Karnali Academy of Health Sciences Act, 2068 (2011)


Published: 2011

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Karnali Academy of Health Sciences Act, 2068 E








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Karnali Academy of Health Sciences Act, 2068 (2011)
Date of Authentication and Publication
2068/7/3 B.S. (20 Oct. 2011 A.D.)
Act Number 9 of the Year 2068 (2011)
An Act to make provisions relating to
Karnali Academy of Health Sciences
Preamble: Whereas, it is expedient to establish and operate the Karnali
Academy of Health Sciences to provide the health servic s in the backward
(Pichhadiyako) areas in a easy way, conduct high standard study an research
activities, to produce skilled human resource necessary in the Health Sciences
area and to provide health services to the general public by strengthening health
service;
Now, therefore, be it enacted by the Constituent Assembly in the
capacity of the Legislature-Parliament pursuant to Article 83 of the Interim
Constitution of Nepal, 2063 (2007).
Chapter 1
Preliminary
1. Short Title and Commencement: (1) This Act may be called as
"Karnali Academy of Health Sciences Act, 2068 (2011)".
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in









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this Act: –
(a) "Hospital" means the Hospital established pursuant to
Section 16.
(b) "Hospital Management Committee" means Hospital
Management Committee established pursuant to Section 17.
(c) "Vice Chancellor" means the Vice Chancellor as referred to
in Section 20.
(d) "Executive Council" means the Executive Council as referred
to in Section 11.
(e) "Chancellor" means the Chancellor as referred to in Section
18.
(f) "Selection Committee" means the Selection Committee as
referred to in Section 13.
(g) "Dean" means the Dean as referred to in Section 23.
(h) "Prescribed" or "as prescribed" means prescribed or as
prescribed in the Rules framed under this Act.
(i) "Director" means the Director as referred to in Section 24.
(j) "Backward Area" means the following districts of the
following zones:-
(1) All districts of Karnali Zone,
(2) Jajarkot district of Bheri Zone, and
(3) Bajura, Bajhag and Accham districts of Seti Zone.









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(k) "Academy" means the Karnali Academy of Health Sciences
established pursuant to Section 3.
(l) "Academic Council" means the Academic Council as referred
to in Section 9.
(m) "Registrar" means the Registrar as referred to in Section 22.
(n) "Teacher" means a person appointed for providing education
or conduct research in the Academy.
(o) "Rector" means the Rector as referred to in Section 21.
(p) "Educational Institution" means Educational Institution as
referred to in Section 15.
(q) "Senate" means Senate of the Academy as referred to in
Section 7.
(r) "Pro-Chancellor" means the Pro-Chancellor as refer d to in
Section 19.
Chapter 2
Establishment, Structure and Functions, Duties and
Powers of the Academy
3. Establishment of the Academy: (1) The Karnali Academy of
Health Sciences is, hereby, established to provide the health services
in the backward (Pichhadiyako) areas in a easy way.
(2) The Central Office of the Academy shall be located in
Jumla district.









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(3) The Academy shall be known as Karnali Academy of
Health Sciences in English language.
4. Academy to be Autonomous Corporate Body: (1) The
Academy shall be an autonomous corporate body with perceptual
succession.
(2) The Academy shall have a separate seal of its own for all
of its business.
(3) The Academy may, like an individual, acquire, use, sell or
otherwise dispose of movable and immovable property.
(4) The Academy may, like an individual, sue and may be
sued in the same name.
(5) The Academy may, like an individual conduct contract, use
powers and obey responsibility as per the contract.
5. Structure of the Academy: The organization of the Academy shall
be as follows and their collective form shall be th structure of the
Academy:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Selection Committee,
(e) Education Council,
(f) Faculty,









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(g) Research Centre,
(h) Educational Institution,
(i) Hospital,
(j) Other bodies as prescribed.
6. Functions, Duties and Powers of the Academy: (1) The
Academy shall have following Functions, Duties and Powers,-
(a) To carry out study, teaching, training and
research in various health related subjects in the
backward areas,
(b) To provide qualitative and accessible health
services,
(c) To conclude an agreement with National and
International University, Educational Institution
or Hospital for the operation of study, teaching,
training and research in the various subjects of
health,
(d) To produce skilled human resource necessary for
the qualitative health services,
(e) To maintain co-ordination with National and
International University, Educational Institution
or Hospital for the strengthening various
programmes to be operated by the Academy and
upgrading quality of such programmes,
(f) To maintain relation, extent and upgrade with









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National and International University, Academy
and International Institution related to Health and
exchange mutual assistance,
(g) To organise or cause to organise workshop,
conference, seminar, interaction, health camp and
research in the various subjects of health,
(h) To publish or cause to publish various book,
leaflet, pamphlet, awareness poster relating to
Health,
(i) To carry out or cause to carry out other functions
as prescribed.
(2) The functions, duties and powers of the Academy shall be
exercised and followed by through the organisation of the Academy.
Chapter 3
Constitution, Functions, Duties and Powers of the Senate
7. Constitution of the Senate: (1) There shall be a Senate to function
as the supreme body of the Academy.
(2) The constitution of the Senate shall be as follows: -
(a) Chancellor Chairperson
(b) Pro-Chancellor Vice-Chairperson
(c) Member, National Planning Commission (Looking after Health sector) Member









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(d) Vice-Chancellor Member
(e) Two person from amongst
Vice-Chancellors of Universities and Academies which provide higher education related to Health Sciences as nominated by the Senate on the recommendation of Executive Council Member
(f) Secretary, Ministry of Health
and Population Member
(g) Secretary, Ministry of Finance Member
(h) Secretary, Ministry of Education
and Sports Member
(i) Rector Member
(j) One person from amongst
Deans nominated by the Senate Member
(k) Director Member
(l) President, Jumla District Development Committee Member
(m) Two persons including at least
a women from amongst Teachers nominated by the Executive Council on the recommendation Academic Council Member
(n) One person from amongst Chief of
the Educational Institutions Member









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nominated by the Senate on the recommendation of Executive Council
(o) Four persons from amongst Dalit, Aadibasi/janjati or backward group including at least Two female nominated by the Senate on the recommendation of Executive Council Member
(p) One person from amongst donors nominated by the Senate on the recommendation of Executive Council Member
(q) One person from amongst the working employees in the Academy nominated by the Senate Member
(r) Two persons from amongst the people who have made substantial contribution in the development of the backward area including at least a female nominated by the Senate on the recommendation of Executive Council Member
(s) Registrar Member-Secretary
(3) The tenure of office of the nominated members as referred
to in Sub-section (2) shall be Three years.
(4) In case the office of the nominated members falls vacant
for any reason whatsoever, another person shall be nominated for the
remaining term having fulfilled the same process.
(5) The procedures relating to the meetings of the Senate shall
be as prescribed.









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8. Functions, Duties and Powers of the Senate: The functions,
duties and powers of the Senate shall be as follows:
(a) To approve policies, plans and programmes of the Academy,
(b) To approve annual budget of the Academy,
(c) To approve Rules of the Academy,
(d) To award scholarships, degrees, certificates, medal and prize
to be conferred by the Academy,
(e) To award honorary degrees as prescribed,
(f) To guide and provide necessary direction to various bodies
under the Academy,
(g) To submit necessary recommendation to the Governm nt of
Nepal while formulating National Health and Educational
Policy,
(h) To approve annual report of the Academy,
(i) To discuss on audit report and to approve it,
(j) To manage or cause to manage relating to establi hment of
Educational Institutions as per necessary,
(k) To perform other functions as may be prescribed.









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Chapter 4
Constitution, Functions, Duties and Powers of
Academic Council
9. Constitution of Academic Council: (1) There shall be an
Academic Council to manage and regulate the education l, academic
and research functions of the Academy.
(2) The Academic Council shall be constituted as follows:
(a) Rector Chairperson
(b) Five persons from amongst
Chairperson of various Subject
Committees of the Academy
nominated by the Senate on the
recommendation of Executive
Council
Member
(c) Director Member
(d) Heads of the Curriculum and
Examination Department of the
Academy
Member
(e) Two persons including at least
One women from amongst
Teachers nominated by the
Senate on the recommendation of
Executive Council
Member









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(f) Two persons including at least
One woman from amongst the
persons who have made
substantial contribution in the
field of Health nominated by the
Senate on the recommendation of
Executive Council
Member
(g) The Dean designated by the Vice-
Chancellor from amongst the
Deans
Member-
Secretary
(3) The tenure of office of the nominated members as referred
to in Sub-section (2) shall be Three years.
(4) 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 same process.
(5) Procedures relating to the meetings of the Academic
Council shall be as prescribed.
10. Functions, Duties and Powers of the Academic Council: The
functions, duties and powers of the Academic Council shall be as
follows:–
(a) To formulate necessary policies, plans and programmes to
systematise and regularise the educational, academic and
research functions and submit for the approval in the Senate,
(b) To operate or cause to operate study and research
programmes to award education in different subjects and









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levels relating to Health Sciences,
(c) To determine the qualification of the Teachers necessary for
the Academy,
(d) To approve curriculum and set the standard of study,
research, training and orientation to be operated by the
Academy,
(e) To select the students,
(f) To fix the standards of examination,
(g) To conduct examination and publish result,
(h) To recommend to Senate for degrees to the studen s who get
success in the study programme conducted by the Academy,
(i) To recommend to Senate for honorary degrees, scholarship,
medal and prize to be conferred by the Academy,
(j) To prepare standard text books,
(k) To evaluate study, research, training and orientation
programme to be operated by the Academy,
(l) To determine the fees to be charged for study, training and
research,
(m) To implement and execute the decision of Senate relating to
Academic Council and to monitor,
(n) To perform such other functions as prescribed.










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Chapter 5
Constitution, Functions, Duties and Powers
of Executive Council
11. Constitution of Executive Council: (1) There shall be an
Executive Council to act as the executive body of the Academy.
(2) The Executive Council shall be constituted as follows:
(a) Vice-Chancellor Chairperson
(b)
(c)
Rector
One person from amongst the Deans
Member
Member
(d) One person from amongst the Chiefs of the Educational Institutions who is a member of Senate
Member
(e) Director Member
(f) One person from amongst the Teachers Member
(g) Registrar Member-Secretary









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(3) The members as referred to in Clauses (c), (d) and (f) of
Sub-section (2) shall be nominated by the Pro-chancellor on the
recommendation of the Vice-Chancellor.
(4) The tenure of office of the nominated members as referred
to in Sub-section (2) shall be Three years.
(5) Procedures relating to the meetings of the Executive
Council shall be as prescribed.
12. 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 draft of the Rules relating to the Academy and
submit them to the Senate for approval,
(c) To prepare policies, plans, annual programmes, progress
report, annual budget, audit report and other resolutions and
introduce them to the Senate for approval,
(d) To evaluate and monitor the functions carried out by the
bodies under the Academy and to direct such bodies as per
necessity,
(e) To operate, look after and protect, sell, or lease or contract
the fund and movable and immovable property of the
Academy subject to the policy, guidelines of the Senat ,
Provided that, prior approval of the Government of









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Nepal shall be taken to sell the immovable property which
was received from the Government of Nepal.
(f) To appoint and promote teachers and employees necessary
for the Academy on the recommendation of the Selection
Committee,
(g) To accept various kind of assistance to the Academy,
(h) To carry out other functions as prescribed.
Chapter 6
Constitution, Functions, Duties and Powers
of Selection Committee
13. Selection Committee: (1) In order to recommend for the
appointment and promotion of the teachers and employees of the
Academy, there shall be a Selection Committee.
(2) The Selection Committee shall have the following
Chairperson and members,-
(a) A person from amongst the persons who obtained at least Masters Degree in Health Sciences having working experience of Ten years in health sector or special class or who has fulfilled the managerial or academic responsibility as a Special Class Officer or Professor Chairperson
(b) One person from Member









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amongst Teachers
(c) Registrar Member
(3) The Chairperson and the member as referred to in Clauses (a)
and (b) of Sub-section (2) shall be appointed by the Senate.
(4) The tenure of office of the Chairperson and the nominated
member of the Selection Committee shall be Four yeas.
(5) Other functions, duties and powers of the Selection
Committee shall be as prescribed.
(6) Remuneration, facilities and other conditions f ervice of the
Chairperson and facilities of the members of the Selection Committee
shall be as prescribed.
(7) Procedures relating to the meetings of the Selection
Committee shall be as prescribed.
Chapter 7
Educational Council, Educational Institutions,
Hospital and Other Bodies
14. Provision relating to Education council, Faculty and
Research Centre: (1) The Academy may establish Education
council, Faculty and Research Centre.
(2) The constitution, functions, duties and powers of the
Education council, Faculty and Research Centre establi hed pursuant
to Sub-section (1) shall be as prescribed.









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15. Establishment and Operation of Educational Institutions: (1)
The Academy may establish Educational Institutions as per necessity
in order to carry out study and research activities in the various
subjects relating to Health Sciences.
(2) The operation of the Educational Institutions e tablished
pursuant to Sub-section (1) shall be as prescribed.
16. Establishment and Operation of Hospital: (1) The Academy
shall establish Hospital in order to carry out high standard study or
research activities in Health field and to provide qualitative and easy
health service.
(2) The Karnali Zonal Hospital established and operated as
per prevailing law at the time of the commencement of this Act shall
be deemed to have been established pursuant to Sub-section (1).
(3) The operation and management of Hospital shall be as
prescribed.
17. Hospital Management Committee: (1) There shall be a Hospital
Management Committee for the well operation of the Hospital under the
Academy.
(2) Constitution, functions, duties and powers of the Hospital
Management Committee shall be as prescribed.
Chapter 8
Official, Teacher and Employee of the Academy
18. Chancellor: (1) The Prime Minister shall be the Chancellor of the
Academy.









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(2) The Chancellor shall be the chief of the Academy.
19. Pro-Chancellor: (1) The Minister or the Minister of State for
Health and Population shall be the Pro-Chancellor of the Academy.
(2) The Pro-Chancellor may inspect the Academy and give
directions as required.
20. Vice-Chancellor: (1) The Vice-Chancellor shall be the chief
official, working for full-time, at the Academy.
(2) In order to recommend for appointment to the post of
Vice-Chancellor, a committee in the Chairpersonship of Pro-
chancellor with other Two members shall be constituted by the
Chancellor and the Chancellor shall appoint Vice-chancellor from the
recommendation of such Committee.
(3) The tenure of office of the Vice-Chancellor shall be Four
years.
(4) The functions, duties and powers and remuneration,
facilities and conditions of service of the Vice-Chancellor shall be as
prescribed.
21. Rector: (1) The Rector of the Academy shall be appointed by the
Pro-Chancellor on the recommendation of the Vice-Chancellor for
the supervision of the educational and academic functio s of the
Academy.
(2) The Rector shall be a full-time official.
(3) The tenure of office of the Rector shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,









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Facilities and Conditions of Service of the Rector shall be as
prescribed.
22. Registrar: (1) The Registrar of the Academy shall be appointed by
the Pro-Chancellor on the recommendation of the Vice-Chancellor
for the supervision of the financial and administrative functions of
the Academy.
(2) The Registrar shall be a full-time official.
(3) The tenure of office of the Registrar shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,
Facilities and Conditions of Service of the Registrar shall be as
prescribed.
23. Dean: (1) The Dean shall be appointed by the Vice-chanellor to
carry out the functions as a Chief of the faculty of the Academy.
(2) The Dean shall be a full-time working paid official.
(3) The tenure of office of the Dean shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,
Facilities and Conditions of Service of the Dean shall be as
prescribed.
24. Director: (1) The Director shall be appointed by the Vice-chancellor
on the recommendation of Registrar to carry out the function as an
administrative chief of the Hospital.
(2) The tenure of office of the Director shall be Four years.
(3) Other Functions, Duties and Powers, Remuneration,









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Facilities and Conditions of Service of the Director shall be as
prescribed.
25. Other Officials: (1) There shall be other Officials at the Academy
as prescribed.
(2) The appointment, Functions, Duties and Powers,
Remuneration, Facilities and Conditions of Service of the Officials
as referred to in Sub-section (1) shall be as prescribed.
26. Removal from Office: (1) If One Fourth of the currently existing
members of the Senate make an application in writing to the
Chancellor that the Vice-Chancellor, Rector 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
Senate and Secretary at the Ministry of Health and Population.
(2) In case Inquiry Committee as referred to in Sub-section (1)
recommends that the Vice-Chancellor, Rector 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 and it
such report is approved by the Senate, the Chancellor shall remove
Vice-Chancellor, Rector or Registrar from office.
(3) In case, an Inquiry Committee is constituted pursuant to Sub-
section (1), such Official shall be ipso facto suspended till the matter is
decided by the Senate as referred to in Sub-section (2).
(4) The process of removal from office to other Official besides
the Vice-Chancellor, Rector or Registrar shall be as prescribed.









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(5) The Inquiry Committee shall give a reasonable opportunity to
defend himself/herself before the recommendation of removing from the
office to the Official as referred to in Sub-section (2).
27. Teacher and Employee of the Academy: (1) There shall be
teachers and employees at the Academy in required numbers.
(2) The teachers and employees of the Academy shall be
appointed on the recommendation of the Selection Committee as
prescribed.
(3) The functions, duties and powers, remuneration, facilities and
conditions of service of the teachers and employees of the Academy
shall be as prescribed.
Chapter 9
Fund, Account and Audit of the Academy
28. Fund of the Academy: (1) There shall be a separate fund of the
Academy.
(2) The fund as referred to in Sub-section (1) shall consist the
following amounts:
(a) Amounts received from Government of Nepal,
(b) The amount received from educational fees and
service fees,
(c) The amount received as assistance or loan from
national and foreign individual, associations,
institutions or foreign government,









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(d) Amount to be received from any other source.
(2) While receiving any amount from foreign individual,
association, institution or government pursuant to Clause (c) of Sub-
section (1), the Academy shall have to obtain approval of
Government of Nepal.
(3) The amount of the fund of the Academy shall be deposited
in an account opened in the commercial bank.
(4) All expenditure of the Academy shall be borne from the
fund pursuant to Sub-section (1).
(5) The fund and account of the Academy shall be op rated as
prescribed.
29. Accounts and Auditing: (1) The accounts of incomes and
expenditures of the Academy shall be maintained as per prevailing
laws.
(2) The audit of the accounts of the Academy shall be carried
out by the Auditor General.
Chapter 10
Miscellaneous
30. Not to provide Affiliation: The Academy shall not provide an
affiliation to any educational institution.
31. 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









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of Nepal.
32. Provision relating to Reservation: (1) The Academy shall
manage the reservation of at least Forty-five percent to be admitted
in every educational calendar upto Bachelor's degree in every level to
the Nepali student who permanently residing in backward area and
passes School Leaving Certificate from Community School of such
backward area.
(2) The Academy shall manage the reservation as pre cribed in
the admission in Master's degree level to the Nepali student who
permanently residing in backward area and passes School Leaving
Certificate from Community School of such backward area and
received higher education from Higher Secondary School or
educational institution of such area.
(3) The priority shall be provided to women, dalit,
aadibasi/janjati, madhesi and backward class student in the reserved
quota as referred to in Sub-sections (1) and (2).
(4) The student shall be selected for reservation as referred to
in Sub-section (1) on competition.
33. Priority shall be given to the students in admission: (1) The
Academy shall provide priority to the persons who have served in the
Health Institution of remote area for the prescribed period while
admitting students at various level.
34. Scholarship shall be provided: (1) The Academy shall provide
full scholarship at least Twenty percent of the total student admitted
in every educational calendar to poor students.









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Explanation: For the purpose of this Section "Poor" means the
student who studied and passed School Leaving Certificate from
Governmental/Community School and recommended as poor fr m
Village Development Committee or Municipality on prescribed
grounds.
(2) The Twenty percent as referred to in Sub-section (1) shall
count as cent percent and only Forty-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 Sub-
sections (1) and (2) shall be as prescribed.
(5) Any institution or association may provide scholarship to
any student to study in the Academy.
35. To serve in the prescribed place: (1) The student who studies in
the Academy in scholarship or reservation as per this Act shall have
to serve in the remote area upto a prescribed period.
(2) If an institution or association prescribes a condition to a
student studied in the scholarship provided by such institution or
association to serve in a place for a specified period, he/she shall
have to serve as per such condition and if such conditi is not
prescribed one shall has to serve as referred to in Sub-section (1).
(3) The student, admitted in the Academy in priority as
referred to in Section 33, shall have to work in the remote area upto a









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period as prescribed by the Academy.
(4) The Academy shall award permanent educational
certificate to student when one serves full period as referred to in
Sub-sections (1), (2) and (3) who studied in the rese vation pursuant
to Sub-section (1) and (2) of Section 32 and priority or scholarship
pursuant to Section 33 and 34.
(5) The Academy may make necessary arrangements to he
students to encourage to serve in the health institution of remote
areas after their study besides the student who studied in reservation,
priority or scholarship pursuant to Sections 32, 33 and 34.
36. 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.
37. 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 Selection
Committee may delegate any of the powers conferred to it under
this Act to any Officials or any subordinate bodies.
38. 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,









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such act of the Academy shall not be invalid merely on such ground.
39. 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.
40. Liaison with Government of Nepal: Ministry of Health and
Population shall liaison the Academy with the Government of Nepal.
41. Oath to be taken: The Officials of the Academy shall have to take
an oath prior to holding the office in the prescribed format.
42. Employee may remain in the Academy: (1) If an employee of
the Nepal Health Service serving in the Karnali Zonal Hospital,
Jumla at the time of commencement of this Act desires to erve in
the Hospital, he/she shall submit an application within 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.
43. 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









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the Government of Nepal.
44. Repeal and Savings: (1) The Karnali Zonal Hospital
Development Committee (Formation) Order, 2068 (2011) is,
hereby, repealed.
(2) 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.
(3) All functions and proceedings performed as per Order
pursuant to Sub-section (1) shall be deemed to have been performed
under this Act.
(4) The movable, immovable property, transactions, loans,
assets as well and rights and obligations as per Order pursuant to
Sub-section (1) shall be deemed to have been devolvd on 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.