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Convention Concerning the Abolition of Forced Labour, Entry into force: 17 Jan 1959

 

           Preamble

The General Conference of the International Labour Organization, having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June 1 957, and having considered the question of forced labour, which is the fourth item on the agenda of the session, and having noted the provisions of the Forced Labour Convention, 1930, and having noted that the Slavery Convention, 1926, provides that all necessary measures shall be taken to prevent compulsory or forced labour from developing into conditions analogous to slavery and that the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery ,1956, provides for the complete abolition of debt bondage and serfdom, and having noted that the Protection of Wages Convention, 1949, provides that wages shall be paid regularly and prohibits methods of payment which deprive the worker of a genuine possibility of terminating his employment, and having decided upon the adoption of further proposals with regard to the abolition of certain forms of forced or compulsory labour constituting violation of the rights of man referred to in the Charter of the United Nations and enunciated by the Universal Declaration of Human Rights, and having determined that these proposals shall take the form of an international Convention, adopts this twenty -fifth day of June of the y ear one thousand nine hundred and fifty -seven the following Convention, which may be cited as the Abolition of Forced Labour Convention, 1 957:

Article 1

Each Member of the International Labour Organization which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour-

  • As a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;

  • As a method of mobilizing and using labour for purposes of economic development;

  • As a means of labour discipline;

  • As a punishment for having participated in strikes;

  • As a means of racial, social, national or religious discrimination

Article 4

 

  1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General.

  2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

  3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 5

  1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 6

  1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations communicated to him by the Members of the Organization.

  1. When notifying the Members of the Organization of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the members of the Organization to the date upon which the Convention will come into force.

Article 7

The Director-General of the International Labour Office shall communicate to the Secretary -General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 8

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 9

  1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

    • The ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 5 above, if and when the new revising Convention shall have come into force;

    • As from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

  2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Chapter- 1 Preliminary

1. Short Title, Extension and Commencement: (1) This Act may be called as “Banks and Financial Institutions Act, 2073 (2017).”
(2) This Act shall extend to the whole territory of the state of Nepal and also enforce to a branch or liaison office opened outside of Nepal by a bank and financial institution incorporated in Nepal.
(3) This Act shall come into force at once.
2. Definitions: In this Act, unless the subject or the context otherwise requires, –
(a) “Court” means a Commercial Bench of the Court designated by the Government of Nepal with the approval of the Supreme Court by a notification published in the Nepal Gazette.
(b) “Chairperson” means and includes the Chairperson of the Board of Directors and the Executive Chairperson.
(c) “License” means a license issued by the Rastra Bank in the name of a bank or financial institution to carry out banking and financial transactions, pursuant to this Act.
(d) “Licensed transaction” means banking and financial transactions to be carried out by a bank or financial institution by obtaining a license under this Act.
(e) “Licensed Institution” means a bank or financial institution which has obtained a license pursuant to this Act for carrying out banking or financial transaction.
(f) “Significant Ownership” means a situation where any person has, solely or jointly in association with any other individual or institution, subscribed two percent or more shares of a bank or financial institution and due to share ownership one may have influence on the management of the bank or financial institution.
(g) “Borrower” means an individual, a firm, company or institution obtained credit from bank or financial institution.
(h) “Credit” means, and includes any amount lent by a bank or financial institution to any individual, firm, company, institution or other business enterprise subject to the repayment of there on principal, interest or other charge within the certain time limit, direct or indirect gurantee, interest or other charge of the credit, re-finance, restructuring and renewal of the credit, guarantee given and other commitment made for the repayment of such credit and also any type of credit as specified by the Rastra Bank by publishing a public notice.
(i) “Chief Executive” means, and includes the Chief Executive Officer having responsibility of operating a bank or financial institution and also the Executive Chairperson and Managing Director acting as the Chief Executive.
(j) “Office” means, the registered and central office of a bank or financial institution and also includes any branch office of a bank or financial institution located
within Nepal and outside Nepal and a branch office of a foreign bank or financial institution located in Nepal.
(k) “Net worth” means any amount that remains after deducting the external liabilities from the grand total of the assets to be maintained in the balance-sheet of a bank or financial institution.
(l) “Non-executive Director” means a Director excluding the Executive Director performing daily business of a bank or financial institution.
(m) “Current account” means an account of funds deposited with a bank or financial institution by a costumer that may be withdrawn at any time on demand.
(n) “Paid-up Capital” means the portion of the capital paid up on behalf of shareholders out of the issued capital of a bank or financial institution.
(o) “Risk-weight asset” means the total assets calculated by multiplying the amounts coming under each heading of on-balance sheet and off-balance sheet operations of a bank or financial institution by the risk-weight in the format as prescribed by the Rastra Bank.
(p) “Liquid assets” means the cash balance of a bank or financial institution, the balance remained in the current account, the balance maintained in the Rastra Bank and such assets of a bank or financial institution specified as liquid assets by the Rastra Bank from time to time.
(q) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or Byelaws framed under this Act.
(r) “Securities” means and includes a share, stock, bond, debenture, debenture stock or a mutual investment scheme certificate issued by a bank, financial institution or corporate body or a certificate, saving bond or bond issued by the Government of Nepal or by a corporate body against the guarantee of the Government of Nepal, and also other stock specified by the Securities Board as the stock to be transacted or transferrable through the stock market to sell or exchange such stock.
(s) “Articles of Association” means the Articles of Association of a bank or financial institution framed pursuant to the prevailing laws relating to companies.
(t) “Deposits” means and includes amounts deposited in current, savings or fixed accounts of a bank or financial institution through costumers with or without
accruing interests and also such amounts which a bank or financial institution accepts through different financial instruments as specified by the Rastra Bank from time to time.
(u) “Deposit Guarantee” means the act of security of deposit and guarantee of such deposit pursuant to Section 108.
(v) “Office bearer” means a Director, Chief Executive, Company Secretary and an officer level employee of a bank or financial institution who is authorized to make a decision on any matter.
(w) “Family” means a Director’s husband or wife, son, daughter-in-law, daughter, adopted sun, adopted daughter, father, mother, stepmother and also the elder brother, elder sister-in-law, younger brother, younger sister-in-law, elder sister and younger sister of the Director, who are dependent on him or her:
Provided that the term does not include members of the family being separated after the partition of the family property and carrying out his/her profession or business on his/her own.
(x) “Capital” means the authorized capital, issued capital and paid up capital of a bank or financial institution.
(y) “Capital Fund” means and includes the total sum of primary capital and supplementary capital of a bank or financial institution as specified by the Rastra Bank and also any other fund or amount as specified by the Rastra Bank from time to time.
(z) “Infrastructure Development Bank” means the Infrastructure Development Bank incorporated to carry out financial transactions as referred to in sub-section (5) of section 49.
(aa) “Letter of credit” means a letter written by one bank or financial institution in the name of any other bank or financial institution authorizing the latter thereon to accept cheques, drafts, or bills of exchange of any specified person within the limit of the amount specified therein.
(bb) “Memorandum of Association” means the Memorandum of Association of a bank or financial institution framed pursuant to the prevailing companies’ law.
(cc) “Primary Capital” means and includes the funds of a bank or financial institution listed under such headings as the paid-up capital, share premium, non-redeemable preference shares, general reserve fund and accumulated profit and loss, and also such other funds listed under other headings as may be prescribed as primary capital by the Rastra Bank from time to time.
(dd) “Acquiring Institution” means the holding bank or financial institution acquiring an institution licensed pursuant to this Act.
(ee) “Acquisition” means the act of acquisition by a licensed institution to another licensed institution having settled the accounts of entire assets and potential liabilities by winding up the legal capacity of such institution and also the act of accepting all contractual liabilities by the acquiring bank or financial institution created by the targeted institution before its merger.
(ff) “Savings Account” means accounts containing details of the amounts deposited by any customer for savings in a bank or financial institution.
(gg) “Bank” means and includes corporate body incorporated to carry out banking and financial transactions as referred to in Sub-Section (1) of Section 49 and a branch office of a foreign bank located in Nepal, a branch office opened outside of Nepal by a bank incorporated in Nepal and an Infrastructure Development Bank to performing the functions as referred to the Section 49 and a branch office of the same bank.
(hh) “Banking and financial transaction” means the banking and financial transaction as referred in Section 49.
(ii) “Bonus share” means and includes share issued as an additional share to shareholders, by capitalizing the saving earned from the profits or the reserve fund of a bank or financial institution, and the increase of the paid up amount of a share by capitalizing the saving or other fund.
(jj) “Fixed Account” means a periodic account of funds deposited with a bank or financial institution for a specified term, during which normally the deposited amount cannot be withdrawn.
(kk) “Rastra Bank Act” means the Nepal Rastra Bank Act, 2058 (2002).
(ll) “Rastra Bank” means the Nepal Rastra Bank.
(mm) “Targeted Institution” means a bank or financial institution to be merged in an acquiring institution pursuant to this Act with entire assets and liabilities.
(nn) “Audit Committee” means the Audit Committee as referred to in section 60.
(oo) “Dividend” means cash dividend, interim dividend or bonus share to be given by a bank or financial institution according to this Act and the prevailing laws.
(pp) “Liquidator” means and includes a person appointed for carrying out the functions of liquidation of bank or financial institution according to an order of a court or a resolution adopted by a meeting of the creditors and as well as an office carrying out the function of a liquidator.
(qq) “Leasing” means an act of acquiring only the possessory right of a movable or immovable asset for a specified period of time by retaining the ownership thereof with the bank or financial institution in consideration of which a lessee is required to pay the rent within the schedule as per the agreement.
(rr) “Off-balance-sheet transaction” means and includes letters of credit, letters of guarantee, letters of acceptance, commitments, swaps, options and transaction in advance concerning foreign exchange having, the potential of bearing liabilities by a bank or financial institution and also transactions of the instruments as specified by the Rastra Bank, from time to time.
(ss) “Financial institution” means and includes a corporate body incorporated to carry out banking and financial transactions as referred to in to sub-sections (2), (3) or (4) of Section 49 and a branch office of a development bank, finance company, micro finance institution or a branch office of a foreign financial institution located in Nepal and also a branch office opened abroad by a financial institution incorporated in Nepal.
(tt) “Financial interests” means a situation where any Director, shareholder subscribing one percent or more shares or the Chief Executive or a family member of such a person or the individual, company, or corporate body having the authority to appoint a Director subscribes ten percent or more shares of a firm, company or corporate body separately or jointly, such a person or persons are deemed to have financial interests in the institution having ten percent or more shares, and also include the interests which the Rastra Bank specifies as having
financial interests depending upon the nature and circumstance of a financial transaction.
(vv) “Branch of a foreign bank or financial institution” means a branch of any bank or financial institution having obtained a license from the Rastra Bank in accordance with this Act to carry out banking and financial transactions having opened a branch office in Nepal.
(ww) “Electronic transaction” means and includes the business of accepting deposits, making payments and transferring funds through telephone, telex, computers or magnetic tapes or other electronic equipment of a similar nature and transactions to be carried out through terminal, automated teller machines and cash dispensing machines, as well as those to be carried out through charge cards, debit or credit cards.
(ww) “Prospectus” means the prospectus to be published by a bank or financial institution pursuant to Section 8.
(xx) “Branch Office” means any branch, sub-branch, unit, area, and representative or liaison office of a bank or financial institution within and outside Nepal and any office including a branch or representative office or liaison office or any other office of a foreign bank or financial institution in Nepal.
(yy) “Share” means the divided portion of the share capital of a bank or financial institution.
(zz) “Shareholder” means a person having ownership in a share of a bank or financial institution.
(aaa) “Director” means and includes a member of the Board of Directors and also the Chairperson of the Board of Directors as well as an Alternate Director.
(bbb) “Board of Directors” means the Board of Directors constituted pursuant Section 14.
(ccc) “Promoter” means a person who, having undertaken to subscribe at least one share, signs the Articles of Association and the Memorandum of Association in the capacity of a Promoter for the incorporation of a bank or financial institution pursuant to this Act.
(ddd) “Affiliated person” means a Director, office bearer of a bank or financial institution or his/her family member or any firm, company or institution having substantial ownership of such a person or any person, firm, company or institution having substantial ownership in such a firm, company or institution or also a beneficial owner with substantial ownership thereof.
(eee) “Independent Director” means the person appointed to the position of Independent Director pursuant to Sub-Section (3) of Section 14.
(fff) “Voluntary Liquidation” means a situation in which a bank or financial institution initiates voluntary liquidation pursuant to Chapter 11.
(ggg) “Creditor” means and includes a person or a body corporate to whom/which a bank or financial institution has to pay and also a depositor and debenture-holder for the purpose of liquidation process.
(hhh) “Hypothecation Loan” means a loan disbursed having entered into an agreement between a bank or financial institution and a Borrower against the collateral security of the stock having retained such stock under possession of the borrower concerned.

28. Pension and gratuity

28. Pension and gratuity:

(1) If a Judge of Court of Appeal has completed a service period of Twelve years in that office or a Judge of District Court has completed a service period of Twenty years in that office, he or she shall be entitled to a monthly pension of Fifty percent amount of his or her monthly remuneration. Provided that, if a person who is appointed from the service of Government of Nepal to the office of Judge and retires from the service and he or she has completed the service period of Twenty years or more upon computing the period of his or her such previous service and the period of service in the office of Judge, he or she shall, upon his or her retirement, be
entitled to choose any one out of the monthly pension as mentioned above or the monthly pension to be set as follows:

                             Total year of service X monthly remuneration
50

(2) A Judge who retires before completing the service period entitling to pension pursuant to Sub-section (1) shall be entitled to a lump sum gratuity in an amount equal to the figure to be set by multiplying the total years of his or her service with the figure of One’s remuneration being drawn by him or her.

(3) A Judge who has served in the office of Judge of Court of Appeal serves for more than Twelve years shall be entitled to an additional pension to be set by 0.5 percent of the monthly remuneration drawn by him or her for each of such service, in addition to the monthly pension receivable pursuant to Sub-section (1).

(4) The period of service performed in the office of judge of a regional court prior to the constitution of Court of Appeal shall also be considered as the period of service performed in the office of a Judge of Court of Appeal for the purposes of pension or gratuity as referred to in Sub-sections (1) and (2).

(5) When the remuneration of the Judge is increased, the figure of pension being drawn by the Judge who is receiving pension shall also be increased by Sixty-six percent of the percent of increase in the figure of remuneration.

(6) If a person who is receiving pension for having served in the office of judge of a regional court or in the service of the Government of Nepal is appointed to the office of Judge and is also eligible to pension pursuant to this Act, he or she may choose any one out of the pension being received by him or her previously and the pension receivable pursuant to this Act.

(7) Notwithstanding anything contained in the foregoing Subsections, a Judge who is removed from office for the reason of misconduct failure to perform duties of his or her office honestly shall not be eligible to receive pension or gratuity pursuant to this Act.

Chapter 10 Miscellaneous

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

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

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

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

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

5. Council to be corporate body

5. Council to be corporate body:

(1) The Council shall be an autonomous body corporate with perpetual succession.
(2) The Council shall have a separate seal of its own for all of its activities.
(3) The Council may, like an individual, acquire, use, sell and dispose of, or otherwise manage, any movable and immovable property.
(4) The Council may, like an individual, sue by its name and be also sued by the same name

19. Revocation of certificate

19. Revocation of certificate: Where the Council gets information that the name of any person has been entered in the register by fraud or mistake and this matter is
held to be true following inquiry into the matter, the Council may seize and revoke the registration certificate of such person.

11.  Provisions relating to Chairperson and General Manager

11.  Provisions relating to Chairperson and General Manager :

11.1  The Government of Nepal may designate or appoint the Chairperson of the Corporation.

11.2  The Government of Nepal shall appoint the General-Manager of the Corporation.

11.3 The tenure of office of the Chairperson and the General-Manager shall be as fixed by the Government of Nepal.

11.4 The provisions relating to the remuneration and the terms and conditions of service of the Chairperson and the General-Manager shall be as prescribed

Chapter – 11

Chapter – 11

Offences, Punishment and Proceedings

95. Acts to be Deemed to be Offence Under  this Act :

(1) Whoever accepts deposits or gives credits or issues debenture or other financial instruments in contravention to this Act or the Rules or bye-law framed there under or an order or directive issued there under; or whoever charges or gives interest against the policy determined by the Bank or issues fake, fraudulent, counterfeit or duplicate or copied currency or distributes or circulates such currency or is involved in such acts, it shall be deemed to have committed offences under this Act.
(2) Except otherwise provided under Sub-section (1) any person who fail to comply with the provisions made under this Act or rules made thereunder, or bye-laws, or the order or directives issued thereunder, shall commit offence under this Act.

96. Punishment :

(1) The person convicted of offence referred to in Section 95 shall have the assets related to the offence confiscated and shall be liable to a fine up to three times of the value of the said assets or an imprisonment up to three years or the both.
(2) In cases where the value of the assets related to offence can not be ascertained pursuant to Sub-section (1), a fine of up to one million rupees or an imprisonment up to three years or both may be imposed depending upon degree of the offence.
(3) If the offence referred to in Section 95 has been committed by any firm, company or institution, the punishment referred to in Sub- Sections (1) and (2) shall be imposed on the official of the said firm, company or institution committing the offence.
(4) The person who has attempted to commit, or who is indirectly related to the offence referred to in Section 95 or the person who has helped to commit such offence or the official of the concerned firm, company or organization who has helped to commit such offence shall be liable to a punishment up to the half of the punishment prescribed for the offender of the first degree.

97. Government of Nepal to be Plaintiff :

The cases relating to the offences referred to in Section 95 shall be filed by Government of Nepal as plaintiff and such cases shall be deemed to have been incorporated in Schedule -1 of the Government Cases Act, 2049 (1992).

98. Bank to Provide Information : In cases where the Bank has an information from any source that any one has committed the offences referred to in Section 95, the Bank shall forward such information in writing to Government of Nepal or the concerned agency for necessary actions.

99. Fine for Violation of Bank’s Regulation :

(1) In case any commercial bank or financial institution licensed under this Act, violates an order or directive issued by the Bank under this Act or under the regulation or Bye- laws framed thereunder, the Bank may fine such commercial bank or financial institution an amount up to the amount related to such violation.
(2) In cases where the Bank’s regulation referred to in Sub-section
(1) has been violated by a Director, official or employee of the commercial bank or financial institution, such fine shall be imposed on the concerned Director, official or employee.

100. Punishment for Violation of Bank’s Regulation :

(1) In case any commercial bank or financial institution licensed from the Bank, violates an order or directive issued by the Bank under this Act or under the regulation or bye-laws framed thereunder, the Bank may impose one or more of the following punishment to such commercial bank or financial institution:-
(a) Giving reprimand or written warning;
(b) Obtain an undertaking from Board of Directors for adopting reformative measures;
(c) Issuing written order to end up frequent violations, to abstain from such violation and to adopt reformative measures;
(d) Suspend or terminate the services of the Bank’s employee;
(e) Prohibit commercial bank or financial institution to distribute dividend to its shareholders;
(f) Prohibit commercial bank or financial institution to accept deposits or to grant loan and advance;
(g) Imposing full or partial restriction on the transaction of business of the commercial bank or financial institution;
(h) Suspend or revoke license of the commercial bank or financial institution.
(2) Where a Director or official or employee of a licensed commercial bank or financial institution violates an order or directive issued by the Bank under this Act or under the regulation or bye-law framed thereunder or in cases where, they have acted against the interest of the depositor or general public or where they failed to submit the documents, particulars, data required by the Bank or the inspecting or supervising official within the time prescribed, the Bank may impose the
following punishments to such Director, official or employee:-
(a) Giving reprimand or written admonition;
(b) Suspending;
(c) Imposing a cash fine not exceeding five hundred thousand rupees;
(d) Giving order to the Board of Directors of concerned commercial bank or financial institution to stop payment of all benefits including remuneration and
allowances;
(e) Giving order to the Board of Directors of the concerned commercial bank or financial institution to remove Directors from his office of Director or to terminate the services of officer or employee.

101. Procedures for Pecuniary Penalty and Punishment :

(1) While imposing pecuniary penalty or punishment pursuant to Sections 99 and 100, the Bank shall have to follow the following procedures:-
(a) Prior to imposing pecuniary penalty or punishment, the Bank shall issue a written notice to the accused institutions or persons stipulating the following
matters to submit its reply within fifteen days, on the proposed fine or punishment:-
(1) Nature of the offense,
(2) Amount of fine or proposed punishment that may be imposed on the basis of nature of offence, and
(3) Summary of the facts related to the offence.
(b) The institution or person accused pursuant to Clause
(a) should submit written replies within fifteen days accepting or denying the charges.
(c) In case the denial of the charge by the accused institution or person is found to be satisfactory, the Bank may change, limit or dismiss such charge.
(d) In case the accused institution or person accept the charge or does not give satisfactory replies, the Bank shall impose such fine or punishment.
(e) The Bank may issue order to deduct the amount of fine imposed pursuant to Clause (d) from the accounts of the concerned commercial bank or financial institution maintained at the Bank.
(2) The cash fine to be recovered by the Bank pursuant to Clause (e) of Sub-Section (1) shall be deposited in the general reserve fund.
(3) Notwithstanding anything contained in Sub-section (1), there is no need to follow such procedure while imposing punishment under Clauses (a), (b), (c) or (d) of Sub-section (1) and Clauses (a) and (b) of Sub-section (2) of Section 100.

102. Filing Appeals : The commercial bank or financial institution or the director or official or employee thereof not satisfying with the punishment imposed by the Bank under Sections 99 and 100 may, within thirty five days from the date of punishment, file an appeal at the Appellate Court.

11. Authority of Government of Nepal

11. Authority of Government of Nepal:

(1) Government of Nepal may issued an order to stop the exhibition of any motion picture of it thinks necessary to do so
for the security of Nepal or public peace or order.
Provided that, reasonable time shall be given to the concerned person to put his/her defense prior to issuance of such order.
(2) Government of Nepal may, by a Notification published in the Nepal Gazette, delegate its power conferred to it, under this Act to the board framed
pursuant to Section 10A or any official or committee.

20. Repeal

20. Repeal: The Extradition Act, 2020 has been repealed.
Note : The words changed by The Act Amending Some Nepal laws, 2063 :- “Government of Nepal” Instead of “His majesty’s Government”

Chapter-7

Chapter-7
Miscellaneous
30. Registrar and his functions, duties and powers :

(1) Government of Nepal may, by a notification in the Nepal Gazette, designate any officer of at least Gazetted second class to act as the Registrar pursuant to this Act.
(2) In addition to those mentioned elsewhere in this Act, the functions, duties and powers of the Registrar shall be as follows:
(a) To monitor and control the royalty collecting body,
(b) To hear complain as prescribed made by any party who is not satisfied with the royalty fixed by the royalty collecting body,
(c) To perform, or cause to be performed such other functions as prescribed for the accomplishment of the objective of this Act.

31. Appeal against order and decision of Registrar : An party who is not satisfied with any order or decision made by the Registrar may make an appeal
in the Appellate Court in the area where the Office of the Registrar is situated, within thirty-five days.

32. Power to seize copies of work, sound recording or other materials :

(1) In cases where any person doubt that any one has published or reproduced or is about to publish or reproduce any work or sound recording contrary to Section
25 and makes a complaint before the police who has a duty of investigating the offense under this Act, the police shall make necessary arrangements for
preventing the copies of such work or sound recording from being sold and distributed and may, in cases where required, search the copies of such work or
sound recording and seize the same pursuant to the law in force.

(2) In conducting search and seizure pursuant to Sub-section (1), the machine including materials used to publish and reproduce the copies of such
work or sound recording may also be seized.

33. To destroy copies of work, sound recording or other materials : In cases where the copies of the work or sound recording seized pursuant to
Section 32 are held by the court liable to be seized, they shall be destroyed in presence of the representatives of the District Administration Office and the
Local body.

34. Power of Customs Officer to stop importation of unauthorized copies :
(1) In cases where any person suspects that any other person is importing copyrighted materials into Nepal in an unauthorized manner, such a person may
make an application, accompanied by the evidence, to the Custom Officer to prevent the importation of such material.
(2) In cases where, in conducting necessary investigation upon receipt of an application pursuant to Sub-section (1), the demand of the applicant appears
reasonable, the Customs Officer may prevent the materials to be imported for a maximum of twenty working days at the rate of ten working days at a time.
(3) Notwithstanding anything contained in Sub-sections (1) and (2), in cases where the Customs Officer learns or suspects that any one is importing
copyright reserved materials into in an unauthorized manner, he/she may prevent such materials for a maximum of twenty working days at the rate of ten
working days at a time.
(4) Other procedures on the prevention of importation of unauthorized copies shall be as prescribed.

35. To try and settle cases : (1) The concerned District Court shall have the powers to try and settle cases punishable under this Act.
(2) In trying and settling cases under this Act, the procedures referred to in the Summary Procedures Act, 2028 (1971) shall be followed.

36. Power to order for withholding : In cases where, in the course of trying and settling a compliant pursuant to this Act, the District Court, at the request of the
concerned party, thinks it reasonable to stop any activity contrary to this Act, it may order the concerned person or body to stop such activity.

37. To be state cases : (1) The cases punishable under Sections 27 and 28 shall be state cases and those cases shall be considered to be included in Schedule-1 of
the State Cases Act, 2049 (1992).
(2) A police officer of at least the rank of police inspector shall investigate and inquire into the cases under this Act.

38. Limitation: In cases where any right under this Act is infringed, a case has to
be filed within three months of the knowledge of such infringement.

39. Provisions relating to royalty collecting body : (1) Generally, one royalty collecting body shall be formed as prescribed in one discipline for the purposes
of fixing, collecting and distributing royalty of the works relating to copyright.
(2) The royalty collecting body formed pursuant to Sub-section (1) has to be registered with the Registrar in the manner as prescribed.
(3) The royalty collecting body shall be an autonomous body corporate with perpetual succession.
(4) The royalty collecting body shall have a seal of its own for all of its activities.
(5) The royalty collecting body may, like an individual, acquire, use, sell and dispose of or otherwise manage movable and immovable property and may,
like an individual, sue and be sued by its name.
(6) Government of Nepal may specify the terms to be followed by the royalty collecting body; and it shall be the duty of the royalty collecting body to
abide by such terms.

40. Copyright Government of Nepal : (1) Government of Nepal shall have the  copyright over the work prepared by Government of Nepal.
(2) Government of Nepal may rent or sell the right accrued to it pursuant to sub-section (1) to any person or organization or give authorization to use the
same in any other manner.

41. Calculation of year: In calculating a year pursuant to this Act, it shall be calculated from the New year as per Bikram Sambat that starts from the end of
the year on which the work was published or communicated publicly or sound recording was produced.

42. Powers to frame rules : Government of Nepal may frame necessary Rules in order to carry out the objectives of this Act.

43. Repeal and saving : (1) The Copyright Act, 2022 (1965) is hereby repealed.  (2) The remaining term of protection of the copyright of a work
published publicly prior to the commencement of this Act shall be deemed to have been protected pursuant to this Act.
(3) The acts and actions done and taken under the Copyright Act, 2022 (1965) shall be deemed to have been done and taken under this Act.

Chapter – 11

Chapter – 11
Miscellaneous
56. In respect of the goods or services to be supplied within the
Kingdom of Nepal: Government of Nepal or any organisation or office
owned by Government of Nepal or constitutional body shall, while
procuring the goods or services valued at mare than ten thousand rupees
within the Nepal, at one time procure such goods or services from a
registered person only.
57. In respect of diplomatic privilege : For purpose of Clause (a) of Subsection
(1) of Section 25 of the Act, a person with diplomatic privilege
has to make an application, accompanied also by a receipt given by the
Ministry of Foreign Affairs to the Department to get the refund of tax
amount.
58. Free assistance and notice: Government of Nepal shall provide the
following assistance and notice free of cost :-
(a) Information of the process required to be followed for tax
purpose.
(b) Publications relating to taxpayer education.
59. Pleading relating to value added tax: Any case relating to tax shall
be pleaded by the government attorney.
60. Format of identity card: The identity card of the Tax Officer shall be
in the format referred to in Schedule – 21.
61. Power to frame manuals: The Ministry of Finance, Government of
Nepal may frame and issue necessary manuals to implement the Act and
these Rules.
62. Alteration in schedules: Government of Nepal may, by a notification
published in the Nepal Gazette, make necessary alteration in the
Schedules.
63. Repeal and saving: (1) The following Rules are, hereby, repealed:-
(a) The Entertainment Tax Rules, 2018 (1961).
(b) The Sales Tax Rules, 2024 (1967).
(c) The Contract Tax Rules, 2024 (1967).
(2) The acts and actions done and taken under the Rules referred
to in Sub-rule (1) shall be deemed to have been done and taken under
these Rules.

Schedule 8

Schedule 8
(Relating to Sub-rule (2) or Rule 12, 25 and Sub-rule (2) of Rule 26)
License fee
Types of Utilization of water Resources Fee
(a) Drinking water and domestic uses Rs.100.00
(b) Irrigation Rs.200.00
(c) Agricultural use such as animal Husbandry and fishery Rs. 100.00
(d) Cottage industry, industrial enterprise and fishery Rs. 200.00
(e) Water Transport Rs. 500.00
(f) Entertainment use Rs. 500.00
Other uses Rs.500.00

Right to Information Rules, 2065 (2009)

Right to Information Rules, 2065 (2009)
In exercise of the power conferred by Section 38 of the Right to Information Act, 2064  (2008), Government of Nepal has framed the following Rules:

1. Short Title and Commencement

1. Short Title and Commencement:

(1) These Rules may be called “Right to  Information Rules, 2065 (2009)”.
(2) These Rules shall come into force immediately at once.

2. Definitions

2. Definitions: Unless the subject or context otherwise requires, in these Rules-
(a) “Act” means Right to Information Act, 2008.
(b) “Secretary” means Secretary of the Commission designated pursuant to  Rule 20

3. Information to be published

3. Information to be published:

In addition to matters stated in Sub-Section (3) of  Section 5 of Right to Information Act, Public Body shall publish following  information by listing thereof:
(a) Details of programme or project run by the Public Body in the previous fiscal year, if any,
(b) Details of website of the Public Body, if any,
(c) Details of information of the Public Body published or to be published  elsewhere if any.

4. Fees for Information

4. Fees for Information:

(1) The fees in relation to the information requested by the  applicant shall be as provided separately in the prevailing laws pursuant to Section 7 of the Act and in the absence of such provision, the following fees shall be  submitted before the Public Body:
(a) Rs. 5/- per page for the information prepared or maintained  on general size paper (8.3 inch width and 7 inch length)
(b) Rs. 10/- per page for the information prepared or maintained  in as bigger size as mentioned in the Clause (a).
(c) Rs. 50/- for each Diskette, CD for the information to be  provided through Diskette, CD or other similar electronic
devices.
(d) Rs. 50/- per hour per person for the study or observation of any document, material held in or visit or observation of  publicly importance undergoing construction site of the  Public Body, if that has to be done for more than half an hour.  Provided that, no fees shall  be charged for the  observation of public library or public place available in  free of cost.
(2) Notwithstanding anything contained in Sub-Rule (1), concerned public body shall have to provide information prepared or contained normal size paper  upto five pages in free of cost.
(3) Notwithstanding anything contained in Sub-Rule (1), if cost would be incurred more than as stated in the sub-rule herein above, the concerned body shall  determine the fee based on actual cost.
(4) Notwithstanding anything contained elsewhere in this Rule, public body  may collect the fees for information in cash or may cause to submit deposit  voucher of any particular bank or to affix the stamp (ticket) in the application as  equal to the amount thereof.
(5) Fees as mentioned in this Rule, for information, shall be reviewed in  every two years.

5. Registration of an Appeal

5. Registration of an Appeal:

(1) A person, submitting an appeal pursuant to Sub- Section (1) of Section 10 of the Act, shall file the appeal before the Commission in a format as prescribed in the Schedule.
(2) The concerned person may file an appeal in person if s/he so whishes or through the concerned Public body or concerned District Administration Office or any Post Office in the curse of filing an appeal pursuant to Sub-rule (1).
(3) If a person registers an appeal through Public Body or District  Administration Office pursuant to Sub-Rule (2), the said Office shall forward the id appeal to the Commission within three days upon issuing a receipt of
acknowledgement to the person submitting an appeal.
(4) If, the secretary, finds the appeal received pursuant to Sub-rule (1) and (2) with in the limitation as mentioned in the Act upon an inquiry, shall register such appeal accordingly.
(5) If the course of inquiry of an appeal pursuant to Sub-rule (1), if the secretary finds it elapse the limitation as mentioned in the Act, he/she shall endorse the same note in the appeal.

6. Proceedings and Decision of Appeal

6. Proceedings and Decision of Appeal:

(1) The Commission, while proceeding  and making decision on appeal, shall have to decide thereof based the evaluation  of the claim of the Appellant, reply of the concerned Chief and the obtained proofs  and evidence.
(2) The Commission shall have to finalize the appeal within Sixty days from the date of appeal received by the Commission.
(3) While issuing an order in the name of the concerned chief based on the claim of the Appellant or issuing an order to quash the appeal, the Commission shall give reasons and justifications

7. Procedure may be Determined:

7. Procedure may be Determined:
(a) The Commission may determine the necessary procedure, in the course of  proceeding and deciding the appeal, as to summoning to the concerned  Chief, Information Officer or other related person for the statement before
the Commission or producing document or proof and evidence from the  concerned person.
(b) The Commission shall make public procedure laid down under Sub-rule  (1)

8. Proceedings of the Commission

8. Proceedings of the Commission:

Except otherwise provided in the Act and  these Rules all the proceedings to be carried out by the Commission shall be carried out by the decision taken in the meeting of the Commission.

9. Meeting and Decision of the Commission

9. Meeting and Decision of the Commission:

(1) Meeting of the Commission shall  be held as per necessity.
(2) The Secretary shall provide the date, time and agenda for discussion of meeting of the Commission to the Information Commissioner as per the  instruction of the Chief Information Commissioner,
(3) The quorum for the meeting of Commission shall be deemed to be  complied when Chief Information Commissioner and at least one Information Commissioner or two Information Commissioners are present on the meeting. In  case, there is a dissenting opinion (tie) in any matter to be decided in such  meeting, such matter shall be submitted in the next meeting in which the Chief  Commissioner or Commissioner who was not present earlier is present.
(4) The meeting of the Commission shall be chaired by the Chief Information Commissioner. In the absence of Chief Information Commissioner the  senior most Information Commissioner among the present Information
Commissioners shall chair the meeting and the Information Commissioner who, is  chairing the meeting may exercise the powers of the Chief Information  Commissioner.
(5) Opinion of the Majority Information Commissioner shall deem to be a  decision of the Commission.
(6) The Secretary shall authenticate and maintain the decision of the  Commission.
(7) The other procedures of the meeting of the Commission shall be as determined by the Commission itself

10. Remuneration

10. Remuneration:

The remuneration of the Chief Information Commissioner and the  Information Commissioner shall be Twenty Four Thousand Three Hundred and Twenty Two Thousand Eight Hundred rupees respectively. Provided that, notwithstanding anything contained in these rules, the Chief  Information Commissioner and Information Commissioner shall be receive  provided the remuneration as they are currently drawing at the time of commencement of these Rules.

11. Residence, Electricity, Water and Telephone Facility

11. Residence, Electricity, Water and Telephone Facility:

(1) Chief Information Commissioner and Information Commissioner, who do not have house within Kathmandu Valley in their own name or in the name of any family member  staying jointly, shall be provided house rent of Twelve Thousand One Hundred  Fifty Rupees and Eleven Thousand Four Hundred Rupees per month respectively.
(2) Chief Information Commissioner and Information Commissioner  having house within Kathmandu Valley shall be provided One Thousand Five  Hundred Rupees and One Thousand Two Hundred Rupees per month respectively
for house cleaning and maintenance.
(3) Each of Chief Information Commissioner and Information  Commissioner shall be provided One Thousand Five Hundred Rupees as Telephone, Electricity and Water facility

12. Vehicle and Fuel Facility

12. Vehicle and Fuel Facility:

(1) Government of Nepal shall provide each of Chief  Information Commissioner and Information Commissioner a vehicle with driver, 100 liter fuel per month and five liter lubricant on quarterly basis.
(2) Government of Nepal shall provide an amount equal to the a light  vehicle driver, 100 liter fuel per month and five liter fuel per month and five liter  lubricant on quarterly basis to each of Chief Information Commissioner and
Information Commissioner who use their private vehicle.
(3) Periodic maintenance of the vehicle provided pursuant to sub-rule 1  shall be arranged by the Commission.
(4) In the circumstances of non arrangement of vehicle in accordance with  Sub-Rule (1) and (2), the Chief Information Commissioner and Information Commissioner shall be provided Fifteen Thousand and Twelve Thousand Rupees  per month respectively for vehicle and fuel facility.

13. Treatment Expenses

13. Treatment Expenses:

(1) Chief Information Commissioner and Information  Commissioner shall be provided treatment expenses, the lesser amount, from  either one month equivalent remuneration or real expense incurred as per invoice  for the treatment.
(2) Notwithstanding anything contained in Sub-Rule (1), if the Chief  Information Commissioner and Information Commissioner require additional  treatment, Government of Nepal may provide the additional amount for treatment
as found appropriate by the Government of Nepal, based on the recommendation  of the Medical Board appointed by the Government of Nepal.
(3) Notwithstanding anything contained elsewhere in this Rule, in order to  have treatment of Chief Information Commissioner and Information Commissioner, Commission may arrange for heath insurance in consultation with
the Government of Nepal shall and if such arrangement is made then treatment  expense as per this rule shall not be provided.

14. Daily and Travel Allowance

14. Daily and Travel Allowance:

(1) Chief Information Commissioner and Information Commissioner shall be provided daily and travel allowances, as follows for discharging their job related task within Nepal.
(a) Daily Allowance: Five hundred Rupees.
(b) Travel Allowance:
(2) If it requires night stay on travel pursuant to Sub-Rule (1) Chief Information Commissioner and Information Commissioner shall be provided at the maximum for Seven days not more than One Thousand Two Hundred Rupees
as per the invoice of hotel registered for the tax purpose.
(3) Chief Information Commissioner and Information Commissioner shall  be provided additional allowance for traveling in any remote district if that is so  provided under prevailing law.
(4) While traveling outside the Nepal, to participate in different ceremony,  festival, conference etc. on behalf of Government of Nepal or their job related task, Chief Information Commissioner and Information Commissioner shall be provided US$ 175 as daily and travel allowance.
Provided that, for having night stay other than Chennai, Hyderabad,  Bangalore, Mumbai, Delhi, Kolkata of India and Dhaka and Chatagaun of Bangladesh only fifty percent of such amount shall be provided.

(5) While traveling outside Nepal pursuant to Sub-Rule (2), full allowance  shall be provided for the day of departure if so this Rule and in regards to the returning day from travel, half of the amount of the daily allowance entitled before returning day shall be provided.
(6) Notwithstanding anything contained in Sub-rule (2) Chief Information  Commissioner and Information Commissioner shall be provided US$ 25 per day as pocket expenses if the total cost of participation in ceremony, festival or conference is borne by the Foreign Government or Institution.

15. Festival Expenses

15. Festival Expenses:

(1) Chief Information Commissioner and Information  Commissioner shall be provided festival expense, equal to the amount of the remuneration for the amount of the remuneration for a month, every year, to  celebrate festival according to their own religion, culture and custom.
(2) Chief Information Commissioner and Information Commissioner, once  in a fiscal year, may receive the amount pursuant to Sub-Rule (1) to celebrate his/her their main festival in accordance with own religion, culture and custom.

16. Conduct

16. Conduct:

Chief Information Commissioner and Information Commissioner shall  have to abide by the conduct in accordance to their service and designation and such provisions of conduct shall be prepared and implemented by the Commission
itself

17. Leave

17. Leave:

(1) Chief Information Commissioner and Information Commissioner shall get six days of casual leave and six days festival leave with remuneration every year.
(2) Chief Information Commissioner and Information Commissioner shall get thirty days of home leave in maximum with remuneration every year.
(3) Chief Information Commissioner and Information Commissioner shall  get up to twelve days of sick leave with remuneration every year.
(4) Chief Information Commissioner and Information Commissioner may  reserve home leave and sick leave and s/he may get the total amount so reserved from home leave and sick leave at the rate of remuneration s/he has been receiving even if s/he retires from the post for any reason.
(5) Chief Information Commissioner and Information Commissioner shall get mourning (Kiriya) leave not exceeding fifteen days with remuneration based on religious practice.
(6) If woman Chief Information Commissioner and woman Information  Commissioner become pregnant, she shall get not exceeding sixty days of maternity leave at a time either before or after maternity period with remuneration.

18. Authority to issue Leave

18. Authority to issue Leave:

(1) The Chief Information Commissioner may take causal leave and festival leave on his/her own and other leaves shall have to be  approved by the Government of Nepal.
(2) Information Commissioner cause to approve all the leaves from the  Chief Information Commissioner

19. To work being as an Officiating

19. To work being as an Officiating:

(1) At the time when the Chief Information  Commissioner is on leave or has gone to abroad or his/her post is vacant, senior most information commissioner shall act as an officiating Chief Information  Commissioner for the period of such leave, abroad staying or until the fulfillment of the vacant post.
(2) If an Information Commissioner works as an officiating Chief Information Commissioner pursuant to Sub-Rule (1) for a period of more than ifteen days, remuneration and facilities shall be provided to him/her as good as to
the Chief Information Commissioner for the period of an officiating role.
(3) For the purpose of these Rules seniority shall counted based on the date of appointment and if the appointment date of all commissioners is the same, seniority shall be counted based on the roll of appointment