Far-western University Act, 2067 (2010)


Published: 2010

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Far Western University aCT, 2067 ENGLISH
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Far-western University Act, 2067 (2010)
Date of Authentication and Publication
2067/3/3 B.S. (June 17, 2010 A.D.)
Act Number 1 of the Year 2067 (2010)
An Act to make provisions relating to the Far-western University
Preamble: Whereas, it is expedient to establish and operate the Far-western
University in the investment of Government of Nepal for making available
opportunity of quality education to general public on Arts, Science, Law,
Management, Education, Technical and other vocationl subjects; to operate
higher level educational institutions through the maximum participation of private
sector in higher education in order to enhance quality and standard of education on
competitive basis as per multi-university concept and to make academic and
educational atmosphere of the country more fair, disciplined and result-oriented ;
Now, therefore, be it enacted by the Constitute Assembly pursuant to
Sub-article (1) of Article 83 of the Interim Constitu ion of Nepal, 2063.
Chapter 1
Preliminary
1. Short Title and Commencement: (1) This Act may be called as the
"Far-western University Act, 2067 (2010)".
(2) This Act shall come into force immediately.


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2. Definitions: Unless the subject or the context otherwise requires, in
this Act: –
(a) "University" means the Far-western University established
pursuant to Section 3.
(b) "Senate" means the Senate of the University Senate as referred
to in Section 7.
(c) "Academic Council" means the Academic Council as referred to
in Section 10.
(d) "Executive Council" means the Executive Council as referred to
in Section 12.
(e) "Service Commission" means the Service Commission as
referred to in Section 21.
(f) "Faculty" means the faculty as referred to in Section 14.
(g) "Research Centre" means the Research Centre as ferred to in
Section 15.
(h) "Education Council" means the Education Council as referred to
in Section 16.
(i) "Campus" means the constituent campus of the University and
this expression also includes any campus affiliated o the
University.
(j) "Curriculum Development Centre" means the Curriculum
Development Centre as referred to in Section 18.

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(k) "Chancellor" means the Chancellor as referred to in Section 22.
(l) "Pro-Chancellor" means the Pro-Chancellor as referr d to in
Section 23.
(m) "Vice Chancellor" means the Vice Chancellor as referred to in
Section 24.
(n) "Registrar" means the Registrar as referred to in Section 25.
(o) "Dean" means the chief of the faculty.
(p) "Director" means the Director as referred to in Section 27.
(q) "Teacher" means the Professor, Lecturer and Assistant Lecturer
engaged in providing education or conducting research at the
University and this word also includes the instructors of various
levels at the University and the person specified as Teacher in
the Rules made under this Act.
(r) "Employee" means the person beside teachers who conduct or
cause to conduct managerial and assistance work while
operating the University.
(s) "Student" means girls and boys who made admission in the
campus for study and research.
(t) "Prescribed" or "as prescribed" means prescribed or as
prescribed in the Rules framed under this Act.



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Chapter 2
Establishment of the University
3. Establishment of the University: (1) The Far-western University
University is, hereby, established to conduct study, teaching and
research work on Arts, Science, Law, Management, Education,
Technical and other Vocational subject.
(2) This University shall be established at the premises of
Siddhanatha Science Campus, Bhimdattanagar which is being operated in
the Bhimdatta Municipality of the Kanchapur District as a constituent
campuses of Tribhuvan University upon receiving donation from
Government of Nepal at the time of commencement of this Act and jointly
including to the affiliated campus namely Siddhantha Multiple Campus,
Bhimdattanagar.
4. University to be Autonomous Corporate Body: (1) The University
shall be an autonomous corporate body with perceptual s ccession.
(2) The University shall have a separate seal of its own for all of
its business.
(3) The University may, like an individual, acquire, use, sell or
otherwise dispose of movable and immovable property.
(4) The University may, like an individual, sue and may be sued
in the same name.
(5) The University may, like an individual, carry out the contract
and use the rights and fulfill the obligation as per contract.

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Chapter 3
Organization and Officials of the University
5. Organization of the University: The organization of the University
shall be as follows and their collective form shall be the structure of the
University:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Service Commission,
(e) Faculty,
(f) Research Centre,
(g) Education Council,
(h) Campus,
(i) Other bodies as prescribed.
6. Officials of the University: The University shall have the following
officials:
(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Chairperson of the Service Commission

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(e) Registrar,
(f) Dean,
(g) Director,
(h) Campus Chief,
(i) Other officials as prescribed.
Chapter 4
Constitution, Functions, Duties and Powers of the Senate
7. Constitution of the Senate: (1) There shall be a Senate as the
supreme body of the University.
(2) The constitution of the Senate shall be as follows: -
(a) Chancellor - Chairperson
(b) Pro-Chancellor - Vice-Chairperson
(c) Vice-Chancellor - Member
(d) Member, National Planning
Commission (looking after Education
sector) - Member
(e) Chairperson, University Grant
Commission - Member
(f) Two persons from amongst

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Vice-Chancellors of other Universities - Member
(g) Secretary, Ministry of Education – Member
(h) Secretary, Ministry of Finance – Member
(i) Regional Administrator of the
Concerned Development Region – Member
(j) Dean – Member
(k) Director – Member
(l) Two persons from amongest the
Campus Chiefs – Member
(m) Two persons from amongest the Teachers – Member
(n) Three persons from amongst the
Presidents of the District Development
Committees of the Region including the
President of the District Development
Committee where the University is located -Member
(o) Mayor of the Municipality where the
University is located – Member
(p) Central Chairperson of the Nepal
Professor Union – Member

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(q) President of the Professor Union of
the University – Member
(r) President of Free Student Union of
the University – Member
(s) Three persons from amongest Donors - Member
(t) One person from amongst educationist
or social worker – Member
(u) One representative of the employees – Member
(v) Registrar -Member-Secretary
(3) Except the ex-officio members, the other members of the
Senate shall be nominated by the Chancellor on the recommendation of
the Executive Council.
(4) The tenure of office of the nominated members shall be Three
years.
(5) In case the office of a nominated member falls vacant for any
reason whatsoever, another person shall be nominated for the remaining
term having fulfilled the process referred to in Sub-section (3).
8. Meetings of the Senate: (1) The meetings of the Senate shall be held
at least Twice a year compulsory.
(2) The meetings of Senate shall be held on the dat and at the
time and place prescribed by the Chairperson.

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(3) Member-Secretary of the Senate shall give notice along with
agenda to be discussed in the meeting at least Fifteen days in advance
than the date of the meetings of the Senate.
(4) In case at least Fifty percent of the total members of the
Senate are present, it shall be deemed to have constituted the quorum.
(5) The meetings of the Senate shall be presided over by the
Chairperson, and in absence of the Chairperson, by the Vice-
Chairperson of the Senate and by the Vice-Chancellor in absence of the
both Chairperson and the Vice-Chairperson.
(6) Majority opinion in meetings of the Senate shall prevail and
in case of tie the person presiding over the meeting shall exercise the
casting vote.
(7) The Member-Secretary of the Senate shall authenticate the
decisions of the Senate.
(8) Other procedures relating to the meetings of the Senate shall
be as determined by the Senate itself.
9. Functions, Duties and Powers of the Senate: The functions, duties
and powers of the Senate shall be as follows:
(a) To formulate policies of the University.
(b) To guide to the University and its bodies.
(c) To determine and award the degrees to be conferred by the
University.

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(d) To approve long-term policies, annual budget and programmes
of the University,
(e) To approve Bye-laws relating to the University,
(f) To discuss on annual reports of bodies under th University and
to evaluate their programmes,
(g) To discuss and approve the audit report of the University,
(h) To constitute various committees, sub-committees or task-forces
as per necessity.
(i) To perform other functions as prescribed.
Chapter 5
Constitution, Functions, Duties and Powers
of Academic Council
10. Constitution of Academic Council: (1) There shall be an Academic
Council to manage the educational and academic functions of the
University.
(2) The Academic Council shall be constituted as follows:
(a) Vice-Chancellor - Chairperson
(b) Registrar - Member
(c) Dean - Member
(d) Three persons from amongst the

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Chairperson of the different Subject
Committee of the University - Member
(e) One person from amongest the
Campus Chiefs -Member
(f) One person from amongest the
Teachers -Member
(g) Two persons from amongst
the highly renowned learned persons - Member
(h) The Dean designated by the
Vice-Chancellor from amongst
the Deans Member-Secretary
(3) The members other than the ex-officio members shall be
nominated by the Vice-Chancellor.
(4) The tenure of office of the nominated members shall be Three
years.
(5) In case the office of a nominated member falls vacant for any
reason whatsoever, another person shall be nominated for the remaining
term having fulfilled the process referred to in Sub-section (3).
(6) Procedures relating to the meetings of the Academic Council
shall be as prescribed and the procedures relating to meetings shall be
determined by Academic Council itself until so prescribed.

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11. Functions, Duties and Powers of the Academic Council: The
functions, duties and powers of the Academic Council shall be as
follows:–
(a) To determine and approve the curriculum of the University.
(b) To fix the modes of examination to be conducted by the
University.
(c) To determine and maintain the standard of teaching of the
University.
(d) To formulate policies relating to research and to approve the
research programmes.
(e) To determine the qualifications, number of students to be
admitted and grounds for admission in the subjects which are to
be studied and taught in the University.
(f) To give opinion and advice to the Executive Council on
academic matters.
(g) To recommend to senate for honorary degree to be conferred by
the University.
(h) To perform such other functions as prescribed.




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Chapter 6
Constitution, Functions, Duties and Powers
of Executive Council
12. Constitution of Executive Council: (1) There shall be an Executive
Council to act as the executive body of the University.
(2) The Executive Council shall be constituted as follows:
(a) Vice-Chancellor - Chairperson
(b) One person from amongst the Deans - Member
(c) One person from amongst the Campus
Chiefs who is a member of a Senate - Member
(d) One person from amongst the Teachers - Member
(e) Registrar - Member-Secretary
(3) The members other than ex officio members shall be
nominated by the Senate on the recommendation of the Vice-
Chancellor.
(4) The tenure of office of the nominated members shall be Three
years.
(5) In case the office of a nominated member falls vacant for any
reason whatsoever, another person shall be nominated for the remaining
term having fulfilled the process referred to in Sub-section (3).

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(6) Procedures relating to the meetings of the Excutive Council
shall be as prescribed and the procedures relating to meetings shall be
determined by Executive Council itself until so prescribed.
13. Functions, Duties and Powers of the Executive Council: The
functions, duties and powers of the Executive Council shall be as
follows:
(a) To execute or cause to execute the decisions and directives of
the Senate,
(b) To prepare annual programmes, budget, progress port, audit
report and other resolutions (matters) of the University and
introduce them in to the Senate for approval,
(c) To operate, look after and protect the fund and movable or
immovable property of the University,
(d) To sell or lease or contract movable or immovable property of
the University subject to the policy, guidelines of the Senate,
(e) To coordinate, look after and supervise the programmes
conducted by the University and to submit report thereof to the
Senate,
(f) To draft Rules relating to the University and submit them to the
Senate for approval,
(g) To appoint and promote teachers and employees ncessary for
the University on the recommendation of the Service
Commission,

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(h) To determine the fees of the student,
(i) To accept financial and other assistance to the University,
(j) To carry out other functions as prescribed.
Chapter 7
Faculty, Research Centre and Other Bodies
14. Faculty: (1) There shall be such faculties on Arts, Science, Medicine,
Law, Management, Education and other subjects as may be prescribed
for the higher education to be imparted by the University.
(2) The functions, duties and powers of the faculties shall be as
prescribed.
15. Research Centre: (1) The University may establish Research Centre
as per necessity in order to carry out research on Arts, Science,
Medicine, Law, Management, Education and other subjects.
(2) The functions, duties and powers and operation of the research
centre shall be as prescribed.
16. Education council: (1) There shall be an Education Council for the
operation of educational and academic programmes in ach faculty.
(2) There shall be subject committees under the Education Council
as prescribed.
(3) Functions, duties and powers and procedures relating to meetings
of the Education Council and committees thereunder shall be as prescribed.

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17. Campus: (1) The University may, in order to impart higher education,
establish and operate campuses of various subjects as per necessity.
(2) Provisions relating to the establishment and operation of the
campus shall be as prescribed.
18. Curriculum Development Centre: (1) A Curriculum Development
Centre shall be established as prescribed in order for determination and
development of curriculum on the different subjects to be studied and
taught in the University.
(2) The Constitution and Functions, Duties and Powers of the
Curriculum Development Centre shall be as prescribed.
19. Affiliation to University: (1) In case any private campus wishes to be
operated upon getting affiliation to the university, he University may
grant affiliation to such campus.
(2) The campus affiliated pursuant to Sub-section (1) shall have
to abide by the terms and conditions as determined by the University.
20. Special Provision Relating to Operation of Constituent Campus
of other Universities: (1) In case, a campus which is a constituent or
affiliated campus of any other University submits an pplication
alongwith recommendation of the Governing Body to be a constituent or
affiliated campus of this University, the process for the same shall be
proceeded.
(2) The process pursuant to Sub-section (1) shall be as
determined by the University.

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(3) In case, a campus is operated as a constituent campus of the
University pursuant to Sub-section (1), the property of the Campus
thereof shall devolve on the same campus under the University.
(4) In case, a campus is operated as a constituent campus of the
University pursuant to Sub-section (1), the teachers or employees of that
campus shall be the teachers or employees of the constituent campus of
the University.
(5) In case, a teacher or employee is not willing to work as a
teacher or employee of the constituent campus of the University
pursuant to Sub-section (4), he/she shall inform to the concerned
University within the time frame determined by the S nate or within
One year of approval of the University and in such condition University
may depute such teacher or employee upon consulting with that
University.
(6) The permanent service of the teachers or employees converted
as the teachers or employees of the constituent campus of the University
shall be considered to be the service of the constituent campus of the
University and their service period shall be counted accordingly.
(7) In case, teachers or employees are engaged in a constituent
campus of this university pursuant to Sub-sections (4) or (5), their
salary, facilities and terms and conditions of service shall not be
changed to the detriment of their interests.


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Chapter 8
Service Commission
21. Service Commission: (1) In order to recommend for the appointment
and promotion of the teachers and employees of the University, there
shall be a service commission.
(2) The Service Commission shall be constituted as follows:
(a) The Person appointed by the Chancellor- Chairperson
(b) Member, Public Service Commission - Member
(c) One person from amongst Teachers - Member
(3) The Chancellor shall constitute One committee in the chair of the
Pro-chancellor along with Two members of the Senate to recommend the
Chairperson and the members referred to in Clauses (a) and (c) of Sub-
section (2) and the Chairperson and the members shall be appointed by the
Chancellor on the recommendation of such committee.
(4) The term of office of the Chairperson and them mber to be
appointed pursuant to Sub-section (3) shall be of Four years.
(5) Other functions, duties and powers of the servic commission
shall be as prescribed.
(6) Remuneration, facility and other conditions of the Chairperson
and members of the Service Commission shall be as prescribed.
(7) Procedures relating to the meeting of the Servic Commission
shall be as prescribed and until so prescribed the procedures relating to

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meeting shall be determined by the Service Commission itself.
Chapter 9
Official, Teacher and Employee of the University
22. Chancellor: (1) The Prime Minister shall be the Chancellor of the
University.
(2) The Chancellor shall be the chief of the University and if
he/she is present, he/she shall preside over the convo ation of the
University.
(3) The Chancellor may inspect the University and issue
directions as per necessary.
23. Pro-Chancellor: (1) The Minister or the Minister of State for
Education shall be the Pro-Chancellor of the University.
(2) In absence of the Chancellor, the Pro-Chancellor shall preside
over the convocation of the University.
(3) The Pro-Chancellor may inspect the University and give
directions as required.
24. Vice Chancellor: (1) The Vice-Chancellor shall be the chief official,
working for full-time, at the University.
(2) In order to recommend for appointment to the post of Vice-
Chancellor, a committee consisting of Three members of the Senate
including the Secretary of Ministry of Education shall be constituted by
the Chancellor.

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(3) The Committee pursuant to Sub-section (2) shall recommend
Three persons to be appointed as Vice-chancellor and the Chancellor
shall appoint Vice-chancellor from among the recommended persons.
(4) The Vice-chancellor shall have general control over all
functions and proceedings and he/she may direct or supervise the
functions and proceedings of the University.
(5) The tenure of office of the Vice-Chancellor shall be Four
years.
(6) In absence of the Chancellor and Pro-Chancellor, the Vice-
Chancellor shall preside over the convocation of the University.
(7) The Vice-Chancellor shall execute and cause to xecute the
decision and direction of the Senate.
(8) The Vice-Chancellor shall carry out the functions other than
those which are said to be carried out by any agency or official under
this Act or Rules framed thereunder. The Vice-Chancellor shall
immediately inform to the Chancellor about such functions and shall
have to cause to be approved by the meetings of the Senate to be held
immediately thereafter.
(9) In absence of the Vice-Chancellor, his/her functions shall be
carried out as provided by the Chancellor.
(10) The other functions, duties and powers and remuneration,
facilities and conditions of service of the Vice-Chancellor shall be as
prescribed.

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25. Registrar: The Registrar shall be appointed by the Chancellor on the
recommendation of the Vice-Chancellor.
26. Dean: The Dean shall be appointed by the Executive Council.
27. Director: (1) There shall be separate director to function as a head of
the Research Centre and Curriculum Development Centre.
(2) The Director shall be appointed by the Executive Council.
28. Functions, Duties and Powers and Remuneration, Facilities and
Conditions of Service of Registrar, Dean and Director: (1) The
Registrar, Dean and Director shall be full time working official of the
University.
(2) The tenure of office of the Registrar, Dean and Director shall
be Four years.
(3) Functions, Duties and Powers and Remuneration, Facilities
and Conditions of Service of Registrar, Dean and Director shall be as
prescribed.
29. Other Officials of the University: (1) There shall be other officials
at the University as prescribed.
(2) The appointment, functions, duties, powers, remuneration,
facilities and conditions of service of other officials pursuant to Sub-section
(1) shall be as prescribed.
30. Removal from Office: (1) If One Fourth of the currently existing
members of the Senate make an application in writing to the

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Chancellor that the Vice-Chancellor, Chairperson of the Service
Commission or Registrar are failing to perform the duties of their
respective posts or not performing their duties honestly or not abiding by
the conduct as required to their post, the Chancellor shall form Three
members Inquiry Committee under the chairpersonship of the member of
the Senate consisting member of the University Grant Commission and
Secretary at the Ministry of Education.
(2) The Inquiry Committee formed pursuant to Sub-section (1) shall
hold necessary inquiries into the matter and submit its report to the
Chancellor within Thirty days.
(3) Upon receiving the report pursuant to Sub-section (1), the
Chancellor shall submit it to the Senate.
(4) In case, more than Fifty percent members presenting in the
meeting decide to remove from office to the Vice-Chancellor, Chairperson
of the Service Commission or Registrar in the course of discussions on that
report submitted pursuant to Sub-section (2), the Cancellor shall remove
Vice-Chancellor, Chairperson of the Service Commission or Registrar from
office.
Provided that, they shall be given a reasonable opportunity to defend
themselves before removing from the office.
(5) The process of removal from office or make an inqu ry to other
official besides the Vice-Chancellor, Chairperson of the Service
Commission or Registrar on the charge pursuant to Sub-section (1) shall be
as prescribed.

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(6) In case, an inquiry is started against any official pursuant to this
Section, he/she shall not be eligible to perform his/her official duty till the
final decision is made.
31. Provision relating to Teacher and Employee: (1) There shall be
teachers and employees at the University as prescribed.
(2) The appointment, functions, duties, powers, remuneration,
facilities and conditions of service of teachers and employees pursuant to
Sub-section (1) shall be as prescribed.
Chapter 10
Fund, Account and Audit of the University
32. Fund of the University: (1) There shall be a separate fund of the
University and the fund shall consist of the following amounts:
(a) Grants received from Government of Nepal,
(b) The amount received from University Grant
Commission
(c) The amount received from Local Bodies.
(d) The amount given by any person or organization as
donation, charity and financial assistance,
(e) The amount received as assistance or grant from
concerned person or organization related with
industry, commerce.

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(f) The amount received as assistance or loan from
foreign government, international organizations,
associations, financial institutions or persons,
(g) Fees or the amount to be received from any other
source.
(2) While receiving any amount pursuant to Clause (f) of Sub-
section (1), the University shall have to obtain approval of Government
of Nepal.
(3) The amount of the fund of the University shall be deposited in
an account opened with the bank as decided by the University.
(4) The operation of fund and account of the University shall be
as prescribed.
(5) All expenditure of the University shall be borne by the fund
pursuant to Sub-section (1) as approved by the Senate.
33. Accounts and Auditing: (1) The accounts of incomes and
expenditures of the University shall be kept as same as Government of
Nepal.
(2) The University shall manage the internal contr l system of
accounts as prescribed.
(3) The audit of the accounts of the University shall be carried
out by the Auditor General.


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Chapter 11
Miscellaneous
34. Conferring the Degree and Certificate and Fixation of
Equivalency and Standards: (1) The University may confer certificate
as may be prescribed to the students, trainees or resea chers having
obtained higher education and may confer honorary degrees to the persons
carrying out research oriented activities and appreciable work in the
educational and academic field.
(2) The University may recognize the educational degrees of any
native or foreign University or of educational institu ion, and may fix
the equivalency and standard of various degrees of the University with
those degrees.
35. Qualification Required for Admission to the University: (1) The
qualification required for admission of the students and researchers to
the University shall be as prescribed.
(2) In the course of admission of the student in the University, the
place shall be secured to the student from women, Aadibasi/janjati,
Madhesi, Dalit, disable (differently able), backward class or community
as per the policy of Government of Nepal in the presc ibed percent.
36. To Act in Accordance with National Education Policy: It shall be
the duty of the University to act in accordance with the National
Education Policy approved by Government of Nepal.


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37. Actions not to be invalid: No act or action shall be invalid merely for
the reason that an error has been made to appoint or nominate any office
bearer or member in any of such vacant posts of the University.
38. Saving for Acts Done in Good faith: No case shall be initiated or no
any other actions may be taken against the University or any of its
official with regard to any act done or purported to be done in good
faith in accordance with Act or Rules framed thereunder.
39. Prior Approval of Government of Nepal to be obtained:
Notwithstanding anything contained in this Act, approval of the
Government of Nepal shall be taken while framing Rules or
performing any act in case such matter causes additional financial
burden to the Government of Nepal.
40. Delegation of Powers: (1) The Senate may delegate any or all of the
powers conferred on it under this Act or the Rules framed hereunder to
the Academic Council, Executive Council or Vice-Chancellor.
(2) The Academic Council may delegate any of the powers
conferred on it under this Act or the Rules framed thereunder to the
Education Council as may be prescribed.
(3) Executive Council, may delegate any of the powers conferred
on it under this Act or the Rules framed hereunder, to any official or any
committee of the University.
(4) The Service Commission may delegate some of the powers
entrusted to it under this Act or the Rules frame under this Act to any
committee of the University as may be necessary.

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41. Liaison with Government of Nepal: Ministry of Education shall
liaison the University with the Government of Nepal.
42. Provisions relating to Dissolution of the University: (1) In case
the University could not be operated by any reason, Government of
Nepal may dissolve the University on the recommendation of Senate.
(2) In the event of dissolution of the University pursuant to Sub-
section (1), its movable and immovable property shall devolve on
Government of Nepal.
43. Power to Frame Rules: The University may frame necessary Rules
for the implementation of the objectives of this Act.