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- Year: 2016
- Country: Nepal
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Philanthropy and Corporate Social Responsibility
Bill made to provide for the Social Welfare Council
Preamble: Whereas, it is expedient to make law related to social welfare to promote participation and
effectiveness in the area of social development nongovernmental organizations working in the field of
social welfare and development making transparent and accountable and having mobilized
coordinated ; to direct the activities carried out by nongovernmental sector to social welfare and
developmental activities; and to provide for monitoring, evaluation an d regulation of such organizations
Legislative Parliament has enacted this Act in accordance with Article 296 of the Constitution of Nepal.
1 Short title and commencement:
(1) This Act may be called “Social Welfare and Development Act , 20 73 “.
(2) This Act shall come into force immediately.
2 Definitions: In this Act unless the subject or context otherwise requires, –
a. “Chairperson” means chairperson of the Council of Directors .
b. “Vice Chairperson” means vice chairperson of the Council of D irectors .
c. “Treasurer” means treasurer of the Council of Directors .
d. “International Non -Governmental Organization ” means nongovernmental organization
registered in abroad and engaged in social welfare and development activities in Nepal or
assisting in such activities.
e. “Member Secretary” means member secretary of the Council as appointed in accordance with
Section 14 .
f. “Prescribed” or “prescribed” means prescribed or as prescribed, in Rules framed under this Act.
g. “Donor Agency” means foreign government or organization/institution that provides support in
social welfare activities or activities of social service or development.
h. “Project” means programme or activities prepared by organization for social welfare and
i. “Council” means Social Welfare Council in accordance with Section 5.
j. “Board” means Executive Board in accordance with Section 10.
k. “Ministry” means Ministry of Women, Children and Social Welfare.
l. “National Non -Governmental Organization” means the organization registered as per Nepalese
law without having an objective of distributing profit or dividend and recognized under present
Act and the term also denotes the trust established in accordance with current laws.
m. “Charter” means the charter of non -governmental organizat ion.
n. “Member” means members of the Council including the Chairperson, Vice -chairperson,
Treasurer and Member -secretary and Members as ex -officio.
o. “Social Welfare and Development Activities” means activities related to equitable development
and transforma tion of Nepali Society, welfare, empowerment, financial uplift and rehabilitation
of women, children, senior citizens, gender minorities, persons with disabilities, Dalit, neglected
communities and economically indigent citizens .
p. “Organization” means na tional nongovernmental organization and international
q. “Council of Directors ” means Council of Directors in accordance with Section 7 .
Conduction of Social Welfare and Development Programme
3 Social Welfare and Deve lopment Programme:
For the purpose of assisting all round development of country by various activities related to
social welfare and development, Government of Nepal may conduct social welfare and
development programmes through relevant ministry, body an d social organizations.
4 Special Programme related to Social Welfare and Development:
Government of Nepal may conduct following special programmes through the Council to
undertake programmes related to social welfare and development:
a. Protecting and promo ting the interests of women;
b. Providing welfare to children, aged, helpless and persons with disabilities;
c. Providing dignified and respectful livelihood to the persons victimized by various types
of social infirmities ;
d. Providing support to poverty alleviati on, income generating and skill development;
e. Undertaking social development, social justice, empowerment , and human rights
Establishment of the Council
5 Establishment of the Council :
1. Social Welfare Council shall be established faci litating the actions of the associations and
organizations working in the field of social welfare and development activities to streamline
them into a mainstream of development and to conduct activities systematically to
coordinate, mobilize and promote as sistance without having any adversity to national
integrity, sovereignty, religious, ethnic and social goodwill and incompatibilities to the
foreign and security policy of the country directly or indirectly.
2. Headquarters of the Council shall remain in Kat hmandu Valley.
3. The Council may open and operate its offices in any places across Nepal as necessary.
6 The Council shall be an Autonomous Incorporated Institution :
1. The Council shall be and autonomous and incorporated institution with continuous
2. The Council have its own office seal for its official functions.
3. The Council may acquire, utilize/consume, sale or manage in any other way movable and
immovable properties as a person.
4. The Council may lodge lawsuit or complaint by its name as a perso n and lawsuit or
complaint may be lodged against the Council on with its name.
Constitution , conduction of meeting and power, duties and functions of Council of the Directors
7 Constitution of Council of Directors :
1. For the functions to be perform ed on behalf of the Council, as an apex body of it, there
shall be a Council of Directors constituted as follows:
a. Minister or Minister of State, Ministry of Women,
Children and Social Welfare
b. A person nominated by the Government of Nepal
ha ving contributed in the field social service with
special contribution having acquired at least a
bachelor degree from recognized University
c. A person nominated by the Government of Nepal
having contributed in the field social service with
special contribution having acquired at least a
bachelor degree from recognized University
d. Joint Secretary, Ministry of Finance Member
e. Joint Secretary, Ministry of Foreign Affairs Member
f. Joint Secretary, Ministry of Home Affairs Mem ber
g. Joint Secretary, Ministry of Women, Children and
Social Welfare (In charge of social welfare)
h. Joint Secretary, Ministry of Education Member
i. Joint Secretary, Ministry of Federal Affairs and Local
j. Joint Secretary, Minist ry of Health and Population Member
k. Joint Secretary, Secretariat of National Planning
l. Nine people , including three women and ensuring at
least one person represented from the seven
provinces, nominated by the Government of Nepal
from among the people having contributed in the field
social service with special contribution having
acquired at least a bachelor degree from recognized
m. Member Secretary, Social Welfare Council Member Secretary
2. The tenure of the nominat ed members shall be of four years. They may be re -nominated.
But they shall not be removed from their office without having completed their tenure
unless punished by the court for criminal offence with moral turpitude.
3. Government of Nepal shall formulate a standard for the purpose of nomination of the
officials of the Council.
8 Meeting and Decision of Council of Directors :
1. Meeting of the Council of Directors , in general, shall be held once in four months in date,
time and venue prescribed by the chairperso n; however, meeting may be held at anytime
2. Chairperson shall preside over the meeting of the Council of Directors. Vice Chairperson
shall preside over in his absence and even in his absence; a member chosen from among
the members shall chair the meeting.
3. It shall be sufficient quorum for the meeting of the Council of Directors if more than fifty
percent of the total members of the Council of Directors are present for the meeting.
4. Decision of the majority of the members in meeting shall be d eemed as the decision of the
Council of Directors. When there is equilibrium of the votes in for and against a motion,
person presiding the meeting may cast a decisive vote.
5. Council of Directors may cause participation of experts of the relevant fields an d the
secretaries of ministries as necessary in a meeting as invitee members. But, in a meeting
of the Council of Directors that discusses and passes the annual policy, programme and
budget of the Council, secretaries of the ministries shall be compulsoril y invited.
6. Minute of the Council of Directors shall be certified by the Chairperson and Executive
7. Other procedure of the meeting of the Council of the Directors shall be as determined by
9 Functions, Duties and Powers of Council of D irectors :
Functions, Duties and Powers of the Council of Directors shall be as follows:
a. Present recommendations to the Government of Nepal, Ministry of Women, Children and
Social Welfare for the policy provisions to be adopted for the establishment, deve lopment,
expansion and e nabling social organizations;
b. Encourage and facilitate social organizations to conduct social welfare and development
functions on the basis of national development priority without having any adversity to national
integrity, sovere ignty, religious, ethnic and social goodwill and incompatibilities to the foreign
and security policy of the country directly or indirectly;
c. Having determined the priorities of the field of works of the organizations working in the field of
social welfare, determine their field scope by subject and geographical basis avoiding
d. Approve annual policy, programme and budget of Council;
e. Approve organizational structure and official positions subject to present Act;
f. Enact laws related to the service and terms and conditions of the employees of the Council;
g. Take lead to ensure application of Nepali skills, technology, expertise and resources for social
welfare and development functions;
h. Organize assistance or support from national and international s ector for social welfare and
development functions and utilize available assistance ;
i. Develop terms and conditions and code of conducts to be adopted by the officials, employees,
specialists and volunteers working in organizations and monitor as well as ca use their
j. Prepare, enforce, and cause enforcement of Code of Conducts to be adopted by the
nongovernmental organizations in relation to the project agreement, working permission and
approval of programme;
k. Provide necessary assistance to the Government of Nepal to formulate policies on social
welfare and development functions;
l. To establish and operate and cause establishment and operation of Guthee (Trust -fund), Fund
and Trusts as necessary for the social welfare and development functions;
m. To ban operation of the projects of the organization not following the agreement and
recommend to concerned agency for cancellation;
n. Perform and cause other functions as prescribed.
10 Constitution and Functions, Duties and Powers of Executive Board :
1. The Cou ncil shall constitute an Executive Board from among the members of the Council
to perform its functions . In the board there shall be seven members maximum including the
Chairperson, Vice chairperson, Treasurer and Member Secretary. Council of Directors
sha ll prescribe rest of the three members including at least one women member.
2. Functions, Duties and Powers of the Executive Board Shall be as follows :
a. Coordinate and cause coordination among the various bodies of Government of Nepal
and organizations for pe rformance of social welfare and development functions on
the basis of national development priority;
b. Organize and cause organization of training, studies and research for stakeholders in
relevant subject matters related to the social welfare and developme nt functions;
c. To take action and cause action in accordance with law against the organization
acting in contravention of present Act and rules formulated under and cancel the
affiliation to Council of such organization;
d. To provide the movable and immovabl e properties under the possession of the
Council in rent, lease and search other measures to generate incomes;
e. Honour and award persons and organizations those have performed mentionable
tasks in the field of social service and development;
f. Collaborate wit h private sector to strengthen and systematize non -governmental
sector and encourage and cause encouragement of private sector to maintain social
g. Maintain coordination among various entities in relation to the functional operation of
the Council and supervise and monitor and cause supervision and monitoring of office
of the Council;
h. Regulate, supervise, monitor, inspect and evaluate and cause supervision, monitoring,
inspection and evaluation of national and international nongovernmental o rganization;
i. Give directions as necessary to the functioning of the national and international
j. Prepare annual policy, programme and budget of the Council and present before the
Council of Directors for approval;
k. Prepare neces sary policies on agreement and working permission to the international
nongovernmental organizations wishing to work in Nepal and their cancellation and
present to the Council;
l. Pr epa re policies on fund, tax, revenue, custom remission and international
repr esentatives, volunteers and experts of national and international nongovernmental
organizations and present before the Council of Directors;
m. Prepare policies on registration, renewal, operation, encouragement, capacity
building, extension and strengthening of nongovernmental organizations and trust and
present before the Council of Directors;
n. Present before the Council of Directors for necessary action against national and
international nongovernmental organizations acting against current law and the policy
and direction of the Government of Nepal;
o. Keep sector -wise records of investments made by organizations in social welfare and
development functions and send it in writing to the relevant ministry or body;
p. Operate, manage and oversee or cause operation, m anagement and oversights of the
funds under the Council as per the direction of Council of Directors;
q. Perform and cause performance of other tasks as prescribed.
11 Functions, Duties and Powers of Chairperson :
1. Functions, Duties and Powers of the Chairperson shall be as follows:
a. Preside over the meeting of Council of Directors;
b. Give instructions to regulate and operate the functions of Council, Sub -committees
under the Council and the funds;
c. Delegate the powers vested in self to the Vice chair person, Treasure r, Member
Secretary or any other employee of an officer level when it become necessary to
regulate and operate the functions of Council and the Board;
d. Implement and cause implementation of regulations to achieve the objectives of the
e. Inspect functio ns of the Council, Subcommittees under the Council and funds and
provide necessary directives;
f. Liaise and coordinate with various ministries and bodies of the Government of Nepal;
g. Act and cause acting as facilitator and coordinator between national and int ernational
nongovernmental organizations and donor agencies;
h. Perform other tasks as prescribed.
12 Provisions on Vice chairperson :
1. Functions, Duties and Powers of the Vice chairperson shall be as follows:
a. Preside over the meeting in the absence of Chairpers on;
b. Exercise the functions, duties and powers of Chairperson in his absence or under his
c. Supervise, monitor and evaluate the matters related to the registration, renewal and
recording of national and international nongovernmental organization s;
d. Take necessary initiatives for expanding relations at national and international sector
for capacity building and promotion and development of the Council;
e. Liaise and coordinate with various ministries and bodies of the Government of Nepal;
f. Perform othe r tasks as prescribed.
2. Salary, allowance and other facilities of the Vice chairperson shall be as prescribed.
13 Provisions on Treasurer :
1. Functions, Duties and Powers of the Treasurer shall be as follows:
a. Manage and cause management of fiscal administrat ion of the Council ;
b. Operate, regulate and control and cause operation, regulation and control of the funds
of the Council ;
c. Give necessary instructions to maintain financial disciplines of the Council and funds
and bodies of its under ;
d. Prepare annual budget of the Council and present it to the Executive Board;
e. Regulate, monitor and inspect and cause regulation, monitor and inspection of the
matters related finance of the organizations affiliated to the Council.
f. Take necessary initiatives at national and inte rnational sector for financial and
physical capacity building of the Council;
g. Operate accounts of the Council as prescribed;
h. Prepare and submit financial report of the Council to the Executive Board ;
i. Perform and cause performance necessary tasks to best ut ilization of the movable
and immovable properties of the Council;
j. Maintain intact records of cash and commodity articles and control financial
k. Cause implementation of the recommendations made in the audit reports of the
organizations affil iated to the Council;
l. Perform other tasks as prescribed.
2. Salary, allowance and other facilities of the Treasurer shall be as prescribed.
14 Committee and Subcommittee may be Constituted :
1. The Council may constitute Committees and Subcommittees as necessary to perform its
2. The Functions, Duties, Powers and modus oper andi of the Subcommittees to be
constituted under Subsection 1 shall be as prescribed.
Provisions on Member Secretary and Employees
15 Appointment of Member Secretary :
1. Member Secretary shall be the Administrative Chief of the Council.
2. Government of Nepal, Council of Ministers shall appoint Member Secretary on the basis of
the recommendation made by the Recommendation Committee constituted under
3. To recommend for appointing a Member Secretary to Government of Nepal, Council of
Ministers, a Committee comprised of three members under the convenor -ship of the
Secretary of the Ministry along with Secretaries of Public Service Commission and Ministry
of Federal Aff airs and Local Deve lopment shall be constituted.
4. The Committee constituted under Subsection 3 shall recommend names of the three
persons to the Government of Nepal, Council of Ministers on the basis of merit list holding
competitive examinations from amon g the persons those have acquired and experience of
at least ten years in the field of social service having a Masters Degree from a University
recognized by the Government of Nepal for the purpose of appointing a Member Secretary.
Any employee or officia l incumbent in the position under Civil Service of Government of
Nepal and Public Corporations and Authorities under it may not be feasible candidate
under present Section.
5. Procedures of the examination shall be as determined by the Recommendation
6. Government of Nepal, Council of Ministers shall appoint as Member Secretary a person
from among the recommended under Subsection 4.
7. Tenure of the Member Secretary shall be for four years.
8. Notwithstanding anything else in present Section, if the Memb er Secretary acted against
the interest of the Council by causing loss or damage to the Council, committed gender
violence, involved in any organizations affiliated to the Council, lacked working
competency, committed irregular or corruption, Government of Nepal may oust him from
the position of Member Secretary having constituted an Enquiry Committee and receiving
recommendation from the Committee. However, he shall be given an opportunity to
present clarifications in his favour prior to expelling from the position.
9. Member Secretary shall receive salary and allowance equivalent to special class employee
of the Government of Nepal for his work for the Council. Terms and conditions of his
service and other facilities shall be as prescribed.
16 Functions, Dutie s and Powers of Member Secretary :
1. Member Secretary shall perform tasks as Administrative Chief of the Council and all
financial and administrative responsibility necessary for implementing present Act shall
remain upon him.
2. Functions, Duties and Powers o f Member Secretary shall be as following:
a. Implement and cause implementation of the decisions of the meetings of Council of
Directors and various Board/Committees and Subcommittees under the Council;
b. Handle administratively and direct employees of the Coun cil;
c. Enter into the ordinary and project agreements with international non -governmental
organizations under recommendation of Ministry;
d. Request with recommendations and opinions to the Ministry for arrangements of the
tax remission, import permission and v isa;
e. Prepare annual programme and report of the Council and submit to the Executive
f. Perform and cause daily administrative functions on behalf of the Council;
g. Perform and cause inspection, supervision and management of programmes and
income and expe nditure of the Council;
h. Maintain the records of the progresses of the organizations and send in writing to the
relevant ministry and body;
i. Grant and renew affiliation under this Act to the organization wishing to perform social
welfare and development func tions;
j. Recommend to relevant body for remission, facilities and other assistance available in
accordance with law while performing social welfare and development functions by the
Council and the organization;
k. Perform and cause performance as information an d achieve centre of organizations;
l. Assess and cause audit of the physical assets of organizations affiliated to the Council;
m. Perform and cause performance of other tasks as prescribed.
17 Provisions on Employees of the Council :
1. There shall be employees in necessary number for carrying out the functions of the
2. Employees shall be appointed on the basis of the general principles determined by the
Public Service Commission as provided in the Constitution of Nepal.
3. Remunerations, terms, conditions and facilities of the services of the employees shall be as
Provisions on Fund and Audit of Accounts of the Council
18 Fund of the Council :
1. There shall be a separate fund of the Council.
2. Following amounts shall remain in the fund of the Co uncil:
a. Amount obtained from Government of Nepal;
b. Amount obtained through Government of Nepal from any foreign government,
international organization, friendly nation and donor agencies;
c. Amount earned from movable and immovable assets of the Council;
d. Amount s obtained from any person, institution or nation in a form of donation, support,
e. Amounts obtained as fees of affiliation to the Council;
f. Amounts obtained as agreement fees;
g. Amounts received from various other sources;
3. All expenses of the Council shall be borne from the fund under Subsection 1.
4. The fund of the Council shall be operated having bank accounts at Nepal Rastra Bank or
any Commercial Bank.
5. Operation of the bank accounts of the Council shall be run by Treasurer, Member
Secretary and Chie f of Account as prescribed.
19 Funds Operated by the Council :
1. The Council may establish and operate different funds as necessary to achieve specific
2. For the purpose of social welfare and development functions, the Council shall establish a
Social Welfare and Development Fund. International nongovernmental organizations, while
entering into a project agreement, shall deposit amount as prescribed into that fund.
3. Operation of the funds shall be in accordance with the standards and procedures set by t he
20 Accounts and Audit of the Accounts :
1. Accounts of the incomes and expenditures of the Council shall be kept in a manner as
adopted by the Government of Nepal.
2. Auditing of the accounts of the Council shall be carried out by the Office of the Au ditor
3. Provisions of the accounts keeping and auditing of the nongovernmental organizations
affiliated to the Council shall be as prescribed.
4. Government of Nepal, if desired so, at anytime may check or cause examination of
documents, cash and com modity items related to the accounts of the Council.
5. The Council, if desired so, at anytime may check or cause examination of documents, cash
and commodity items related to the accounts of the nongovernmental organizations
affiliated to the Council.
Chap ter 7
Provisions on Affiliation, Work Permission and Approval of Non -governmental
21 To be Affiliated with the Council :
1. Nongovernmental organization desiring to carry out social welfare and development
functions shall be affiliated to the Counci l as prescribed .
2. To be affiliated in accordance with Subsection 1, nongovernmental organization shall
submit a petition before the Council in a prescribed format describing clearly the Charter of
the organization, name list of the Executive Board Members, p rofession, address and office
of registration and date.
3. After having received the petition pursuant to the Subsection 2, if deemed appropriate
having necessary inquiry against the petition, the Council shall grant the applicant
organization a certificate o f affiliation in a prescribed template taking prescribed fees.
4. The affiliation acquired under Sub -section 3 shall be valid for the period of five years.
22 Causing Renewal of Affiliation :
1. Nongovernmental organization affiliated to the Council, to sustain c ontinued affiliation, shall
submit an application before the Council in a prescribed template along with the prescribed
charge within one month before the expiry of period of affiliation.
2. While submitting application pursuant to Subsection 1, details and documents as
prescribed shall be attached with.
3. If deemed appropriate by the review of the application under Subsection 1 and attached
documents and details along with , the Council shall grant renewal to such
nongovernmental organization taking the tariff a s prescribed.
23 Work Permission to be Obtained :
1. International nongovernmental organization desiring to carry out social welfare and
development functions keeping office in Nepal shall compulsorily take working permission .
2. International nongovernmental orga nization which have carried out functions having
agreement with Government of Nepal, the Council or any other agency prior to enactment
of present Act, shall enter into the agreement in accordance with the provision of the
current Act after its enforcement .
3. International nongovernmental organization may not carry out functions unless obtaining
working permission under present Act.
4. Other provisions related to the working permission to the international nongovernmental
organization shall be as prescribed.
24 Cancellation of Working Permission of International Nongovernmental Organization :
1. The Council may cease working permission granted to international nongovernmental
organization in following conditions:
a. If acted against the sovereignty , integrity, foreign a nd security policy of Nepal ,
harmonious relations between various castes, tribes, religions, communities, incited
violent acts or acted against public morality;
b. If failed to submit annual progress report and account audit report to be submitted
before the Council under present Act;
c. If acted against prescribed terms and provisions of the working permission, ordinary
agreement and project agreement;
d. If not acted in accordance with present Act and rules and instructions under present
e. If closed the ongoin g programme without reason or remain inactive for a period of more
than one year by the date of work permission obtained or entered into the project
2. Project agreement of the international nongovernmental organization whose working
permission is ceased under Subsection 1 shall be ceased ipso facto .
25 Ordinary Agreement and Baseline Survey :
1. International nongovernmental organization desirous to work in Nepal shall enter into an
ordinary agreement with the Council within 45 days of obtaining workin g permission under
Section 23 .
2. After having entered into the ordinary agreement under Subsection 1, international
nongovernmental organization shall undertake a baseline survey reflecting the real
situation of the desired working sector.
3. Other provisions on ordinary agreement and baseline survey shall be as prescribed.
26 Assets to be Shifted to the Council :
1. In cases of cessation of the working permission under Section 24 or cancellation of the
programme in-betweens , all assets of the international nongovernmental organization
remained in Nepal in course of project implementation shall be shifted to the Council .
2. It shall be deemed ipso facto cessation of all facilities obtained from the Council by the
international nongovernmental organization following the cessation /cancellation of working
27 Approval to be taken to receive Foreign Aid :
1. If nongovernmental organization receives any types of aid or support from Government of
Nepal, foreign government, international nongovernmental organi za tion or foreigner citizen,
whether the aid or support is receivable entering to a contract or without having any
contract, prior to obtaining such aid or support , receiving organization shall submit an
application in prescribe template before the Council for the approval describing prescribed
2. Having inquiry against the application received under Subsection 1, if such aid or support is
not found against present Act and current laws, the Council, within 15 days of the receipt of
the application, may grant an approval to accept aid or assistance . Where aid or support is
found against Act and current laws such aid or support shall not be acceptable.
3. Nongovernmental organization receiving foreign aid or support without obtaining approval
from the Council in accordance with S ubsection 1 may not carry out programme expending
the amounts of foreign aid or support.
4. While opening office in Nepal by international nongovernmental organization of regional
level or institution providing aid or support bilaterally or multilaterally shal l carry out
programme in Nepal as well.
28 Not necessary to take an Approval :
1. Notwithstanding anything mentioned in Section 27, in following situations
nongovernmental organization shall not require to take an approval from the Council for
receiving for eign aid or support :
a. Receiving aid or assistance granted as emergency rescue by the institutions establish
in accordance with international treaties/conventions to which Government of Nepal is
b. Amounts approved by the Council under programme agreem ent with international
c. Financial assistance/support provided by Nepalese living abroad within the maximum
limit, programme and number of beneficiaries determined by the Council compatible to
d. In relation to the supp ort distribution received by the call made by the Govern ment of
Nepal in times of divine calamities and natural disaster.
2. Notification shall be given to the Council within one month where foreign aid/support is
received in accordance with Subsection 1.
29 Fo reign Aid not to be Accepted :
1. Any nongovernmental organization shall not launch project accepting foreign aid for the
purpose of conducting actions against the sovereignty , integrity, foreign and security policy
of Nepal, harmonious relations between variou s castes, tribes, religions, communities,
incited violent acts or acted against public morality.
2. If it is found foreign aid received by any nongovernmental organization in contravention of
Subsection 1, the Council may ban such organization in executing project.
3. If any nongovernmental organization is found expending amounts of foreign aid without
obtaining approval pursuant to Section 27, the Council shall take in or cause the control of
or restrict the cash or commodities of such aid in status quo. And, it shall write to the
relevant authority for cancellation of the registration of such organization.
4. If any funding/donor agency or international nongovernmental organization is found
releasing aid amount to any organization, person or others against present Act and rules
and regulations formulated under it, the Council shall dismiss the work permission and
agreement of such international nongovernmental organization.
Provisions on Suspension, Dissolution and Taking Actions
30 May Suspend, Dissolve o r take Action :
1. The Council may recommend to the relevant authority to suspend or dissolve the
organization if any nongovernmental organization affiliated to the Council or receiving
financial assistance from the Council acted against current Nepal law or C harter of the
2. If written recommendations made by the Council in accordance with Subsection 1 is
received, concerned authority of registering nongovernmental organization shall
immediately suspend or dissolve the organization and inform the C ouncil there of.
3. Notwithstanding anything mentioned elsewhere in present Section, the Council may
conduct inquiry having constituted an Inquiry Committee if a residential representative of
international nongovernmental organization, programme chief and o fficials of the
nongovernmental organization under its support or any other person wo rking in
organization caused harm and loss against interest of the organization or committed
corruption. On the basis of the inquiry report of the Council, if it is recomm ended by the
Ministry as well, action shall be taken against such person in accordance with present
31 May not perform Functions :
Except in a condition of contract to which Nepal is a party or a bilateral contract, any other
international nongovernme ntal organization may not perform social welfare and
development function without being affiliated to the Council.
Provision on Executing Project
32 Social Welfare and Development Functions may be Conducted through Nongovernmental
1. Gov ernment of Nepal may cause execution of its social welfare and development functions
through nongovernmental organization as prescribed.
2. In social welfare and development functions executed in accordance with Subsection 1,
specially following programmes m ay be conducted as per priority:
a. Programmes related to interest and welfare of women, children, senior citizens,
persons with disabilities, gender minorities, indigenous , Janajati, Dalits, helpless and
backward and marginalized communities;
b. Programmes rel ated to creation of employment and self -emp loyment ;
c. Programmes related to promotion of the participation for local development and
gender mainstreaming and empowerment of women;
d. Programmes related to prevention of gender violence, and control of trafficki ng in
e. Programmes related to promote access, ownership and control of women in resou rces
f. Programme creating self -employment of women by business operation and income
g. Programmes against customary social malpra ctices (KURlTI) and superstitions;
h. Programmes related to poverty alleviation, income generating and skill development;
i. Programmes related to law and human rights;
j. Programmes related to forest, environmental conservation and disaster reduction;
k. Programme related to awareness raising;
l. Various programmes related to fulfilment of basic needs including education and
m. Other programmes as prescribed.
33 Setting Priority Sector :
1. The Council shall set the priority sector for carrying out projects having co nsiderations on
subjective and geographical region on the basis of national policy of the Government of
2. The projects to be carried out by the international nongovernmental organization shall be
concentrated to the prioritized sectors in accordance w ith Subsection 1.
3. No work permission shall be granted for the programmes to be executed beyond the sector
prioritized under Subsection 1. Further, no ordinary and project agreement shall be
entered for such programme.
34 Project Agreement to be done :
1. International organization desiring to work in Nepal shall enter into project agreement
within three months of signing ordinary agreement with the Council under Section 25 .
2. If project proposal is not submitted within the period as prescribed under Subsection 1, a
time period of additional 60 day may be granted for a time if an application made by the
organization is found to be appropriate having inquiry. If international nongovernmental
organization that has taken working permission fr om the Council require d to execute
project through any agency of Government of Nepal or a local body, agreement shall be
done having coordination with the Council. The Council shall also be the participant of such
3. While having project agreement pursuant to Subsectio n 1, a plan of action along with
indicators setting targets on the basis of the baseline survey under Section 25 shall be
prepared and submitted before the Council.
4. The Council shall enter into a project agreement based on recommendation of the Project
Fa cilitation Committee under Section 44 and decision of the Ministry.
5. In the proposal pursuant to Subsection 2, in addition to others following information shall be
a. Particulars on the amount received for the project is not received in the name of any
ethnic, linguistic , religious community or institution;
b. Particulars on the amount of the project would not be used for the acts against the
sovereignty , integrity, foreign and security policy of Nepal , harmonious relations
between various ca stes, tribes, religions, communities, inciting violent acts or against
c. Particulars that administrative expenses would not exceed 20 percent of the total
budget of the project;
d. Particulars that 75 percent of the amount allocated for project shall be spent in the
activities beneficial to the target group and rest amount would be spent for activities
awareness, training and capacity development .
6. The Council shall make necessary inquiry on the proposal received under Subsection 2
and if deemed revision on it causing so and submit it to the Project Facilitation Committee
within one month of the receipt of such proposal.
7. The day of signing and entering a project agreement pursuant to Subsection 3 shall be
deemed the commencement of the project pe riod.
8. Approval from the Ministry for amendment shall be obtained if any change is required in the
project after having project agreement with the Council pursuant to Subsection 1.
9. Other provision regarding project agreement shall be as prescribed.
35 Aid to be Provided through Bank :
1. International nongovernmental organization shall open a bank account in a commercial
bank in Nepal as directed by the Office of the Comptroller of Account prior to having project
agreement with Social Welfare Council.
2. While pr oviding financial aid by international organization for approved project, that shall be
done through commercial bank operated in Nepal.
36 To be kept as Partner or Counterparts :
1. International nongovernmental organization shall keep nongovernmental organizat ions
affiliated to the Council as partners or counterparts while participating in social welfare
service and development functions .
2. International nongovernmental organization shall be responsible for all activities done by
the partner or counterpart organi zation in accordance with Subsection 1.
3. But, the Council shall give priority to appoint such specialist or volunteer from Nepali
human resources as far s available. For selection of nongovernmental organization
directives are to be prepared and enforced.
37 To be Performed having Coordination with Local Bodies :
1. While preparing and implementing project, national and international nongovernmental
organization shall coordinate with relevant local bodies.
2. If project is found prepared and implemented without havin g coordination with local bodies
pursuant to Subsection 1, the Council may dismiss such project agreement immediately.
3. The Council may delegate local bodies its powers to supervise, monitor and evaluate
programmes conducted with the support of international nongovernmental organization
under present Act.
38 Organization may not manage financial resource from the amounts allocated by Foreign
Government or Donor Agency :
International nongovernmental organization desiring to undertake social welfare and
developme nt functions in Nepal may not manage or consume financial resources having
deducted or making less from the amounts allocated by foreign government or donor
agency having specified for Nepal .
39 Provision on Appointment of Employees of Nongovernmental Organiz ation :
1. Nongovernmental organization, while appoint ing its employee , shall appoint on competitive
basis having notice published in national daily newspaper .
2. The Council shall make directives related to the appointment of employee by
nongovernmental organiz ation. Nongovernmental organization shall fulfil vacancy of
employee based on the directives
40 Provision on Public Hearing :
1. Public auditing and hearing shall be conducted annually in the participation of social
serving people, intellectuals, media person, ci vil society and users about aims, objectives
budget and achievements of the programme conducted by nongovernmental organization.
2. The Council shall develop and enforce directives on public auditing and he aring of the
41 Foreigner Representative, Specialist and Volunteer :
1. Either Chief or deputy chief of the international nongovernmental organization that has
obtained work permission from the Council is to be from Nepali citizen compulsorily.
2. For the purpose of using Nepali human resource, international nongovernmental
organization shall formulate and enforce its charter.
3. International nongovernmental organization may keep foreigner specialist or volunteer as
mentioned in the project agreement. However, were Nepali human resources are available
such specialist or volunteer is to be appointed from among them.
4. Number of the international specialist or volunteer under Subsection 3 shall be specif ically
confirmed in the agreement. No permission shall be given for bringing foreigner sp ecialist
or volunteer human resources where such number is not mentioned in the agreement.
5. The Council shall recommend to the Ministry for the service and visa for specialist and
volunteer serving in Nepal under bilateral or multilateral agreement with G overnment of
6. The Council shall develop and enforce directives to provide services of foreigner volunteers
and specialist s for the purpose of promoting capacity and resources and fulfilling technical
need of nongovernmental organization .
42 May not be In volved :
1. Officials and members of the Council of Directors and employees of the Council may not
be involve in any nongovernmental organization as its member, executive board member
or official and employee.
2. A single person at a time may not be a represent ative of international nongovernmental
organization as well as chief of the programme for a programme executed under the aid of
43 Visa, Work Permission and other Facilities :
1. As provided in working permission and agreement, resid ential representative, specialist,
volunteer and their dependent family member shall apply before the Council in prescribe
template to seek a visa .
2. Having inquiry to the application lodged in accordance with Subsection 1, the Council shall
recommend to the Ministry for granting visa, work permission and other facilities to the
persons deemed necessary.
3. If residential representative, specialist and volunteer of international nongovernmental
organization receiving visa under Subsection 2 is found to be actin g against the
agreement, the Council sh all recommend cancelling the visa and work permit of such
residential representative, specialist and volunteer.
4. The Council, where concluded as necessary, may recommend to the Ministry for remitting
custom duty and other tariffs for the items necessary for social welfare and development
functions to be carried out by international non -governmental organization registered and
working with agreement under present Act. While to make recommendation for concession
of tariffs of this kind , the details of the items to be imported shall be mentioned in the
programme agreement entered between the Council and relevant party.
5. Foreigner citizen, coming to Nepal to work for international nongovernmental organization
that h as received work permission subject to the agreement with the Council, shall receive
visa subject to Immigration Act and Regulations.
6. Provisions contained above in Subsection 1 to 5 shall be applicable also for the
international nongovernmental organizati on that has done agreement with the Council.
Provisions on Project Facilitation Committee
44 Constitution of Project Facilitation Committee :
1. To recommend in relation to the ordinary and project agreement of the international
nongovernmental organ ization, there shall be a Project Facilitation Committee.
2. In the Committee pursuant to Subsection 1, Convenor and member shall be as follows:
a. Joint Secretary of Ministry, taking in charge of the Social
b. Representative, Ministry of Finance Member
c. Representative, Ministry of Home Affairs Member
d. Representative, Ministry of Foreign Affairs Member
e. Representative, Ministry of F ederal Affairs and Local
f. Representative, Ministry of Law, Justice and Parliamentary
g. Representative, Secretariat of National Planning
h. Director or Deputy Director prescribed by the Council Member
i. Under Secretary of relevant Section of the Ministry and
Officer prescribed by the Convenor in his absence
3. While nominating the representatives pursuant to Subsection 2, relevant Ministry shall
nominate the officer at least of the le vel of Under Secretary.
4. If it is seen that the proposal submitted for facilitation is related to the Ministry other than
represented in the Committee, the Convenor may invite a representative of relevant
Ministry at least of Officer of the level of Under Secretary and expert having knowledge of
subject mat ter as necessary in the meeting of deliberation of such proposal.
45 Functions, Duties and Powers of Project Facilitation Committee :
1. Functions, duties and powers of the Project Facilitation Committee shall be as follows:
a. Recommend the Ministry for ordinary and project agreement of international
nongovernmental organization subject to the priority of nationa l development and
consistent to national integrity, sovereignty, social, ethnic and social harmony an d
foreign and security policies;
b. Recommend the Ministry amendments of ordinary and project agreement of
international nongovernmental organization ;
c. Rec ommend the Ministry along with suggestions on the subject matters to be adopted
policies and process in future in relation to the support/ assistance from the
d. Coordinate and cause coordination among various agencies at central level for the
projects implemented by organizations;
e. Perform and cause performance of other functions related to facilitation and
coordination of nongovernmental organization;
2. Other provisions in relation to the facilitation shall be as prescribed.
46 Performed in Coordination :
1. While providing financial and physical assistance to any of the nongovernmental
organizations by the office of Government of Nepal, it shall be provided only having
coordination with the Council.
2. The project run by ministry of Government of Nepal or body under it through the financial
support received with an objective of social service from any international nongovernmental
organization, donor agency or friendly nation shall be executed in coordination with the
3. To ensure activities of nongovernmental organizations transparent , accountable and
answerable, coordination shall be maintained having ensured the participati on of loc al
bodies and stakeholders in activities f rom preparation of planning to implementation,
moni toring and evaluation.
47 Supervision, Monitoring and Evaluation :
1. The Council shall regularly supervise, monitor and evaluate the programmes run by the
assistance of national and international nongovernmental organizations
2. For the task as stipulated in Subsection 1 , the Council s hall deposit an amount in a
separate account having deducted in advance as prescribed from the total amount of the
project at the time of entering into project agreement.
3. Other provisions on supervision, monitoring and evaluation shall be as prescribe d.
48 Project Advisory Committee :
1. To provide advices in relation to the execution of the project to be run by international
nongovernmental organization, provisions for Project Advisory Committees at Central,
Provincial and district level shall be made as nece ssary.
2. Other provisions related to the Project Advisory Committees under Subsection 1 shall be
49 Delegation of Powers :
1. The Council may delegate its powers to Chairperson, Vice chairperson, Treasurer, Member
and Member Secretary as necessary.
2. The Chairperson may delegate his powers to any Officials , Member and Member Secretary
of the Council as necessary .
3. Member Secretary may delegate his powers employed Officers of the Council as
50 Establishment and Distribution of Award :
The Council, to encourage national and international nongovernmental organizations person or
donor to m ake mentionable contribution in the protection of rights of the people and promotion
of interest, welfare and empowerment of deprived and backward classes and communities by
being involved in social service and development work , may establish and distribute various
51 Remuneration, Meeting Allowance and other Facilities :
Allowance to chairperson and member s of Council of Directors for attending meetings of
council, various committees and subcommittees and daily and travel allowance while making
visits across Nepal and abroad in course of the tasks of Council shall be as prescribed.
52 Direction may be given :
1. The Ministry may give directions to the Council time and again i n course of various
proceedings. Se cretary of the Ministry may inspect and monitor the Counc il and any of the
national and international nongovernmental organizations affiliated to the Council . Relevant
body shall be proactive to implement the advices received from inspection and monitoring.
2. The Council may give necessary instructions in course of running programmes to
organisations and institutions undertaking social welfare and development functions . If
taken necessary, the Ministry may give necessary instructions supervising and monitoring
the activities done by any national and international nongovern mental organization.
3. Upholding the d irections or instruction s given pursuant to Subsection 1 and 2 shall be the
duty of the Council and concerned Organization.
4. Work permission of the organization not performing under current laws, periodic plan,
Development Assistance Policy 2071, Sector -wise Polic ies, prescribed standards and
direction s/instruction s shall be cancelled as prescribed.
53 Classification of Organizations :
Nongovernmental organizations registered by Nepal law shall have equal status . But, the
Council shall make a work division having organizations classified in accordance with
standard determined by the Council on t he basis of the experience, resources and
54 Selection of Partner Organization :
1. Each international nongovernmental organization while running project, shall implement
project through an organization working in relevant region and affiliated to the council
having selected. But priority shall be given to the working organization registered in
relevant district while running programme at local level .
2. If organization in accordance with Subsection 1 is not available at local l evel, organization
of adjoining or nearby district shall be selected.
55 Progress Report to be Submitted :
1. Each international nongovernmental organization shall submit half yearly and yearly
progress reports and account audit report within six month of the completion of each fiscal
year to the Council compulso rily.
2. National nongovernmental organization affiliated to Council shall submit annual report
detailing the functions done and achievements thereto along with account audit report
within six month of the completion of each fiscal year to the Council .
56 Annual Report to be presented to the Ministry
1. The Council shall submit an annual report to the Ministry within six mon ths after the
completion of fiscal year, along with deta il descriptions of its work and audit report .
2. The Ministry shall present the annual report pursuant to Subsection 2 before Legislative
57 Contact with Government of Nepal
1. In maintaining contact with Government of Nepal, the Council shall make it through Ministry
of Women, Children and Social Welfare .
58 Law may be Formulated
1. Necessary legisl ations may be promulgated and enforced at provincial and local levels in
relation to the operation, regulation, supervision, monitoring and evaluation of
organizations having mobilized maximum social welfare and development efforts to be
made by nongovernme ntal sector at provincial and local levels.
2. While making laws related to the province , there shall be clear mention about the provincial
offices of the Council and scope and authorities of organizations.
3. All nongovernmental organizations desirous to run functions in social welfare and
development sector in Nepal shall be registered at the Council or at office, authority or
association s prescribed by it in ac cordance with one door system.
59 Power s to frame Rules and Directives :
The C ouncil may frame necessary rules and directives for implementing the ob jectives of
this Act subject to ambit of this Act .
60 Power s to frame Byelaws :
The C ouncil may frame necessary byelaws to further its functioning subject to ambit of this
Act and the rules framed under it .
61 Recovery :
The C ouncil may recover its dues from the subordinate funds and offices equivalently as
government dues .
62 Appeal :
Party unsatisfied on the order or decision made in accordance this Act, may lodge an
appeal against before a relevant High Court within 35 days .
63 Power s to remove difficulties :
If any difficulty arises in connection with the implementation of this Act, Government of
Nepal may remove such difficulty by notification published in the Nepal Gazette.
64 Shall be in accordance with Law :
It shall be in accordance with this Act in the matters written in present Act and for matters
not written herein , it shall be in accordance with current Nepal law.
65 Saving and R epeal :
1. The Social Welfare Act 2049 BS (1992) is hereby repealed .
2. Properties, rights and liabilities of Social Welfare Council shall be transferred to the
Council constituted under this Act.
3. The tenure of the nominated officials under Social Welfare Act 2049 shall remain as
mentioned in the same Act.
4. The Officials , Members and E mployees worki ng under Social Welfare Council under Social
Welfare Council Act 2049 shall be transferred to the Council constituted under this Act.
5. Functions and proceedings carried out in accordance Social Welfare Act 2049 s hall be
assumed to be carried out under present Act.
6. Nongovernmental organization registered in the Council in accordance with Social Welfare
Council Act 2049 previously shall be transferred to the Council after commencement of
7. Other Acts and Rules inconsistent with present Act shall be inactiv e ipso facto to the extent
of inconsistency .