B. P. Koirala Institute of Health Sciences Act, 2049 (1993)


Published: 1993

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BP Koirala Institute, 2049 English

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The B. P. Koirala Institute of Health
Sciences Act, 2049 (1993)
Date of Authentication and Publication:
2049.10.5 (18 Jan., 1993)
Amendments:
1. The B. P. Koirala Institute of Health Sciences
(First Amendment) Act, 2055(1998) 2055.7.11(28 Oct., 1998)
2. Income Tax Act, 2058 (2002) 2058.12.19 (1 April, 2002)
3. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010) 2066.10.7(21 Jan., 2010)

Act number 48 of the year 2049(1993)
An Act made to provide for the B. P. Koirala
Institute of Health Sciences
Preamble:
Whereas, it is expedient to make legal pro vis ions for the
establishment and operat ion of the B. P. Koirala Institute of Health
Sciences, which is of national importance, in order to keep on making
Nepal re liab le in the filed of health services in a gradual manner, to
pro vide the general public w ith standard health services, to prepare
such human resources as may be required to promote high standard


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study and research w orks on health, w ith a view to eterna l ly
commemora te people ’s leader la te Bishweshor Prasad Koirala ;
Now, therefore, be it enac ted by the Par liament in the Twenty
f irs t year of the re ign of H is Ma jesty K ing Birendra Bir Bikram Shah
Dev.
Chapter-1
Preliminary
1. Short ti tle and commencement:
(1) This Act may be ca lled as the "B. P. Koirala Institute of
Health Sciences Act, 2055(1993).”
(2) This Act sha ll come into force immediate ly.
2. Defin itions :
Un less the subjec t or the context otherwise requires, in th is
Act :
(a) "Institute " means the B. P. Koirala Institute of Health
Sciences established under Sec tion 3.
(b) “Council” means the Govern ing Council formed pursuant
to Sec t ion 7.
(b1)1 “Chancellor” means the Chancel lor as re ferred to in
Sec t ion 11.
(b2)2 “Pro-Chance llor” means the Pro-Chancellor as re ferred to
in Sec t ion 11A.
1 Inserted by the First Amendment. 2 Inserted by the First Amendment.


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(c)3 “Vice-Chancel lor” means the V ice-Chancellor as referred
to in Sect ion 11B.
(c1)4 “Rector, Registra r and Hospital D irec tor” means the
Rec tor, Registrar and Hospital D irector appointed
pursuant to Sec tion 11C.
(d) "Prescr ibed" or "as prescr ibed" means prescr ibed or as
prescr ibed in th is Act or the rules framed under this Ac t.
Chapter-2
Establishment, Objectives and F unctions, Duties
and Powers of B. P. Koirala Institute of Health Sciences
3. Establishment of B . P. Koirala Institute of Health Sciences:
(1) The B. P. Koirala Institute of Health Sciences is, hereby,
established in order to keep on making Nepal re liable in
the f i led of hea lth services in a gradua l manner, to
pro vide the general public w ith standard health services,
to prepare such human resources as may be required to
promote high standard study and research works on
hea lth. It sha ll be called as “B. P. Koirala Institu e of
Health Sciences” in English.
(2) The office of the Institute shall be situated in Dharan of
Sunsari D istr ict.
4. Institute to be autonomous body :
(1) The Inst itute shall be an autonomous body corporate with
perpetua l succession. 3 Amended by the First Amendment. 4 Inserted by the First Amendment.


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(2) The Inst itute shall ha ve a separate sea l o f its own for a ll
o f its act ivit ies.
(3) The Inst itute may, l ike an individua l, acquire, use, sell
and dispose of, or o therwise dea l w ith, any movable and
immovable property.
(4) The Inst itute may, like an ind ividua l, sue by its name and
be a lso sued by the same name.
5. Objectives of Insti tute:
The objec tives of the Inst itute shal l be as fo l lows:
(a) To impar t educa t ion of cer t if ica te, bache lor, master’s
degree and PhD le ve l to the persons who have possessed
qua l if icat ion as prescribed in medic ine, nurs ing and other
subjects of hea lth sector in order to prepare such human
resources as may be required for the de ve lopment of
standard hea lth services, while keeping on making the
country self-re liant in the hea lth sec tor.5
(b) To provide standard health se rvices, give various
tra inings on health and give ad vice to and seek advice
from other hea lth inst itutes.
(c) To do necessary research works on hea lth sector.
(d) To make pro vis ion of research and trea tment of in fec tious
and trop ica l diseases and establish a Inst itu te of
excellence of nat iona l le ve l in these f ields.
5 Amended by the First Amendment.


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(e) To act as one of the na tiona l resource Inst itutes for the
development of human resources in health sec tor and for
tra inings to the teachers of health sc iences.
6. Functions, duties and powers of Insti tu te:
The func t ions, duties and powers of the Inst itu te sha ll be as
follow s:
(a) To carry out and promote teaching, learn ing and research
act ivit ies in var ious subjects of hea lth sector.
(b) To mainta in coord ination w ith nat ive or foreign
univers ity, hospital or educa t iona l inst itutes in order to
enhance the standards of the works opera ted by the
Inst itute,
(c) To ha ve exchange of mutua l assis tance by establishing,
expanding and strengthening relat ionship w ith any nat ive
and fore ign unive rs it ies and institutes6 and na tiona l and
internationa l organizations re lated with hea lth.
(d) To make provision of teaching, tra ining and research
works on hea lth in order to prepare qua lif ied human
resource in the hea lth sector.
(e) To organize, or cause to be organized, symposia,
conferences etc. on hea lth re lated subjects and make or
cause to be made var ious publicat ions on hea lth, for the
atta inment of the object ives of the Inst itu te.
(f) To obtain f inancial, technica l and other assistance from
nat ive and fore ign person and nat iona l and in terna tional
6 Inserted by the First Amendment.


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bodies and mobil ize such assistance for hea lth re lated
works for the opera t ion of, and in consonance with the
object ives of, the Inst itu te.7
(g) To enhance, or cause to be enhanced, public awareness as
to the ut ility and value of hea lth services.
(h) To act as one of the ad visers of the Government of Nepal
in the de ve lopment of hea lth re lated pol ic ies and hea lth
sector.
( i) To provide f inancia l and technical assis tance to the
bodies in volved in health ser vices.
( j) To provide for educa tion and tra in ings to be imparted by
the Inst itute, take examina t ion, and grant bache lor’s,
master’s and doctora te degrees and other ce rtif icate.
(k) To pro vide scholarsh ips, meda ls and pr izes.
( l) To prepare curricula and course books for the
programmes imparting educat ion of ce rtif icate,
bache lor’ s, master’s and doctorate leve ls.8
(m) To de velop mode l in formation and research zones in the
d ist r ic ts presc r ibed for the d isseminat ion of informat ion
and promot ion of research works on health ser vices.
(n) To make necessary provis ions on the service, terms and
condit ions and facil ities of the office-bearers, teachers9
and employees se rving in the Inst itu te.
7 Amended by the First Amendment. 8 Amended by the First Amendment. 9 Inserted by the First Amendment.


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(o) To make appointments to var ious posts of the Inst itute, as
prescr ibed.
(p) To prescr ibe and collect educa tiona l and other service
fees.
(q) To borrow loans aga inst security o f any property of the
Inst itute.
(r) To invest the propert ies of the Inst itute.
(s) To establish a revolvin g fund of the Inst itute and operate
the fund as prescr ibed.
(t) To perform, or cause to be per formed such other
func tions as may be required for the accomplishment of
the objec t ives of the Institu te.
Chapter-3
Formation and functions, duties and powers of
Governing Council and Executive Committee
7.10 Formation of Governing C ouncil:
(1) There sha ll be formed a Govern ing Council consist ing of
the fo llowing members to per form the funct ions required
to be per formed by the Inst itu te:
(a) Pro-Chance llor Chairperson
(b)11 Member
10 Amended by the First Amendment. 11 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


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(c)12 Member
(d) Member, Nat ional P lanning
Commission ( looking a fter health
sector) Member
(e) One person nominated by the
Go vernment of Nepal from amongst
the former vice-chancel lors of the
Institute


Member
(f) A maximum of two persons
nominated by the Go vernment of
Nepa l, on recommendat ion of the
Executive Commit tee, from
amongst the vice-chancellors of
un ive rs it ies



Member
(g) Vice -chancellor, ……….13 Nepal
Academy of Sc ience and
Technology

Member
(h) One person from amongst the
em inent women soc ial act ivis ts
Member
(i) Secretary, Min is try of Hea lth Member
(j) Secretary, Min is try of Educa tion Member
(k) Secretary, Min is try of Finance Member
12 Deleted by The Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 13 Deleted by the Republic Strengthening and Some Nepal Laws Amend t Act, 2066.


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( l) Dean, Inst itute of Medica l Sciences
(Tr ibhu van Unive rs ity)
Member
(m) Chairperson, Nepa l Health
Research Council
Member
(n) Chairperson, Nepa l Medical
Council
Member
(o) Two persons nom ina ted by the
Go vernment of Nepa l, on
recommendat ion of the Executive
Commit tee, from amongst the
medical sc ient is ts



Member
(p) Mayor, Dharan Municipa lity Member
(q) Rector Member
(r) Registrar Member
(s) Hospita l D irec tor Member
(t) Two persons nom ina ted by the Pro-
Chancellor, on recommendation of
the V ice-Chance llor, from amongst
the teachers of the Inst itu te


Member
(u) A maximum of Two persons
nominated by the Pro-Chance llor,
on recommendat ion of the
Executive Commit tee, from




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amongst the renowned scholars,
soc ia l workers, industr ialis ts and
businesspersons

Member
(n) Vice -Chancel lor Member
Secretary
(2) The term of off ice of the nom inated members, other than
the ex of ficio members, out o f the members as re ferred to
in Sub-sect ion (1) of sha ll be Four years.
8. Meeting and Decision of Council:
(1) The Council shall hold its meeting at least Twice a year.
(2) The meeting of the Council shall be presided over by the chairperson
of the Council, and by the person selected by the members present at
the meeting from amongst themselves, in the absence of the
chairperson.
(3) The presence of Fifty percent members of the total number of
members of the Council shall be deemed to constitute a quorum for a
meeting of the Council.
(4) A majority opinion shall prevail at the meeting of the Council. In the
event of a tie, the chairperson may exercise the casting vote.
(5) The decisions of the Council shall be authenticated by the Member
Secretary of the Council.
(6) Other procedures relating to the meeting of the Council shall be as
determined by the Council itself.




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9. Functions, duties and powers of Council:
(1) In addition to the functions mentioned elsewhere in this Act, the
functions, duties and powers of the Council shall be as follows:
(a) To fix policies on teaching and research works to be carried
out by the Institute.
(b) To frame Rules of the Institute.
(c) To approve the plans and programmes of the Institute.
(d) To make appraisal and evaluation of progress on an ual
programs of the Institute, and approve annual budget.
(e) To perform such other acts as prescribed.
(2) The Council may form, as required, any committee and sub-
committee to perform any act required to be performed by it
pursuant to this Act.
(3) The functions, duties and powers and procedures of the committee
formed pursuant to Sub-section (2) shall be as prescribed.
10. Formation and functions, duties and powers of Executive
Committee:
(1)14 There shall be an Executive Committee consisting of the following
members to act as an executive body of the Institute:
(a) Vice-chancellor Chairperson
(b) Rector Member
(c) Representative, Ministry of Health Member
14 Amended by the First Amendment.


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(d) Director of the Hospital Member
(e) Two persons nominated by the Pro-Chancellor,
on recommendation of the Vice-Chancellor,
from amongst the departmental heads of the
Institute


Member
(f) Registrar Member
secretary
(2) The tenure of the members as referred to in Clause (e) of Sub-
section (1) shall be Two years.
(3) The other functions, duties and powers of the Executive Committee
shall be as prescribed.
Chapter-4
Provisions relating to office-bearers, teachers and
employees of Institute
11.15 Chancellor:
(1) The Prime Minister shall be the Chancellor of the Institute.
(2) The Chancellor shall chair the convocation of the Institute.
11A.16 Pro-Chancellor:
The Minister for Health or the Minister of State for Health shall be the Pro-
Chancellor of the Institute.
11B.17 Appointment of Vice-Chancellor:
15 Amended by the First Amendment. 16 Inserted by the First Amendment. 17 Inserted by the First Amendment.


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(1) The Chancellor shall form a committee under the chairpersonship of
the Pro-Chancellor and consisting of other Two membrs in order to
make recommendation to make appointment to the postof Vice-
Chancellor of the Institute.
(2) The Vice-Chancellor shall be the whole timer executive chief of the
Institute.
(3) The term of office of the Vice-Chancellor shall be Five years and
his/her tenure may be re-extended.
(4) The functions, duties and powers of the Vice-Chancellor shall be as
prescribed.
(5) Other provisions relating to the remuneration, terms and conditions
of service and facilities of the Vice-Chancellor shall be as
prescribed.
11C.18 Appointment of Rector, Registrar and Director of the Hospital:
(1) The Pro-Chancellor shall, on recommendation of the Vice-
Chancellor, appoint the Rector, Registrar and Director of the
Hospital of the Institute.
(2) The term of office of the Rector, Registrar and Director of the
Hospital shall be Five years.
(3) The functions, duties and powers of the Rector, Registrar and
Director of the Hospital shall be as prescribed.
(4) Other provisions relating to the remuneration, terms and conditions
of service and facilities of the Rector, Registrar and Director of the
Hospital shall be as prescribed.

18 Inserted by the First Amendment.


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11D.19 Removal from office:
(1) If one fourth of the currently existing members of the Council
make an application in writing to the Chancellor that the Vice-
Chancellor, Rector, Registrar and Director of the Hospital of the
Institute are failing to perform the duties of their respective posts,
the Chancellor shall form an inquiry committee under the
chairpersonship of the Pro-Chancellor and consisting of Two
members of the Council.
(2) The inquiry committee formed pursuant to Sub-section (1) shall hold
necessary inquiries into the matter and submit its report to the
Council.
(3) In cases where the report submitted pursuant to Sub-section (2)
indicates that the Vice-Chancellor, Rector, Registrar or Director of
the Hospital has not performed the responsibilities of his/her post,
the Council hold discussions on that matter. If a majority of the total
number of members of the Council adopts a resolution to remove
him/her from office for his/her such failure to perform the
responsibilities of his/her post and the resolution is submitted to the
Chancellor, the Chancellor shall remove him/her.
(4) In holding inquiries pursuant to Sub-section (2) bythe inquiry
committee formed pursuant to Sub-section (1), it shall give a
reasonable opportunity to him/her to defend him/herself.


19 Inserted by the First Amendment.


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12.20 Provisions relating to appointment, terms and conditions of
service and remuneration of teachers and employees of Institute:
(1) The provisions relating to the appointment, terms and conditions of
service and remuneration of the teachers and employees of Institute
shall be as prescribed.
(2) All the teachers and employees appointed pursuant to Sub-section
(1) shall be non-practicing.
Explanation :
For purposes of this Sub-section, “non-practicing” means
prohibition on carrying on any other kind of private business
including any medical practice and private tuition elsewhere
with or without consideration of remuneration, except the
official functions of the Institution.
13.21 ...........................
Chapter-5
Fund, accounts and audit of Institute
14. Fund of Insti tute:
(1) The Inst itute shall have a separa te fund of its own.
(2) The fund as re ferred to in Sub-sect ion (1) shall consist of
the fo llow ing amounts:
(a) Amounts received from the Government of Nepal,
(b) Loans, donation, gift , ass istance or grant received
from any person, organiza t ion or government,
20 Amended by the First Amendment. 21 Repealed by the First Amendment.


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(c) Amounts received from educat iona l fees and service
fees,
(d) Amounts received from any other sources.
(3) In rece iving amounts from a fore ign person, organiza tion,
government or in terna t ional organization, the Inst itute
sha l l obta in approva l of the Government of Nepal.
(4) The moneys of the fund of the Inst itute sha ll be deposited
in an account opened with a bank.
(5) Al l the expenditures of the Inst itu te sha ll be chargeable
on the fund as referred to in Sub-section (2).
(6) The fund and account of the Inst itu te sha ll be opera ted as
prescr ibed.
15. Accounts and audi t :
(1) The accounts of the incomes and expenditures of the
Inst itute sha ll be ma inta ined as prescr ibed.22
(2) The audit of the incomes and expenses of the Centre sha ll
be per formed by the Office of the Auditor General or by
an auditor designa ted by that Department.23
Chapter-6
Miscellaneous
16. Certificates to be granted by the Institute:
Notwithstanding anything contained in the prevailing law, the
Institute may grant bachelor’s, master’s, doctorate degrees and other
certificate and degrees on health under this Act. 22 Amended by the First Amendment. 23 Inserted by the First Amendment.


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17. Recognition of certificate to be granted by the Institute:
The recognition of the bachelor’s, master’s, doctora e degrees and
other certificate and degrees on health to be granted by the Institute
under this Act shall be pursuant to the Nepal Medical Council Act,
2020.
18. Annual Report:
The V ice-Chance l lor24 sha l l submit an annual report of Institute
to the Council no later than Three months a fter the da te of
expira t ion of the f iscal year.
19. 25 Delegation of powers :
The Inst itute may de legate any of the powers conferred to it
under th is Ac t or the Rules framed under this Ac t to any
member of the Counc il.
20. To act in consonance wi th national heal th and education
policies of the Government of N epal :
It shall be the duty of the Institute to act in cons nance with
nat iona l hea lth and educat ion policies of the Government of
Nepal.
20A .26Powers of the Government of Nepal to give necessary
direction :
Go vernment of Nepal may give necessary direct ion to the
Inst itute.

24 Amended by the First Amendment. 25 Amended by the First Amendment. 26 Inserted by the First Amendment.


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21. Exemptions and facili ti es to the Insti tu te:
The following things of the Institute shall be exempted from taxes
such customs, sales tax,……27:
(a) Construction materials, machineries and equipment imported
from abroad for the building and operation of the Institute.
(b) Scholarships and prizes to be provided by the Institute.
(c) Donation, gift, grant and other income received by the
Institute and property of the Institute.
(d) Registration of any deeds whatsoever required to be registered.
22. Liaison Ministry :
In making contac t w ith the Government of Nepa l, the Inst itute
sha l l do so through the Minis try of Hea lth, Government of
Nepal.
23. Powers to frame Rules:
The Council may frame necessary Rules for the impleentation of
the objectives of this Act.

27 Repealed by the Income Tax Act, 2058.