Nepal Tourism Board Rules, 2055 (1999)


Published: 1999

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Nepal Tourism Board Rules, 2055 E

Nepal Tourism Board Rules, 2055 (1999)
By exercising the Power conferred on it by Sub-section (1) of Section 25 of the
Nepal Tourism Board Act, 2053 (1997), Nepal Tourism Board has made the following
Rules with the approval of Government of Nepal.
Chapter-1
Preliminary
1. Short Title and Commencement: (1) These Rules may be called the "Nepal
Tourism Board Rules, 2055(1999)"
(2) These Rules shall come into force immediately.
2. Definition: unless the subject or context otherwise requires, in these Rules,-
(a) "Act" means the Nepal Tourism Board Act, 2053(1997).
(b) "Tourism entrepreneurs" means a person, firm, company or an organization
who operates on tourism business.
(c) "Service fee" means the service fee that the Board is entitled to receive
from the tourist and tourism entrepreneurs as per Rules.
Chapter-2
Provision Relating to Service Fee
3. Service Fee: The Board may receive the following service fee from the tourist and
tourism entrepreneurs pursuant to Section 7 of Act:-
(a) Service fee as determined by the committee for the service to be rendered to
the tourist by the Board.
(b) Service fee of Two percent over the total amount paid by each tourist to the
tourism entrepreneurs who operated the tourism busines as prescribed by
the committee.
(c) If the Board has provided special consultation or service to any tourist or
tourism entrepreneur, service fee as determined by the committee for
providing
4. Collection of Service Fee: The Board may collect service fee from a tourist and
tourism entrepreneur for providing direct or indirect consultation or service.


Provided that, the Board may specify particular servic fee may not be
changed for any consultation or service.
5. Representative may be appointed to collect the Service Fee: (1) The Board may
appoint a tourism entrepreneur or any other person or body, its representative to
collect the service fee, or to collect service fee through any other method.
(2) If the committee considers it necessary, the Board may collect fee from
a tourist directly, as per the procedure prescribed by the committee.
6. To Deposit in Fund: (1) The responsibility and liability of depositing the amount
of service fee collected from a tourist into Board's fund shall be that of the
concerned tourism entrepreneur or person or body authorized by the Board.
(2) Where the Board appoints a tourism entrepreneur as a its representative
to collect service fee pursuant to Sub-rule (1) of Rule 5, such tourism entrepreneur
shall have to deposit the amount to be paid by itself to the Board it's while
depositing the amount of service fee collected intothe Board's fund pursuant to
Sub-rule (1).
(3) A tourism entrepreneur or any other person or body appointed by the
Board as its representative to collect the service fee pursuant to Rule 5 shall after
having deposited the amount into the Board's fund, give a notice in writing thereof
to the Board.
(4) Except otherwise provided in Sub-rule (1) and (2) the other procedure
relating to collecting service fee from tourist or tourism entrepreneur and
depositing such amount into fund of the Board shall be as prescribed by the
Committee.
7. Action to be taken Against Defaulters: (1) Where the tourism entrepreneur or
any other person or body, having the duty to collect and deposit service fee, fails
to collect or to deposit into Board's fund even after collecting, the Board may take
necessary action to recover amount for service fee from such tourism entrepreneur
or any person or body.


(2) The Board may request to the concerned authority f Government of
Nepal to suspend or cancel the license of such tourism entrepreneur, if tourism
entrepreneur fails to deposit into the Board's fund.
(3) Where a request is made pursuant to Sub-rule (2), the concerned
authority of Government of Nepal shall cause to the concerned tourism
entrepreneur to pay the amount of loss caused to the Board and if such tourism
entrepreneur does not pay the loss amount, Government of Nepal may suspend or
cancel the license for a specified period of such tourism entrepreneur.
(4) The Board may recover reasonable reparation from the concerned
tourism entrepreneur, for a loss caused to the Board.
Chapter-3
Provision Relating to the Chief Executive Officer
8. Procedure for Selection of Chief Executive Officer: (1) The committee shall
form a Three–member Sub-committee, from among the members nominated
pursuant to Clause (g) of Sub-section (2) of Section 9 of the Act to select and
recommend the appropriate candidate for the appointme t to the Chief Executive
Officer.
(2) The Sub-committee constituted pursuant to Sub-rule (1) shall publicly
call application; prepare a list of persons desiring the qualification as mentioned in
Section 14 of the Act and recommend the name of three candidates to the
committee for the appointment to the post of Chief Executive Officer from among
persons enlisted in such list with specially qualified, trained and experienced in
tourism field.
9. Appointment of Chief Executive Officer: (1) The Committee shall appoint the
Chief Executive Officer of the Board from among those persons recommended to
committee pursuant to Sub-rule (2) of Rule 8 whom it considers appropriate.
(2) If the person so appointed, to the Post of Chief Executive Officer
pursuant to Sub-rule (1), is being engaged in Governm ntal, non-Governmental


service or any occupation, he/she shall retire from such service or occupation. If
one does not retire such appointment shall be ipso facto void.
10. Remuneration, Facility and conditions of Service of the Chief Executive
Officer: The remuneration, facility and other terms and conditions of service of
the Chief Executive Officer shall be as prescribed in By-laws.
11. Assessment of the Chief Executive Officer's Work Performance: (1) The
committee shall evaluate work performance of the Chief Executive Officer every
year.
(2) The basis of the work performance evaluation to be made pursuant to
Sub-rule (1) shall be as prescribed by the committee.
12. Procedure for Removal of Chief Executive Officer from the Posts: (1) If the
Chief Executive Officer fails to discharge duty purs ant to Sub-section (4) of
Section 14 of Act, the committee shall constitute a Three-member inquiry Sub-
committee consisting of a member of the committee as well to inquire that matter.
(2) The inquiry Sub-committee, under Sub-rule (1), in the course of inquiry
may call Chief Executive Officer and other concerned p rsons to appear before the
Sub-committee for necessary inquiry, to take statement and to collect necessary
documents and evidence.
(3) After completion of inquiry, the inquiry Sub-committee shall submit its
report along with its opinion to the committee.
(4) If the report submitted by the Inquiry Committee pursuant to Sub-rule
(3) reveals that the Chief Executive Officer is found to have carried out an act
against the interest of the Board causing thereby a loss to the Board or not
discharged duties in consistency with the direction f the committee, the
committee shall issue a notice to the Chief Executive Officer with reasons and
grounds to submit clarification in a reasonable time. On non-submission of
clarification by the Chief Executive Officer within said time period or on his/her
clarification being unsatisfactory, the committee may remove Chief Executive
Officer from the post.


(5) If the Committee considers the continuation of the duty of the post of
the Chief Executive Officer may be in against of the interest of the Board, the
committee may prevent from discharging duty or suspend such Chief Executive
Officer until the inquiry is complete, after the Sub-committee to examine the
allegation made against the Chief Executive Officer is formed pursuant to this
Rule.
(6) In case, it is so proved that the loss was made to the Board knowingly
by the Chief Executive Officer, the board shall initiate for necessary action to
recover the loss made by such Chief Executive Officer.
13. Other Functions, Duties and Powers of the Chief Executive Officer: In
addition to the functions, duties and powers set-forth is Section 15 of Act, the
other functions, powers and duties of the Chief Executive Officer shall be as
follows:
(a) To carryout financial, administrative and other functions as per the Act,
these Rules and Bye-laws.
(b) To act as liaison officer on behalf of the Board with Government of Nepal,
foreign and domestic persons and Organizations.
(c) To make or cause to make follow-up and evaluation necessary in the course
of implementation of long term and short term of plan and programme
approved by the Board.
(d) To prepare suggestion necessary to solve the policy riented problem
discovered in the course of implementation, follow-up and evaluation on
plan and programme, pursuant to Clause (c).
(e) To prepare agenda for the meeting of the committee after consultation with
the chairperson.
(f) To cause to keep safe the updated document related with Board’s functions
and proceedings including the record of decision.
(g) To comply with or caused to be complied with direction given by the
committee and the Chairperson.


(h) To protect and manage the movable and immovable property of the
Board.
(i) To perform other functions and take actions as prescribed by the
committee.
Chapter-4
Miscellaneous
14. Daily and Travel Allowances of the Chairperson, Vice-Chairperson and the
Member of the Board: (1) The Chairperson, Vice-Chairperson and the Members
of the Board shall, while traveling within the country and abroad in connection of
the Board’s programme, receive daily and travel allowance, clothing allowance
and expenses, as prescribed in the By-laws.
(2) Notwithstanding anything contained in Sub-rule (1), members
representing to the Board pursuant to clause (f) of Sub-section (2) of Section 9 of
the Act shall not receive such allowance and expense.
15. Organization Chart and Division of Work of the Board: (1) The organization
chart and work division of the work of the Board shall be as prescribed by the
committee.
16. Official to Issue Administrative Order: (1) The administrative order issuable
under these Rules shall be issued by the Chief Executiv Officer or an Officer
level employee so authorized by the Chief Executive Officer.
(2) An Officer level employee of the Board shall have the power to certify
the order issued pursuant to Sub-rule (1).
17. Record of the Decision to be Kept: (1) The Member-secretary shall record the
decision made in every meeting of the committee in m ute-book and cause the
signature or the members in it.
(2) A member, who is not satisfied with the decision f the Board made
pursuant to Sub-rule (1), may sign in the minute book with separate remarks.
Provided that, the member attending the meeting of the Board, shall receive
travel allowance and Hotel Expenditure for a period of not more than Two days


that is for approaching day and attending day. Such allowance and Hotel
Expenditure shall be equal to received by the Chief Executive Officer pursuant to
Financial Bye-laws, 2055 of the Nepal Tourism Board.
18. Copy of Decision to be Made Available: The Member-secretary shall make
available of the decision of the committee to all members.
19. Annual Report to be submitted: The Chief Executive Officer shall submit an
annual report pursuant to section 21 of the Act which shall also contain
programme, cost, work progress and reform to be don in the future.
20. Oath: Other than the member representing Government of Nepal, the member, the
Chief Executive Officer and every staff of the Board shall take the oath of office
before taking charge of their post as mentioned in Schedule 1.
21. Inspection and Supervision: The committee may inspect and supervise and cause
to be inspected and supervised Central, Branch and Sub-branch offices of the
Board at any time as per necessity.
22. Handover: The Chairperson, vice-chairperson and members shall handover cash,
kinds or other documents concerned with the Board within Seven days of their
removal from the post, to the member-secretary or authorized officer and take the
receipt.
23. Office Time of the Board: The office time of the Board shall be as prescribed y
the Committee.


Schedule-1
(Relating to Rule 20)
Form of Oath of Secrecy

I …………………………………………………….. …………………… hereby take
oath in the name of God/in good faith that as a member/Chief Executive/staff of the
Board that I shall discharge the duty entrusted to me to the best of my commence
honestly and dutifully being loyal to the Board without any fear, prejudice or enmity,
benefit, favour and subject to the Nepal Tourism Board Act, 2053 (1997), Nepal Tourism
Board Rules, 2055 (1999), and Bye-laws made thereunder. I shall not disclose any
confidential matter of my knowledge directly or indirectly by word or sign in any
condition while holding the post or not to any person other than the authorized person.
Oath taking officers Authority
certifying the oath
Name:- Name:-
Signature:- Signature:-
Designation:- Designation:-
Date:- Date:-