The Social Welfare Act, 2049 (1992)
Date of Authentication and publicati on
Date of Authentication and publicati on Date of Authentication and publicati on
Date of Authentication and publicati on
17 Karti k 2049 (2 Nov. 1992)
17 Karti k 2049 (2 Nov. 1992) 17 Karti k 2049 (2 Nov. 1992)
17 Karti k 2049 (2 Nov. 1992)
An Act No 29 of the year 2049
An Act No 29 of the year 2049 An Act No 29 of the year 2049
An Act No 29 of the year 2049
An Act made to provide for the Social Welfare
Whereas, it is expedient to the all around de velop ment of Ne pale se people and
Nepa lese society, in order to re late socia l welfare activities and various soc ia l welfare
orie nte d activities to tie up with reconstruction a ctivitie s, in order to pro vide huma nistic
live lihood to the weak and he lple ss individua l, c la ss and c ommunity and make them
enable; in order to pro vide sta tus and re spect to t he we lfare orie nted institutions and
individuals and in order to de ve lop a co-ordination be tween soc ial we lfare oriented
institutions and organiza tions. Now, therefore, b e enacted by Parliame nt in the twenty first year of the re ign of
His Ma jesty K ing Bire ndra Bir Bikram Sha h De v.
1. Short title an d commencement
: (1) This Ac t may be calle d “Soc ia l We lfare Act,
2049, (1992)”. (2) This Act shall c ome into force immediate ly.
: In this Act unless the subject or c ontext otherw i se require s,-
(a) “Soc ial we lfare activity” means the welfare ac tivity orie nte d towards the
econom ic and soc ial upliftment and se lf-reliance to the weak, he lple ss and
disable individua ls.
(b) “Soc ial service” mea ns the socia l welfare acti vity done, persona lly or
collectively without the purpose of profit.
(c) “Soc ial Organization and Institution” means a n orga niza tion and institution
esta blished under the pre va iling Laws in order to c arry out various soc ia l
welfare activitie s and soc ial we lfare oriented non- governme nta l
orga niza tion or institution.
(d) “Counc il” means the council constitute d under S ection 5 of this Ac t.
(e) “Chairperson” means the Chairperson of the c ou ncil.
(f) “Member” mea ns the me mber of the Council and t his e xpression sha ll a lso
includes the Chairperson, Vice-c ha irperson, trea sur er and mem ber-secretary
of the council.
(g) “Constitution” means the constitution of an or ga niza tion, a nd institutions.
(h) “Prescribed” or “pre scribed” mea ns prescribed or as pre scribed, in Rules
framed under this Ac t.
3. Social Welfare Programme
: Go vernment of Ne pa l, by means of different
activitie s re lating to the soc ia l welfare work, to support the overa ll de ve lopment of
the c ountry may opera te the soc ial we lfare programm e through the concerned
Ministry a nd Soc ia l organizations a nd institutions.
4. Special Programme relating to social welfare
: Go vernment of Nepa l may
operate specia l Programmes, relating to the socia l welfare ac tivity a nd soc ial
service, in the following ma tters:
(a) To ser ve interest and re nder welfare to the ch ildren, oldage, he lpless or
(b) To foster participation in de ve lopme nt a nd to promote and protect the
welfare, rights and interest of the wome n.
(c) To reha bilitate a nd help to lead a life of dig nity to the victims of soc ia l
m isc hie f’s and also to juvenile delinque ncy, drug a ddic ts and similar people
in volve d in other kind of addictions.
(d) To he lp to lead a life with dignity to the job le ss, poor and illiterate people.
(e) To mana ge religious places and the activities of the trust Guthi institutions.
(f) To take effective management a nd ac tions for t he welfare of the bac kward
communitie s and c lasses.
5. Establishment of the council
: (1) The socia l we lfare counc il has been establish ed to
make e ffective co-ordination, co-operation, mobiliz ation a nd promotion of the soc ial
organizations and institutions, in order to run soc ia l activities in more organized way.
(2) The Council consists of the following members:
The Ministry or the Minister of State responsible f or
the social welfare work –
(b) One reputed soc ia l worker nominate d Gove rnme nt of Nepa l –
(c) One reputed social worker nominated by
Government of Nepal –
(d) President, Social Committee, at present Constitutional Assembly –
(e) Member, (responsible for the social service) th e
National Planning Commission –
(f) Not more than four persons at least one
women nominated by Government of Nepa l
from among the social worker –
(g) Three persons nominated by Government of Nepa l from among various social organizations
and institutions –
(h) Representative of the relating Ministry respons ible
for social welfare –
(i) Representative, Ministry of Home Affairs –
(j) Representative, Ministry of Local Development –
(k) Representative, Ministry of Finance –
(l) Representative, Ministry of Health –
Representative, Ministry of Education and Culture – Member
(n) The person nominated by Government of Nepa l –
(3) The tenure of the nominated members shall be four years and they may be
(4) Go vernme nt of Nepal ma y ma ke altera tions of the council members
base d on the recommendation with reasons submitte d by the Counc il a nd is shall
be notified in the Nepal Gaze tte.
6. Council to be a c orporate body
: (1) The Council shall be an autonomous
corporate body ha ving perpetua l succe ssion. (2) The Counc il sha ll ha ve a separate seal of its o wn to carry out its all
(3) The Counc il may have power to acquire, enjoy, s e ll or otherwise dispose
of movable and immova ble property, as a person. (4) The Counc il may sue on its beha lf or be sued a g a inst it a s a person.
(5) The Counc il shall ha ve a se parate flag of its own.
7. The office of the Council
: (1) The centra l office of the Counc il shall be lo ca ted in
Kathmandu. (2) The Counc il may ope n contact offices a s nece ssa ry w ithin the Nepal.
8. Meeting an d decision of the Council
: (1) The meeting of the Council sha ll ta ke
place in the da te, time and place specified by the cha irperson at lea st twice a year.
(2) The quorum for the meeting of the Counc il shall be at least fifty percent
of total num ber of the member. (3) The cha irperson sha ll preside the Council meeti ng in ca se of absence of
the c ha irperson, vice-cha irperson, a nd if both abse nt, the member se lec ted among
them se lves sha ll preside over the meeting.
(4) The opinion of the ma jority sha ll be credible i n the meeting of the
Council and in case of tie cha irperson sha ll give t he casting vote.
(5) The decision of the Counc il sha ll be authentica ted by the member-
secretary. (6) Other procedure s re lating to the meeting of the Council shall be
determined by the Counc il.
9. Functions, Duties an d Powers of the Council
: The functions, Duties a nd P owers
of the Council sha ll be a s follow s:
(a) To r un or c au se t o run t he soc ia l we lfa r e a ct i vit ie s sm oot hly a nd
e ffe c ti ve ly, t o e x te nd he lp t o the s oc ia l or ga n iz a t io ns a nd in stit ut ions
a nd to de ve lo p c o-ord ina t ion s a m ong the m a nd to su p er vis e , fo llow-
up a nd ca rr y o ut e va lua tio ns o f t he ir a c ti vitie s.
(b) To e xte nd or c a use t o e x te n d he lp a nd su pport to e sta blis h s oc ia l
orga niz at io ns a nd inst it ut ion s, t he ir de ve lopme nt, stre ngt he nin g a nd
e xte ns ion s.
(c) To wor k or c a use to w or k a s co-c oor d ina tor be t we e n Go ve r nm e nt of
N epa l a nd soc ia l or ga n iza t io n s a nd ins t itu t io ns.
(d) To pr o vid e co nsu lta nc ie s t o Go ver nme nt o f N epa l in or der to
form ula te po lic ie s a nd pro gra mme s d irec t ly re la te d t o s oc ia l w e lfa re
a ct i vit ie s a nd ot her s oc ia l se r vic e s.
(e) To e sta blis h a nd co nduc t or c a u se t o e sta b lis h a nd c onduc t a fu nd, for
the soc ia l we lfa re a c ti vitie s.
(f) To work or c a use to w ork a s a ce nte r for disse m inat io n of
informa tion a nd d ocume nt a t io n t o t he a ffilia te d s e r vice or ie nte d
orga niz at io ns a n d inst itut ions w ith Co unc il.
( g) To c o nduc t or ca u se t o c onduc t tra in ings, stu d ie s a nd re sea rc h
pro gra mm e s in t he a re a s w it h soc ia l we lfa re.
(h) To c arr y out or ca u se to ca rry out th e p hy s ic a l supe r vis io n s of t he
pro per t ie s of th ose s oc ia l inst itu t ion s a nd or ga n iz a t io n s a ffil ia te d
w ith the C ou nc il.
( i) To ca rry ou t or c a u se to ca rry ou t the ne ce s sa r y func tio ns to
imp lem e nt the ob je c ti ves o f t his Ac t.
( j) To ma ke or ca use to ma ke co ntra c t or a gree me nt w ith the loc a l,
fore ign or inte rna tio na l or ga n iza t io n s a nd fore ign c o untrie s.
(k) To c ollec t gran t fr om the na tiona l a n d int e rna t io na l a ge nc y a nd to
m ana ge th e re ce i ve d gra nt.
10. Formation of the executive committee
: (1) In order to carry out its regular
activity the Counc il sha ll form an executive comm it tee a mong its members. The
committee sha ll c onsist of maximum of se ven members , inc luding cha irperson,
vice-cha irperson, treasurer and member-secretary of the Counc il.
(2) The executive committee sha ll prepare its annua l programme budget and
other re lated policy matte rs of the counc il and e xe cute them with the a ppro va l of
the Counc il. (3) Apart from the function re ferred in Sub-section (2), other func tions,
dutie s and powers of the Executive Comm ittee shall be a s prescribed.
11. Formation of sub-committee
: (1) Counc il may form Sub-com mittee as necessary
for the e ffic ient c onduct of its business.
(2) The func tions, duties, powers a nd procedure s of the sub-committee
formed under Sub-sec tion (1) shall be as spec ifie d by the Counc il.
12. Permission an d agreement
: (1) Any fore ign non-government organization if
willing to work w ithin the kingdom of Nepa l, befor e starting the work shall
subm it an application to the Counc il for perm ission.
(2) The Counc il, a fter rece iving an applica ti on pursua nt to
Sub-section (1) may give perm ission dec iding w it hin three months.
(3) The permitted fore ign non-government organiza ti on, pursuant to Sub-
section (2) be fore opera ting the work w ithin Nepal, sha ll ha ve to reach in an
a greement with the Council.
13. Affiliation with the Council
: (1) Soc ia l orga niza tions a nd institutions intere s te d to
keep affilia tion w ith the Counc il shall ha ve to sub m it a n a pplication a s prescribed
in the form. (2) The organizations and institutions applying pur suant to Sub-section (1)
sha ll submit a nd mention its Constitution, name of exec utive c ommittee members,
their occupations and addre sses and the office wher e the organization or institution
has bee n re gistere d and the date of the registra tio n a long with the a pplica tion.
(3) After rece iving the a pplication pursua nt to Su b-section (1) if it deems to
be a ffiliated such institutions or organiza tion w i th the Counc il, the Counc il shall
issue the certificate as prescribe d form taking th e fees a s presc ribed.
(4) The organization or institutions affilia ted wi th the Council may keep out
its affilia tion a s prescribed.
14. Provisions relate d to C onstitution
: The constitution of the organizations and
institutions intended to a ffiliate with the Council , sha ll me ntion the re lated matters
as prescribed in addition to the ma tters mentione d in pre va iling laws.
15. Provisions to the Social organization s and institut ions, wh o had al ready
receive d ce rtificate : (1) The orga niza tions a nd institutions w ho had al ready been
affiliate d and rece ived certificate from the Soc ial Service National Coordination
Council be fore the c ommence ment of this Ac t shall b e assume d automa tica lly
affiliate d w ith the Counc il, pursuant to the provis ions of this Ac t.
(2) Soc ial organization and institutions affiliated with the Counc il pursuant
to Sub-sec tion (1) sha ll submit its constitution am ending a nd adjusting necessary
pursuant to this Act within the period of one year of the commence ment of this
16 . Relating to economic assistance
: (1) Social organizations and institutions willin g to
get material, technical, economic or any other kind of assistance either from Government
of Nepa l or foreign countries, international social organizations and institutions or
missions or individuals shall submit a project prop osal and application along with other
details to the Council as prescribed. Provide d that, yearly assista nce up to Two Hundred Thousand Rupees for
the project tha t to be finishe d immediate ly may be taken only giving prior notice
to the Council and a fter the completion of sa id wo rk, a report should be submitted
to the Council, within the pe riod of three m onths. (2) After rece iving an a pplication pursua nt to Sub -section (1) the Council
sha ll provide permission coordina ting w ith the conc erne d ministry or a gency
within the period of forty-five da ys. Provide d that, no permission may be give n to the wo rk or projec t whic h is
a ga inst the nationa l intere st. (3) To coopera te and coordinate w ith loca l a gency while impleme nting the
approve d project. (4) Notwithsta nding anything state d in Sub-section (1) no pre-perm ission
sha ll be require d to those internationa l institutio ns e sta blishe d under interna tiona l
Agreements in whic h Go vernment of Nepa l is a party for a ssistance that relates
emergency relief ser vice s. Provide d that, notice shall be given to the Counc il a fter rece iving such
assistance. (5) While pro viding economic a ssistance to th e approved projects by
the fore ign organiza tions, a ssistance sha ll be cha nne liz ed through the c ommerc ial
banks opera ting w ithin Nepa l.
The Fund of the Council : (1) The Council shall have own separate fund and
the fund shall contain the following money:
(a ) Mone y re ce i ve d from Go ve r nm e nt o f Ne pa l.
(b) Mone y re c e i ve d fr om fore i gn Go ve rnme nts, inte r na t iona l
or ga n iza t io ns or fore ign or ga n iz a tio ns, th rou gh Go v er nm e nt of
Ne pa l.
(c ) Mone y re ce i ve d fr om the m ova ble or im mo va b le p ro pe r ty of t he
(d) Mone y re c e i ve d from an y ind i vid ua l, inst it ut io ns or c ou ntr ie s in
the form of do na t ion, a ss is ta nc e , gra nts a nd pre se n ts.
(e ) Mone y re ce i ve d from a n y o the r so urc e s. (2) All money of the Counc il sha ll be de posited by ope ning a n acc ount in
the name of the Counc il in Nepa l Ra stra Bank or any Commerc ial Ba nk.
(3) All expenditure of the Council sha ll be borne f rom the fund pursuant to
Sub-section (1). (4) The operation of the account of the Counc il sha ll be as prescribed.
Account an d Au diting : (1) The account of the Council shall be m aintained in
accordance with the procedures accepted by Governm e nt of Nepal.
(2) The Audit of the Counc il shall be carried by th e Department of Auditor
Genera l. (3) Acc ount a nd auditing of the soc ial organization s, affiliated w ith the
council sha ll be as prescribe d. (4) Government of Nepa l, if it so w ishes, ma y inspe ct or ca use to inspect the
accounts docume nt a long with cash and kind of the c ouncil at any time.
(5) The Counc il, if it so w ishes, inspec t or ca use to inspect the acc ounts
doc ument a long with cash and kind of the soc ia l org anization and institutions
affiliate d w ith the Counc il at any time.
19. Delegation of Authority
: (1) The c ounc il sha ll ha ve the power to de le gate its
Authority under the Act as necessary, to cha irperso n, vice-cha irperson, members,
executive committee pursuant to Section 10, or Sub- com mittee under Sec tion 11.
(2) The chairperson shall ha ve the power to delegat e its Authority, if
so necessary, to any member of the council or offic ers.
20. Suspension or dissolution : (1) Go vernment of Nepal on the rec ommendations of
the Counc il may suspend or dissolve executive commi ttee or those soc ial
orga niza tions or institutions a ffilia ted w ith the c ounc il or, rece iving economic
assistance from the Council, if they do their busin ess a ga inst, pre va iling laws or
their own constitutions.
Provide d that, a reasonable opportunity, to give th e ir c larifica tion shall be
give n to the executive comm ittees before the ir susp e nsion or dissolution.
(2) Go vernment of Nepal ma y constitute a Ad hoc committee from the
general members of that organization and institutio n to carry out the business of
that organiza tion and institution until the suspens ion of that orga nization and
institution lifte d, when suspended a nd until the co nstitution of new executive
committee, when dissolve d pursuant to Sub-section ( 1).
(3) The Ad hoc comm ittee formed pursua nt to Sub-section (2) in th e
condition of dissolution of any soc ia l orga niza tion a nd institution pursuant to
Sub-section (1), sha ll c onstitute new executive com m ittee within the period of
three m onths of its formation, in acc orda nce w ith t he constitution of those
orga niza tion a nd institution.
21. Provision related to the em ploye es
: (1) The Counc il may appoint employees and
necessary. (2) The remuneration conditions of the services and assoc iated facilities of
the Counc il employees shall be as spec ified by the Council.
22. Involvement of the social organi zations or institut ions
: The employees of the
Council sha ll not be a llowed to in volve as a uthorit y or members of the executive
committee s of those soc ia l orga niza tions or institu tions a ffiliate d w ith the counc il.
23. Annual Report
: (1) The Counc il shall submit an audit report to t he Government of
Nepa l w ithin the period of six months after the com ple tion of its fisca l year, along
with detail descriptions of its work and activities . s
(2) Soc ial organizations or institutions a ffiliate d with the Counc il shall
subm it audit report, to the Counc il within the peri od of six months after the
completion of fisc al year a long w ith the deta il des criptions of the ir work and
24. Power to remove difficulties
: If any difficulty arise in c onnection with the
implementation of this Act, Go vernme nt of Nepa l may issue, order to remove such
difficulty by notifica tion published in the Nepal G aze tte.
25. Contact with Government of Ne pal
: In ma inta ining c ontact with Government of
Nepa l, the Counc il sha ll act through concerned M ini stry.
26. Power to frame Rules
: The counc il may frame necessary rules for impleme nting
the objectives of this Ac t.
27. Saving an d re peal
: (1) The Soc ia l Ser vice National Coordina tion coun c il Act,
2034 (1977) is, here by, repeale d and sha ll be the r ights a nd lia bilities of Soc ial
Ser vice National Coordination Council tra nsferre d t o the Counc il c onstituted under
(2) The employees working under Socia l Service Nati onal Coordination
Council sha ll be transferred to the Council constit uted under this Act.