Fine Arts Academy Act, 2064 (2007)


Published: 2007

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Fine Arts Academy Act, 2064 E
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Nepal Fine Arts Academy Act, 2064 (2007)


Date of Authentication and Publication
2064.5.31 (17 Sept. 2007)

Act Number 23 of the Year 2064 (2007)
An Act made to provide for Nepal Fine Arts Academy
Preamble: Whereas, it is expedient to make legal provisions for the
establishment and operation of Nepal Fine Arts Academy in order to protect,
maintain, promote, and make overall development of Fine Arts of Nepal, a multi-
ethnic, multi-linguistic and multi-cultural country, and conduct, or cause to be
conducted, study and research on the discipline of fine arts and, on respecting and
honouring the intellectuals and talents in this field;
Now, therefore, be it enacted by the Legislature-Parliament.
Chapter-1
Preliminary
1. Short title and commencement: (1) This Act may be called as "Nepal
Fine Arts Academy Act, 2064(2007).”
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this
Act:
(a) "Fine arts" means painting (Chitrakala), sculpture, folk art
(Lokkala), handicraft, Silpakala, Bastukala and other creative arts.

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(b) "Academy" means Nepal Fine Arts Academy established un er
Section 3.
(c) "Assembly" means the academic assembly as referred to in Section
7.
(d) “Council” means the academic council as referred to in Section 11.
(e) “Chancellor” means the Chancellor of the Academy.
(f) “Vice-Chancellor” means the Vice-Chancellor of the Academy.
(g) "Secretary" means the Secretary of the Academy.
(h) "Office-bearer" means the Chancellor, Vice-chancellor, Secretary
and nominated members of the Council.
(i) "Prescribed" or "as prescribed" means prescribed or as prescribed in
the Rules framed under this Act.
Chapter-2
Establishment and Functions, Duties and
Powers of the Academy
3. Establishment of the Academy: (1) An Academy is hereby established
by the name of Nepal Fine Art Academy in order to carry out activities
including the protection, preservation, promotion and overall development
of Nepali fine arts.
(2) The central office of the Academy shall be situated in
Kathmandu Valley, and the Academy may, as required, open its branches in
various places of Nepal.
4. Academy to be autonomous body: (1) The Academy shall be an
autonomous body corporate with perpetual succession.

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(2) The Academy shall have a separate seal of its own f r all of its
activities.
(3) The Academy may, like an individual, acquire, use, sell and
dispose of, or otherwise deal with, any movable and immovable property.
(4) The Academy may, like an individual, sue by its name and be
also sued by the same name.
(5) The Academy may, like an individual, make a contract and
exercise and perform rights and duties under the contract.
5. Functions, duties and powers of the Academy: The functions, duties
and powers of the Academy shall be as follows, in addition to the functions,
duties and powers mentioned elsewhere in this Act:
(a) To formulate policies and programmes of the Academy;
(b) To collect, protect, maintain and do study and research works on fine
arts;
(c) To create and publish, or cause to be created and published, research
and innovative works on the discipline of fine arts;
(d) To make provision for the honour, respect of and prizes to native and
foreign persons who render outstanding contribution to the fine arts
discipline;
(e) To establish libraries, galleries, museums etc. relating to fine arts;
(f) To make provision of academic fellowship for study and research on
fine arts;
(g) To operate training programmes on fine arts;
(h) To do study and research on, protect and maintain, fine arts that
reflect identity of various castes, tribes and communities of Nepal;

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(i) To introduce Nepali fine arts to the world and vice versa;
(j) To encourage relevant organizations and persons to develop and
expand fine arts;
(k) To hold, or cause to be held, national and internatio l symposia,
workshops, conferences, exhibitions, festivals and competitions on
fine arts;
(l) To establish and expand relations with organizations related with the
field of fine arts and exchange mutual cooperation with such
organizations;
(m) To boost up, develop and expand folk pro-people (Lokpaccchiya)
arts;
(n) To perform, or cause to be performed such other functio s as may be
required for the accomplishment of the objectives of this Act.
Chapter-3
Organization of the Academy
6. Organization of the Academy: The organization of the Academy shall
be as follows, and their collective form shall be the structure of the
Academy:
(a) Assembly,
(b) Council, and
(c) Service Commission.
7. Assembly: (1) There shall be an Academic Assembly as the supreme body
of the Academy.
(2) The composition of the Assembly shall be as follows:

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(a) Chancellor -Chairperson
(b) Vice-Chancellor -Vice-chairperson
(c) Secretary, Ministry of Culture,
Tourism and Civil Aviation -Member
(d) Twenty Four persons nominated by
the Prime Minister from amongst the
outstanding persons related with the
field of fine arts, having regard to
inclusiveness and also in such a
manner as to have appropriate
representation of women, as well




-Member
(e) Secretary -Member secretary
(3) The tenure of office of the nominated members as referred to in
Sub-section (2) shall be Four years.
(4) If the office of a nominated member of the Assembly falls vacant
for any reason, another person shall be nominated for the remainder of term
of office from the same discipline or sector as such a member was
nominated.
(5) The facilities of the members of the Assembly shall be as
prescribed.
8. Recommendation committee: (1) There shall be a recommendation
committee as follows for making recommendation of names to the Prime
Minister for appointment of office-bearers and nomination of members to
be nominated in the Assembly:

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(a) Minister for Culture, Tourism and Civil
Aviation -Chairperson
(b) Two persons designated by the Prime
Minister from amounts persons who are
renowned in the field of fine arts

-Member
(2) In recommending names for nomination of members of the
Assembly, the committee as referred to in Sub-section (1) shall recommend
names from amongst the persons who have done teaching and research in
the field of fine arts or who are renowned in that discipline, in such a
manner as to have representation from all disciplines and fields of fine arts
and as to include all castes/tribes, genders and languages and dialects.
(3) In recommending names for appointment of office-bearers, the
committee as referred to in Sub-section (1) shall recommend from amongst
the nominated members of the Assembly.
(4) The procedures to be followed by the committee as referred to in
Sub-section (1) in making recommendation shall be as determined by the
committee itself.
9. Functions, duties and powers of the Assembly: The functions, duties
and powers of the Assembly shall be as follows:
(a) To fix policies of the Academy;
(b) To approve annual plans and programmes of the Academy;
(c) To pass annual budget of the Academy;
(d) To endorse fellowship, honour and prizes,
(e) To give necessary direction and guidance to the Council;
(f) To monitor and evaluate the activities of the Council;

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(g) To approve the Rules of the Academy;
(h) To perform such other acts as prescribed.
10. Meeting of the Assembly: (1) The Assembly shall hold its meeting at
least Twice a year.
(2) The meeting of the Assembly shall be held at such a date, time
and venue as specified by the chairperson of the Ass mbly.
(3) The member secretary of the Assembly shall give a notice,
accompanied by the agenda to be discussed at the meeting, to every
member in advance of at least Fifteen days of the holding of the meeting of
the Assembly.
(4) The presence of more than Fifty percent of the total number of
the then members of the Assembly shall be deemed to constitute a quorum
for a meeting of the Assembly.
(5) The meeting of the Assembly shall be presided over by the
chairperson of the Assembly, and by the vice-chairperson, in the absence of
the chairperson.
(6) A majority opinion shall prevail at the meeting of the Assembly;
and in the event of a tie, the person presiding over th meeting shall
exercise the casting vote.
(7) The decisions of the Assembly shall be authenticated by the
member secretary of the Assembly.
(8) The Assembly may invite honourary academician and life-long
members of the Academy to take part as an observer in the meeting of the
Assembly.
(9) Other procedures relating to the meeting of the Assembly shall
be as determined by the Assembly itself.

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11. Council: (1) There shall be an Academic Council to act as an executive
body of the Academy.
(2) The composition of the Council shall be as follows:
(a) Chancellor -Chairperson
(b) Vice-Chancellor -Vice-chairperson
(c) Six persons nominated by the Prime
Minister from amongst the nominated
members of the Assembly, consisting
of at least Two women, and in such a
manner as to have representation from
various castes, tribes, languages and
dialects, as far as possible





-Member
(d) Secretary -Member secretary
(3) If the office of a member as referred to in Clause (c) of Sub-
section (2) falls vacant for any reason, another person shall be nominated
for the remainder of term of office from the same discipline or sector as
such a member was nominated.
12. Functions, duties and powers of the Council: The functions, duties
and powers of the Council shall be as follows:
(a) To implement the decisions made by the Assembly;
(b) To abide by directions given by the Assembly;
(c) To submit the audit report to the Assembly;

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(d) To discuss, and amend as required, annual programmes, budget,
progress reports and other reports submitted by the Secretary and
submit the same to the Assembly for endorsement;
(e) To manage, operate, protect and look after, or cause to be managed,
operated, protected and looked after, the movable and immovable
properties of the Academy;
(f) To manage and operate the fund of the Academy;
(g) To receive financial and other assistance receiv d for the Academy;
(h) To submit a proposal of fellowship, honour and prizes to the
Assembly for approval,
(i) To form, as required, any committee, sub-committee or task force in
relation to the activities of the Council and specify the functions,
duties and powers of such committee, sub-committee or task force,
(j) To perform such other functions as prescribed.
13. Meeting of the Council: (1) The Council shall hold its meeting at least
once in every Two months.
(2) The meeting of the Council shall be held at such a date, time and
venue as specified by the chairperson of the Council.
(3) The member secretary shall give a notice, accompanied by the
agenda to be discussed at the meeting, to every member in advance of at
least Twenty Four hours of the holding of the meeting of the Council.
(4) The presence of more than Fifty percent of the total number of
the then members of the Council shall be deemed to constitute a quorum for
a meeting of the Council.

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(5) The meeting of the Council shall be presided over by the
chairperson of the Council, and by the vice-chairperson, in the absence of
the chairperson.
(6) A majority opinion shall prevail at the meeting of the Council;
and in the event of a tie, the person presiding over th meeting shall
exercise the casting vote.
(7) The decisions of the Council shall be authenticated by the
member secretary of the Council.
(8) Other procedures relating to the meeting of the Council shall be
as determined by the Council itself.
Chapter-4
Chief Patron, Patron, office-bearers and
employees of the Academy
14. Chief Patron: The Prime Minister shall be the Chief Patron of the
Academy.
15. Patron: The Minister for Culture, Tourism and Civil Aviation shall be the
Patron of the Academy.
16. Chancellor: (1) There shall be one Chancellor in the Academy.
(2) The Chancellor shall be the chief office-bearer of the Academy.
17. Functions, duties and powers of the Chancellor: The functions,
duties and powers of the Chancellor shall be as follows, in addition to the
functions, duties and powers mentioned elsewhere in this Act:
(a) To implement, or cause to be implemented, directions given by the
Assembly and decisions made by the Council;

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(b) To cause annual programmes, budget, progress reports and other
reports of the Academy to be prepared;
(c) To exercise general control over the acts, actions and personnel
administration of the Academy;
(d) To make contracts on behalf of the Academy, by o taining approval
of the Council;
(e) To make necessary contact with native and foreign organizations on
matters related with the functions of the Academy;
(f) To perform such other functions as prescribed.
18. Vice-chancellor: There shall be one Vice-chancellor in the Academy.
19. Functions, duties and powers of the Vice-chancellor: The functions,
duties and powers of the Vice-chancellor shall be as follows:
(a) To assist the Chancellor in implementing, or causing to be
implemented, directions given by the Assembly and decisions made
by the Council;
(b) To perform all such functions in the absence of the Chancellor as
required to be performed by the Chancellor;
(c) To perform other functions at the direction of the Chancellor.
20. Secretary: (1) There shall be one Secretary in the Academy.
(2) The functions, duties and powers of the Secretary shall be as
prescribed.
21. Provisions relating to office-bearers: (1) The Prime Minister shall,
subject to this Act, appoint the office-bearers.
(2) The term of office of the office-bearer shall be Four years.

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(3) The office-bearers shall serve in the Academy on the whole-time
basis.
(4) The remuneration, conditions of service and facilities of the
office-bearers shall be as prescribed.
22. Circumstance where office becomes vacant: The office of an office-
bearer and Assembly member shall be deemed to be vacant in any of the
following circumstances:
(a) If his or her term of office expires;
(b) If he or she resigns;
(c) If he or she is of unsound mind;
(d) If he or she is convicted by a court of a criminal offence involving
moral turpitude;
(e) If he or she is removed from office pursuant to Section 23; or
(f) If he or she dies.
23. Power to remove from office: (1) If at least One Fourth of the currently
existing members of the Assembly make an application in writing to the
prime Minister that any office-bearer or Assembly member has failed to
perform the duties of his or her office in consonance with the objectives of
this Act or to perform conduct corresponding to hisor her office or to
perform his or her duties honestly, the Prime Minister shall form an inquiry
committee from amongst the members of the Assembly.
(2) The inquiry committee as referred to in Sub-section (1) shall
make inquiries into the matter and submit its report to the Prime Minister,
and the Prime Minister shall arrange to lay such a report before the
Assembly for discussions.

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(3) If, on holding discussions on the report submitted pursuant to
Sub-section (2), a majority of the members of the Assembly decide to the
effect that the office-bearer or member of the Assembly has failed to
perform the duties of his or her office in consonance with the objectives of
this Act or to perform conduct corresponding to hisor her office or to
perform his or her duties honestly, the Prime Minister shall remove such
office-bearer or member of the Assembly from his or he office.
(4) Prior to removing the office-bearer or member of the Assembly
pursuant to Sub-section (3), the office-bearer or member shall be given an
opportunity to defend himself or herself.
24. Employees: (1) The Academy shall have a required number of employees.
(2) The provisions relating to the appointment, remuneration,
facilities and terms and conditions of service of the employees as referred
to in Sub-section (1) shall be as prescribed.
25. Service Commission: (1) There shall be an Academy Service
Commission, as follows, to make recommendation for the permanent
appointment and promotion of the employees of the Academy.

(a) A Member of the Public Service
Commission designated by that
Commission -Chairperson
(b) One member of the Assembly designated by
the Assembly -Member
(c) Secretary -Member
secretary

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(2) The other functions, duties and powers of the S rvice
Commission shall be as prescribed.
(3) The procedures relating to the meetings of the S rvice
Commission shall be as determined by the Service Commission itself.
(4) The chairperson and members of the Service Commission shall
be entitled to such meeting allowance as prescribed for taking part in the
meetings of the Service Commission.
Chapter-5
Fund and audit
26. Fund of Academy: (1) The Academy shall have a separate fund of its
own.
(2) The fund as referred to in Sub-section (1) shall consist of the
following amounts:
(a) Amounts received from the Government of Nepal,
(b) Amounts received from any foreign government,
organization or person,
(c) Amounts received from any native organization or
person,
(d) Amounts received in consideration for any services
provided by the Academy, and
(e) Amounts received from any other sources.
(3) Prior to receiving amounts as referred to in Clause (b) of Sub-
section (2), the Academy shall obtain approval of the Government of
Nepal.

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(4) The moneys of the fund of the Academy shall be deposited in an
account opened with a bank as designated by the Academy.
(5) The fund and account of the Academy shall be oprated as
prescribed.
(6) All the expenditures of the Academy shall be chargeable on the
fund as referred to in Sub-section (1).
27. Accounts and audit: (1) The accounts of the incomes and expenditures
of the Academy shall be maintained in accordance with the procedures
followed by the Government of Nepal.
(2) The audit of accounts of the Academy shall be performed by the
Auditor General.
Chapter-6
Miscellaneous
28. Honourary academician and life-long membership: (1) The
Assembly may, on the recommendation of the Council, grant the honourary
academician of the Academy to any native or foreign person who, having
rendered significant contribution to the development of fine arts, elevated
the glory/prestige of Nepal at the national and inter ational sectors.
(2) The Assembly may grant the life-long membership of the
Academy to a citizen of Nepal who has rendered significa t contribution to
the discipline of fine arts.
(3) The grounds for granting the honourary academician and life-
long membership pursuant to Sub-sections (1) and (2) shall be as
prescribed.

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(4) The Academy may provide such facilities as may be prescribed
to the life-long members.
Provided that, any life-long member who is getting any
remuneration or facility from the Government of Nepal shall not be entitled
to such facilities.
(5) The Assembly may remove any honourary academician and life-
long member from membership in the prescribed circumstance.
29. Power to grant honour, reverence and prize: The Assembly may
grant honour, reverence and prize to a person who has rendered significant
contribution to the discipline of fine arts.
30. Annual report to be submitted: The Academy shall submit to the
Government of Nepal an annual report of activities carried out by it each
year.
31. Oath: Prior to assuming their duties, the Chancellor shall take an oath
before the Prime Minister and the Vice-chancellor, secretary and member
of the Assembly shall take an oath before the Chancellor in the form as set
forth in the Schedule.
32. Delegation of powers: (1) The Assembly may, as required, delegate any
of the powers conferred to it under this Act or theRules framed under this
Act to the Council.
(2) The Council may, as required, delegate any of the powers
conferred to it under this Act or the Rules framed under this Act to the
Chancellor, Vice-chancellor or Secretary.
(3) The Chancellor may, as required, delegate any of the powers
conferred to him or her under this Act or the Rules framed under this Act to
the Vice-chancellor or Secretary.

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(4) The Vice-chancellor may, as required, delegate ny of the
powers conferred to him or her under this Act or the Rules framed under
this Act to the Secretary.
33. Logo: The logo of the Academy shall be as prescribed.
34. Liaison Ministry: Ministry of Culture, Tourism and Civil Aviation shall
liaison the Academy with the Government of Nepal.
35. Powers to frame Rules: The Academy may frame necessary Rules for
the implementation of the objectives of this Act.
Provided that, in making Rules on matters involving financial
burden on the Government of Nepal, prior approval of the Government of
Nepal shall be obtained.

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Schedule
(Relating to Section 31)
Oath

I…………………… promise with truth and faith/swear in the name of God that I
shall honestly perform my duties in the capacity of …….., subject to the laws in
force and without fear of any one, without partialiy and inclination or bad
intention towards any one, giving high recognition t the aspirations expressed
through the Popular Movement by the people that the state authority and
sovereignty of Nepal be vested in the Nepalese people only and being fully loyal
to the Interim Constitution of Nepal, 2063 (2007) providing for the exercise of all
powers of the State of Nepal by the Legislature-Parliament, and that I shall not
disclose or indicate, or cause to be disclosed or indicated, in any manner, any
information known to me in the course of performance of my duties except in the
course of observance of the laws in force, in any circumstance whether holding
office or ceasing to hold office.
Date: Name:
Signature: