nominated by Government of
Nepal from among various social organizations
and institutions – Member
(h) Representative of the relating Ministry responsible
for social welfare – Member
(i) Representative, Ministry of Home Affairs – Member
(j) Representative, Ministry of Local Development – Member
(k) Representative, Ministry of Finance – Member
(l) Representative, Ministry of Health – Member
(m) Representative, Ministry of Education and Culture – Member
(n) The person nominated by Government of Nepal – Member-Secretary
(3) The tenure of the nominated members shall be four years and they may be re-nominated.
(4) Government of Nepal may make alterations of the council members based on the recommendation with reasons submitted by the Council and is shall be notified in the Nepal Gazette

6. Council to be a corporate body

6. Council to be a corporate body:

(1) The Council shall be an autonomous corporate body having perpetual succession.
(2) The Council shall have a separate seal of its own to carry out its all activities.
(3) The Council may have power to acquire, enjoy, sell or otherwise dispose of movable and immovable property, as a person.
(4) The Council may sue on its behalf or be sued against it as a person.
(5) The Council shall have a separate flag of its own

8. Meeting and decision of the Council

8. Meeting and decision of the Council:

(1) The meeting of the Council shall take place in the date, time and place specified by the chairperson at least twice a year.
(2) The quorum for the meeting of the Council shall be at least fifty percent of total number of the member.
(3) The chairperson shall preside the Council meeting in case of absence of the chairperson, vice-chairperson, and if both absent, the member selected among themselves shall preside over the meeting.
(4) The opinion of the majority shall be credible in the meeting of the Council and in case of tie chairperson shall give the casting vote.
(5) The decision of the Council shall be authenticated by the member- secretary.
(6) Other procedures relating to the meeting of the Council shall be determined by the Council.

9. Functions, Duties and Powers of the Council

9. Functions, Duties and Powers of the Council:

The functions, Duties and Powers of the Council shall be as follows:
(a) To run or cause to run the social welfare activities smoothly and effectively, to extend help to the social organizations and institutions and to develop co-ordinations among them and to supervise, follow-
up and carry out evaluations of their activities.
(b) To extend or cause to extend help and support to establish social organizations and institutions, their development, strengthening and extensions.
(c) To work or cause to work as co-coordinator between Government of Nepal and social organizations and institutions.
(d) To provide consultancies to Government of Nepal in order to formulate policies and programmes directly related to social welfare activities and other social services.
(e) To establish and conduct or cause to establish and conduct a fund, for the social welfare activities.
(f) To work or cause to work as a center for dissemination of information and documentation to the affiliated service oriented organizations and institutions with Council.
(g) To conduct or cause to conduct trainings, studies and research programmes in the areas with social welfare.
(h) To carry out or cause to carry out the physical supervisions of the properties of those social institutions and organizations affiliated with the Council.
(i) To carry out or cause to carry out the necessary functions to implement the objectives of this Act.
(j) To make or cause to make contract or agreement with the local, foreign or international organizations and foreign countries.
(k) To collect grant from the national and international agency and to manage the received grant.

10. Formation of the executive committee

10. Formation of the executive committee:

(1) In order to carry out its regular  activity the Council shall form an executive committee among its members. The
committee shall consist of maximum of seven members, including chairperson, vice-chairperson, treasurer and member-secretary of the Council.
(2) The executive committee shall prepare its annual programme budget and other related policy matters of the council and execute them with the approval of the Council.
(3) Apart from the function referred in Sub-section (2), other functions, duties and powers of the Executive Committee shall be as prescribed

12. Permission and agreement

12. Permission and agreement:

(1) Any foreign non-government organization if willing to work within the kingdom of Nepal, before starting the work shall submit an application to the Council for permission.
(2) The Council, after receiving an application pursuant to Sub-section (1) may give permission deciding within three months.
(3) The permitted foreign non-government organization, pursuant to Sub- section (2) before operating the work within Nepal, shall have to reach in an agreement with the Council

13. Affiliation with the Council

13. Affiliation with the Council:

(1) Social organizations and institutions interested to keep affiliation with the Council shall have to submit an application as prescribed in the form.
(2) The organizations and institutions applying pursuant to Sub-section (1) shall submit and mention its Constitution, name of executive committee members, their occupations and addresses and the office where the organization or institution has been registered and the date of the registration along with the application.
(3) After receiving the application pursuant to Sub-section (1) if it deems to be affiliated such institutions or organization with the Council, the Council shall issue the certificate as prescribed form taking the fees as prescribed.
(4) The organization or institutions affiliated with the Council may keep out its affiliation as prescribed

15. Provisions to the Social organizations and institutions, who had already received certificate

15. Provisions to the Social organizations and institutions, who had already received certificate:

(1) The organizations and institutions who had already been affiliated and received certificate from the Social Service National Coordination Council before the commencement of this Act shall be assumed automatically
affiliated with the Council, pursuant to the provisions of this Act.
(2) Social organization and institutions affiliated with the Council pursuant to Sub-section (1) shall submit its constitution amending and adjusting necessary pursuant to this Act within the period of one year of the commencement of this Act.

16. Relating to economic assistance

16. Relating to economic assistance :

(1) Social organizations and institutions willing to get material, technical, economic or any other kind of assistance either from Government of Nepal or foreign countries, international social organizations and institutions or
missions or individuals shall submit a project proposal and application along with other details to the Council as prescribed.
Provided that, yearly assistance up to Two Hundred Thousand Rupees for the project that to be finished immediately may be taken only giving prior notice to the Council and after the completion of said work, a report should be submitted to the Council, within the period of three months.
(2) After receiving an application pursuant to Sub-section (1) the Council shall provide permission coordinating with the concerned ministry or agency within the period of forty-five days.
Provided that, no permission may be given to the work or project which is against the national interest.
(3) To cooperate and coordinate with local agency while implementing the approved project.
(4) Notwithstanding anything stated in Sub-section (1) no pre-permission shall be required to those international institutions established under international Agreements in which Government of Nepal is a party for assistance that relates emergency relief services.
Provided that, notice shall be given to the Council after receiving such assistance.
(5) While providing economic assistance to the approved projects by the foreign organizations, assistance shall be channelized through the commercial banks operating within Nepal.

17. The Fund of the Council

17. The Fund of the Council :

(1) The Council shall have own separate fund and the fund shall contain the following money:
(a) Money received from Government of Nepal.
(b) Money received from foreign Governments, international organizations or foreign organizations, through Government of Nepal.
(c) Money received from the movable or immovable property of the Council.
(d) Money received from any individual, institutions or countries in the form of donation, assistance, grants and presents.
(e) Money received from any other sources.
(2) All money of the Council shall be deposited by opening an account in the name of the Council in Nepal Rastra Bank or any Commercial Bank.
(3) All expenditure of the Council shall be borne from the fund pursuant to Sub-section (1).
(4) The operation of the account of the Council shall be as prescribed

18. Account and Auditing

18. Account and Auditing:

(1) The account of the Council shall be maintained in accordance with the procedures accepted by Government of Nepal.
(2) The Audit of the Council shall be carried by the Department of Auditor General.
(3) Account and auditing of the social organizations, affiliated with the council shall be as prescribed.
(4) Government of Nepal, if it so wishes, may inspect or cause to inspect the accounts document along with cash and kind of the council at any time.
(5) The Council, if it so wishes, inspect or cause to inspect the accounts document along with cash and kind of the social organization and institutions affiliated with the Council at any time

19. Delegation of Authority

19. Delegation of Authority:

(1) The council shall have the power to delegate its Authority under the Act as necessary, to chairperson, vice-chairperson, members, executive committee pursuant to Section 10, or Sub-committee under Section 11.
(2) The chairperson shall have the power to delegate its Authority, if so necessary, to any member of the council or officers

20. Suspension or dissolution

20. Suspension or dissolution:

(1) Government of Nepal on the recommendations of the Council may suspend or dissolve executive committee or those social organizations or institutions affiliated with the council or, receiving economic assistance from the Council, if they do their business against, prevailing laws or their own constitutions.
Provided that, a reasonable opportunity, to give their clarification shall be given to the executive committees before their suspension or dissolution.
(2) Government of Nepal may constitute a Ad hoc committee from the general members of that organization and institution to carry out the business of that organization and institution until the suspension of that organization and
institution lifted, when suspended and until the constitution of new executive committee, when dissolved pursuant to Sub-section (1).
(3) The Ad hoc committee formed pursuant to Sub-section (2) in the condition of dissolution of any social organization and institution pursuant to Sub-section (1), shall constitute new executive committee within the period of three months of its formation, in accordance with the constitution of those organization and institution