The B. P. Koirala Institute of Health
Sciences Act, 2049 (1993)
Date of Authentication and Publication:
2049.10.5 (18 Jan., 1993)

Amendments:

1. The B. P. Koirala Institute of Health Sciences (First Amendment) Act, 2055(1998) 2055.7.11(28 Oct., 1998)
2. Income Tax Act, 2058 (2002) 2058.12.19 (1 April, 2002)
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010) 2066.10.7(21 Jan., 2010)
Act number 48 of the year 2049(1993) An Act made to provide for the B. P. Koirala Institute of Health Sciences

Preamble:

Whereas, it is expedient to make legal provisions for the establishment and operation of the B. P. Koirala Institute of Health Sciences, which is of national importance, in order to keep on making Nepal re liable in the filed of health service s in a gradual manner, to provide the general public with standard health services, to prepare such human resources a s may be require d to promote high standard  study and research works on health, with a view to eterna lly commemora te people ’s leader la te Bishweshor Prasad Koirala ; Now, therefore, be it e nac ted by the Parliame nt in the Twenty first year of the reign of H is Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1
Preliminary

1. Short title and commencement:

(1) This Act may be ca lle d as the “B. P. Koirala Institute of Health Sciences Act, 2055(1993).”
(2) This Act sha ll c ome into force immediate ly.

2. Definitions:

Un less the subjec t or the c onte xt otherwise requires, in this Act:
(a) “Institute ” mea ns the B. P. Koirala Institute of Health Sciences e sta blished under Sec tion 3.
(b) “Council” mea ns the Governing Council forme d pursua nt to Sec tion 7.

(b1) 1 â€œChancellor” means the  Chancellor a s re ferre d to in Sec tion 11.
(b2) 2 â€œPro-Cha nce llor” means the Pro-Chancellor as re ferred to in Sec tion 11A.

1 Inserted by the First Amendment.
2 Inserted by the First Amendment.

(c) 3 â€œVice-Chancellor” means the Vice-Chancellor as referred to in Section 11B.
(c1) 4 â€œRector, Re gistra r and Hospital Direc tor” means the Rec tor, Re gistrar and Hospital Director appointed
pursuant to Sec tion 11C.
(d) “Prescribed” or “as pre scribed” mea ns pre scribe d or as prescribe d in this Act or the rule s fram ed under this Ac t.

Chapter-2
Establishment, Objectives and F unctions, Dutiesand Powers of B. P. Koirala Institute of Health Sciences

3. Establishment of B. P. Koirala Institute of Health Sciences:

(1) The B. P. Koirala Institute of Health Sciences is, here by, esta blished in order to kee p on ma king Ne pal re liable in the filed of hea lth service s in a gradua l manner, to pro vide the ge neral public w ith sta ndard health ser vices,
to pre pare suc h human resource s as ma y be required to promote high sta ndard study and research works on
hea lth. It sha ll be called a s “ B. P. Koirala Institute of Health Sciences” in English.
(2) The office of the Institute shall be situated in Dharan of Sunsari D istrict.

4. Institute to be autonomous body:

(1) The Institute shall be a n a utonomous body corporate with perpetua l succe ssion.

3 Amended by the First Amendment.
4 Inserted by the First Amendment.

(2) The Institute shall ha ve a separate sea l of its own for a ll of its a ctivities.
(3) The Institute may, like an individua l, acquire, use, sell and dispose of, or otherwise dea l with, any movable a nd
imm ovable property.
(4) The Institute may, like an individua l, sue by its name a nd be a lso sued by the same name.

5. Objectives of Institute:

The objec tives of the Institute shall be as follows:
(a) To im part educa tion of certifica te, bache lor, ma ste r’s degree a nd PhD le ve l to the persons who ha ve possessed qua lification a s prescribed in me dic ine, nursing a nd other subjects of hea lth sector in order to pre pare suc h hum an resources a s m ay be required for the de ve lopme nt of sta ndard hea lth service s, while keeping on ma king the country self-re lia nt in the hea lth sec tor. 5
(b) To provide sta ndard he alth se rvice s, give various tra inings on health a nd give ad vice to and seek a dvice
from other hea lth institute s.
(c) To do necessary re searc h works on hea lth sector.
(d) To make pro vision of re searc h a nd trea tment of infec tious and tropica l disea ses a nd esta blish a Institute of
excelle nce of nationa l le ve l in these fields.

5 Amended by the First Amendment.
(e) To act a s one of the na tiona l resource Institutes for the development of huma n resource s in health sec tor and for tra inings to the te achers of health sc ience s.

6. Functions, duties and powers of Institute:

The func tions, dutie s a nd powers of the Institute sha ll be as follow s:
(a) To carry out and promote teaching, learning and research activities in various subjects of hea lth se ctor.
(b) To mainta in coordination w ith native or foreign university, hospital or educa tiona l institute s in order to
enhance the standards of the works opera ted by the Institute,
(c) To ha ve exc hange of mutua l a ssistance by e sta blishing, expanding and strengthening relationship w ith any native and fore ign unive rsitie s and institutes 6 and na tiona l a nd internationa l orga nizations re late d with hea lth.
(d) To ma ke provision of te aching, tra ining and research works on hea lth in order to pre pare qua lified hum an
resource in the hea lth sector.
(e) To organize, or cause to be organized, symposia, conferences etc. on hea lth re lated subjects and ma ke or
cause to be ma de various publications on hea lth, for the atta inme nt of the objective s of the Institute.
(f) To obtain fina ncial, te chnica l a nd other assistance from native and fore ign person and nationa l a nd interna tionalbodies a nd mobilize such assista nce for hea lth re lated works for the opera tion of, and in c onsonance with the objective s of, the Institute. 7
(g) To enhance, or ca use to be enha nced, public awareness as to the utility and value of hea lth services.
(h) To act as one of the ad visers of the Governme nt of Ne pal in the de ve lopme nt of hea lth re lated polic ies and hea lth sector.
(i) To provide financia l and technical a ssista nce to the bodies in volve d in health ser vice s.
(j) To provide for educa tion a nd tra inings to be imparte d by the Institute, take examina tion, and gra nt ba che lor’s, master’s a nd doctora te degrees a nd other ce rtificate.
(k) To pro vide scholarships, meda ls and prizes.
(l) To prepare curricula a nd course books for the programmes imparting e ducation of ce rtificate,
bache lor’s, master’s and doctorate le ve ls. 8 (m) To de velop mode l information and re searc h z ones in the
distric ts presc ribed for the dissemination of information and promotion of research works on he alth ser vic es.
(n) To make nece ssary provisions on the service, terms a nd conditions and facilitie s of the offic e-bea rers, teac hers9 and em ployees se rving in the Institute.

7 Amended by the First Amendment.
8 Amended by the First Amendment.
9 Inserted by the First Amendment.
(o) To make appointments to various posts of the Institute, as prescribe d.
(p) To prescribe a nd c ollect educa tiona l and other service fee s.
(q) To borrow loa ns aga inst sec urity of a ny property of the Institute.
(r) To invest the properties of the Institute.
(s) To establish a revolvin g fund of the Institute a nd operate the fund a s pre scribed.
(t) To perform, or ca use to be performe d such other func tions as m ay be re quired for the accomplishme nt of
the objec tive s of the Institute.

Chapter-3
Formation and functions, duties and powers of Governing Council and Executive Committee

7.10 Formation of Governing C ouncil:

(1) There sha ll be forme d a Gove rning Council consisting ofthe following membe rs to perform the functions required to be performed by the Institute:
(a) Pro-Cha nce llor Chairperson
(b) 11 Member

10 Amended by the First Amendment.
11 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
(c) 12 Member
(d) Member, National P lanning Commission (looking a fter health sector) Member
(e) One person nominated by the Go ve rnment of Nepal from amongst the former vice-chancellors of the Institute
Member
(f) A ma xim um of two persons nominate d by the Go vernment of Nepa l, on rec omme ndation of the Exec utive Committee, from amongst the vice-chancellors of unive rsitie s Member

(g) Vice -cha ncellor, ………. 13 Nepal Academy of Sc ience a nd Technology Member
(h) One person from amongst the em inent wome n soc ial activists Member
(i) Secretary, Ministry of Hea lth Member
(j) Secretary, Ministry of Educa tion Member
(k) Secretary, Ministry of Financ e Member

12 Deleted by The Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
13 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(l) Dean, Institute of Medica l Scie nce s (Tribhu van Unive rsity) Member
(m) Chairperson, Nepa l Health Re searc h Council Member
(n) Chairperson, Nepa l Me dical Council Member
(o) Two persons nom ina te d by the Go ve rnment of Nepa l, on recomme ndation of the Exec utive Committee, from amongst the medical sc ientists Member
(p) Mayor, Dhara n Municipa lity Member
(q) Rector Member
(r) Re gistrar Member
(s) Hospita l Direc tor Member
(t) Two persons nom ina te d by the ProChancellor, on rec omme nda tion of the V ice-Cha nce llor, from amongst
the teac hers of the Institute Member
(u) A maximum of Two persons nominate d by the Pro-Cha nce llor, on recommendation of the Exec utive  Committee, from  amongst the renowned sc holars, soc ia l workers, industrialists a nd businesspersons Member
(n) Vice -Chancellor Member Secretary
(2) The term of offic e of the nom inate d members, other than the ex officio mem bers, out of the members as re ferred to in Sub-section (1) of sha ll be Four years.

8. Meeting and Decision of Council:

(1) The Council shall hold its meeting at least Twice a year.
(2) The meeting of the Council shall be presided over by the chairperson of the Council, and by the person selected by the members present at the meeting from amongst themselves, in the absence of the chairperson.
(3) The presence of Fifty percent members of the total number of members of the Council shall be deemed to constitute a quorum for a meeting of the Council.
(4) A majority opinion shall prevail at the meeting of the Council. In the event of a tie, the chairperson may exercise the casting vote.
(5) The decisions of the Council shall be authenticated by the Member Secretary of the Council.
(6) Other procedures relating to the meeting of the Council shall be as determined by the Council itself.

9. Functions, duties and powers of Council:

(1) In addition to the functions mentioned elsewhere in this Act, the functions, duties and powers of the Council shall be as follows:
(a) To fix policies on teaching and research works to be carried out by the Institute.
(b) To frame Rules of the Institute.
(c) To approve the plans and programmes of the Institute.
(d) To make appraisal and evaluation of progress on annual programs of the Institute, and approve annual budget.
(e) To perform such other acts as prescribed.
(2) The Council may form, as required, any committee and subcommittee to perform any act required to be performed by it pursuant to this Act.
(3) The functions, duties and powers and procedures of the committee formed pursuant to Sub-section (2) shall be as prescribed.

10. Formation and functions, duties and powers of Executive Committee:

(1)14 There shall be an Executive Committee consisting of the following members to act as an executive body of the Institute:
(a) Vice-chancellor Chairperson
(b) Rector Member
(c) Representative, Ministry of Health Member

14 Amended by the First Amendment.

(d) Director of the Hospital Member
(e) Two persons nominated by the Pro-Chancellor, on recommendation of the Vice-Chancellor, from amongst the departmental heads of the Institute Member
(f) Registrar Member secretary

(2) The tenure of the members as referred to in Clause (e) of Subsection (1) shall be Two years.

(3) The other functions, duties and powers of the Executive Committee shall be as prescribed.

Chapter-4
Provisions relating to office-bearers, teachers and employees of Institute

11.15 Chancellor:

(1) The Prime Minister shall be the Chancellor of the Institute.
(2) The Chancellor shall chair the convocation of the Institute.

11A.16 Pro-Chancellor:

The Minister for Health or the Minister of State for Health shall be the ProChancellor of the Institute.

11B.17 Appointment of Vice-Chancellor:

15 Amended by the First Amendment.
16 Inserted by the First Amendment.
17 Inserted by the First Amendment.
(1) The Chancellor shall form a committee under the chairpersonship of the Pro-Chancellor and consisting of other Two members in order to make recommendation to make appointment to the post of ViceChancellor of the Institute.
(2) The Vice-Chancellor shall be the whole timer executive chief of the Institute.
(3) The term of office of the Vice-Chancellor shall be Five years and his/her tenure may be re-extended.
(4) The functions, duties and powers of the Vice-Chancellor shall be as prescribed.
(5) Other provisions relating to the remuneration, terms and conditions of service and facilities of the Vice-Chancellor shall be as prescribed.

11C.18 Appointment of Rector, Registrar and Director of the Hospital:

(1) The Pro-Chancellor shall, on recommendation of the ViceChancellor, appoint the Rector, Registrar and Director of the Hospital of the Institute.
(2) The term of office of the Rector, Registrar and Director of the Hospital shall be Five years.
(3) The functions, duties and powers of the Rector, Registrar and Director of the Hospital shall be as prescribed.
(4) Other provisions relating to the remuneration, terms and conditions of service and facilities of the Rector, Registrar and Director of the Hospital shall be as prescribed.

18 Inserted by the First Amendment.

11D.19 Removal from office:

(1) If one fourth of the currently existing members of the Council make an application in writing to the Chancellor that the ViceChancellor, Rector, Registrar and Director of the Hospital of the Institute are failing to perform the duties of their respective posts, the Chancellor shall form an inquiry committee under the chairpersonship of the Pro-Chancellor and consisting of Two members of the Council.
(2) The inquiry committee formed pursuant to Sub-section (1) shall hold necessary inquiries into the matter and submit its report to the Council.
(3) In cases where the report submitted pursuant to Sub-section (2) indicates that the Vice-Chancellor, Rector, Registrar or Director of the Hospital has not performed the responsibilities of his/her post, the Council hold discussions on that matter. If a majority of the total number of members of the Council adopts a resolution to remove him/her from office for his/her such failure to perform the responsibilities of his/her post and the resolution is submitted to the Chancellor, the Chancellor shall remove him/her.
(4) In holding inquiries pursuant to Sub-section (2) by the inquiry committee formed pursuant to Sub-section (1), it shall give a reasonable opportunity to him/her to defend him/herself.

19 Inserted by the First Amendment.

12.20 Provisions relating to appointment, terms and conditions of service and remuneration of teachers and employees of Institute:

(1) The provisions relating to the appointment, terms and conditions of service and remuneration of the teachers and employees of Institute shall be as prescribed.
(2) All the teachers and employees appointed pursuant to Sub-section (1) shall be non-practicing. Explanation:
For purposes of this Sub-section, “non-practicing” means prohibition on carrying on any other kind of private business including any medical practice and private tuition elsewhere with or without consideration of  remuneration, except the official functions of the Institution.

13.21 ………………………

Chapter-5
Fund, accounts and audit of Institute

14. Fund of Institute:

(1) The Institute shall ha ve a separa te fund of its own.
(2) The fund as re ferred to in Sub-section (1) shall c onsist of the follow ing amounts:
(a) Amounts received from the Governme nt of Nepal,
(b) Loa ns, donation, gift, assista nce or grant received from a ny person, organiza tion or government,

20 Amended by the First Amendment.
21 Repealed by the First Amendment.

(c) Amounts re ceived from educationa l fee s a nd service fee s,
(d) Amounts received from any other sources.
(3) In rece iving amounts from a fore ign person, orga niza tion, governme nt or interna tional orga nization, the Institute sha ll obta in approva l of the Gove rnment of Ne pal.
(4) The mone ys of the fund of the Institute sha ll be de posited in a n acc ount opened with a bank.
(5) All the e xpenditures of the Institute sha ll be chargea ble on the fund a s referred to in Sub-se ction (2).
(6) The fund and acc ount of the Institute sha ll be opera ted as prescribe d.

15. Accounts and audit:

(1) The accounts of the income s and expe nditure s of the Institute sha ll be ma inta ine d as pre scribe d. 22
(2) The audit of the income s a nd expenses of the Centre sha ll be performe d by the Office of the Auditor Ge neral or by an auditor designa ted by that De partment. 23

Chapter-6
Miscellaneous

16. Certificates to be granted by the Institute:

Notwithstanding anything contained in the pre vailing law, the Institute may grant bachelor’s, master’s, doctorate degrees and other certificate and degrees on health under this Act.

22 Amended by the First Amendment.
23 Inserted by the First Amendment.

17. Recognition of certificate to be granted by the Institute:

The recognition of the bachelor’s, master’s, doctorate degrees and other certificate and degrees on health to be granted by the Institute under this Act shall be pursuant to the Nepal Medical Council Act, 2020.

18. Annual Report:

The V ice-Chance llor 24 sha ll submit an annual report of Institute to the Council no later than Three months a fter the da te of expira tion of the fiscal year.

19. 25 Delegation of powers:

The Institute may de le gate a ny of the powers c onferred to it under this Ac t or the Rule s frame d under this Ac t to a ny member of the Counc il.

20. To act in consonance with national health and education policies of the Government of N epal:

It shall be the duty of the Institute to act in consonance with nationa l hea lth and education policie s of the Governme nt of Nepal.

20A .26Powers of the Government of Nepal to give necessary direction:

Go vernme nt of Nepal may give necessary direction to the Institute.

24 Amended by the First Amendment.
25 Amended by the First Amendment.
26 Inserted by the First Amendment.
21. Exemptions and facilities to the Institute:

The following things of the Institute shall be exempted from taxes such customs, sales tax,……27:
(a) Construction materials, machineries and equipment imported from abroad for the building and operation of the Institute.
(b) Scholarships and prizes to be provided by the Institute.
(c) Donation, gift, grant and other income received by the Institute and property of the Institute.
(d) Registration of any deeds whatsoever required to be registered.

22. Liaison Ministry:

In ma king c ontac t w ith the Governme nt of Nepa l, the Institute sha ll do so through the Ministry of Hea lth, Governme nt of Nepal.

23. Powers to frame Rules:

The Council may frame necessary Rules for the implementation of the objectives of this Act.

27 Repealed by the Income Tax Act, 2058.

(Source: Nepal Law Commission)

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