Standard and Curriculumn of Specialization Training

Office of the Attorney General Singhadarbar,

Content

Government Attorney’s Specialization Standard, 2075

Syllabus for Specialization Training

1. Constitutional Law

2. Tax and Revenue Law

3. Law's relating to Banking and Commercial offences

4. Law relating to prevent Organized Crime

5. Laws to combat Cyber Crime

6. Gender and Juvenile Justice

7. Laws relating to Protect the and Public Property

8. Laws to prevent Corruption

9. Service related Laws

Government Attorney’s Specialization Standard, 2075

Preamble: Whereas, it is expedient to make provisions, for effective government representation and defense; Government Attorney had to have training of specialization, the Office of Attorney General has laid down this standard.

1. Short Title and Commencement: (1) This Standard may be called as “Government attorney Specialization Standard, 2075”. (2) This Standard shall come into force from 15 Jestha 2074. 2. Definition: In this Standard, unless the subject or the context means otherwise: - (a) “Government Attorney” means the Attorney General, Deputy Attorney General, Joint Attorney, Deputy Attorney, District Attorney, Deputy District Attorney, and the word shall also represent Gazetted officer of Government Attorney groups of Nepal Judicial Service. (b) “Specialized Government Attorney” means the government attorney who has gained a Standard determined special qualification, experience, and knowledge and has listed in section 8 of the standard. (c) “Management Committee” means the management committee of the Office of the Attorney General. (d) “Training provider Authority” means National Judicial Academy, Judicial Service Training Centre, Prosecution Training Centre and other National and Foreign institutions established according to the law which provide training on Law and Justice.

3. Government Attorney to be Specialized: (1) Government Attorney shall be specialized for the effective work performance of the Government Attorney. (2) While specialization of the government attorney according to the sub clause (1) the following specific area shall be considered: (a) Constitutional Law, (b) Organized Crime Prevention Law, (c) Banking and Commercial offence related Law, (d) Tax and Revenue Law, (e) Corruption Prevention Law, (f) Service related Law, (g) Government and Public Property Protection Law, (h) Cyber Crime Prevention Law, (i) Other Subjects as specified time to time by the Management Committee.

4. Qualification and Experience for Specialization: (1) Government Attorney shall have the following qualification, experience, and training for the specialization. a) Postgraduate degree in law from a recognized university, b) Worked as a government attorney for at least 5 years, c) Completion of training for specialization as per the syllabus mention under section 5. (2) Notwithstanding anything contained in sub-clause (1) (b), government attorney having a post-graduate degree in law in the related field of specialization, with three-year experience as government attorney will be qualified for specialization. (3) Notwithstanding anything contained in sub-clause (1) (c), government attorney having Doctorate (Ph.D.) degree along with working experience of three years shall be qualified for specialization in the field of his/her field of doctorate. (4) While nominating participants for the training as per the sub-clause (1) (c) his/her qualification, experience and interest should be considered. (5) Each government attorney shall be eligible for maximum in two subjects for the specialization. 5. Syllabus of Training: (1) For conducting the training to prepare specialized Government Attorney in accordance with clause (4) sub-clause (1) (c) the management committee shall have to approve the syllabus. (2) The structure of syllabus, in accordance with sub-clause (1), shall be as follows: a) Training shall consist of at least 30 sessions, b) The time of each session shall be one and half hour, c) Training shall include the related principles of subject, judicial practice on such subjects and comparative study on the practice of various countries, d) Participants of the training shall prepare to present research article in any field mentioned in the syllabus during the period of training, e) The training shall be conducted only by the qualified trainer as according to the qualification mentioned in sub-section 6. (3) The Office of the Attorney General shall form Syllabus Preparation Committee, for preparing the draft of syllabus, with involvement of expert on related subject 6. Qualification of Trainer: (1) The expert will be a trainer in training for the specialization of the Government Attorney shall have the following qualification: (a) The person who holds or had held the designation of Attorney General or Deputy Attorney General, (b) Professor of the concerned subject of a recognized university, (c) Any person who has obtained a post-graduate in law degree and involved in teaching, research and law practice of the concerned subject for 10 years or more, (d) Any person who has obtained the doctorate in the concerned subject, (e) Any person who has title of senior advocate or advocate for at least fifteen years practicing law in Supreme Court and established as distinguished expert in the concerned subject, (f) Any person who has been listed as a specialized government attorney.

(2) Notwithstanding anything contained in sub-clause (1), a person who is popular enough as a special law expert in related subject can be invited as a trainer.

7. Training conduct: (1) The Attorney General Office shall carry out essential coordination with other training providing institutions to conduct training on approved syllabus by management committee on determined specialization sectors. (2) While conducting the training from the training institutions, the program coordinator will not nominate more junior than the position of participant i.e. government attorney.

8. Evaluation of Training: (1) Evaluation of training shall be done on following grounds: a) 30 marks for attendance, b) 30 marks for participation, c) 10 marks for discipline, d) 40 marks for the research article. (2) While evaluating the training pursuant to sub-clause (1), research article under clause (d) shall be evaluated by the expert committee of three members formed by the management committee and evaluation of other subjects of training shall be carried by the coordinator of the program. (3) As pursuant to the sub-section (1), the participants scoring at least 80 will be awarded the certificate of participation.

9) Approval of list: (1) Among the government attorney’s qualified, on the subject wise basis, according to clause 4, the management committee shall approve and publish the list of specialized government attorneys. (2) Government attorneys listed in the approval list shall commence his/her service as a specialized government attorney in the concerned field. 10. Amendment of Standard: The management committee shall amend the standard as per the necessity.

1. Constitutional Law

Organization of the Curriculum Curriculum Goal: To produce specialized Government Attorneys in Constitutional Law field. Curriculum Objective of the session: Government Attorneys trained according to this curriculum will be: • Aware of fundamental principles of system of governance of the state and federal governance system. • Acquainted with fundamental principles and practices of constitutional law. • Aware about the principles propounded and jurisprudence laid down by courts in constitutional disputes. • Able to properly use and invoke the principles of constitutional law, judicial practices and jurisprudences on behalf of the Government of Nepal in constitutional disputes. Subjects incorporated in the Curriculum The subjects included in the curriculum, prepared to specialize the government attorney by focusing in their professionalism, shall include 40% theoretical and 60% professional and practical aspects in each and every training session. Subjects included in the curriculum 1. Introduction of Governance System 2. Federalism 3. State structure and Separation of Power 4. Interrelationship between Federal, Provincial and Local level 5. Dispute likely to arise between various levels of government 6. Constitutionalism 7. Fundamental Principles of Constitutional Law 8. Major Principles considered in Constitutional interpretations 9. Constitutional Provisions on Citizenship 10. Fundamental 1: Civil and Political Rights 1 11. Fundamental Rights 2: Civil and Political Rights 2 12. Fundamental Rights 3: Right to Justice 13. Fundamental Rights 4: Economic and Social Rights 14. Social Justice and Inclusion 15. Directive Principles and State Policies 16. Judicial Review of Legislation 17. Writ 18. Habeas Corpus 19. Certiorari and Mandamus 20. Quo-warranto and Prohibition 21. Public Interest Litigation (PIL) 22. Electoral system 23. Principles and process of law making 24. Delegated legislation 25. Constitutional Bodies 1 26. Constitutional Bodies 2 27. Head of the State 28. Financial Procedures 29. Powers of Emergency 30. Amendment of the Constitution 31. Constitutional Court and Constitutional Bench 32. Implementation of the orders of the Supreme Court and its impacts 33. Independence of Judiciary 34. Nepalese Constitutional Jurisprudence 35. Provision Regarding Case Withdrawal and Exemption 36. Provisions regarding Attorney General 37. Political Parties and Disputes related to parties 38. Constitutionalization of International Law 39. Constitutional Council and Parliamentary Hearing 40. Constitution Building Process

Session 1 Introduction to System of Governance Objective of the session of session: • Vote of Confidence to the Prime At the end of this session, the Minister and vote of No participants: Confidence • Will be introduced with the • Dissolution of House of existing major governance Representatives and provincial system of in the world. assembly in the Constitution of • Will gain knowledge about Nepal fundamental values of • Judicial perspective in dispute parliamentary system and related to dissolution of practice. parliament • Will be able to analyze the Reference Material principle propounded by the • W.G. Andrews, Constitutions Supreme Court on dispute of and Constitutionalism (3rd ed). dissolution of Parliament. East West Press, New Delhi, Subjects included in this Unit 1968. • Introduction to various • D.D. Basu, Comparative governance systems Constitutional Law. Lexis • Fundamental aspects of Nexis, Butterworths Wadhwa, parliamentary system of Nagpur, 2010. governance • Ram Kumar Dahal, • Comparative study of Constitutional and Political parliamentary and presidential Developments in Nepal. Ratna system of governance Pustak Bhandar, Kathmandu, • Practice of mixed governance 2001. system • Hilaire Barnett, Constitutional • Exercise of executive power in & Administrative Law (11th parliamentary system and the Edition), Cavendish Publishing role of Prime Minister Ltd. London, 2002 • Prime Minister’s • K C Wheare, Modern recommendation for the Constitution. dissolution of parliament in • H.M. Seervai, Constitutional parliamentary system Law of India. • M.P. Jain, Indian Constitutional Law. • Sir Ivor Jennings, Cabinet Sankraman), Bhrikuti Government, Cambridge Academic Publications, University Press, 1959. Kathmandu, 2061. • Sir Ivor Jennings, Parliament, • Hari Prasad Nepal v. PM Girija Cambridge University Press. Prasad Koirala et. al., NKP • Bharat Raj Uprety, and others Golden Jubilee Birth (ed). Constitutional Law of Anniversary Special Issue, Nepal (Nepalko Sambaidhanik 2052 page 88 Kanoon). Freedeal, Kathmandu, • Ravi Raj Bhandari v. PM 1997. Manmohan Adhikari et. al., • Interpretive Commentary of the NKP Golden Jubilee Birth Constitution of Kingdom of Anniversary Special Issue, Nepal, 2047 2052 page 1 • Constituent Assembly, Report • Chitra Bahadur KC v. PM Sher of the Governmental Format Bahadur Deuba et. al. (Writ no. Determination Committee 2066. 3452 of 2059) • Nilambar Acharya, Transition in (Prajatantrama

Session 2 Federalism Objective of the Session: • Practices of federal states (India At the end of this session, participants: and Unites States of America) • Will be familiar about the • The federal governance system, concept and the basis of basis and principles of formation of federalism, federalism adopted by the • Will be introduced about the Constitution of Nepal practice of federalism in Nepal. • Federalism, dispute Subjects included in the Unit transformation and political • Concept of Federalism stability • Theories of Federalism • Federal system of governance • Basis for formation of and management of diversity federalism • Practice / challenges and • Asymmetric and Symmetric opportunity of federalism in federalism Nepal • The outcomes achieved from the • Buddhi Karki, Rohan Idrishina (ed). practice of federalism. The Federalism Debate in Nepal. Reference Materials: UNDP/SPCBN, 2014. • Bishnu Raj Upreti (ed), Peace • Surendra Bhandari, Constitutional Process and Federalism in nepal, Design and Implementation NCCR North South, 2009 Dynamics, Himal Innovative • D.D. Basu, Comparative Federalism. Development and Research, Nagpur: Wadhwa and Company, Kathmandu, 2016. 2008. • Thomas Fleiner, Lidija R. Basta • Michael Burgess, Comparative Fleiner, Constitutional Democracy in Federalism: Theory and Practice. a multicultural and globalised world, London: Routledge, 2008. Springer, 2009. • Daniel J. Elajar, Federalism : An • George Anderson, Federalism: An Overview Introduction, Oxford University Press, • John Loughlin et.al, Routledge 2008. Handbook of Regionalism and • K.C. Wheare, Federal Government Federalism, Routledge, 2014 • Ronald W. Watts, Comparing Federal • Chandra Kanta Gyawali, Prakash A. Constitutions (3rd ed). McGill Raj. Federalism in the World (1st ed), Queen's University Press, London, 2010. 2008. • Chandra Kanta Gyawali, • Constituent Assembly, Report of the Federalisation in Nepal: Challenges State Restructuring Committee, 2066. and Prospects, 2015

Session 3 Organization of State and Distribution of State Powers

Objective of the Session: • Will be introduced about the At the end of this session, the arrangement of Nepalese participants: federalism and the practices of • Will be aware of the other federal states. arrangement of the state Subjects included in the Unit: structure, basis for division of • Fundamental features of unitary power in federalism, and federal system • Principles of distribution of Reference Materials power in federal structure • A.W. Bradley and Keith Ewing (ed). • Residual Power and condition of Wade and Bradley. Constitutional and its uses. Administrative Law. ELBS with • Job enrichment report Longman, UK: 1993. • Uses of State Power in Federal, • Daniel J. Elajar, Federalism : An Provincial and Local level. Overview • The comparative study of uses of • Thomas Fleiner, Lidija R. Basta State Power in Federal Fleiner, Constitutional Democracy in Governance System (Nepal and a multicultural and Globalized India) World, Springer, 2009. • Distribution of State Power in • George Anderson, Federalism: An the Constitution of Nepal and Introduction, Oxford University Press, challenges in its implementation 2008. • Practices of other states that have • K.C. Wheare, Federal Government adopted federal governance • Constituent Assembly, Report of the system (India, United States of State Restructuring Committee, 2066. America, South Africa etc.)

Session 4 Interrelationship between Federation, Province and Local Level Objective of the Session: • Essence of Cooperation, coordination and coexistence At the end of the session, the • Function and Power of Federal participants: Government • Will be introduced about • Function and Power of Constitutional Provision on Provincial Government function and power of federal, • Function and Power of Local provincial and local level Government government and the concurrent lists • Implementation of concurrent and autonomous lists • Will be familiar about foreign federal practices on • Legislative, Judicial and distribution of power. Executive relationship between various levels of government Subjects included in the Unit • Interrelation between Federal • Daniel J. Elajar, Federalism : An and Province Overview • Interrelation between Federal, • Buddhi Karki and Rohan Indrishina Province and Local Level (ed). Participatory Constitution • Interrelation between Federal Making in Nepal: Issues of and Local Level Process and Substance, • Interrelation among the UNDP/SPCBN, 2014. Provinces • Buddhi Karki and Rohan Indrishina • Interrelation between Province (ed). The Federalism Debate in Nepal, and Local level UNDP/SPCBN, 2014. • Interrelation among the Local • Thomas Fleiner, Lidija R. Basta Level Fleiner, Constitutional Democracy in • Coordination Mechanism a multicultural and globalised • Foreign Practices (Contextual) world, Springer, 2009. Reference Materials • George Anderson, Federalism: An • George Anderson, Federalism: An Introduction, Oxford University Press, Introduction. Oxford University Press, 2008. 2008. • M P Jain, Indian Constitutional Law, • D.D. Basu, Comparative Federalism. • K.C. Wheare,Federal Government Wadhwa and Company, Nagpur, • Constituent Assembly, Report of the 2008. State Restructuring Committee, 2066. • Michael Burgess, Comparative • �याम कु मार भ絍टराई, संवैधानिक तथा Federalism: Theory and Practice. प्रशासकीय कािूि (तेस्रो संकरण) सोपाि London: Routledge, 2006. माससक 2076

Session 5 Disputes Likely to Arise between Various Levels of Government Objective of the Session: inter-state trade and the use of At the end of the session, the natural resources. participants: Subjects included in the Unit: • Will be informed about the • Dispute regarding Power and nature of dispute arise during Function. the exercise of function and • Use of natural resources power by various federal units, • Implementation of tax laws • Inter-State Trade • Mahadayi water dispute: Goa, • Inter-State Council and Karnataka + Maharashtra Constitutional responsibility • Vansadhara Water Dispute: Odisha + • Foreign Federal Practices (India, Andhra Pradesh United States of America) • Krishna Water Dispute: Maharashtra, • Federal, Provincial and Local Karnataka, Telangana and Andhra Level Dispute Settlement Pradesh Mechanism in Nepal (Political • Cauvery Water Dispute: Kerala, and Legal Mechanism) Pudecherry, Tamil Nadu and Reference Materials Karnataka - two agreements in 1892 • Michael Burgess, Comparative and 1924 between Madras Presidency Federalism: Theory and Practice. (TN) and Kingdom of Mysore (Kar.) London: Routledge, 2006. • Ravi Beas Dispute: Punjab, Haryana, • Daniel J. Elajar, Federalism : An Rajasthan and Himachal Pradesh. Overview • V. Niranjan, Interstate Trade and • Urshula K. Hicks, Federalism: Commerce: The Doctrine of Failure and Success: A Comparative Propersanality Reffirmed, Indian Study. Macmillan, 1978. Journal of Constitutional Law, 2008 • Loughlin, John et al (ed). Routlegde • Rudra Sharma, Federal Dispute Handbook of Regionalism and Settlement in Nepal, India and USA. Federalism, Routledge, 2013. • Constituent Assembly, Report of the • McCulloch v. Maryland 17 US 316- State Restructuring Committee, 2066. 1819 • Constituent Assembly, Report of the • United States v. Lopez, 514 U.S. 549 Committee on Natural Resources, (1995) Fiscal rights and Distribution of • United States v. Morrison, 529 U.S. Revenue, 2066. 598 (2000) • पदम प्रसाद पा赍डेय, संघीय संरचिामा संघ • Gonzales v. Raich, 545 U.S. 1 (2005) र प्रदेशको स륍बꅍध, सवं ैधानिक कािूि • Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951) स्रोत सामग्री, महाꅍयायाधधव啍ताको • Chemical Waste Management v. Hunt, कायाालय िेपाल 2075 504 U.S. 334 (1992)

Session 6 Constitutionalism Objective of the session: • Stephen M. Griffin, American At the end of the session the Constitutionalism, From theory to participants: Politics, Princeton University Press, • Will be introduced about the New Jersey, 1996. General principles and values of • Surya Prasad Dhungel et al., constitutionalism. Commentary on Nepalese • Will be introduced about Constitution, Delf, Kathmandu, 1998. implementation and • H.M. Seervai, Constitutional Law of adjudication of principle of India Constitutionalism in Nepal and • M.P. Jain, Indian Constitutional Law enable them to defend on such • Norman Redlich et. al, Constitutional disputes. Law, Lexis Nexis, 2009 Subjects included in the Unit: • Constituent Assembly, Concept Paper • Concept and development of and Preliminary Report of constitutionalism Constitutional Committee, 2066. • Basic values and types of • Purnaman Shakya, Constitutionalism constitutionalism in the Context of Good Governance, • neo-constitutionalism and Bases of Democratic Constitution, Modern values of Agrasarathi Adhyayan Anushandhan constitutionalism Kendra, 2065. • Constitutionalism and Nepalese • Nepal Devins & Loais Fishes, Constitutional Development Democratic Constitution, 2nd Edition • Constitution of Nepal and • Vijay Raj Shakya v. Constitutent Constitutionalism Assembly, NKP 2067 vol 9 decision • Comment on adjudication of the number 8457 Constitution of Nepal from the • Rajeev Parajuli v. Royal Commission perspective of constitutionalism on Control of Corruption et. a. writ • Judicial perspective on number 118 of year 2062, order date Constitutionalism 2062/11/1 Reference materials • Om Prakash Aryal v. Lokman Singh • Hilaire Barnett, Constitutional & Karki et. al. NKP 2074 vol 11 Administrative Law (11th Edition) decision no. 9710 • Larry Alexander, Constitutionalism • Shri Krishna Subedi v. Office of the Philosophycal Foundation, Preseident et. al. NKP 2069 vol 12 Cambridge University press, 2001. decision number 8926 • Shri Krishna Subedi v. Office of the number 0976 of year 2069, decision Prime Minister and the Council of date 2072/12/25 Ministers, NKP 2067 vol 10 decision • Balkrishna Neupane v. Vice President number 8480 et. al. NKP 2066 vol 4 Decision • Pravin Kumar Labh v. Constitutional number 8117 Council et. al. (Regarding • Pushpakamal Dahal v. Constitutional appointment as Election Council et. al. NKP 2068 Decision Commissioner) number 8406 • Chandra Kanta Gyawali v. President • Sagar KC v. Office of the Prime of the Council of Ministers, writ Minister and the Council of Ministers, NKP 2070 decision 9300

Session 7 Fundamental Principles of Constitutional Law Objective of the session: • Interrelation between Rule of At the end of the session, the Law and democracy participants: • Orders of the Supreme Court for • will be informed about the maintaining Rule of Law principles of constitutional law • Principle of Separation of Power • Enable them to defend on such and Check and Balance disputes. • Principle of Separation of Power Subjects included in the Unit and Check and Balance in the • Principle of Constitutional Constitution of Nepal Supremacy • Judicial perspective on the • Constitutional Supremacy and principle of Separation of Power Parliamentary Supremacy and Check and Balance • The role of Supreme Court in Reference Materials maintaining Constitutional • A. V. Dicey, An Introduction to the Supremacy Law of the Constitution, (10th ed), • Principle of Rule of Law and ELBS and Macmillan, London, 1960 Dicey’s Concept • Dr. Chandrakanta Gyawali, People's • New Concept on Rule of Law Sovereignty and Constitutionalism, • Lord Bingham’s Eight A.K. Publication, Kathmandu, 2012 Principles of Rule of Law • Principles of Joseph Raz • Joseph Raaz, The Politics of Rule of • Badri Bahadur Karki v. Commission Law, Indian Journal of Constitutional on Investigation of Abuse of Law, 2008 Authority, NKP 2058 vol 5 and 6 • O.P. Gouba, Constitutionalism in a decision number 7001 Changing Society. Gitanjali • Rhishikhesh Shah v. His Majesty’s Publishing House, New Delhi, 1984. Government, NKP 2026 vol 1 • Hilaire Barnett, Constitutional & decision no. 514 Administrative Law, 11th Edition, • Achyut Krishna Kharel v. Home Cavandish Publishing limited, Ministry et. al. NKP 2055 vol 11 London, 2002 decision no. 6624 • H.M. Seervai, Constitutional Law of • Bharatmani Jangam v. Parliamentary India, Secretariat, NKP 2057, vol 9/10 • M.P. Jain, Indian Constitutional Law decision no. 7030 • VJ Tasaposevala, Rule of Law and • Ravi Raj Bhandari v. PM Manmohan Leading of Law Adhikari et. al., NKP Golden Jubilee • M.P. Jain and S.N. Jain, Principles of Birth Anniversary Special Issue, 2052 Administrative Law. Lexis Nexis, page 88 Butterworths Wadhwa, Nagpur, 2008. • Rajeev Parajuli v. Royal Commission • Surya Prasad Dhungel et al., on Control of Corruption et. a. writ Commentary on Nepalese number 118 of year 2062, order date Constitution, Delf, Kathmandu, 1998. 2062/11/1 • S.P. Sathe v. Union of India, AIR • Chandra Kanta Gyawali v. Office of 1982 SC 149 the Prime Minister and Council of • Chandra Mohan v. State of U.P., AIR Ministers et. al. order on the writ 1966 SC 1987 against the order to remove • ADM Jabalpur v. Shiv Kanta Sukla difficulties, NKP 2075 vol 1 page case (Minority opinion by HR 108 Khanna) • Sarvagya Ratna Tuladhar v. National • Constituent Assembly, Concept Paper Panchayat NKP 2035 decision no. and Preliminary Report of 1197 Constitutional Committee, 2066. • Balkrishna Neupane v. Vice President • Constituent Assembly, Report of et. al. NKP 2066 vol 4 decision no. 8117 Restructuring of the State and Distribution of State Power • Puspa Kamal Dahal v. Committee2066. Counstitutional Council et. al. NKP 2068 vol 7 decision no. 8406 • Sanjay Kumar Shah v. Speaker of the • Meera Dhungana v. Office of the House et. al. NKP 2070 vpl. 8 Prime Minister and the COnuncil of decision no. 9040 Ministers et. al. NKP 2073 vol 3 • Tulsi Simkhada v. Secretariat of the decision no. 9551 Constituent Assembly, NKP 2070 vol 1 decision no. 8943

Session 8 Major Principles applicable in constitutional interpretation Objective of the session: • Doctrine of Submission At the end of this session participants, • Doctrine of Pleasure • Will be introduced about the • Doctrine of Judicially manageable conceptual aspects on the discoverable standard applicability of Principles for Reference Materials: constitutional interpretation. • Upendra Baxi, The Indian Supreme • Enable them to defend on such Court and Politics, Eastern Boook disputes on the basis of Judicial Company, 1980 Principles. • Upendra Baxi, Law, Politics and Subjects included in the unit: Constitutional Hegemony: The • Doctrine of colorable legislation Supreme Court, Jurisprudence and • Doctrine of eclipse demoprudence, 2016 • Doctrine of necessity • H.M. Seervai, Constitutional Law of • Doctrine of political question India • Doctrine of acquiescence and latches • M.P. Jain, Indian Constitutional Law • Doctrine of constitutional silence • Dr. J. N. Pandey, Constitutional Law • Doctrine of common right and reason of India, Central Law Agency, 2001 • Doctrine of fraud on the constitution • Bhaikaji v. State of M.P., AIR 1955 • Doctrine of harmonious interpretation SC 781 • Doctrine of implied power and • Deep Chand v. State of U.P., AIR prohibition 1959 SC 648 • Doctrine of pith and substance • Bashesher Nath v. Income Tax • Doctrine of ripeness Commissioner, AIR 1956 SC 269 • Doctrine of severability • Mahendra Lal Jain v. State of U.P., • Doctrine of waiver AIR 1963 SC 1019 • Doctrine of repugnancy • A.K. Gopalan v. State of Madres, • Chitra Bahadur KC v. Prime Minister AIR 1950 SC 27: 1950 SCJ 174 Sher Bahadur Deuba, 2059's writ no. • Ramesh Thappar v. State of Madras, 3542 AIR, 1950 SC 124 • Balkrishna Neupane v. legislative • Baker v. carr, 369 US 186, 1962 parliament et.al, NKP 2068 vol.4 • Radheshyam Adhikari v. Secretariat Decision No 8588 of council of ministers and others, • Indraman Karmacharya v. His NKP 2048 No 12 Decision No. 4430 Majesty's government, NKP 2052 vol. • Dilip Kumar Yadav v. CIAA, N.K.P 1 Decision no 5044 2067 Decision No. 8484 • Pushpakamal Dahal v. constitutional • Gopal Shiwakoti V. Ministry of council et.al, NKP 2067 vol. 7 Finance and others, NKP 2051 Decision no. 8406 Decision No 4895 • Chandrakant Gyawali v. council of • Hariprasad Nepal V. Prime Minister ministers et.al, NKP 2064 vol. 8 , NKP 2052 Decision no. 7875 (Special volume) • Sarkari wakil Digdarshan • Baburam Poudel V. secretariat of (Government Attorneys' Guide) council of ministers, NKP 2051 (Third Edition), Office of Attorney Decision No 4875 General, Nepal. • Rajib Parajuli V. Royal commission • Kamlesh Dwivedi v. council of for corruption control, S. C Bulletin ministers et.al, NKP 2064 vol. 7 Special 2062 Page No 47 Decision no. 8766

Session 9 Constitutional provisions on citizenship Objective of the Session: their designated work At the end of this session participants performance. will: • Be informed about Supreme • Be able to apply the provisions Court perspective on the dispute related to concept of citizenship, related to citizenship. grounds for the acquisition of Subjects included in the unit: citizenship and constitutional • Concept of citizenship and legal provisions related to • International provisions related the Nepalese citizenship during to citizenship • International treaty provisions • Order on Sunil babu Panta's Writ, and state party NKP 2065 vol. 4 Decision No 7958 • Dual citizenship and • Order on Sunil babu Panta's Writ, Statelessness NKP 2074 vol. 9 Decision No 9875 • Citizenship by Descent • Sabina Damai v. Prime Minister and • Citizenship by birth office of council of ministers et.al, • Naturalized citizenship NKP 2066 vol. 2 Decision No. 8557 • Citizenship in the name of • Order on Sajda sapkota's Writ, NKP mother 2073 vol. 7 Decision No. 9627 • Citizenship of Third Gender • Sandesh singh v. District • Termination of citizenship Administration office, Morang et.al, • Foreign practices related to NKP 2074 vol. 7 Decision No. 9841 Citizenship (United Kingdom, • Bipana Basnet v. Prime Minister and United States of America and office of council of ministers et.al, India) NKP 2075 vol. 8 Decision No. 10066 • Citizenship related • Aarika K.C. v. DAO Kathmandu constitutional and legal et.al., NKP 2075, vol 10 Decision no. provisions and their 10113 adjudication • Cases related to citizenship, Forum • Judicial perspective on the for Women, Law and Development. dispute related to citizenship • Constituent Assembly, Report of the Reference Materials: Fundamental Rights and Directive • Surya Prasad Dhungel et al., Principles Committee, 2066 Commentary on Nepalese • Chandrakant Gyawali et. al., Constitution, Delf, Kathmandu, 1998. Citizenship in Nationality, Equality • State of Bihar v. Kumar Amar Singh, and statelessness, 2064 AIR 1955 SC 282

Session 10 Fundamental Rights 1: Civil and political Rights 1 Objective of the Session: • Fundamental rights and duties of At the end of this session participants: citizen • Will be able to apply the Reference materials: concept, developed • Bhimarjun Acharya, Fundamental jurisprudence and judicial Rights in the World Constitutions. perspective of civil and political Pairavi Book rights as fundamental rights in • Gyan Bahadur Basnet, The Crisis for work place. Civil Liberties and Rights. Subjects included in the unit: Gyan Bahadur Basnet, 2008. • Conceptual aspects of fundamental • Dr. Haribansha Tripathi, rights Fundamental Rights and Judicial • Basic features of fundamental rights Review, Pairavi Prakashan, 2002. • Civil and political rights and state's • F.A. Hayak, The Constitution of positive and negative obligation Liberty. Routledge Classics, London, • Development of civil and political 2006. rights • Surya Prasad Dhungel et al., • Right to freedom and limitation, its Commentary on Nepalese basis and reason. Constitution, Delf, Kathmandu, 1998 • Emergency and Suspension of • V.N. Shukla's Constitution of India, Fundamental Rights Eastern Book Company, 2001. • Foreign practices on right to freedom • Justice (Rtd) K S Puttaswamy v. (UK, USA and India) Union of India, 2017 • Representative orders of European • Mohd. Hanif Quareshi v. State of Court of (if possible) Bihar, AIR 1958 SC 713 • Fundamental Rights and new • Vishaka v. State of Rajasthan, AIR dimensions of civil liberty 1997 SC 7488, 752 • Secularism and Religious Freedom • State of West bangal v. Anwar Ali • Right to property and judicial Sarkar, AIR, 1952 SC 75 perspective • Constituent Assembly, Report of the • Right to freedom and judicial Fundamental Rights and Directive perspective Principles Committee, 2066 • Abandonment of Fundamental Rights • Bikash Lakai v. Prime minister and • Paras Mani Bhattarai v. Prime office of council of ministers et.al, minister and office of council of NKP 2070 vol. 10 Decision No 9069 ministers et.al, NKP 2075 vol. 3 • Iman singh Gurung v. Secretariat of Decision No. 9984 council of ministers et.al, NKP 2049 • Rajendra Ghimire v. Prime minister vol. 7 Decision No 4597 and office of council of ministers • Raju Prasad Chapagain v. Secretariat et.al, NKP 2066 vol. 3 Decision No. of council of ministers et.al, NKP 8101 2057 Writ No. 2986 Decision Date • Writ petition filed by Nanda Kumari 2060/5/11 Rawal, NKP 2050 Decision No. 4721 • Yagyamurti Banjade v. Durgadas • Writ petition filed by Madhav Kumar Shrestha et.al, NKP 2027 vol. 1 Basnet (Right relating to land) (2058 Decision No. 547 B.S. Writ No. 2746 Decision date: • Padam bahadur Bhandari v. Ministry 2058/6/4) of defense et.al, NKP 2063 vol. 8 • Writ petition filed by Mithilesh Decision No. 7747 Kumar singh, NKP 2056 Page no. • Rishikesh Shah v. His Majesty's 478. government, NKP 2026 vol. 1 Decision No. 514

Session 11 Fundamental Rights 2: Civil and Political Rights 2 Objective of the Session: • Equality before law and equal At the end of this session participants: protection by law • Will be able to apply the • Positive , substantive concept, developed equality and reservation jurisprudence and judicial • Foreign practices related with right to perspective of civil and political equality (UK, USA and India) rights as fundamental rights • Judicial perspective on right to during work performance. equality Subjects included in the unit: Reference materials: • Right to equality and substantive • Bhimarjun Acharya, Fundamental equality Rights in the World Constitutions, • Limitation on right to equality Pairavi Book, Kathmandu • Right to equality and justiciable classification • Dr. Haribansha Tripathi, • Reena Bajracharya v. Royal Nepal Fundamental Rights and Judicial Airline corporation et.al, (2054 B.S. Review, Pairavi Prakashan, 2002. writ no 2812 Decision date 2057/2/26, • Fisher, Louis. Constitutional Rights: NKP 2057 vol. 5 decision no. 6898 Civil Rights and Civil Liberties. USA: • Sapana Malla Pradhav. Prime McGraw Hill Inc, 1995. minister and office of council of • V.N. Shukla's Constitution of India, ministers et.al, NKP 2053 vol. 2 Eastern Book Company, 2001. Decision no. 6140 • Stone, Richard. Civil Liberties and • Suman Panta v. Department of Human Rights. Oxford University Immigration et.al, (Same sex Press, 2012. marriage and related to entrance • Surya Prasad Dhungel et al., permission) NKP 2074 vol. 12 Commentary on Nepalese decision no. 9921 Constitution, Delf, Kathmandu, 1998 • Sunilbabu Panta v. Prime minister • Brown v. Board of Education of and office of council of ministers, Topeka, 347 U.S. 483 (1954). NKP 2065 vol. 4 Decision no 7958 • Manuka Gandhi v. UoI, AIR 1978 SC • Sagar K.C. v. Education Ministry 597 et.al., NKP 2071 vol. 12 Decision no • Dr. L.M. SINGHVI, Dr. Subhas G C. 9300 Kashyap, P.N. BHATT, Fundamental • Tek Bahadur Raika v. Prime minister Rights and Constitutional and office of council of ministers, Amentments . NKP 2065 vol. 5 Decision no 7961 • Constituent Assembly, Report of the • Premkumari Nepali v. National Fundamental Rights and Directive women commission et.al, NKP 2070 Principles Committee, 2066 vol. 1 Decision no. 8945 • Man Bahadur B.K. v. Ministry of law • Sambhuprasad Sanjel v. Ministry of and justice et.al, NKP 2049 vol. 12 Culture, Tourism and Civil Aviation Decision no. 4670 et.al, NKP 2064 Decision no. 7876 • Meera Dhungana v. Ministry of law • Chandrakant Gyawali v. Prime and justice et.al, NKP 2052 vol. 6 Minister and office of council of Decision no 6013 ministers, NKP 2061 vol. 11 Decision • Writ petition filed by Meera No. 7459 Dhungana, NKP 2064 Decision no. 7854

Session 12 Fundamental Rights 3: Right relating to Justice Objective of the Session: • Husseinara Khatoon v. Home Sec, At the end of this session participants: State of Bihar, • Will be introduced about the • Ram Bahadur Hamal v. Department conceptual aspects of right of prison management and others, relating to justice. (Fair hearing), NKP 2067 vol. 4 • Will be Able to defend cases, on Decision no. 8345 the basis of foreign practices • Balkrishna KC v. District police and judicial perspective, in office, Dailekh, (Principle of double disputes of right relating to jeopardy), NKP 2067 vol. 9 Decision justice. no. 8459 Subjects included in the unit: • Yagyamurti Banjade v. Durgadas • Arrest Warrant. Shrestha et.al, (consultation with • No punishment beyond the law, lawyer) NKP 2027 vol. 1 Decision • Legal counseling with lawyers No. 547 • Present before adjudicating authority • Chandra Bahadur Nepali v. His within 24 hours of the arrest Majesty’s Government (self- • Right against self-incrimination incrimination) NKP 2051 vol. 9 • Principle of double jeopardy decision no. 4968 • Legal assistance • Government of Nepal on behalf of • Fair trial Charimaya Tamang v. Uttam Lama Reference Materials: (Retrospective effect), NKP 2061 vol. • Bharat Raj Upreti et.al, 9 Decision no. 7432 Constitutional law of Nepal (Nepal • Order issued in the writ petition filed ko Sambvaidhanik Kanoon) (Second by Lilamani Poudel, (Legal aid) NKP birth), Freedeal, 2054 2060 vol. 5/6 decision no. 7214 • Surya Prasad Dhungel et al., • Gobind Bahadur Batala v. Prime Commentary on Nepalese minister and office of council of Constitution, Delf, Kathmandu, 1998. ministers et.al, NKP 2068 vol. 6 Decision no. 8638 (Fair trial and principle of double jeopardy)

Session 13 Fundamental Rights 4: Economic and Social rights Objective of the Session: • V.N. Shukla's Constitution of India, At the end of this session participants: Eastern Book Company, 2001. • Will be able to adopt the concept, • Surendra Bhandari, Constitutional developed jurisprudence and Design and Implementation judicial perspective of economic Dynamics, Himal Innovative and social rights as fundamental Development and Research, rights during work performance. Kathmandu, 2016. Subjects included in the unit: • Surya Prasad Dhungel et al., • Economic and social rights Commentary on Nepalese • Positive rights and obligation of the Constitution, Delf, Kathmandu, 1998. state • DAV Collage v. State of Panjab AIR • Socio-economic rights as 1971 SC 1737 fundamental rights • TMA Pai Foundation v. State of • Directive principles and policies of Karnataaka (2002) 8SCC 481 the state and socio-economic rights • Constituent Assembly, Report of the • Relationship between civil and Fundamental Rights and Directive political rights & economic and Principles Committee, 2066. social rights. • Sushil Raj Pyakurel v. Secretariat of • Socio-economic rights in present the council of ministers et.al, 2050 constitution of Nepal and its B.S. Writ no. 0302 Decision Date implementation. 2054/4/10 Reference Materials: • Order issued in the right relating to • Bhimarjun Acharya, Fundamental food, NKP 2074 vol. 9 Decision no. Rights in the World Constitutions. 9876, Pairavi Book • Writ petition filed by Bajjudin Miya, • D.D. Basu, Comparative NKP 2066 vol. 6 Decision no. 8169 Constitutional Law. Lexis Nexis, • Writ Petition filed by Prakash Mani Butterworths Wadhwa, Nagpur, 2010. Sharma, NKP 2065 Decision No. • David M.O. Brien, Constitutional 7954 Law and Politics - 2. WW Norton and • Prakash Mani Sharma v. Prime Company, New York, 2005. Minister and office of council of • Dr. Haribansha Tripathi, ministers et.al, NKP 2068 vol. 1 Fundamental Rights and Judicial Decision no. 8540 Review, Pairavi Prakashan, 2002. • Order issued in the writ by Amrita council of ministers et.al, NKP 2074 Thapa (Implementation of vol. 9 Decision no. 8967 (Food fundamental rights) Sovereignty) • Pradhosh Chhetri v. Secretariat of • Tejman Shrestha v. Secretariat of council of ministers et.al, NKP 2061 parliament et.al, NKP 2068, SC vol. 7 Decision no. 7412 Bulletin 2072 Ashad 1 • Raju Prasad chapagain v. Prime • Dumare Kami v. Prime minister and minister and office of council of office of council of ministers et.al, ministers et.al, NKP 2074 vol. 4 Decision date: 2074/12/14 (Free Decision no. 9790 labour related) • Bhupendra Bahadur Tamang Theeng v. Prime minister and office of

Session 14 Social Justice and Inclusion Objective of the Session: • Challenges in practice of inclusion At the end of this session the • Judicial perspective on practice of participants: inclusion • Will be able to comment on the Reference Materials: application of Nepalese legal • Surendra Bhandari, Constitutional provisions on social justice, Design and Implementation inclusion and inclusiveness. Dynamics, Himal Innovative Subject included in this unit: Development and Research, • Social justice as Neo- Kathmandu, 2016. constitutionalism • Takis Fotopoulos, Towards an • Conceptual aspects of social justice Inclusive Democracy: The Crisis of • State's guardianship towards weak the Growth Economy and the Need and marginalized community for a New Liberatory Project, • Social Justice and Social Security Bloomsbury Publishing, 1997. • Concept of Inclusion • Mandal Commission Case, AIR 1993 • Diversity Management and Pluralism SC 477 • Constitutional and legal provisions • Davendra vs UoI, AIR 1965 SC for the promotion of inclusiveness 1430 • Positive effects from the implementation of inclusion • Constituent Assembly, Report of the • Order issued in the writ by Prakash Fundamental Rights and Directive Chandra Dhimal, NKP 2067 vol. 8 Principles Committee, 2066 Decision no. 8432 • Mohan Mainali, Inclusive • Writ Petition filed by Chandrakant Democracy Gyawali, NKP 2063 Decision no. • Order issued in the writ by Radhika 7643 Giri, NKP 2067 vol. 12 Decision no. • Writ Petition filed by Rupak Dhakal, 8527 NKP 2063 Decision no. 7678

Session 15 Directive principles and state policies Objective of this unit: • Implementation of the directive At the end of the session participants: principles and state policies • Will be able to use the Directive Reference Materials: principles and state policies, its • Shailja Chander, V. R. Krishna Iyer, relationship with fundamental Justice V.R. Krishna Iyer on rights and judicial perspective in Fundamental Rights and Directive the course of performance of their Principles,Deep & Deep Publishing designated work. Company, 1992. Subjects included in this unit: • Surya Prasad Dhungel et al., • Conceptual aspects Commentary on Nepalese • Fundamental Features of directive Constitution, Delf, Kathmandu, 1998. principles and state policies • V.N. Shukla's Constitution of India, • Relationship, Similarity and Eastern Book Company, 2001. Difference between fundamental • Constituent Assembly, Report of the rights & directive principles and state Fundamental Rights and Directive policies Principles Committee, 2066 • Principle of harmonious construction • Writ Petition filed by Yogi Narahari of constitution Nath, NKP 2053 vol. 1 Decision no. • Directive principles of state and 6127 judicial review • Surya Dhungel v. Godawari Marble, • Judicial perspective on directive NKP 2052 (Golden Jubilee special principles and state policies volume ), NKP 2054 • Writ Petition filed by Prakash Mani • Madhav Kumar Basnet, Directive Sharma, NKP 2054 vol. 6 Decision Principles and Policies of the State, no. 6391 Agrasarathi Study and Research Center, Kathmandu, 2065

Session 16 Judicial Review Objective of this unit: • Bhimarjun Acharya, Comparative At the end of this session participants: System of Judicial Review, A.K. • Will be informed about the Books and Educational Enterprises Principles of judicial review and the Pvt. Ltd., Kathmandu, 2012. interpretations of Supreme Court • Surya Prasad Dhungel et al., and will be able to apply those Commentary on Nepalese subjects in their designated work Constitution, Delf, Kathmandu, 1998. performance. • De Smith's Judicial Review, Sweet & Subjects included in this unit: Maxwell, 2013. • Judicial review on Constitutional • H.M. Seervai, Constitutional Law of supremacy and parliamentary India supremacy • M.P. Jain, Indian Constitutional Law • Doctrine of Ultra vires/Intra vires in • C K Jha, Judicial Review of constitutionality test of legislations Legislation, • Other principles of judicial review • Anirudh Prasad, Chandra Sen Pratap • Major models of judicial review Singh, Judicial Power and Judicial • Constitutional provisions regarding Review: An Analysis of the Supreme constitutionality test of law Court in Action, Eastern Book • Foreign practices (India, United Company, 2012. Kingdom and United States of • Marbury vs Madison 5 U.S. (1 America) Cranch) 1803 • Theories applied in the test of • Sylvia Snowiss, Judical Review and constitutionality the Law of the Constitution. Yale • Applicant's responsibility in University Press, Delhi, 1996. constitutionality test • Soli J. Sorabjee, Gopalan to • Theories propounded by Supreme Golakhnath and beyond : A Tribute to Court and judicial perspective M K Nambyar, Indian Journal of Reference Materials: Constitutional Law, 2007 • Dr. Hari Bansha Tripathi, • Order issued in the writ petition filed Fundamental Rights and Judicial by Bhimshen Pokhrel, NKP 2070 Review in Nepal, Prakashan, Decision no. 8940 Kathmandu, Pairavi 2002. • Writ petition filed by Rajib Bastola, • Rabindra NAth Bose v. UoI, AIR NKP 2063 vol. 6 Decision no. 7709 1970 SC 470 • Writ petition filed by Somkant • Constituent Assembly, Report of the Mainali, NKP 2063 vol. 4 Decision Judicial System Committee, 2066 no. 7676 • Research based study of the law • Writ petition filed by Rabindra declared void and repealed by the Shrestha, NKP 2073 Decision no. Supreme Court, Ministry of Law, 9538 Justice and Parliamentary affairs, 2069

Session 17 Writ Objective of the Session: • Limitations of Writ (Expressed At the end of this session participants: limitation and latent limitation) • Will be aware about the concept of • Writ against judiciary writ, its theories and its application • Difference between pleading in Writ in Nepal and while defend on writ and litigious case petitions they will be able to apply • Remedy against Writ and Nepalese these concept and principles. practice Subjects included in this unit: Reference Materials: • Conceptual aspect of Writ • B.P. Banerjee, Writ Remedies. • Alternative remedy and writ Haryana: Lexis Nexis, 2015. • Ground for issuance of interim order • Shashi Adhikary Raut, Judicial • Interim order and Interlocutory order Activism. Legal Aid and Consultancy and their remedy Centre, Lalitpur, 2013. • Principles applied in Writ • Surya Prasad Dhungel et al., • Writ Jurisdiction of Supreme Court Commentary on Nepalese and High Court Constitution, Delf, Kathmandu, 1998. • Dual Writ in equivalent subjects and • V.G. Ramachandran's Law of Writs, its relevancy Eastern Book Company, 2006. • Constituent Assembly, Justice system • Ramdev Yadav v. Prime minister and committee's report, 2066 office of council of ministers et.al, • Special volume of Nyay Chautari, NKP 2068 Decision no 8665 Writ, Judges society Nepal, 2069 • Shree Prasad Upadhyaya v. Kartik Secretariat of council of ministers • Bisheshwor Prasad koirala v. Nepal et.al, NKP 2055 vol. 8 Decision no. Government, NKP 2016 vol. 8 7925 (Writ against announcement of Decision no. 56 House of Representative) • Annapurna Rana v. Kathmandu • Madhurdas Pradhan v, Land Revenue District Court, NKP 2055 vol. 8 office, Lalitpur, S.C Bulletin 2066 Decision no, 6588 Full volume 405

Session 18 Habeas Corpus Objective of the session: • Preventive detention and Habeas At the end of this session participants: corpus • Will be able to apply; the • Judicial perspectives presented in the development of Habeas Corpus writ, writ of Habeas corpus by Supreme grounds of its issuance, its scope Court and judicial verdict propounded by Reference Materials: the Nepalese Supreme court; in • B.P. Banerjee, Writ Remedies. their work area. Haryana: Lexis Nexis, 2015. Subjects included in this unit: • Bhimarjun Acharya, Comparative • Concept of personal liberty System of Judicial Review, A.K. • Legal detention and illegal detention Books and Educational Enterprises • Development of writ of Habeas Pvt. Ltd., Kathmandu, 2012. corpus • R. Chakraborty, (ed). Prem's Habeas • Issues considered while testing Corpus: Fundamental Rights and legitimacy of detention Other Writs, Ashoka Law House, • Grounds for the issuance of order of New Delhi, 2006. Habeas corpus • V.G. Ramachandran's Law of Writs, • Emergency period and Habeas corpus Eastern Book Company, 2006. • Surya Prasad Dhungel et al., • Writ by Ambar Bahadur Gurung, Commentary on Nepalese NKP 2049 vol. 1 Decision no. 4450 Constitution, Delf, Kathmandu, 1998. • Writ Petition filed by kanakmani • ADM Jabalpur v. Shiv Kant Shukla, Dixit, Writ Petition filed by AIR 1976 SC 1276 Chudamani Sharma • Sunil Batra v. Delhi Administration • Writ Petition filed by C.K Raut, NKP (1980) 3 SCC 488, AIR 1980 SC 2071 vol. 8 Decision no. 9229 1579 • Writ petition filed by Rajib Parajuli, • Special volume of Nyay Chautari S.C. Bulletin Special volume 2062 Writ, Judges society Nepal, 2069 Page no 47 Kartik • Writ petition filed by Ramesh Nath • Yagya Murti Banjade v. Durgadas Pandey, NKP 2063 No 2 Decision no. Shrestha et.al, NKP 2027 vol. 1 7645 Decision no. 547 • Sewa Ram and others v. Eastern • Writ Petition filed by Iman singh regional administration office et.al, Gurung, NKP 2049 vol. 7 Decision NKP 2070 vol. 3 Decision no. 8976 no. 4597

Session 19 Certiorari and Mandamus Objective of the session: • Legal, fair and reasonable decisions At the end of this session, participants: and judicial examination • Will be able to apply; the nature of • Introduction of mandamus certiorari and writ of mandamus, • Conditions for issuance and non- their development, scope and issuance of mandamus grounds, and judicial perspective of • The difference between certiorari and the Supreme Court of Nepal; in mandamus, as well their grounds performance of their designated • Perspective of the Supreme Court work. Subjects included in the Unit: Reference Materials: • Judicial Test of Executive Function • B.P. Banerjee, Writ Remedies. • Introduction of Certiorari Haryana: Lexis Nexis, 2015. • Grounds for issuance and non- • Bhimarjun Acharya, Comparative issuance of certiorari System of Judicial Review, A.K. Books and Educational Enterprises • Dr. Hari Bansha Tripathi, Pvt. Ltd., Kathmandu, 2012. Fundamental Rights and Judicial • Shashi Adhikary Raut, Judicial Review in Nepal. Kathmandu: Activism. Lalitpur: Legal Aid and Pairavi Prakashan, 2002. Consultancy Centre, 2013. • Special volume of Nyay Chautari, • V.G. Ramachandran's Law of Writs, Writ, Judges society Nepal, 2069 Eastern Book Company, 2006. Kartik • Surya Prasad Dhungel et al., • Prabhu Krishna Koirala v. Prime Commentary on Nepalese Minister and Office of Council of Constitution, Delf, Kathmandu, 1998. Ministers and others , NKP 2069 Decision Number 8420

Session 20 Quo-Warranto and Prohibition Objective of the session: • Judicial Perspective of Supreme At the end of this session, participants: Court on Prohibition and Injunction. • Will be able to apply; the nature of Reference Materials: quo-warranto and writ of • B.P. Banerjee, Writ Remedies. prohibition, their development, Haryana: Lexis Nexis, 2015. scope and grounds, and judicial • Bhimarjun Acharya, Comparative perspective of the Supreme Court System of Judicial Review, A.K. of Nepal; in performance of their Books and Educational Enterprises designated work. Pvt. Ltd., Kathmandu, 2012 . Subjects included in the Unit: • Surya Prasad Dhungel et al., • Concept of Quo-warranto Commentary on Nepalese • Grounds for issuance and non- Constitution, Delf, Kathmandu, 1998. issuance of quo-warranto • V.G.Ramachandran's Law of Writs, • Concept of Prohibition Eastern Book Company, 2006. • Grounds for issuance and non- • P.L. Lakhanpal v. A. N. Ray, Chief issuance of prohibition Justice of India, AIR 1975 Del 66 • Grounds for issuance of injunction • Special volume of Nyay Chautari, • Difference between prohibition and Writ, Judges society Nepal, 2069 injunction Kartik • Om Prakash Aryal v. Lok Man Singh Decision Number 9710 Karki and others, NKP 2074 vol. 11

Session 21 Public Interest Litigation Objective of the session: Reference Materials: At the end of the session, participants • Anuj Bhuwania, Courting the will be acquainted with: People : Public Interest Litigation in • The concept of public interest Post Emergency India, Cambridge litigation, role played by the court University Press, 2017. in its development and scope of it. • Shashi Adhikary Raut, Judicial • The judicial perspective developed Activism. Legal Aid and Consultancy regarding public interest litigation Centre, Lalitpur, 2013. and foreign practices. • V.G. Ramachandran's Law of Writs, Subjects included in the Unit: Eastern Book Company, 2006. • Concept of the public interest • Sangeeta Ahuja, People, Law and litigation Justice • Areas of public interest • K L Bhatia, Judicial Review and • The question of locus standi in Judicial Activisim, Deep And Deep public interest litigation Publications, New Delhi, 1997 • Applicant’s obligation in public • S P Sathe, Judicial Activism in India interest litigation • Dr. Hari Bansha Tripathi, Public • Class Interest Litigation, Social Interest Litegation, NJA Law Journal Action Litigation • Special volume of Nyay Chautari, • Politics of Public Interest Litigation Writ, Judges society Nepal, 2069 • Judicial activism and self-restraint Kartik • Role of a government attorney in • Writ petition of Radhe Shyam defending on public interest Adhikari , NKP 2048 vol. 12 decision litigation Number 4430 • Foreign Practices regarding public • Writ petition of Bhimsen Pokhreal, interest litigation (Britain, United NKP 2070 vol. 1 Decision Number States of America and India) 8940 • Comment on respective orders of • Writ petition of Bishnu Prasad judiciary on dispute of Public Pandey , NKP 2053 vol. 3 Decision Interest Litigation Number 6159 • Writ petition of Achyut Prasad • Jit Kumari Pagyani v. Prime Minster Kharel (liability of the applicant) and Council of Minister and others, • Writ petition of Bal Krishna Naupane NKP 2065 Decision Number 6973 (Tanakpur) • Dhananajaya Khanal v. Prime • Tulsi Sinkhada v. Prime Minster and Minister and Council of Ministers Council of Minister and others, NKP and others, NKP 2063 Decision 2074 Vol. 3, Decision Number 9788 Number 7727

Session 22 Electoral System Objective of the session: • Perspective of the Supreme Court in At the end of the session, participants: election related disputes • Will be introduced about the • Practices of other foreign countries electoral system of Nepal, regarding election importance of election in Reference Materials: democracy, role and responsibility • The format of the electoral of the Election Commission and the system, International Idea principles propounded by the • Birendra Kumar Mishra, Supreme Court in electoral disputes. Electoral System Subjects included in the Unit: • Constituent Assembly, Report of • Electoral system in democratic the Committee on Determining practice the Form of the Legislative • Fundamental principles of Election Organ • Introduction, merits and demerits of • Writ Petition by ChandraKanta First Past the Post electoral system Gyawali ( related to Local Level • Introduction, merits and demerits of Election) Proportional electoral system • The precedents of Constituent • Introduction, merits and demerits of Assembly Court 2065 and 2071, Single Transferable Vote electoral Supreme Court system • Bikash Lakai v. Office of the • Democracy and fair election Prime Minister and Council of • Responsibilities of Election Ministers and others, NKP2070 Commission vol 10 Decision Number 9069 • Writ Petition by Mihir Kumar • Chandra Kanta Gwyali v. Thakur (regarding Good Government of Nepal, NKP Governance in Election 2074 , vol 7 Commission) • Chandra Kanta Gyawali, • Chandra Kanta Gwayali v. Electoral System and Federal Government of Nepal, NKP System of Governance in the 2074, vol 2 (Regarding Local World Level Election)

Session 23 Law-making principles and law-making processes Objective of the session: • Responsibility of federal, At the end of the session, participants: provincial and local level in • Will be introduced with the making of laws fundamental principles of • Judicial perspective lawmaking, law drafting, Reference Materials: responsibilities of federal units in • Mohan Banjade, Legislative law making under federalism and Process,Nepalese Constitutional judicial perspectives and can be Law, Fedrel, 2054 apply them in performance of their • The Conceptual Aspects of Law designated work. Making, Nepal Law Subjects Included in the Unit: Commission • Basis of lawmaking • Law Formulation Directives, • Process of laws drafting Nepal Law Commission • Legislative process • Constitution of Nepal Part 9 and • Fundamentals principles of laws 15 drafting • Local Governance Operations • The basic steps in the process of Act, 2074 laws drafting • Chapters on Legislative Process • Kelsen’s principle and in the Rules of the Parliament categorization of laws • Shyam Krishna Maske v. Prime • Legislative wisdom and judicial Ministers and Council of review Ministers, NKP 2068 vol 4 Decision Number 8589 • A Study of Laws Declared Void by the Supreme Court, Ministry of Law, Justice and Parliamentary Affairs • Status of Implementation of Directive Orders issued by the Supreme Court, National Judicial Academy, Nepal

Session 24 Delegated Legislation Objective of the session: • Ordinance - fundamental At the end of the session, participants: legislation or delegated? • Will be acquainted with the concepts and principles of Reference Materials: delegated legislation, its limitations, • N.M. Tripathi, Delegated legislation Nepalese practice and judicial in India, Indian Law Institute, 1964. perspectives and can be apply them • P. Sheshadri, Parliamentary control in performance of their designated over delegated legislation (with work. special reference to U.K and India), Subjects included in the Unit: Printed by the Director, Dept. of • The concept of delegated Publications & Press, Osmania legislation University, 1974. • The principles of delegated • Wade and Forsyth, Administrative legislation Law, • Legislative control over • C.K. Takwani, Lectures on delegated legislation Administrative Law, Eastern Book • Judicial control over delegated Company, 2010 legislation • S.P. Sathe, Administrative Law • Nepalese practice on delegated • Madhav Kumar Basnet, NKP 2063 legislation (along with vol 2 Decision Number 7646 Challenges and Problems) • Writ petition by Binod Dhungel, • Principles propounded by the NKP 2063 vol 3 Decision Number Supreme Court regarding 7660 delegated legislation. • Puspa Neupane v. Legislative • Krishna Prasad Sapkota v. Office of Parliament and others , NKP2067 vol the Prime Minister and Council of 10 Decision Number 8471 Ministers et.al., NKP 2066 vol 11 • Nagendra Prasad Koirala v. Public Decision Number 8259 Service Commission et.al., NKP 2068 vol 3 Decision Number 8570

Session 25 Constitutional Bodies-1 Objective of the session: d) Auditor General At the end of the session, participants; Reference Materials: • Will be aware of the constitutional • Constituent Assembly, Report of organs established by the the Committee on Determining the Constitution of Nepal and their Structure of Constitutional Bodies. scope and role. • Tika Ram Acharya, Public Management Resource Materials

Regarding Constitutional Body, Subjects included in the Unit: 2065 • The grounds for the establishment • Badri Bahadur Karki v. CIAA, of constitutional bodies NKP 2058, vol 5,6 Decision • The fundamental characteristics of Number 70001 constitutional bodies • Indira Dhakal v. Public Service • Relationship between Commission NKP 2070, vol 4 constitutional bodies and executive Decision Number 8992 • Relationship between • Om Prakash Aryal v. constitutional bodies and Constitutional Council, (Lok Man legislation & parliamentary Singh Karki) committee. • Sunil Ranjan Singh v. Election • The provision and role of the Commission (Election Rules) constitutional body in Nepalese • Surya Towako v. Auditor General Constitutional development (Audit) a) Commission for Investigation • Annual Report of respective of Abuse of Authority Constitutional Bodies b) Election Commission c) Public Service Commission

Session 26 Constitutional Bodies-2 Objective of the session: bodies and court perspective on At the end of the session, participants: such. • Will be aware of the constitutional Reference Materials: organs established by the • Constituent Assembly, Report of Constitution of Nepal and their the Committee on Determining working areas and role. the Structure of the Subjects included in the Unit: Constitutional Body 2066 • The constitutional bodies and • Constituent Assembly, Report of their jurisdictional scope as the Committee on Natural established by the Constitution Resources, Economic Rights of Nepal. and Revenue Distribution,2066 a) National Human Right • The Paris Principles Relating to Commission the Status of National b) National Natural Resources Institutions 1993 and Fiscal Commission • Om Prakash Aryal v. National c) Other Commissions (Women, Human Right Commission, Dalit, Inclusion, Indigenous, NKP 2070 vol 1 Tribal, Madhesi, Muslim, • Order on the Writ Petition by Tharu commission etc.) Bhojraj Aire, NKP 2056, vol 6 • The disputes on functions and Decision Number 6745 action of the constitutional • Annual Report of respective Constitutional Bodies.

Session 27 Head of the Nation Objective of the session: At the end of the session, participants: and the head of the state and • Will be acquainted with the relevant judicial perspectives. difference between the Executive Subjects included in the Unit: and Constitutional Head of the • Executive and Constitutional State, Constitutional provisions Head of the State regarding Head of the State, • The role of the Constitutional Relationship between government Head of the State • The responsibilities entrusted to • Shree Krishna Subedi v. Office the President by the Constitution of the President, NKP 2069, vol of Nepal 12 Decision Number 8926 • Relationship between the • Chandra Kanta Gawyali v. Constitutional President and the Office of the President, NKP Council of Ministers 2075, vol 1 Decision Number • Judicial perspectives on 0007 Constitutional Presidents' • Hari Prasad Nepal v. PM Girija function of other countries Prasad Koirala et. al., NKP • Judicial review on the functions Golden Jubilee Birth of the Head of the State Anniversary Special Issue, 2052 • Orders issued by the Supreme page 88 Court regarding the Commander • Ravi Raj Bhandari v. PM General Manmohan Adhikari et. al., • Order to remove difficulties and NKP Golden Jubilee Birth Judicial perspective Anniversary Special Issue, 2052 Reference Materials: page 1 • David Brien, Constitutional Law • Chitra Bahadur K.C v. Prime and Politics, Vol. 1. New York: Minister Sher Bahadur Dewa WW Norton and Company, and others, Writ Number 3542 2005. of the year 2059.

Session 28 Financial Procedure Objective of the session: • Inter-governmental financial At the end of this session, participants: management • Will be acquainted with financial • Distribution of resources procedures in federal system, • Financial procedure of federal, budget making process and provincial and local levels methods of distribution of resources • Taxing power (federal, and provisions made by the provincial and local level) constitution. • Fiscal equalization Subjects Included in the Unit: • Right to take loan • Constitutional provision • Process of approaching foreign regarding financial procedure assistance • Process of budget making • Principles propounded by the • Kamlesh Dvivedi v. Mistry of Supreme Court regarding Finance and others, NKP 2067 revenue and taxation vol 9 decision no. 8452 • Judicial Review on financial • Surya Tobacco v. Office of the laws and ordinances Auditor General and others Reference Materials: • Ministry of Finance v. K.T.R. • Constituent Assembly, Report of Nambiyar, NKP 2066, Vol. 9 the Committee on Natural decision no. 8214 Resource, Economic Rights and • Kashiram Gurung v. Office of Revenue Distribution. the Prime Minister and Council • Man Bahadur Sunar v. Tax of Ministers et.al.,NKP 2069, Office Mahendranagar, NKP Vol. 4 decision no. 8814 2058 vol 3,4 decision no. 6984

Session 29 Emergency Power Objective of the session: • Practices of foreign countries At the end of the session, participants: regarding judicial review on • Will be acquainted with the emergency constitutional provisions relating to • Orders issued by Nepalese use of emergency power, effects on judiciary regarding emergency fundamental rights and bases of its situation application and its limits to control. Reference Materials Subjects Included in the Unit: • O.P. Gouba, Constitutionalism in a • Conditions for the use of Changing Society. New Delhi: Emergency Power Gitanjali Publishing House, 1984. • Applicability of fundamental right • J.C. Johary, Comparative Politics. in emergency New Delhi: Sterling Publishing Pvt. • Emergency and preventive Ltd., 1980. detention • Surya Prasad Dhungel et al., • Limitation to freedom during Commentary on Nepalese Constitution, emergency and compensation Delf, Kathmandu, 1998. • Derogable and Non-derogable • Constituent Assembly, Report of Rights Constitutional Committee, 2066 • Constituent Assembly, Report of • Writ of Madan K.C (Decision date: Fundamental Rights and Directive 2058/8/14) Principles Commitee • ADM Jabalpur v. Shiv Kanta Shukla, • Writ of Dambar Singh Gadal AIR 1975 (Hearing of old writ during the time of emergency situation)

Session 30 Amendment of Constitution Objective of the session: • Surya Prasad Dhungel et al., At the end of this session, participants: Commentary on Nepalese Constitution, • Will be aware about the basic Delf, Kathmandu, 1998. principles of the constitutional • Bharat Raj Uprety and others (ed), amendment, practices developed by Constitutional Law of Nepal. Freedeal, Indian Judiciary and decisions Kathmandu, 1997. made by the Supreme Court of • Constituent Assembly, Concept Note Nepal regarding amendment of the and Report Regarding Preliminary constitution. Draft of Constitutional Committee, Subjects Included in the Unit: 2066 • Basic Structure Doctrine • Keshavananda Bharati v. State of • Rights regarding constitution making Kerala, AIR 1975 SC 1961 (1973) 4 and amendment SCC 225 • Interpretation of the Indian Judiciary • Indira Neharu Gandhi v. Raj Narayan, regarding the basic structure of AIR, 1975, SC 2299 Constitution • Minerva Mills v. Union of • Judicial Review of constitutional India,(1980) 3 SCC 625 amendments • Decision in writ petition by Achyut • Commentary of the decisions of the Prasad Kharel (first and third supreme court of Nepal regarding amendment thereof) writ petitions on amendment of the • Decision in writ petition by Bijaya Interim Constitution of Nepal Raj Shakhya, NKP 2067 vol. 9 Reference Materials Decision No: 8457 • D.D. Basu, Comparative • Decision in writ petition by Constitutional Law. Nagpur: Lexis Subodhman Napit, NKP 2067 vol. 6, Nexis, Butterworths Wadhwa, 2010. Decision N0. 8385 • Decision in writ petition by • Decision in writ petition by Balkrishna Neupane Bharatmani Jangam, NKP 2066 Page 562

Session 31 Constitutional Court and Constitutional Bench Objective of the session: • Kashiraj Dahal, Constitutional At the end of this session, participants: Democracy: Constitution Making, • Will be able to discuss about the Practices and Experience foreign practices of constitutional • Constituent Assembly, Report of the court and constitutional bench and Committee on Judicial System, 2066 role played by such court regarding • Chandra Kant Gyawali v. Council of the interpretation of the constitution Minister et al, NKP 2075 vol. 1, and dissolution of the federal Constitutional Bench Part, Decision dispute. No. 0007 Subjects Included in the Unit: • Decision on writ petititon by Amrit • Structure and procedure of Prasad Shrestha, NKP 2075, vol. 1 foreign country having Constitutional Bench Part constitutional court • Decision on writ petititon by Sabitri • Practice of other states having Shrestha, NKP 2075 vol. 1 Constitutional Court Constitutional Bench Part, Decision • Formation and Jurisdiction of No. 0002 Constitutional Court • Decision on writ petititon by Prakash • Procedures regarding operation of Mani Sharma, NKP 2075 vol. 1 Constitutional Bench Constitutional Bench Part, Decision • Differences between the working No. 0003 procedure of general benches and • Decision on writ petititon by Madhav constitutional bench Kumar Basnet, NKP 2075 vol. 1 • Representative order/decisions of Constitutional Bench Part, Decision constitutional bench No. 0004 Reference Materials:

Session 32 Execution of Order of Supreme Court and its Impacts Objective of the Session: • Will be aware about the At the end of this session, participants: implementation of important order of the Supreme Court and its • Investigative Study relating to impacts. Status of Implementation of Subjects Included in the Unit: Directive Orders issued by the • Impact on law making Supreme Court, National Judicial • Protection of individual freedom Academy, Nepal • Execution of Fundamental Right • Decision on writ petition Meera • Socio-economic Transformation Dhungana v. Prime Minister and • Transitional Justice Council of Ministers et al • Establishment of Rule of Law • Decision on the writ petition by • Attempt to keep within Rajendra Prasad Dhakal NKP 2064 constitutional limits vol. 2 Decision No. 7817 • Directives to execute law. • Report Regarding Implementation Reference Materials: of Decisions of Supreme Court • A Study of Laws Declared null and published by Office of Prime Void by the Supreme Court, Minister and Council of Ministers Ministry of Law, Justice and Parliamentary Affairs

Session 33 Independence of Judiciary Objective of the Session: • Contempt of Court and Judicial At the end of this session participants; Independence • Will be acquainted with the • Practices of other States to principles of independence of maintain judicial independence Judiciary, provision made by • Provisions of the Constitution of Constitution of Nepal and Judicial Nepal regarding independence of Practices. judiciary • Code of conduct of Judges Subject Included in the Unit: • Independence of Judiciary and • Basic Principles of Independence responsibility of Government of Judiciary Attorney • Norms and Values of Independent • Court Perspective Judiciary Reference MaterialsM • Pre-condition and elements of • M. P. Singh, SECURING THE independent judiciary INDEPENDENCE OF THE JUDICIARY-THEINDIAN • Constituent Assembly, Report of the EXPERIENCE Committee on Judicial System, 2066 • Bhimarjun Acharya, Comparative • Rajiv Parajuli v. Royal Commissiion Systems of Judicial Review, AK for Corruption Control, SC Bulletin Books Publication, 2012. Special Issue 2062 Page 47 • Basic Principles of Independence of • Sarbhagya Ratna Tuladhar v. Judiciary, 1985. National Panchayat, NKP 2035, • Sylvia Snowiss, Judical Review and Decision No 1197 the Law of the Constitution. Yale • Tirtha Koirala v. Ministry of General University Press, 1996. Administration et al, NKP 2052 • International Principles on the Golden Jubilee Birth Anniversary Independence and Accountability of Special Issue 192 Judges, Lawyers and Prosecutors • Decision in writ petition by Madhav • Advocate on Record v. UoI, (1993) 4 Kumar Basnet, NKP 2067 vol. 4, SCC 441 Decision No. 8667 • Kashiraj Dahal, Constitutional • Amber Bahadur Raut v. Home Democracy: Constitution Making, Ministry et al, NKP 2068, vol. 7 Practice and Experience Decision No. 8642 • Bangalore Principles on Code of • Supreme Court v. Jana Aastha Conduct of Judges, 2002 Saptahik, NKP 2070 vol. 11, • Code of conduct of Judges Decision No. 9080 • Dr. Ananda Mohan Bhattarai, Judicial • Rajib Bastola v. Office of Prime Conduct and Code of Conduct of Minister and Council of Ministers et Judges, National Judicial Academy, al, NKP 2063 vol. 6, Decision No 2070 7709

Session 34 Nepalese Constitutional Jurisprudence Objective of the Session: • Will be able to analyze the role of At the end of this session, participants: judiciary in Constitutional • Will be able to analyze the development of Nepal chronological development of Subjects Included in the Unit: Constitutional and Constitutional • Era of Pradhan Nyayalay Jurisprudence of Nepa • Constitutional interpretation by • Mukunda Regmi, Interpretive judiciary during Panchayat Commentary of the Constitution of System the Kingdom of Nepal (Part 1 and 2) • Period of Parliamentary Reign • Top Bahadur Singh, Nepalese • Constitutional Provision of Constitutional History Transition • Yagyamurti Banjade v. Durga das • Constitutional Transformation Shrestha, NKP 2027 vol. 1, Decision • Constitutional interpretation in N0. 547 federal system of governance • Sarbagya Ratna Tuladhar v. National • Events of constitutional Panchayat, NKP 2035 decision No deviation and respective orders 1197 of the Supreme Court • Anar Singh Karki v. Bagmati Special Reference Materials: Court of the year 2042 (Regarding • S.K. Chaturvedi, Nepal: Internal Retrospective effect) Politics and Its Constitutions, Inter- • Rajib Parajuli v Royal Commission India Publications, 1992. for Corruption Control, Supreme • Ram Kumar Dahal, Constitutional Court Bulletin Special Issue 2062 and Political Developments in Nepal, Page 48 Ratna Pustak Bhandar, 2001. • Puspa Kamla Dahal v. Constitutional • Surya Dhungel and others, Coucil et al, NKP 2068 Decision No Commentary on the Nepalese 8406 Constitution, DeLF, 1998. • Rajendra Prasad Dhakal v. Office of • Surendra Bhandari, Court, Prime Minister and Council of Constitution and Global Policy, Ministers et al, NKP 2064 vol 2 • Narendra Prasd Pathak, Supreme Decision No 7817 Court in Constitutional Disputes Part • Chandra Kant Gyawali v. Head of 1, 2, 3, 4 Council of Ministers et al, NKP 2075 Constitutional Bench Part, vol 1 Decision no 0007

Session 35 Provision Regarding Case Withdrawal and Exemption Objective of the session: regarding exemption and judicial At the end of this session, participants: perspectives on such issues. • Will be able to discuss the concept Subjects Included in the Unit: of case withdrawal and provision • Conditions for withdrawing Criminal • Directives regarding case withdrawal cases and exemption • Constitutional and Legal provisions • Dibi Lama Case, NKP 2051 vol 7 regarding case withdrawal Decision No 4940 • Conditions for decreasing or • Writ of Gopi Bahadur Bhandari, NKP exempting from punishment 2069 vol 1 Decision No 8789 • Constitutional and Legal provisions • Writ of Sabitri Shrestha, NKP 2075, regarding exemption from Constitutional Bench Part, vol 1 punishment Decision No 0002 • Comparative study of case • Writ of Prakash Mani Sharma, NKP withdrawal and exemption of foreign 2075, Constitutional Bench Part, vol countries (India, USA and UK) 1 Decision No 0003 • Judicial perspective on case • Writ of Madhav Kumar Basnet, NKP withdrawal and exemptions 2075, Constitutional Bench Part, vol Reference Materials: 1 Decision No 0004

Session 36 Provision regarding Attorney General Objective of the Session: (d) Regulator towards Law At the end of this session, participants Practioner will be able to discuss about: (e) Guardian of Victims • Constitutional provisions • Interrelation between Chief regarding constitutional obligation Attorney and Attorney General of Attorney General and judicial • Other responsibility of the practices. Attorney General • Constitutional obligation of Chief Reference Materials: Attorney and their interrelation • Badri Bahadur Karki v. CIAA, NKP with Attorney General 2058 vol 5 and 6, Decision No 7001 Subjects Included in the Unit: • Narendra Bahadr Chand v. CIAA, • Constitutional Obligation of Supreme Court Bulletin 2058 Attorney General as: Decision Date: 2059/2/13 (a) Chief Legal Advisor of • Suntali Dhami v. District Government Government Attorney Office Achham (b) Chief Prosecutor et al, NKP 2068 vol 1, Decision No (c) Monitor of Human Rights 8541 • Narayan Singh Rajput v. Office of • Research Report on Structure and Attorney General et al, NKP 2070 vol Function of Attorney General in 1 Decision No 8949 Federal System of Governance, • Constituent Assembly, Report of Office of the Attorney General Judicial System Committee, 2066

Session 37 Political Parties and dispute regarding parties Objective of the Session: • D.D. Basu, Comparative At the end of this session, participants: Constitutional Law. Lexis Nexis, • Will be introduced with the Butterworths Wadhwa, Nagpur, 2010. provision of Constitution of Nepal • J.C. Johary, Comparative Politics. regarding registration and Sterling Publishing, New Delhi, 1980. abandonment of political party and • C.F. Strong, Modern Political judicial practices and able to Constitutions. ELBS, London, 1975. implement them during • Kashiraj Dahal, Constitutional performance of designated work. Democracy: Constitution Making, Subjects Included in the Unit: Practices and Experience • Political party in democratic • Constituent Assembly, Report of system of governance Constitutional Committee, 2066 • Constitutional provision regarding • Gopal Gurung v. Election political party Commission, NKP 2052 vol 1 • Provision regarding political party Decision No 5030 in Constitution of other countries • Khagendra Jung Gurung v. Election • Dispute regarding registration of Commission, NKP 2048 vol 2, 3, 4 political party Decision No 4270 • Dispute regarding abandonment of • Prabhu Narayan Chaudary v. Election party Commission, NKP 2056 vol 7 • Disputes occurring in election Decision No 6748 process • Balkrishna Neupane v. Secretariat of • Perspective of the Supreme Court the Council of Ministers et al, NKP on disputes of Political Party and 2055 vol 10 Decision No 6607 election • Writ of Baburam Bhattarai, NKP Reference Materials: 2054 vol 6 Decision No 6394 • Writ of Rajendra Lohani, NKP 2058 • Decisions of the Constituent vol 7,8, Decision No 7029 Assembly Court • Writ of Gunjaman B.K (regarding election of Bharatpur Metropolitan City)

Session 38 Constitutionalization of International Law Objective of the Session: • C.F. Strong, Modern Political At the end of this session, participants: Constitutions. ELBS, London, 1975. • Will be introduced with • Pravakar Adhikari, An Overview of constitutional provision regarding Constitutional and Legal Provision of treaty, its ratification and judicial Nepal concerning Internationalization practice regarding treaties and able of International Law, Nepal Law to implement them during Review vol 21, 2009 performance of designated work. • Constituent Assembly, Report of Subjects Included in the Unit: Constitutional Council, 2066 • Constitutional provision of Nepal • Tanakpur Case, Bal Krishna Neupane, • Rights of bilateral and multilateral Supreme Court Bulletin 2049 year 1 treaty vol 11 • Procedures of treaty ratification • Order issued in writ petition of • Constitutional provision of foreign Gyanraj Rai, 2057, Writ No 2651, countries regarding ratification of Decision Date 2058/15/8 treaties (India and USA) • Dinesh Kumar Sharma, NKP 2063 • Rights to conclude treaties and vol. 9 Decision No 7757 contracts in federal system • Arun Kumar Chaudary v. Office of • Disputes which may arise in treaty Council of Ministers et al, NKP 2064 ratification vol. 9 Decision No 7803 • Provisions of treaty and judicial • Jyoti Paudel v. Office of Prime review of domestic laws Minister and Council of Ministers, • Judicial Perspective Supreme Court Bulletin 2066, Full Reference Materials: Volume, 423 Decision No 8282. • J.C. Johary, Comparative Politics. • Bal Krishna Neupane v. Office of Sterling Publishing, New Delhi, 1980. Prime Minister and Council of Ministers et.al., NKP 2054, Vol. 1 Decision No 6313

Session 39 Constitutional Council and Parliamentary Hearing Objective of the Session: • Practice, reason and relevance of At the end of this session, participants: Parliamentary Hearing • Will be introduced with • Judicial Perspective constitutional provisions regarding Reference Materials: Constitutional Council and • Surya Prasad Dhungel et al., Parliamentary Hearing, its Commentary on Nepalese relevancy and judicial practices and Constitution, Delf, Kathmandu, 1998. able to implement them during • Constituent Assembly, Report of performance of designated work. Constitutional Committee, 2066 Subjects Included in the Unit: • Puspa Kamal Dahal v. Constitutional • Concept of Constitutional Council Council et al, NKP 2068 Decision No • Importance of Parliamentary Hearing 8406 • Practice of Parliamentary Hearing in • Subodh Man Napit v. Office of Prime foreign countries (including USA) Minister and Council of Ministers, • Constitutional and legal provisions of NKP 2067, Decision No 8385 Nepal • Yubraj Karki v. Office of Prime • Remarkable issues regarding practice Minister and Council of Ministers et of parliamentary hearing al, 2073 Writ No 073- WO-0111, 073-WO-0139

Session 40 Constitution Making Process

Objective of the session: light of background and At the end of this session, participants: discussions made on • Will be introduced about constitutional dispute during procedures and methods of constitution making. Constitution making Subjects Included in the Unit: • Will be able to interpret the • Principles of Constitution making constitutional provisions in the • Procedures of Constitution • Constitution Making Process in making South Africa • Inter-relationship of political • Constitution Assembly Debate change and constitution making (India), 1949 • Method of Constitution making • Federalist Paper (America) adopted by different States • O.P. Gouba, Constitutionalism in a (including India, USA, South Changing Society, Gitanjali Africa) Publishing House, New Delhi, 1984. • Discussion during Constitution • C.F. Strong, Modern Political making and its record Constitutions, ELBS, London, 1975. • Descriptive commentary of • H.M. Seervai, Constitutional Law of Constitution and its use in India interpretation of Constitution • M.P. Jain, Indian Constitutional Law • Constitution making process in • Kashiraj Dahal, Constitutional Constitutional Development of Democracy: Constitution Making, Nepal Practices and Experience • Approaches made by the first • Bhimarjun Acharya, Constitution constitutional assembly for the making process in Nepal constitution making • Samvidhan Sabha Darpan (First • Use of Doctrine of Necessity Constitutent Assembly), Secretariat • Discussions and dilouges during of Legislative Assembly making process of the present • Mukunda Regmi, Nepalese constitution Constitutional History (Part 1 and 2) Reference Materials: • Top Bahadur Singh, Nepalese • D.D. Basu, Comparative Constitutional History Constitutional Law, Lexis Nexis, • Reports of various committees of Butterworths Wadhwa, Nagpur. 2010. Constituent Assembly

2. Tax and Revenue Law

Goal of the Syllabus: To prepare the specialized government attorney on the revenue and tax law. Objective of the Syllabus: The government attorney who has obtained the training under this syllabus shall have knowledge on the following subjects- 1. Theoretical and practical aspects of the revenue and non-tax revenue administration. 2. Legislation and Implementation of direct and indirect tax. 3. Principles propounded by the Supreme Court in regard to tax disputes.

Structure of the Syllabus: This syllabus has been prepared to produce specialized government attorneys and to enhance their professional development. The subject matter under this syllabus shall cover 40% theoretical and 60% professional and practical knowledge.

Subjects included in the curriculum 1. Revenue Administration and structure of revenue 2. Non-tax revenue and operation 3. Legal Provision on Revenue Administration -1 4. Legal Provision on Revenue Administration -2 5. Provision of Revenue Administration in Nepal 6. Grounds for taxation and its calculation 7. Provisions relating to tax exemption 8. Quantification, Allocation and Characterization of Amount 9. International taxation system, and adjustment foreign tax 10. Tax planning and fraud 11. Long-Term contract and income calculation 12. Tax accounting and tax auditing 13. Special Provision relating to Natural Person and Entities 14. Assessment of Net Profit from Property and Liability 15. Tax assessment and collection 16. Capital Gain Tax 17. Inter-relation between Income Tax Act and other Acts 18. Provision regarding the appeal over the assessment of income tax and related principles propounded by the Supreme Court 19. Concept and Principle of Value Added Tax, and Provision related to Transaction and Rate 20. VAT details, payment and tax deduction 21. Refund of Value Added Tax 22. Audit and Assessment of Value Added Tax 23. Bill and Receipt, Debit/Credit Note, Purchase Book, Sales Book, Stock Book and Tax Recovery 24. Provision relating to appeal over Value Added Tax assessment and Principles propounded by Supreme Court 25. Custom Amount Assessment and Recovery 26. Object Classification System (Harmonized System) 27. Customs Clearance Process and ASYCUDA 28. Declaration of Goods and Customs Clearance 29. Customs Tariff Determination, Provision of appeal over decision of customs and Principles propounded by the Supreme Court 30. Excise Duty, License, Physical Control and Self Disposal System 31. Excise Duty Determination and Remission of Shortfall and Loss 32. Principles Propounded by Supreme Court in relation to Excise Duty 33. Revenue Leakage Control and Provision of Foreign Exchange Control

Session 1 Revenue administration and revenue structure Objective of the Session: • Value Added Tax Act, 2052 At the end of this session, participants: • Revenue Act, 2064 • shall be acquainted with • Excise Duty Act, 2058 organizational structure of revenue • Tax Law Design and drafting, administration in Nepal and scope editor-Victor Thrurohji, published of revenue by International Monetary Fund Subjects Included in the Unit: • Tax Laws and Tax planning in • Organizational structure Nepal - Dr. Pushpa Raj Kandel, Published/ Distributed by Buddha • Revenue administration (Tax Academic Publishers and and Non-tax) Distributors Pvt Ltd, 2003 • Types of Revenue • Principles of Taxation Law, Pawan Reference Materials: Kumar Ojha, Pairavi Publication, • Constitution of Nepal 2053 • Income Tax Act, 2058

Session 2 Non-tax Revenue Administration and Operation

Objective of the Session: Reference Materials: At the end of this session, participants: • Constitution of Nepal • Shall be acquainted with scope, • Income Tax Act, 2058 operation and management of non- • Tax Law Design and drafting, tax revenue. editor-Victor Thrurohji, published Subjects Included in the Unit: by International Monetary Fund • Definition and concept of non- • Tax Laws and Tax planning in tax revenue Nepal - Dr. Pushpa Raj • Non-tax revenue Kandel,Published/ Distributed by • Non-tax revenue rate Buddha Academic Publishers and assessment Distributors Pvt Ltd, 2003 • Collection of non-tax revenue • Principles of Taxation Law, Pawan Kumar Ojha, Pairavi Publication, • Challenge in non-tax revenue 2053 collection

Session 3 Legal Provision on Revenue Administration – 1

Objective of the Session: Reference Materials: At the end of this session, participants: • Constitution of Nepal • shall be acquainted with • Income tax act, 2058 constitutional and legal provision • Tax Law Design and drafting, on revenue administration, tax editor-Victor Thrurohji, published related law making process and tax by International Monetary Fund to be levied by the federal, state and • Tax Laws and Tax planning in local level Nepal - Dr. Pushpa Raj Kandel, Subjects Included in the Unit: Published/ Distributed by Buddha Academic Publishers and • Constitutional and legal Distributors Pvt Ltd, 2003 provision on Revenue • Principles of Taxation Law, Pawan administration Kumar Ojha, Pairavi Publication, • Tax related law making process 2053 • Fiscal management of federal, state and local level

Session 4 Legal Provision on Revenue Administration – 2

Objective of the Session: • Construction of tax laws At the end of this session, participants: Reference Materials: • Shall be acquainted about the role • Constitution of Nepal of the National Natural Resources • Income Tax Act, 2058 Commission, Inter-governmental • Inter-governmental Fiscal fiscal management and construction Management Act, 2074 of the tax laws. • Tax Law Design and drafting, Subjects Included in the Unit: editor-Victor Thrurohji, published • Provision of National Natural by International Monetary Fund Resources and Fiscal • Tax Laws and Tax planning in Commission Nepal - Dr. Pushpa Raj Kandel, • Inter-governmental fiscal Published/ Distributed by Buddha management Academic Publishers and • Principles of Taxation Law, Pawan Distributors Pvt. Ltd., 2003 Kumar Ojha, Pairavi Publication, 2053

Session 5 Provision on Nepalese Tax Administration Objective of the Session: • Income Tax Act, 2058 At the end of this session, participants: • Income Tax Regulation, 2059 • Shall be acquainted with concept of • Income Tax Directives, 2066 tax and revenue administration, and • Tax Law Design and drafting, theoretical and legal aspects of tax. editor-Victor Thrurohji, published Subjects Included in the Unit: by International Monetary Fund • Definition and objective of tax • Tax Laws and Tax planning in • Types of tax Nepal - Dr. Pushpa Raj Kandel, • Principles of taxation Published/ Distributed by Buddha Academic Publishers and • Theoretical aspects and Features Distributors Pvt Ltd, 2003 of ideal tax • Corporate Taxation Issues in • Constitutional and legal Nepalese Perspective- Dr. Puspa provision of revenue Kandel, Bhawana Prakasan, 2001 administration • Principles of Taxation Law, Pawan • Central, province and local level Kumar Ojha, Pairavi Publication, fiscal management 2053 Reference Materials:

Session 6 Grounds for taxation and its calculation Objective of the Session: • Taxable income At the end of this session, participants: • Amount to be included in the • Shall be acquainted with concept income (Heading basis) and legal provisions on grounds for Reference Materials: taxation, person liable to pay tax, • Income Tax Act, 2058 taxable income. • Income Tax Regulation, 2059 Subjects Included in the Unit: • Income Tax Directives, 2066 • Grounds for taxation and tax • Tax Law Design and drafting, payable by person editor-Victor Thrurohji, published • Heads of Tax by International Monetary Fund • Assessed Income • Tax Laws and Tax planning in • Corporate Taxation Issues in Nepal - Dr. Pushpa Raj Nepalese Perspective- Dr. Puspa Kandel,Published/ Distributed by Kandel, Bhawana Prakasan, 2001 Buddha Academic Publishers and • Principles of Taxation Law, Pawan Distributors Pvt Ltd, 2003 Kumar Ojha, Pairavi Publication, 2053

Session 7 Provisions relating to tax exemption Objective of the Session: • Tax Law Design and drafting, At the end of this session, participants: editor-Victor Thrurohji, published • Will be acquainted with basic of by International Monetary Fund personal benefits and professional • Tax Laws and Tax planning in tax exemption. Nepal - Dr. Pushpa Raj Subjects Included in the Unit: Kandel,Published/ Distributed by Buddha Academic Publishers and • Concept of the tax exemption Distributors Pvt. Ltd. 2003 • Tax exemption in the income • Corporate Taxation Issues in • Tax exemption to institution Nepalese Perspective- Dr. Puspa (condition for tax exemption) Kandel, Bhawana Prakasan, 2001 • Professional exemption and • Principles of Taxation Law, Pawan benefits Kumar Ojha, Pairavi Publication, Reference Materials: 2053 • Income Tax Act, 2058 • Income Tax Regulation, 2059 • Income Tax Directives, 2066

Session 8 Quantification, Allocation and Characterization of Amount Objective of the Session: • Conditions deemed for the At the end of this session, participants: payment • Will be acquainted with the tax • Indirect payment payment provision and evaluation • Joint investment of transferred property. • Division of Income from Price Transferring between Subjects Included in the Unit: concerned persons Reference Materials: • Market value determination of transferred property • Income Tax Act, 2058 • Income Tax Regulation, 2059 Buddha Academic Publishers and • Income Tax Directives, 2066 Distributors Pvt Ltd, 2003 • Tax Law Design and drafting, • Corporate Taxation Issues in editor-Victor Thrurohji, published Nepalese Perspective- Dr. Puspa by International Monetary Fund Kandel, Bhawana Prakasan, 2001 • Tax Laws and Tax planning in • Principles of Taxation Law, Pawan Nepal - Dr. Pushpa Raj Kumar Ojha, Pairavi Publication, Kandel,Published/ Distributed by 2053

Session 9 International taxation system and adjustment foreign tax Objective of the Session: • Income Tax Directives, 2066 At the end of this session, participants: • Tax Law Design and drafting, • Will be acquainted with provision editor-Victor Thrurohji, published related to taxable and exemption of by International Monetary Fund international tax • Tax Laws and Tax planning in Subjects Included in the Unit: Nepal - Dr. Pushpa Raj Kandel,Published/ Distributed by • International Taxation Buddha Academic Publishers and • Double tax avoidance Distributors Pvt Ltd, 2003 agreement • Corporate Taxation Issues in • Double tax adjustment provision Nepalese Perspective- Dr. Puspa • Double Tax Avoidance Kandel, Bhawana Prakasan, 2001 Agreements to which Nepal is • Principles of Taxation Law, Pawan party Kumar Ojha, Pairavi Publication, Reference Materials: 2053 • Income Tax Act, 2058 • Income Tax Regulation, 2059

Session 10 Tax planning and fraud Objective of the Session: • Feature of tax planning At the end of this session, participants: • Tax evasion and fraud • Will be acquainted with the concept • Tax avoidance of tax leakage and tax planning in Reference Materials: accordance with legal provisions • Income Tax Act, 2058 Subjects Included in the Unit: • Income Tax Regulation, 2059 • Tax planning • Income Tax Directives, 2066 • Tax Law Design and drafting, • Corporate Taxation Issues in editor-Victor Thrurohji, published Nepalese Perspective- Dr. Puspa by International Monetary Fund Kandel, Bhawana Prakasan, 2001 • Tax Laws and Tax planning in • Principles of Taxation Law, Pawan Nepal - Dr. Pushpa Raj Kumar Ojha, Pairavi Publication, Kandel,Published/ Distributed by 2053 Buddha Academic Publishers and Distributors Pvt Ltd, 2003

Session 11 Long-Term contract and income calculation Objective of the Session: • Tax Law Design and drafting, At the end of this session, participants: editor-Victor Thrurohji, published • Will be acquainted with tax by International Monetary Fund calculation procedures for the • Tax Laws and Tax planning in contract concluded for more than a Nepal - Dr. Pushpa Raj Kandel, year. Published/ Distributed by Buddha Subjects Included in the Unit: Academic Publishers and Distributors Pvt Ltd, 2003 • Concept of contract • Corporate Taxation Issues in • Long-term contract Nepalese Perspective- Dr. Puspa • Income calculation Kandel, Bhawana Prakasan, 2001 Reference Materials: • Principles of Taxation Law, Pawan • Income Tax Act, 2058 Kumar Ojha, Pairavi Publication, • Income Tax Regulation, 2059 2053 • Income Tax Directives, 2066

Session 12 Tax accounting and tax auditing Objective of the Session: • Balance sheet and profit and At the end of this session, participants: loss account • Will be acquainted with the ways to Reference Materials: record the income and expenditure • Income Tax Act, 2058 Subjects Included in the Unit: • Income Tax Regulation, 2059 • Cash Account • Income Tax Directives, 2066 • Accrual Account • Tax Law Design and drafting, • Mixed Accounting system editor-Victor Thrurohji, published by International Monetary Fund • Tax Laws and Tax planning in • Corporate Taxation Issues in Nepal - Dr. Pushpa Raj Nepalese Perspective- Dr. Puspa Kandel,Published/ Distributed by Kandel, Bhawana Prakasan, 2001 Buddha Academic Publishers and • Principles of Taxation Law, Pawan Distributors Pvt Ltd, 2003 Kumar Ojha, Pairavi Publication, 2053

Session 13 Special Provision relating to Natural Person and Entities Objective of the Session: • Income Tax Regulation, 2059 At the end of this session, participants: • Income Tax Directives, 2066 • Will be familiar with special • Tax Law Design and drafting, provision relating to natural person, editor-Victor Thrurohji , published entities, banking and insurance by International Monetary Fund enterprises and retirement saving • Tax Laws and Tax planning in fund. Nepal - Dr. Pushpa Raj Kandel, Subjects Included in the Unit: Published/ Distributed by Buddha Academic Publishers and • Natural Person Distributors Pvt Ltd, 2003 • Entities • Corporate Taxation Issues in • Banking and Insurance Nepalese Perspective- Dr. Puspa Business Kandel, Bhawana Prakasan, 2001 • Retirement Fund • Principles of Taxation Law, Pawan • Retirement Benefits Kumar Ojha, Pairavi Publication, Reference Materials: 2053 • Income Tax Act, 2058

Session: 14 Assessment of Net Profit from Property and Liability Objective of the Session: • Profits, expenses and loss from At the end of this session, participants: the property and liability • Will be familiar with special • Disposal of property and provision relating to assessment of liability net profit from property and • Involuntary disposal of property liability. or liability with substitution Subjects Included in the Unit: • Disposal upon amalgamation of property Reference Materials: Kandel,Published/ Distributed by • Income Tax Act, 2058 Buddha Academic Publishers and • Income Tax Regulation, 2059 Distributors Pvt Ltd, 2003 • Income Tax Directives, 2066 • Corporate Taxation Issues in • Tax Law Design and drafting, Nepalese Perspective- Dr. Puspa editor-Victor Thrurohji , published Kandel, Bhawana Prakasan, 2001 by International Monetary Fund • Principles of Taxation Law, Pawan • Tax Laws and Tax planning in Kumar Ojha, Pairavi Publication, Nepal - Dr. Pushpa Raj 2053

Session 15 Tax assessment and collection Objective of the Session: • Income Tax Directives,2066 At the end of this session, participants: • Tax Law Design and drafting, • Will be familiar about the process editor-Victor Thrurohji , published of tax return, tax assessment and by International Monetary Fund recovery of the tax. • Tax Laws and Tax planning in Subjects Included in the Unit: Nepal - Dr. Pushpa Raj • Income tax return Kandel,Published/ Distributed by • Tax payment Buddha Academic Publishers and • Tax assessment Distributors Pvt Ltd, 2003 • Advance tax and Installment • Corporate Taxation Issues in • Tax adjustment and refund Nepalese Perspective- Dr. Puspa • Dues, Interest and Fine Kandel, Bhawana Prakasan, 2001 • Arrear of tax and Recovery • Principles of Taxation Law, Pawan Reference Materials: Kumar Ojha, Pairavi Publication, • Income Tax Act, 2058 2053 • Income Tax Regulation, 2059

Session 16 Capital Gain Tax Objective of the Session: • Will be familiar with the national At the end of this session, participants: and international provisions relating to capital gain tax. Subjects Included in the Unit: • Concept and definition of • Tax Laws and Tax planning in capital gain tax Nepal - Dr. Pushpa Raj • National and international Kandel,Published/ Distributed by practices of capital gain tax Buddha Academic Publishers and • Prevailing legal provision of Distributors Pvt Ltd, 2003 capital gain tax • Corporate Taxation Issues in Nepalese Perspective- Dr. Puspa Reference Materials: Kandel, Bhawana Prakasan, 2001 • Income Tax Act, 2058 • Principles of Taxation Law, Pawan • Income Tax Regulation, 2059 Kumar Ojha, Pairavi Publication, • Income Tax Directives,2066 2053 • Tax Law Design and drafting, editor-Victor Thrurohji , published by International Monetary Fund

Session 17 Inter-relation between Income Tax Act and other Acts Objective of the Session: • Income Tax Regulation, 2059 At the end of this session, participants: • Income Tax Directive, 2066 • Will be familiar about process of • Tax Law Design and drafting, coordination for tax exemption editor-Victor Thrurohji, published provisioned by the Income Tax Act by International Monetary Fund and other Acts. • Tax Laws and Tax planning in Subjects Included in the Unit: Nepal - Dr. Pushpa Raj Kandel, • Income Tax Act Published/ Distributed by Buddha • Finance Act Academic Publishers and • Periodic Tax Recovery Act Distributors Pvt Ltd, 2003 • Special Acts ( Industrial • Corporate Taxation Issues in Enterprise Act, Bonus Act, Nepalese Perspective- Dr. Puspa Labour Act, Electricity Act and Kandel, Bhawana Prakasan, 2001 other Acts) • Principles of Taxation Law, Pawan • Interpretation rules of taxation Kumar Ojha, Pairavi Publication, laws 2053 Reference Materials: • Income Tax law, Past and Present, • Income Tax Act, 2058 Bishwodeep Adhikari

Session 18 Provision regarding the appeal over the assessment of income tax and related principles propounded by the Supreme Court Objective of the Session: • Condition where application is At the end of this session, participants: entertained by Supreme Court • Will be familiar about the provision • Provision regarding the defense related to the appeal on the towards application and appeal amended tax assessment, and • The principles propounded by analysis and interpretation of the Supreme Court, at least five Supreme Court in regard to income cases, relating to income tax. tax. Reference Materials: Subjects Included in the Unit: • Income Tax Act, 2058 • Administrative review over • Income Tax Regulation, 2059 income tax assessment. • At least five precedent/ principles • Appeal over administrative propounded by Supreme Court review. relating to income tax. • Provision relating to bailment • Revenue Tribunal Decision in regard to review and appeal. Collection, Volume 3, page 1-409

Session 19 Concept and Principle of Value Added Tax, and Provision related to Transaction and Rate Objective of the Session: • Transaction venue and import At the end of this session, participants: • Double taxation system • Will be familiar about the concept Reference Materials: of VAT, cancellation of registration, • Income Tax Act, 2058 tax levying and exemption • Income Tax Regulation, 2059 conditions, and transaction and rate • Income Tax Directive, 2066 system • In Introduction to Value Added Tax- Subjects Included in the Unit: Shambhu Man Shrestha Published • Concept and definition By Himalay Book Stall,2062 • Registration and Cancellation • Conditions of tax levying and exemption in VAT • Corporate Taxation Issues in • Principles of Taxation Law, Pawan Nepalese Perspective- Dr. Puspa Kumar Ojha, Pairavi Publication, Kandel, Bhawana Prakasan, 2001 2053 • Tolley’s Value Added Tax 1995-96, • Performance of Value Added Tax in by Robert Warren and Ncholas Nepal, Subedi, Shantaraj, Published Bowen Barriister, Tolley Publishing by Jamuna Subba Company Limited

Session 20 VAT details, payment and tax deduction Objective of the Session: • Value Added Tax Directives, 2069 At the end of this session, participants: • In Introduction to Value Added Tax- • Will be familiar about the provision Shambhu Man Shrestha Published relating to tax details and payment, By Himalaya Book Stall,2062 and tax exemption. • Corporate Taxation Issues in Subjects Included in the Unit: Nepalese Perspective- Dr. Puspa • Tax Details Kandel, Bhawana Prakasan, 2001 • Tax payment • Tolley's Value Added Tax 1995-96, • Tax Exemption and Tax by Robert Warren and Ncholas Adjustment Bowen Barriister, Tolley • Partial Tax Exemption Publishing Company Limited • Proportional Tax Exemption • Principles of Taxation Law, Pawan • Condition where tax can’t be Kumar Ojha, Pairavi Publication, exempted 2053 Reference Materials: • Performance of Value Added Tax in • Value Added Tax Act, 2052 Nepal, Subedi, Shantaraj, Published • Value added Tax Regulation, 2053 by Jamuna Subba

Session 21 Refund of Value Added Tax Objective of the Session: Added Tax and international At the end of this session, participants: practices. • Will be familiar about provisions Subjects Included in the Unit: regarding the refund of Value • Concept • Regular and Special Tax refund • Tax refund in regard to • Corporate Taxation Issues in diplomatic benefits Nepalese Perspective- Dr. Puspa • Tax refund on the project Kandel, Bhawana Prakasan, 2001 operated by foreign assistance • Tolley's Value Added Tax 1995-96, • International practices by Robert Warren and Ncholas Reference Materials: Bowen Barriister, Tolley • Value Added Tax Act, 2052 Publishing Company Limited • Value added Tax Regulation, 2053 • Principles of Taxation Law, Pawan • Value Added Tax Directives, 2069 Kumar Ojha, Pairavi Publication, • In Introduction to Value Added Tax- 2053 Shambhu Man Shrestha Published • Performance of Value Added Tax in By Himalay Book Stall, 2062 Nepal, Subedi, Shantaraj, Published by Jamuna Subba

Session 22 Audit and Assessment of Value Added Tax Objective of the Session: 3. Value Added Tax Directives, At the end of this session, participants: 2069 • Will be familiar about the subjects 4. In Introduction to Value Added relating to tax assessment, payment, Tax- Shambhu Man Shrestha selection of taxpayer, audit and Published By Himalay Book punishment. Stall, 2062 Subjects Included in the Unit: 5. Corporate Taxation Issues in 1. Self-tax assessment and Nepalese Perspective- Dr. Puspa payment Kandel, Bhawana Prakasan, 2. Selection of taxpayer 2001 3. Tax audit ( Full Audit, Rapid 6. Tolley's Value Added Tax 1995- Audit, General Audit, and 96, by Robert Warren and Refund Audit) Ncholas Bowen Barrister, Tolley 4. Amount, Interest and Fine Publishing Company Limited Reference Materials: 7. Principles of Taxation Law, 1. Value Added Tax Act, 2052 Pawan Kumar Ojha, Pairavi 2. Value added Tax Regulation, Publication, 2053 2053

Session 23 Bill and Receipt, Debit/Credit Note, Purchase Book, Sales Book, Stock Book and Tax Recovery Objective of the Session: • Value Added Tax Directives, 2069 At the end of this session, participants: • In Introduction to Value Added Tax- • Will be able to know about the Shambhu Man Shrestha Published provisions relating to bill and By Himalay Book Stall,2062 receipts, debit/credit notes, books • Corporate Taxation Issues in and tax recovery. Nepalese Perspective- Dr. Puspa Subjects Included in the Unit: Kandel, Bhawana Prakasan, 2001 1. Bills and Receipts • Tolley's Value Added Tax 1995-96, 2. Summery tax by Robert Warren and Ncholas 3. Debit/Credit Note Bowen Barrister, Tolley 4. Purchase, sales and Stock Book Publishing Company Limited 5. Tax Recovery • Principles of Taxation Law, Pawan 6. Auction Sales and Case Filing Kumar Ojha, Pairavi Publication, 7. Provision of tax recovery from 2053 non-resident person through agent • Performance of Value Added Tax in Reference Materials: Nepal, Subedi, Shantaraj, Published • Value Added Tax Act, 2052 by Jamuna Subba • Value added Tax Regulation, 2053

Session 24 Provision relating to appeal over Value Added Tax assessment and Principles propounded by Supreme Court Objective of the Session: 2. Appeal over administrative At the end of this session, participants: review • Will be acquainted with the 3. Provisions relating to bailment provisions relating to appeal over on review and appeal Value Added Tax assessment and 4. Condition where application is principles propounded by Supreme entertained by Supreme Court Court in relation to Value Added 5. Provision regarding the defense Tax. on application and appeal Subjects Included in the Unit: 6. The principles propounded by 1. Administrative review over Supreme Court, at least five Value Added Tax assessment cases, relating to Value Added Tax. Reference Materials: • At least five principles propounded • Constitution of Nepal in cases by Supreme Court • Value Added Tax Act, 2052 • Performance of Value Added Tax in • Value added Tax Regulation, 2053 Nepal, Subedi, Shantaraj, Published • Value Added Tax Directives, 2069 by Jamuna Subba

Session 25 Custom Amount Assessment and Recovery Objective of the Session: Reference Materials: At the end of this session, participants: • Customs Act, 2064 • Will be acquainted with the • Tax Law Design and drafting, provisions relating to custom editor-Victor Thrurohji , published amount assessment, recovery and by International Monetary Fund interrelation with World Customs • Tax Laws and Tax planning in Organization. Nepal - Dr. Pushpa Raj Subjects Included in the Unit: Kandel,Published/ Distributed by 1. Concept and Definition Buddha Academic Publishers and 2. Custom Area Determination Distributors Pvt Ltd, 2003 3. Custom amount assessment and • Corporate Taxation Issues in recovery Nepalese Perspective- Dr. Puspa 4. Provision relating to customs Kandel, Bhawana Prakasan, 2001 exemption • Principles of Taxation Law, Pawan 5. Demurrage Charge Kumar Ojha, Pairavi Publication, 6. World Customs Organization 2053

Session 26 Object Classification System (Harmonized System) Objective of the Session: • Title, Sub-title At the end of this session, participants: • Object classification system • Will be acquainted with the • Rule of Interpretation and provisions relating to title of object, grounds for amendment sub-title and maintaining code Reference Materials: number under the harmonized • Custom Act, 2064 system. • Tax Law Design and drafting, Subjects Included in the Unit: editor-Victor Thrurohji , published • Concept by International Monetary Fund • Tax Laws and Tax planning in • Corporate Taxation Issues in Nepal - Dr. Pushpa Raj Nepalese Perspective- Dr. Puspa Kandel,Published/ Distributed by Kandel, Bhawana Prakasan, 2001 Buddha Academic Publishers and • Principles of Taxation Law, Pawan Distributors Pvt Ltd, 2003 Kumar Ojha, Pairavi Publication, 2053

Session 27 Customs Clearance Process and ASYCUDA Objective of the Session: • Customs Act, 2064 At the end of this session, participants: • Tax Law Design and drafting, • Will be acquainted with the editor-Victor Thrurohji , published provisions relating to customs by International Monetary Fund clearance procedure and • Tax Laws and Tax planning in ASYCUDA. Nepal - Dr. Pushpa Raj Kandel,Published/ Distributed by Subjects Included in the Unit: Buddha Academic Publishers and • Rule of Origin and World Distributors Pvt. Ltd, 2003 Customs Organization • Corporate Taxation Issues in • National Treatment Nepalese Perspective- Dr. Puspa • ASYCUDA WORLD Kandel, Bhawana Prakasan, 2001 • Electronic payment • Principles of Taxation Law, Pawan • Bar code Kumar Ojha, Pairavi Publication, • Single Entry system 2053 Reference Materials:

Session 28 Declaration of Goods and Customs Clearance Objective of the Session: Subjects Included in the Unit: At the end of this session, participants: • Concept and Development • Will be acquainted with the • Declaration of Goods procedures relating to declaration of • Procedure (Green, Yellow and goods in customs, and clearance Red Channel) and examining procedures. • Customs fraud, smuggling Kandel,Published/ Distributed by • Electronic Clearing System Buddha Academic Publishers and • Post Clearance Audit Distributors Pvt Ltd, 2003 • Role of Customs Agent • Corporate Taxation Issues in Reference Materials: Nepalese Perspective- Dr. Puspa • Customs Act, 2064 Kandel, Bhawana Prakasan, 2001 • Tax Law Design and drafting, • Principles of Taxation Law, Pawan editor-Victor Thrurohji , published Kumar Ojha, Pairavi Publication, by International Monetary Fund 2053 • Tax Laws and Tax planning in Nepal - Dr. Pushpa Raj

Session 29 Customs Tariff Determination, Provision of appeal over decision of customs and Principles propounded by the Supreme Court Objective of the Session: • Provision relating to bailment in At the end of this session, participants: regard to review and appeal • Will be acquainted with the • Condition where application is provision relating to Customs Tariff entertained by Supreme Court Determination, Provision of appeal • Provision regarding the defense over decision of customs' office and on application and appeal Principles propounded by the • The principles propounded by Supreme Court. Supreme Court, at least five Subjects Included in the Unit: cases, relating to determination • Provision of application over of custom tariff and customs. customs tariff determination Reference Materials: • Appeal over decision of Custom • Customs Act, 2064 Evaluation Committee • At least five cases where Supreme • Appeal over decision relating to Court propounded principles related other customs to determination of custom value and decision regarding customs

Session: 30 Excise Duty, License, Physical Control and Self Disposal System Objective of the Session: • Excise Duty Act, 2058 At the end of this session, participants: • Excise Duty Regulation, 2059 • Will be acquainted with the • Excise Duty Directives, 2073 provision relating to concept of • Tax Law Design and drafting, excise duty, licensing, inspection editor-Victor Thrurohji, published and regulation. by International Monetary Fund Subjects Included in the Unit: • Tax Laws and Tax planning in • Concept and definition Nepal - Dr. Pushpa Raj • Taxable goods and services Kandel,Published/ Distributed by under excise duty Buddha Academic Publishers and • License, renewal of license and Distributors Pvt Ltd, 2003 registration • Corporate Taxation Issues in • Goods and Services requiring Nepalese Perspective- Dr. Puspa license/permission Kandel, Bhawana Prakasan, 2001 • Physical Control System • Principles of Taxation Law, Pawan • Self-Disposal System Kumar Ojha, Pairavi Publication, • Monitoring and Control 2053 Reference Materials:

Session 31 Excise Duty Determination and Remission of Shortfall and Loss Objective of the Session: • Shortfall and its impacts on At the end of this session, participants: Income Tax and VAT • Will be acquainted with payment of • Remission of Loss determined excise duty and Reference Materials: remission for shortfall and loss. • Excise Duty Act, 2058 Subjects Included in the Unit: • Excise Duty, Regulation, 2059 • Excise Duty details and • Excise Duty Directives, 2073 payment • Tax Law Design and drafting, • Excise Duty determination and editor-Victor Thrurohji , published Recovery by International Monetary Fund • Excise Duty sticker • Tax Laws and Tax planning in Nepal - Dr. Pushpa Raj Kandel,Published/ Distributed by • Principles of Taxation Law, Pawan Buddha Academic Publishers Kumar Ojha, Pairavi Publication, and Distributors Pvt Ltd, 2003 2053 • Corporate Taxation Issues in Nepalese Perspective- Dr. Puspa Kandel, Bhawana Prakasan, 2001

Session 32 Principles Propounded by Supreme Court in relation to Excise Duty Objective of the Session: • Condition where application is At the end of this session, participants: entertained by Supreme Court • Will be acquainted with the • Provision regarding the defense provisions related to the appeal of application and appeal • The principles propounded by over the determination of excise Supreme Court, at least five duty, and analysis and interpretation cases, related to Excise Duty. of the Supreme Court in regard to Reference Materials: excise duty. • Constitution of Nepal Subjects Included in the Unit: • Excise Duty Act, 2058 • Administrative review over • Excise Duty, Regulation, 2059 Excise Duty Determination • Excise Duty Directives, 2073 • Appeal over administrative review • At least five cases in which • Provision relating to Bailment Supreme Court propounded during appeal and review principles related to Excise Duty.

Session 33 Revenue Leakage Control and Provision of Foreign Exchange Control Objective of the Session: • Provision related to At the end of this session, participants: investigation, prosecution, and • Will be acquainted with the defense of revenue leakage provision related to revenue leakage • Foreign exchange offence control and foreign exchange • Provision related to control. investigation, prosecution and Subjects Included in the Unit: defense of foreign exchange offence • Revenue leakage offence Reference Materials: • Revenue Leakage (Investigation Buddha Academic Publishers and and Control) Act, 2052 Distributors Pvt Ltd, 2003 • Tax Law Design and drafting, • Corporate Taxation Issues in editor-Victor Thrurohji, published Nepalese Perspective- Dr. Puspa by International Monetary Fund Kandel, Bhawana Prakasan, 2001 • Tax Laws and Tax planning in • Principles of Taxation Law, Pawan Nepal - Dr. Pushpa Raj Kandel, Kumar Ojha, Pairavi Publication, Published/ Distributed by 2053

3. Banking Laws

Curriculum Goal: • To prepare specialized government attorneys in the field of banking offences. • Government attorneys who have obtained training on the basis of this course will have following theoretical and practical knowledge.

Curriculum Objective of the session: At the end of the course, participants will have knowledge on following things:

1. Basic principles, risk, establishment, operation, management and regulation of banking and financial institutions. 2. Banking offences, nature and jurisdiction. 3. Civil and criminal liability in banking and financial institutions as well as departmental liability, departmental action and disciplinary action. 4. Debt, debt limitation, debt policy, management of debt risk, collateral valuation, withhold of collateral, debt recovery process, guarantee and counter guarantee and letter of credit. 5. Banking offences and debt recovery, auction, banking offences and corruption, peculation, money laundering; extradition and Mutual Legal Assistance Act. 6. Legal arrangements on dishonor of Cheque and banking offences, competition, promotions and market protection and liquidation. The participants will further learn about international legal provisions on competition and liquidation and foreign exchange. 7. Banking offences and court practices. 8. Will be able to apply the Principles, court practices and jurisprudence of Banking Offences and Commercial law during effective litigation and defense relating to the cases of banking offence in Supreme Court beyond the Nepal Government. Subjects incorporated in the Curriculum The session shall be conducted being centered on 40% theoretical and 60% professional and practical matters in these subjects included under the course started for specialization of government attorney based on their professional development. There are 3 session and each session consists of 1 hour and 30 minutes. The sessions will continue for 15 days.

Subjects included in this syllabus 1. Introduction of Bank and Financial Institution & Banking System. 2. Bank and Financial Institution & its management 3. Introduction of Banking Offence 4. Scope and jurisdiction of Banking Offence 5. Banking System and Criminal liability 6. Investigation of the cases relating to Banking Offence 7. Prosecution of the cases relating to Banking Offence 8. Amount and fine in Banking Offence and recovery 9. Theoretical Study of Credit Lending 10. Offence relating to Credit Lending and debt recovery 11. Collateral valuation and its management 12. Offence relating to Banking Service 13. Offence relating to Banking Service 14. Inter-Bank relationship and Banking Offence 15. Other Offences relating to Banking -1 16. Other Offences relating to Banking -2 17. Other Offences relating to Banking -3 18. Other Offences relating to Banking -4 19. Banking Offence and crime relating to Co-operative 20. Institutional Criminal Liability 21. Practice of Corporate Bench in Banking Offence -1 22. Practice of Corporate Bench in Banking Offence -2 23. Provision of Guarantee -1 24. Provision of Guarantee -2 25. Letter of Credit 26. Provision of Security 27. Negotiable Instrument 28. Study of legal arrangement relating to Competition, Promotion and Market Protection 29. Study of provisions relating to the liquidation 30. Study of provisions relating to the contract-1 31. Study of provisions relating to the contract-2 32. Mediation in dispute resolution

Session 1 Introduction of Banking and Financial institution and System Objective of the Session: • Challenges of Banking and At the end of the course, participants Financial Institutions, will be; • Court Practices. • Introduced about Banking and Reference Materials: Financial Institutions, • Tannan, M.L. 27th edition, Banking Law and Practice in • Familiar about Basic norms and India. practices of Banking Systems. • M.L., Tannan, 27th edition, Subjects included in this Unit Banking law and Practice in India • Meaning and definition of Bank, • Nepal Rastra Bank Act, 2058 • Development of Banking System, • Banking and Financial • Basic norms and practice of Institutions Act, 2073 Banking System, • Nepal Rastra Bank Directives • Types of Banks, • Gupta, S.N., The Banking Law • Introduction of Bank and Financial in Theory and Practice Systems, • E.P. Ellinger,…., Ellinger's • Right, duties and functions of Bank Modern Banking law 4th Edition. and Financial Institutions, • Cranston Ross, Principles of • Legal and prohibited activities of Banking law. Bank and Financial Institutions, • Hriday Bir Singh, Banking & • Relationship between Nepal Rastra Insurance 1st Edition Bank and Banking and Financial • Choudhary R.N. Banking laws. Institutions,

Session 2 Banking and Financial institution and its managerial aspects

Objective of the Session: • Responsibilities of authorities At the end of the course, participants involved in Banking and Financial will be; Institutions • Acquainted with merger of banks, • Theoretical study of Merge and to dissolution and termination, be merged shareholders, Board, employee and • Dissolution and termination of policy level, depositors, debtors and Banking and Financial Institutions, valuators; and service providers in • Court Practices. Banking Systems. Reference Materials: • Mark Hop good QC, Paget's Law of Subjects included in this Unit Banking 13th edition, • Modern Banking System of Nepal, • Creditors Yogendra Regmi • Shareholders • Companies Act ,2058 • Board Members (Existing and • Nepal Rastra Bank Act, 2058 Invited) • Directives of Nepal Rastra Bank, • Managerial level (Executive and working level employees) • Banking and Financial Institutions Act, 2073 • Depositors • Banking Offense and Punishment • Debtors Act,2064. • Stakeholders

Session 3 Introduction of Banking Offense Objective of the Session: Subjects included in this Unit At the end of the course, participants • Definition and meaning of Banking will be; Offense • Introduced about Banking Offence • Presence of Actus reus and Mens and its nature rea in Banking Offence and its role. • Aware about the impact of such • Nature of Banking Offence offences in Banking and Financial • Types of Banking Offence Institutions • Impact of Banking offences in • Nepal Rastra Bank, Bank Banking and Financial Institutions Supervision Department Baluwatar • Important provisions of Banking V. Rubi Joshi et.al, Case: Banking Offence and Punishment Act, 2064 Offence, N.K.P 2073, Volume 5, • Court Practices. D.N.9608 Reference Materials: • Nepal Rastra Bank, Bank • National Criminal Code, 2074 Supervision Department Baluwatar • National Civil Code, 2074 V. Indraraj Humagain et.al Joshi, • Banking Offense and Punishment Case: Banking Offence, N.K.P Act, 2064 2073, Volume 7, D.N.9645 • Hope Good QC, Mark, Paget's Law of Banking, Londn, Edinburgh and Dublin: Butterworths, 1996

Session 4 Areas and Limitation of Banking Offense Objective of the Session: • Banking Offence and Jurisdiction At the end of the course, participants of High Court (Commercial Bench) will; • Court Practices. • Get the knowledge about Reference Materials: investigation, prosecution and • Judicial Administration Act, 2073 jurisdiction of case procedures of • High Court Regulation, 2073 Banking Offense, and jurisdiction • Nepal Rastra Bank Act, 2058 of various judicial institutions • Banking Offense and Punishment dealing with Banking Offences. Act, 2064 Subjects included in this Unit • Banking and Financial Institutions • Scope of Banking Offense Act, 2073 • Jurisdiction of Banking Offence • N.K.P 2067, Volume 1, D.N.8302, • Banking Offence and Jurisdiction Nepal Government V. Dipak Basyal of Nepal Rastra Bank et.al ,Case: Fraud • Banking Offence and Jurisdiction • N.K.P 2067, Volume 2, D.N.8321, of Debt Recovery Tribunal Nepal Government V. Madan Sharma, Case: Fraud

Session 5 Banking System and Criminal Liability Objective of the Session: • Mark Hop good QC, Paget's Law of At the end of the course, participants Banking 13th edition, will; • Act Relating to Institutions Acting • Aware about liabilities and criminal as Financial Intermediary, 2055 liabilities in Banking and Financial (1999) Institutions and departmental action • Foreign Exchange Act,2019 and disciplinary action of it. • Nepal Rastra Bank Act, 2058 • Directives of Nepal Rastra Bank Subjects included in this Unit • Prevention of Corruption Act, 2059 • Meaning and concept of Liability • Banking and Financial Institutions Act, 2073 • Issues of Criminal Liabilities • The Electronic Transaction Act, • Issues of Civil Liabilities 2063 • Responsibilities of Banking and • Assest (Money) Laundering Financial Institutions for Civil and Prevention Act, 2064 Criminal Liabilities • Prevention of Organized Crime • Departmental and Disciplinary Act,2070 action • National Criminal Code, 2074 • Principle Double jeopardy relating to Departmental action upon and • N.K.P 2069, Volume 4, D.N.8814, criminal liability Kashiram Gurung V. Prime Minister and Council of • Corporate Good Governance Ministers ,Case: Fraud • Court Practices. • N.K.P 2067, Volume 7, D.N.8409, Reference Materials: Nepal Government V. Gyanendra Bista, Case: Fraud

Session 6 Investigation of cases relating to Banking offences

Objective of the Session: • Aware about First Information At the end of the course, participants Report (FIR), investigation, will be; limitation, special procedure to be undertaken during investigation, challenges found in investigation of • Challenges in investigation of Banking Offence; legal, policy Banking Offence cases level, institutional and managerial • Policy-level, legal, institutional and measures to minimize those managerial measures to solve the challenges. challenges in investigation Subjects included in this Unit procedure • Provision of FIR in Banking • Court Practices. Offences Reference Materials: • investigation can be done with • Banking Offense and Punishment detention Act , 2064 • Provision of Special Investigation • Nepal Rastra Bank Act, 2058 Team • Banking and Financial Institutions • Asking for information Act, 2073 • Assist in Investigation • Program on Recovery of Debts of • Investigation and Privacy BFI Act, 2058 and Regulation, maintenance 2051 • Summon notice submission • National Civil Code,2074, • Withhold of property and bank provisions relating to Contract account of nationals and non- • Evidence Act, 2031 nationals • Power delegated by Attorney • Investigation Officer and his General responsibility • National Criminal Code, 2074 • The developed procedures to be • Crime Investigation Regulation, applied in investigation of Banking 2075 Offence cases.

Session 7 Prosecution of cases relating to Banking Offenses Objective of the Session: problems, and challenges regarding At the end of the course, participants prosecution of Banking Offence will be; and its solution. • Aware about provisions related to Subjects included in this Unit prosecution in case of banking • Provision for establishment of offence, legal and practical aspects events and limitation in cases of to be applied while prosecution; Banking Offense, • Provision regarding prosecution of • Court Practices. cases of Banking Offense, Reference Materials: • Degree of offence of each • Banking Offense and Punishment individual involved, Act , 2064 • Provision relating to Claim and its • Nepal Rastra Bank Act, 2058 usage, • Banking and Financial Institutions • Legal and practical aspects to be Act, 2073 concerned during prosecution of • Program on Recovery of Debts of Banking Offences, BFI Act, 2058 and Regulation, • Provisions regarding witness 2051 evidence and its presentation, • National Civil Code,2074, • Provisions regarding crime ratio provisions relating to Contract and punishment of Banking • Evidence Act, 2031 Offences, • Power delegated by Attorney • Condition of institutional support General and co-ordination during • National Criminal Code, 2074 prosecution and expectation, • Crime Investigation Regulation, • Problems and Challenges of 2075. prosecution and its solutions,

Session 8 Provision of amount value and fine relating to Banking Offenses and recovery Objective of the Session: • Provisions regarding fine recovery At the end of the course, participants • Amount Value confiscation will be; • Amount Value recovery • Aware about provisions related to • Banking Offence and auction amount value determination, (Banking and Non- Banking amount recovery and fine; and Property) informed about procedure of • Banking Offence and Debt criminal litigation. Recovery Subjects included in this Unit: • Court Practices. • Determination of amount value in Reference Materials: Banking Offences • Banking Offense and Punishment • Withhold the Property Act , 2064 • National Civil Code,2074, Offence, N.K.P 2069, Volume 5, provisions relating to Contract D.N.8826 • Nepal Government V. Indra • Dayaprasad Ghimire V. Nepal Bahadur Nepali, Case: Banking Government, Case: Fraud, N.K.P 2072, Volume 1, D.N.9329.

Session 9 Theoretical study of Credit Lending Objective of the Session: • Mark Hop good QC, Paget's Law of At the end of the Session, participants Banking 13th edition, will be; • Cranston Ross, Principles of • Acquainted with existing laws, Banking law credit policy, areas of credit • Banking Offense and Punishment demand, possibility and limitation Act , 2064 of Credit. • National Civil Code,2074 Subjects included in this Unit: • Nepal Rastra Bank Act, 2058 • Meaning and definition of Credit • Banking and Financial Institutions • Types of Credit and principles of Act, 2073 Credit Lending • Recovery of Debts of BFI Act, • Existing laws and policies 2058 and Regulation, 2051 regarding Credit • National Civil Code,2074, • Demand areas, probability and provisions relating to Contract, limitation of Credit • N.K.P 2068, Volume 9, D.N.8688, • Regulations, directives and Case: Corruption, Nepal standards of Credit of Banking and Government V. Pradip K.C, Financial Institutions. • N.K.P 2063, Volume 5, D.N.7707, • Court Practices. Case: Corruption, HMG V. Reference Materials: Dayanidhi Pankaj. • M.L., Tannan, 27th edition, Banking law and Practice in India,

Session 10 Offence relating to credit lending and Recovery Objective of the Session: At the end of the course, participants will; • Have knowledge about the offences • Mark Hop good QC, Paget's Law of relating to a person who avail or Banking 13th edition, provide loan, credit providing Bank • Cranston Ross, Principles of or Financial Institution, collateral Banking law against the debt, withhold and • E. P. Ellinger, Ellinger's modern sanction of the collateral, Banking law arrangement of debt recovery, risk • Modern Banking System of Nepal, evaluation of Credit, collateral Yogendra Regmi evaluator. • Banking Offense and Punishment Subjects included in this Unit: Act , 2064 • Unauthorized loan avail and • Security Transaction Act, 2063 provide. • Nepal Rasta Bank Act, 2058 • Misuse of loan • Banking and Financial Institutions • Acquire of assets and amount by Act, 2073 borrower. • Bank and Financial Institutions • Make activities with fraud or Debt Recovery Act, 2058 and mislead to the bank or financial Regulation, 2059 institution or cooperatives or any • National Civil Code, 2074 unions. (provisions relating to Contract) • Derive excess, low or false • N.K.P 2063, Volume 6, D.N.7719, valuation and prepare financial Case: Corruption, Nepal description Government V. Mohan Krishna • Collateral against loan, documents Gurung et.al. of collateral, withhold the collateral • N.K.P 2060, Volume 11, D.N.7295, and sanction Case: Certiori, Krishna Gopal • Other offences relevant to debt Tandan et.sl V. Nepal Rastra Bank recovery. et.al. • Court Practices. • N.K.P 2074, Volume 4, D.N.9718, Reference Materials: Case: Corruption, HMG V. Laxmi • M.L., Tannan, 27th edition, Prasad Acharya et.al. Banking law and Practice in India,

Session 11 Collateral Valuation and its Management Objective of the Session: At the end of the course, participants will; • Have information about Reference Materials: Collateral, its valuation, quality • Mark Hop good QC, Paget's Law of of assets and valuator of Banking 13th edition, Security/collateral. • Banking Offense and Punishment Act , 2064 Subjects included in this Unit: • Nepal Rasta Bank Act, 2058 • Meaning, definition and quality • Directives issued by the Nepal related issues of Security Rastra Bank • Valuation of Securities and its • Banking and Financial Institutions procedure, standards and grounds Act, 2073 • Field visit of Security and reporting • Bank and Financial Institutions • Roles of the office, evaluator and Debt Recovery Act, 2058 and the officials in security valuation Regulation, 2059 • Meaning and calculation techniques • National Civil Code, 2074 of Distress Value and Fair Market (provisions relating to Contract) Value of Security • Directives and Standard adopted by • Selection of valuator and duties and various Banks for guarantee regulation abide by him/her valuation • Study of Offences related to • Cranston Ross, Principles of security valuation Banking Law • Court Practices.

Session 12 Offence relating to Banking Service - 1

Objective of the Session: Subjects included in this Unit: At the end of the course, participants • Open an account and demand cash will be; payment in an unauthorized manner • Informed about offences related • Unauthorized withdrawal or to the banking services such as; payments operation of account, collect and • Not to misuse of resources, means accept the deposit, avail and and assets of bank provide deposit disburse, • To make loss by making alteration interest rate in deposit and credit, in the account or ledger or by cheque, voucher, banking committing forgery or fraud. liquidity etc. • To carry out and cause to carry out • Mark Hop good QC, Paget's Law of irregular economic or financial Banking 13th edition, transaction • Banking Offense and Punishment • Carry out the transaction of Dhukuti Act , 2064 • Illegal banking transaction • Security Transaction Act, 2063 • To create artificial lacking of • Nepal Rasta Bank Act, 2058 banking liquidity • Banking and Financial Institutions • Other offences relating to the Act, 2073 baking services • Bank and Financial Institutions • Court practices Debt Recovery Act, 2058 and Reference Materials: Regulation, 2059 • M.L., Tannan, 27th edition, • Directives issued by the Nepal Banking law and Practice in India, Rastra Bank

Session 13 Offence relating to Banking Offence -2 Objective of the Session: Transfer, Debit and Credit cards At the end of the course, participants and services of similar nature) will; • Mobile Banking and Offence • Have information about the • Court Practices. electronic transaction and Reference Materials: offences take place through • Banking Offense and Punishment Electronic means (automated Act , 2064 teller machine (ATM Machine), • Electronic Transaction Act, 2063 E-Banking, Wire transfer, Card). • National Criminal Code, 2074 Subjects included in this Unit: • Nepal Rasta Bank Act, 2058 • Obtain or make payment by way of • Banking and Financial Institutions abuse or unauthorized use of Act, 2073 electronic means. • Directives issued by Nepal Rastra • Services provided through Bank electronic means (ATM Machine, POS Machine, E-Banking, Wire Session 14 Inter- Banking relation and Banking Offence Objective of the Session: At the end of the course, participants will; • Have information about Any • Court Practices. Branch Banking System, Reference Materials: Clearance, Good For Payment • Mark Hopgood QC, Paget's Law of and theoretical and legal Banking 13th edition, arrangement of consortium • Banking Offense and Punishment

relation Act , 2064 Subjects included in this Unit: • National Criminal Code, 2074 • Any Branch Banking System, • Nepal Rasta Bank Act, 2058 • Clearance, • Banking and Financial Institutions • Good For Payment Act, 2073 • Inter-Banking lending • Directives issued by Nepal Rastra • Inter-Banking deposit and payment Bank • Other Inter-Banking relations

Session 15 Other offences relating to Banking - 1 Objective of the Session: • Court practices related with At the end of the course, participants Banking Offence and above will be; mentioned issues • Acquainted with Banking Reference Materials: Offence; and provision of • National Criminal Code, 2074 offence and punishment • National Civil Code, 2074 determined by various Special • Banking Offense and Punishment acts. Act , 2064 Subjects included in this Unit: • Act to Provide for Enhancement of • Offence against the Act to Provide the Circulation of Nepalese for Enhancement of the Circulation Currency, 2014(1957) of Nepalese Currency, 2014(1957) • Security Transaction Act, 2063 • Offence against the Nepal Rastra • Banking and Financial Institutions Bank Act, 2058 Act, 2073 • Offence against the Bank and • Negotiable Instrument Act. 2034 Financial Institution Act, 2073 • Companies Act, 2063 (including 1st • Offence against the Secured amendment) Transaction Act, 2063 • N.K.P 2062, Volume 5, D.N.7534, • N.K.P 2069, Volume 12, D.N. 8927, Case: Corruption, Nepal Case: Cheque Bounce, Karna Government V. Bimal Kumar Bahadur Chand V. Karam Singh Thapa et.al. Bhandari. • N.K.P 2043, Volume 11, D.N.2900, • N.K.P 2070, Volume 1, D.N. 8948, Case: Fraud, Sarwagya Muni Case: Bank Fraud, Nepal Bajracharya V. Krisna Prasad Government V. Madhusudan Puri Shrestha et.al. et.al. • N.K.P 2070, Volume 1, D.N.8950, • N.K.P 2064, Volume 8, D.N. 7872, Case: Cheque Bounce, Maheswor Case: Certiorari, Piyus Bahadur lal Shrestha V. Bishnu Maharjan Amatya V. Nepal Government. et.al.

Session 16 Other offence relating to Banking - 2

Objective of the Session: • Offence against the Insurance Act, At the end of the course, participants 2049(1993) will be; • Offence against the Act Relating to • Informed about Banking Institutions Acting as Financial Offence; and provision of Intermediary, 2055 (1999) offence and punishment • Court Practices. determined by various Special Reference Materials: acts. • Foreign Exchange (Regulation) Subjects included in this Unit: Act, 2019 (1962) • Offence against the Foreign • Employees Provident Fund Act, Exchange (Regulation) Act, 2019 2019(1962) (1962) • National Insurance Corporation • Offence against the Employees Act, 2025(1968) Provident Fund Act, 2019(1962) • Citizens Investment Trust Act, • Offence against the National 2047(1991) Insurance Corporation Act, • Insurance Act, 2049(1993) 2025(1968) • Act Relating to Institutions • Offence against the Citizens Acting as Financial Investment Trust Act, 2047(1991) Intermediary, 2055 (1999)

Session 17 Other Various Banking Offences - 3 Objective of the Session: • Banking Offences and At the end of the course, participants departmental action, will be; • Banking Offences and • Informed about Banking penalization, Offences and Corruption; • Declaration of disqualification Banking offence and in banking offences, departmental action in • Court Practice. peculation; banking offence and Reference Materials: penalization; declaration of • Banking Offences and disqualification in banking Punishment Act, 2064, offences and classification of • Prevention of Corruption Act, punishment. 2059, Subjects included in this Unit: • Nepal Rastra Bank Act, 2058, • Banking Offences and • National Civil Code, 2074, Corruption, • Debt Recovery Act of Banking • Banking Offences and Fraud, and Financial Institutions, 2058, • Banking Offences and • Negotiable Instrument Act, 2034. peculation,

Session 18 Various Banking Offences - 3 Objective of the Session: • Banking Offences and Money At the end of this session, the Laundering, participants will be knowledgeable on: • Banking Offences and • Banking offences and property Organized Crime, consolidation, study of • Banking Offences and principles and legal provisions Extradition, concerning confiscation of • Banking Offences and Mutual illegally obtained property. Legal Assistance, • Extradition and Mutual Legal • Banking Offences and withhold, Assistance in banking offence. Restraining or Confiscation of Subjects included in this Unit: illegally obtained property, • Court practice. Reference Materials: • Kasurjanya sampati rokka, jafat • Mark Hop good QC, Paget's tatha kabja sambandhi Ain, Law of Banking 13thedition. 2070 • Banking Offences and • Civil Code, 2070, Punishment Act, 2064, • Debt Recovery Act of Banking • Money Laundering Act, 2064, and Financial Institutions, 2058, • Extradition Act, 2070, • Negotiable Instrument Act, 2034, • Organized Crime Prevention • Directives of FATF. Act, 2070, • Directives of Nepal Rastra Bank. • Mutual Legal Assistance Act, 2070,

Session 19 Banking Offences and Co-operative related Offences Objective of the Session: • Duties of co-operative, At the end of the session, the • Offences related to co-operative participants will be; and its punishment, • Informed about the theoretical and • Investigation and Prosecution of practical aspects of co-operatives; offences related to co-operative, simultaneously they will be • Judicial decisions and Practices acquainted with the co-operative of offences related to co- related offences, punishment for operative, such offences and court practices • Analytical study on Co- relating to same. operative Act, 2073. Subjects included in this Unit: Reference Materials: • Concept, meaning and definition • Cooperatives: Principles and of co-operative, Practices in the 21st Century, • Principles of co-operative, Kimberly A Zeuli and Robert • Characteristics of co-operative, Cropp. Extension, 2004. • Arrangements on financial • Cooperative Movement in Indial, transaction undertaken by co- G.R. Madan, Mittal Publication, operatives and co-operative 2007. banks, • PROBLEMS AND • Regulation and Directives of co- PROSPECTS OF THE operative, COOPERATIVE MOVEMENT IN INDIA UNDER THE • Other various relevant legal GLOBALIZATION REGIME, provisions related to co- XIV International Economic operative department, History Congress, Helsinki 2006, • Other relevant laws relating to Session 72 . the cooperatives. • Co-operative Act, 2073 • Judicial interpretation and • Directives of Nepal Rastriya established precedent Bank (NRB), concerning co-operative. • Directives, standards and co- operative manual issued by co- operative,

Session 20 Institutional Criminal Liability Objective of the session: • Responsibilities of authorities At the end of this session, the holding executive power, participants will have knowledge on: • Responsibilities of head of • Legal person and duties; department or office, differences between legal and • Collective responsibility and natural person; principles of accountability, institutional responsibility; • Doctrine of Lifting of Corporate responsibility of institution itself, Veil and its exception, collective accountability and • Cases related to banking criminal liability of office offences and companies, holding executive power or • Court Practices. departmental chief; and lifting Reference Materials: of corporate veil. • Companies Act, 2063, Subjects included in this Unit: • Banking Offences and • Meaning of legal and natural Punishment Act, 2064, person and their differences, • National Criminal Code, 2074,

• Legal person and their duties, • Directives of Nepal Rastriya • Meaning and concept of Bank, institutional criminal liability, • Banking and Financial • Responsibilities bared by Institution Act, 2073. institution itself,

Session 21 Practice of Commercial Bench for the matter concerning banking offences…1 Objective of the session: • Methods to make commercial At the end of this session, the bank influential participants will be; • Court practices. • Informed about the formation, Reference materials: functions, duties and rights of • Banking Offences and Commercial Bench. Punishment Act, 2064, Subjects included in this Unit: • Judicial Administration Act, • Importance of commercial 2073, bench, • High Court Regulation, 2073, • Formation of commercial bench, • Decisions and notices issued by • Rationale of commercial bench, Nepal Government regarding • Jurisdiction, formation of commercial bench. • Problems and challenges concerning commercial bench,

Session 22 Practice of Commercial Bench for the matter concerning banking offences…2 Objective of the Session: • Witness Examination, At the end of this session, the • Decision, participants will be: • Appeal, • Informed about proceeding and • Court practices. hearing of cases which is Reference materials: proceeded and heard by the • Banking Offences and commercial bench of High Punishment Act, 2064, Court and court practices. • Judicial Administration Act, Subjects included in this Unit: 2073, • Investigation of case, • High Court Regulation, 2073, • Prosecution, • Decisions and notices issued by • Confinement and application Nepal Government regarding over confinement, allocation of commercial bench.

Session 23 Provision on Guarantee …1 Objective of the Session: • Existing legal provisions on At the end of this session, the Guarantee, participants will be: • Court practice. • Acquainted with the theoretical Reference Materials: concept of guarantee, existing • Mark Hop good QC, Paget's laws and court practices. Law of Banking 13thedition. Subjects included in this Unit: • E. P. Ellinger, Ellinger's modern • Concept and definition of Banking law. Guarantee, • Principles of Guarantee, • Banking Offences and • Types of Guarantee, Punishment Act, 2065, • Counter Guarantee, • Security Transaction Act, 2063, • Relation of Guarantee in debt, • National Civil Code, 2074, • Procedure to be fulfilled for • Directives of Nepal Rastriya Guarantee, Bank. • Conditions for revoking or non- • Directives of various banks revoking of Guarantee, regarding Guarantee.

Session 24 Provision on Guarantee …2 Objective of the Session: • Liability of promoters and board At the end of the course the of members of company, participants will be: • Liability of guarantor in banking • Informed about guarantor’s offences, obligation, related prevailing • Study on existing laws laws and court practices. concerning guarantee, Subjects included in this Unit: • Court practices on guarantee. • Liabilities of borrower over debt, Reference Materials: • Liabilities of joint family • Mark Hop good QC, Paget's members over debt, Law of Banking 13th edition. • Third party liability over debt, • E. P. Ellinger, Ellinger's modern Banking law. • Kabin Dhungel v. Debt • Banking Offences and Recovery Appeal Tribunal, Punishment Act, 2064, N.K.P 2068, Vol. 4, Decision No. • Security Transaction Act, 2063. 8605,

Session 25 Letter of Credit Objective of the Session: • Court Practices. At the end of the course, the Reference materials: participants will be: • Mark Hop good QC, Paget's • Knowledgeable regarding letter Law of Banking 13th edition, of credit, obligations under • UCP 500, letter of credit, procedure • UCP 600, applied and court practices. • Nepal Rastriya Bank Act, 2058, Subjects included in this Unit: • Banking Offences and • Definition, Types and various Punishment Act, 2064, aspects of Letter of Credit, • Banking and Financial • Procedure relating to opening of Institutions Act, 2073, letter of credit, its amendment, • Security Transaction Act, 2063, revocation, examination and • Nepal Government v. Bharat classification of documents and Bahadur Basnet N.K.P 2069, study of breach of clauses of Vol. 2, Decision No. 8767 and letter of credit, various other relevant • Liability under Letter of Credit precedents. • Scam of Letter of Credit and Banking offences,

Session 26 Arrangement on security Objective of the Session: Subjects included in this Unit: At the end of the course, the • Meaning and concept of security, participants will be: • Institutional and professional • Informed about security and along arrangement on security, with that its transaction, offences • Arrangement on security market, and punishment, relationship with banking offence and court practices. • Regulation, monitoring, • Court Practices. supervision and examination on Reference materials: functions of security, • Banking Offences and • Internal transaction of security Punishment Act, 2064, and offences relating to security • Security Act, 2063, transaction and punishment for • Various other existing laws such offences, concerning security, • Investigation and registration of • Judicial precedent concerning cases related to security, securities and internal • Its Impact in security market, transaction. • Relationship in between Banking offences and security,

Session 27 Negotiable Instrument Objective of the session : • Approval and clearance of At the end of the course, the negotiable instrument, participants will be: • Cheque bounce and cheque • Informed about the meaning, dishonor, concept, types, legal provisions • Offences relating to negotiable and court practices of instruments and provision for negotiable instrument. punishment, Subjects included in this Unit: • Major legal provisions in • Concept and definition of Negotiable Instrument Act, 2034, Negotiable Instrument, • Problems, challenges and • Types of Negotiable Instrument, solutions concerning negotiable • Parties of Negotiable Instrument instruments, and their rights and duties, • Court Practices. • Negotiable instrument, Darpit, Reference Materials: and submission, • Banking and Negotiable • Dishonor of negotiable Instrument, AC Kapoor. instruments and its reasonable • Banking Offences and time, Punishment Act, 2064, • Underlined cheque and its • Negotiable Instrument Act, 2034, negotiation, • Karna Bahadur Chand v. Karam N.K.P 2073, Vol. 1, Decision No. Singh Bhandari, N.K.P 2069, 9529, Vol.12, Decision No. 8927 • Nepal Government v. Durga (Case relating cheque dishonor), Karki, N.K.P 2072, Vol. 6, • Maheshwor Lal Shrestha v. Decision No. 9452. Bhishnu Maharjan, N.K.P 2070, • E. P. Ellinger, Ellinger's modern Vol. 1, Decision No. 8950 (Case Banking law. relating to cheque dishonor), • Chaudhary R.N. Banking Laws. • Shree Krishna Pariyar v.

Kathmandu District Court, et.al.

Session 28 Study on legal provisions concerning competition, promotions and protection of market Objective of the Session: • Major provisions of At the end of the course, the Competition, Promotions and participants will be: Market Protection Act, 2063, • Knowledgeable on theoretical • Competition Promotions and aspects, prevailing laws and good governance, court practices of competition, • Problems, challenges and promotions and protection of solutions relating to competition Market. promotions and market Subjects included in this Unit: protection, • Concept and Principles of • Court Practices. Competition, Promotions and Reference materials: Protection of market, • COMPETITION AND • Actions against fair competition, EFFICIENCY AS • Offences relating to actions ORGANISING PRINCIPLES against fair competition and FOR ALL ECONOMIC AND provisions for punishment, REGULATORY • Arrangements for investigation POLICYMAKING, OECD, of offences relating to actions Paul Crampton, 2003. against fair competition and • OECD (2017), Competition registration of petition on same, Assessment Toolkit: Volume 1. Principles, • Competitive Promotions and • Good governance (management Market Protection Act, 2063, and operation) Act, 2064, • Public Procurement Act, 2063, • Decisions of Supreme Court. • Public Procurement Regulation, 2064,

Session 29 Study on arrangement of liquidation Objective of the Session: • Action and Procedure of At the end of the course the liquidation, participants will be: • Court Practices regarding • Acquainted with principles and liquidation, conceptual aspects of • Major provisions of Liquidation liquidation along with Act, 2063, government attorneys' • Problems in liquidation concerned subject and court administration and its solutions. practices. Reference Materials: Subjects included in this Unit: • Liquidation Act, 2063, • Concept, introduction, and • National Civil Code, 2074, definition of liquidation, • Directives of Nepal Rastra Bank, • Principles of liquidation, • Interpretation of Court and • Liquidation and Concerned precedents areas of government attorneys,

Session 30 Study of legal provisions of Contract ….1 Objective of the Session: • Types of Contract, At the end of the course, the • Essential elements of Contract, participants will be: • Emergence/ Initiation of • Aware of principles, practical Contract, knowledge and court practices • Capable persons to perform regarding contract. Contract Subjects included in this Unit: • General Principles of Contract, • General Introduction of Contract, • Development of Contract law, • Court Practices relating to • Contract Law- Prof. Richard banking and financial Stone institutions and contract. • Cheshire and fifoot's Law of Contract 8th edition, G.C. Reference Materials: Chesire et al • National Civil Code, 2074, • Introduction to the Law of • BharatrajUpreti, kararkanoon, Contract, Stephen A. Smith 6th • J.C. Smith Contract 11th edition edition • Contract Law : The • Law of contracs, Amit Bajaj Fundamentals, Ryan Murry, &Puneet Bajaj Second Edition (2014) • Anson's Law of Contract 28th edition, J. Beatson

Session 31 Study of legal provisions concerning Contract….2 Objective of the Session: • Contract and offences in At the end of the course, the banking service, their relation participants will be: and limitations, • Aware of principles, practical • Provisions of Contract in Civil knowledge and court practices Code, 2074, regarding contract execution • Court Practices concerning and its remedies. Contract. Subjects included in this Unit: Reference Materials: • Contract and Third Party, • National Civil Code, 2074, • Sectoral dimensions of Contract, • BharatrajUpreti, KararKannon, • Fulfillment of contractual • J.C. Smith Contract 11th edition obligations, • Law of contract, Amit Bajaj • Breach of Contract, &Puneet Bajaj • Termination of Contract, • Anson's Law of Contract 28th • Remedies against breach of edition, J. Beatson contract, • Contract Law- Prof. Richard Stone • Cheshire and fifoot's Law of • Contract Law: The Contract 8th edition, G.C. Fundamentals, Ryan Murry, Chesire et al Second Edition (2014). • Introduction to the Law of Contract, Stephen A. Smith 6th edition.

Session 32 Arbitration in dispute resolution Objective of the Session: • Court Practices. At the end of the course, the • Analytical study of Arbitration participants will be: Act, 2055. • Aware about introduction, Reference Materials: purpose, importance, and • Russel on Arbitration, 23rd essential elements of arbitration, Edition, David St. John Sufton along with legal provisions and et al. court practices of such. • Law of International Commercial Arbitration, A. K. Subjects included in this Unit: Bansal • Introduction of Arbitration, • Law of Arbitration, Sambhu • Purpose and Importance of Dayal Sing et.al।. arbitration, • Das's Arbitration Act. • Essential elements of

Arbitration, • Commercial and Consumer Arbitration Statutes and Rules, • Qualification and recruitment M.J. Chapman. procedure of arbitrator, • Arbitration Act, 2055, • Cases to be resolved from arbitration, • International Financial Transaction Act, 2054. • Court’s jurisdiction in cases solved from arbitration,

5. Organized Crime Prohibition Law Curriculum Goal: To prepare specialized government attorneys in the field of Organized Crime Prohibition Law.

Curriculum Objective of the session: • To provide specialized knowledge relating to the concept of crime and to provide information on essential elements and nature of organized crime. • To provide information about the features of organized crime. • To provide specialized information about the nature, involvement, purpose and impact of organized crime and other crimes. • To provide special knowledge on national and international law related to organized crime. • To provide information about legal and institutional mechanism for the prevention of the organized crime in other countries. • To provide specialized knowledge about the legal provisions of the Organized Crime Prevention Act and its major arrangements in relations to the investigation, prosecution and judicial function. • To prepare specialized manpower that can effectively carry out investigation, prosecution, pleading and other related activities related to organized crime.

Model incorporated in the Curriculum The session shall be conducted being centered on 40% theoretical and 60% professional and practical matters in these subjects included under the course started for specialization of government attorney based on their professional development.

Subjects Incorporated in this curriculum 1. Conceptual Aspect of Crime, Criminal Participation & Jurisprudential Aspect of Organized Crime 2. Organized Crime and its Basic Features 3. International efforts against organized crime and approach of the UN system 4. Similarities and Differences between Traditional Crime, Group Crime and Organized Crime 5. Nature of Organized Crime: Local, Transnational, Regional and International 6. Major provisions of the United Nations Convention against Organized Crime and its implementation status 7. Transnational Organized Crime and Treaty and Agreements on Extradition and Mutual Legal Assistance 8. Major Features of United Nations Convention against Organized Crime and Nepalese Law: A Comparative Study 9. Nepalese Laws addressing the Organized Crime and its Implementation Status 10. Techniques used by organized criminal groups in Nepal and its impact 11. International efforts to control the organized narcotic drugs related crime and Nepalese law 12. Organized Human Trafficking and Transportation Crime and Nepalese Law 13. Human Smuggling and Organized Crime 14. Involvement of organized criminal groups in cybercrime and use of the technology 15. Organized Crime and Corruption 16. Organized crime and money laundering 17. Challenges and solutions of investigating crime related to organized money laundering crime 18. Status, challenges and solutions while prosecuting the money laundering-related organized crime cases 19. Judicial practice and areas of reform in money laundering-related organized crime cases 20. Cooperation and coordination to control financial investment in the money laundering and terrorism 21. Role, current status and areas of improvement of the Financial Information Unit in the investigation and control of crimes related organized money laundering 22. Terrorism and arms trafficking: An analysis of organized crime jurisprudence 23. Wildlife crime and its use by organized criminal groups 24. Impact of organized crime on theft, transportation and export of valuable goods 25. Organized crime observed on tax evasion, banking crime and financial institutions 26. Organized Crime in Nepal: Current Status, Challenges and Reforms in Investigation and Prosecution 27. Organized crime investigation technique and skills and required resources 28. Challenges and solutions in regard to the protection of victims and witnesses of organized crime

Session 1: Conceptual Aspect of Crime, Crime Participation & Jurisprudential Aspect of Organized Crime Objective of the Session: • Criminal obligation, To provide special knowledge about Participation in Crime and the conceptual aspects of crime and the Incomplete Crime in Modern jurisprudential aspect of the organized Law: A Discussion, Supreme crime. Court Bar Journal, Year 5, Subjects included in this Unit: Number 5, (2068), pp 1-26. • Essential elements of crime • Criminal Intentions in the • Criminal Acts and its essential Proposed Criminal Code: An elements Analytical Remarks, Supreme • Criminal intentions and types of Bar Journal, Year 6, Number 6, crime (2069), pp 1-40. • Participation in crime and its • Siezal, Dina, Henk Vande Bunt differences: single participation, and Damian Zaitch (eds.), group participation and (2003), Global Organized Crime: organized participation Trends and Development, • Organized crime on the basis of (Dordrech, The Netherlands: the elements of crime and its Kluwar Academic Publications). nature. • Adamoli Sabrina at. al., (1998), • Supreme Court’s view on crimes Organized Crime Around the and essential elements of crime. World (Helsinki: HEUNI). Reference materials: • Bill to Amend and Unify • Prof. Dr. Rajit Bhakta Prevailing Laws Related to Pradhananga (2073), An Criminal Offences, 2067, Introduction To The Criminal Section-Wise Interpretative Law, Kathmandu (3rd edition), Commentary, Lalitpur: National Lumbini Prakashan Judicial Academy, 2070

Session 2: Organized Crime and its Basic Features Objective of the Session: (2011), Nepalese Experience of • To provide knowledge about the Organized Crime: An Appraisal, conceptual aspects of crime Nepal Law Review (2011), • To provide knowledge about the Volume 21, pp 7-37. features of organized crime. • United Nations Center for Subjects included in this Unit: International Crime Presentation • Definition of organized crime Forum on Crime and Society, • Basic features of organized Volume 1, Number 2, December crime 2001 • Concepts of the organized crime • Siezal, Dina, Henk Vande Bunt • Scope and nature of the and Damian Zaitch (eds.), organized crime (2003), Global Organized Crime: Reference materials: Trends and Development, • The UN Convention Against (Dordrech, The Netharlands: Transnational Organized Crimes, Kluwar Academic Publications). 2000 • Adamoli Sabrina at. al., (1998), • Organized Crime Prevention Act, Organized Crime Around the 2070 World (Helsinki: HEUNI). • Organized Crime: An • Bill to Amend and Unify Introduction (Source Material), Prevailing Laws Related to National Judicial Academy, Criminal Offences, 2067, Nepal (2608) Section-Wise Interpretative • Prof. Dr. Rajit Bhakta Commentary, Lalitpur: National Pradhanga and Balram Raut Judicial Academy, 2070

Session 3 International efforts against organized crime and approach of the UN system Objective of the Session: • To provide knowledge about the • To provide knowledge about approach of UN system. international efforts against Subjects included in this Unit: organized crime, • Development scenario of concept of Organized Crime. • Models of Organized Crime • United Nations Center for • Major Offences occurred International Crime Presentation Internationally as organized Forum on Crime and Society, crime. Volume 1, Number 2, December • Approach to organized crime in 2001 the UN system. • Siezal, Dina, Henk Vande Bunt • Conceptual development of and Damian Zaitch (eds.), organized crime in Nepal and (2003), Global Organized Crime: Present Situation. Trends and Development, Reference materials: (Dordrech, The Netharlands: • The UN Convention Against Kluwar Academic Publications). Transnational Organized Crimes, • Adamoli Sabrina at. al., (1998), 2000 Organized Crime Around the • Organized Crime Prevention World (Helsinki: HEUNI). Act, 2070 • Bill to Amend and Unify • Organized crime: An Prevailing Laws Related to introduction (Resource material), Criminal Offences, 2067, National Judicial Academy, Section-Wise Interpretative Nepal (2608) Commentary, Lalitpur: National Judicial Academy, 2070

Session 4 Similarities and Differences between Traditional Crime, Group Crime and Organized Crime

Objective of the Session: • Differences, stage of crime and • To provide jurisprudential and liability in traditional offenses legal knowledge on the with individual involvement and similarities and differences traditional offenses committed between traditional crime, group by the group. crime and organized crime. • Prevailing legal provision and Subjects included in this Unit: Supreme Court's view on • Essential elements and stages of traditional offenses with traditional crime, group crime individual involvement and and organized crime. traditional offenses committed by the group. • Conditions where traditional Pradhanga (2068), Criminal offenses may or may not be Libility, Participation in the Crime, considered as an organized and Inchoate crimes in Modern crime. Criminal Law Jurisprudence: A • Differences and inter-relations discussion, Supreme Court Bar between traditional crime, group Journal, Year 5, Volume 5, pp 1-26 crime and organized crime. • Differences between modern • Siezal, Dina, Henk Vande Bunt and organized crime and traditional Damian Zaitch (eds.), (2003), organized crime. Global Organized Crime: Trends • Supreme Court’s view on and Development, (Dordrech, The organized crime. Netharlands: Kluwar Academic Reference materials: Publications). • Constitution of Nepal, 2072 • Adamoli Sabrina at. al., (1998), • National Criminal Code, 2074 Organized Crime Around the • National Criminal Procedure Code, World (Helsinki: HEUNI). 2074 • Bill to Amend and Unify • Organized Crime Prevention Act, Prevailing Laws Related to 2070 Criminal Offences, 2067, Section- • The UN Convention Against Wise Interpretative Commentary, Transnational Organized Crimes, Lalitpur: National Judicial 2000Prof. Dr. Rajit Bhakta Academy, 2070

Session 5 Nature of Organized Crime: Local, Transnational, Regional and International

Objective of the Session: • Regional nature of organized • To provide knowledge on local, crime. transnational, regional and • Transnational nature of international nature of the organized crime. organized crime • Local nature of organized crime (in different countries) Subjects included in this Unit: • Nature of the organized crime in • International nature of organized Nepalese context. crime. Reference materials: • The UN Convention Against Forum on Crime and Society, Transnational Organized Crimes, Volume 1, Number 2, December 2000 2001 • Organized Crime Prevention Act, • Bill to Amend and Unify 2070 Prevailing Laws Related to • Organized Crime: An Introduction Criminal Offences, 2067, Section- (Resource material), National Wise Interpretative Commentary, Judicial Academy, Nepal (2068) Lalitpur: national judicial Academy, • United Nations Center for 2070 International Crime Presentation

Session 6 Major provisions of the United Nations Convention against Organized Crime and its implementation status Objective of the Session: Reference materials: • To provide knowledge about the • The UN Convention Against major provisions of the United Transnational Organized Crimes, Nations Convention against 2000 Organized Crime. • Organized Crime: An • To provide knowledge about the introduction (Resource material), implementation status of the National Judicial Academy, convention Nepal (2068) Subjects included in this Unit: • United Nations Center for • Major provisions of the United International Crime Presentation Nations Convention against Forum on Crime and Society, Organized Crime. Volume 1, Number 2, December • Implementation status of the 2001 convention

Session 7 Transnational Organized Crime and Treaty and Agreements on Extradition and Mutual Legal Assistance Objective of the session: provide jurisprudential and legal To provide knowledge on impact of knowledge on mutual legal assistance, transnational organized crime, and to extradition and treaty and agreement to • Extradite or prosecute principle control the organized crime. (Aut dedare, aut judicare Rule) Subjects included in this Unit: • Implementation status of • Meaning and nature of Nepalese laws on extradition transnational organized crime. and mutual legal assistance. • Impact of transnational • Provisions related to Extradition organized crime at national and and Mutual Legal Assistance international level. Act, 2070 • The offenses related to the Reference Material: transnational organized crime. • Constitution of Nepal • National and international • National Ain, 2020 efforts to prevent transnational • National Criminal Code Act, organized crime and its 2074 implementation status (the • Organized Crime Prevention major provisions of the Act, 2070 Convention against • Research based Study on Transnational Organized Crime, Impact of Organized Crime Law, Conventions against the Office of the Attorney General, Terrorism, and the international Nepal, Criminal Criminology and regional conventions related Research Center, 2074 to human trafficking and • Mutual Legal Assistance Act, transportation). 2074 • Relations between extradition • Extradition Act, 2070 and human rights • United Nations Convention • Extradition and refugees against Organized Crime, 2000.

Session 8 Major Features of United Nations Convention against Organized Crime and Nepalese Law: A Comparative Study Objective of the session: Subjects included in this Unit: • To know about the compatibility • Major provisions of the of Nepalese law with the United Organized Crime Prevention Nations Convention against Act, 2070 Organized Crime. • Comparison of those provisions • Research based Study on with the UN Convention against Impact of Organized Crime Law, Organized Crime, 2000 Office of the Attorney General, Reference Material: Nepal, Criminal Criminology • The UN Convention against Research Center, 2074 Transnational Organized Crimes, • Bill to Amend and Unify 2000 Prevailing Laws Related to • Organized Crime Prevention Criminal Offences, 2067, Act, 2070 Section-Wise Interpretative • Organized Crime: An Commentary, Lalitpur: National Introduction (Resource material), Judicial Academy, 2070 National Judicial Academy, Nepal (2068)

Session 9: Nepalese Laws addressing the Organized Crime and its Implementation Status Objective of the session: rights, and freezing, seizure and To provide legal knowledge regarding confiscation of property the features and major provisions of the Reference Material: Organized Crime Prevention Act, 2070. • Constitution of Nepal, 2072 Subjects included in this Unit: • Organized Crime Prevention • Background of Organized Act, 2070 Crime Control Act, 2070 • Bill to Amend and Unify • Major Objective of the session Prevailing Laws Related to of Organized Crime Control Act, Criminal Offences, 2067, 2070 Section-Wise Interpretative • Major features of Organized Commentary, Lalitpur: National Crime Control Act, 2070 Judicial Academy, 2070 • Major provision on extraterritorial jurisdictional

Session 10: Techniques used by organized criminal groups in Nepal and its impact Objective of the session: groups in Nepal, its effect and the To gain an understanding of the nature of the offense of the organized techniques used by organized criminal criminal group. Subjects included in this Unit: • Challenges in identifying and • Identification of advanced operating the information techniques used by organized technology in criminal groups while observing/studying the activities committing crime. of the criminals groups in • Provide information about the micro-level. hierarchical structure of Reference Material: organized criminal group and • Organized Crime Prevention information and communication Act, 2013(2070) media/mechanism. • Electronic Transaction Act, • Role of information and 2008 (2063) communication in maintaining • Revenue Investigation and order and discipline as per the Punishment Act, 1995(2052) hierarchical structure of • World Heritage and Wildlife organized criminal group. Conservation Act, 1972(2029) • Challenges to implement the • International Trade Control Act provision related to information of Endangered Wildlife and interception, as provided by the Plants Act, 2016( 2073) Organized Crime Prevention • The Prevention of Corruption Act Act, 2002 (2059) • Misuse of technology by • Nepal Rastriya Bank Act, 2001 organized criminal group; (2058). Modus Operandi

Session 11: International efforts to control the organized narcotic drugs related crime and Nepalese law Objective of the session: illegal narcotic drug trafficking • To gain knowledge about the and abuse. involvement of organized criminal • Nepalese legal arrangements to groups in drug related crimes, along control and prevention of with the prevailing Nepalese legal narcotic drug trafficking, prior provisions to control it. to 1976 (2033) Subjects included in this Unit: • Role of Narcotic Drug • Provisions of international Prevention Bureau in narcotic treaty and agreement to control drug cases • Impact of organized criminal • United Nations Convention on groups on narcotic drug the Illegal Trafficking of Drugs trafficking in Nepal and Psychotropic Substances • Impact and nature of organized and Trafficking, 1988 criminal groups on drug • International Drug Control trafficking and drug abuse Board (INCB) • Legal provisions to control the • Drug Control and Punishment organized crime in Narcotic Act, 1975(2032) Drug (Control) Act, 1976 (2033) • Narcotic Drug (Control and and Drug Act, 1978(2035). Punishment) Act, 1976(2033) • Supreme Court’s perspective on • Drug Act, 1978(2035) organized narcotic drug related • Prof. Dr. Rajit Bhakta crime. Pradhananga and Narayan Reference Material: Prasad Paudel (2012), Nepal • UN Convention on Drugs, the Law Review, 2012, Volume 23, Single UN Convention, 1961 Page 7-22. • United Nations Convention on • Precedents established in the Psychotropic Substances, 1971 Narcotic Drug relating case; • The amended Protocol, 1972 to N.K.P 2071, Volume 5, Decision. the United Nations Convention No. 9164 (Nepal Government on Drugs, 1961 Vs. Raju Lama)

Session 12: Organized Human Trafficking and Transportation Crime and Nepalese Law Objective of the Session: • International legal provisions to To gain special knowledge about the control and prevent the human involvement of organized criminal trafficking and transportation groups in crimes related to human • Nepalese past commitments and trafficking and transportation and legal provisions to control existing Nepalese legal provision to human trafficking and control it. transportation • Impact of organized criminal Subjects included in this Unit: groups on human trafficking and • Nature and structure of transportation in Nepal organized human trafficking and transportation crimes • Nature of organized criminal transportation prohibition and groups in human trafficking and control, particularly of women transportation and children) convention 2000 • Legal provisions to control the • The provision to control the human trafficking and organized crime in United transportation Nations Global Initiative to • Supreme Court's view on the Fight Human Trafficking, 2007 cases of human trafficking and • The Human Trafficking and transportation, which are transportation(Control) Act, organized crime in nature 2063 Reference Materials: • Mahesh Sharma Poudel and • Provisions to control organized Hari Prasad Joshi (2071), crime in Convention Against Human Trafficking and Slavery, 1926 Trafficking Offenses, • The United Nations Convention Prevention of Crime Against on International Relations, Women and Children, Resource Organized Crime Control in material, Office of the Attorney 1930 General • The United Nations Convention • Precedent established in the on the Prevention of Human Human Trafficking Case of Trafficking and Exploitation in Goma Devi Panchkot vs. the Prostitution, organized crime Government of Nepal, N.K.P. control in 1949 2072,Volume 1, Decision • UN Protocol on status of Number 9333 refugees and human trafficking, • Precedent established in the 1967, the provision to control Human Trafficking Case of Som the organized crime. Bahadur TamangVs. • The provisions regarding Government of Nepal, N.K.P. organized crime control on 2073, Volume 9, Page 1719, Palermo (human trafficking and Decision Number 9677

Session 13: Human Smuggling and Organized Crime Objective of the Session: Subjects included in this Unit: To gain special knowledge of human • Definition of human smuggling smuggling and organized crime • Differences between human Exploitation of the Prostitution trafficking and human of Others, 1949 smuggling • Provisions related to control of • Methods of human smuggling organized crime in Protocol and challenges to control Relating to the Status of • Impacts of organized crime in Refugees, 1967 human smuggling • The provisions regarding • Nepalese laws on human organized crime control on smuggling control Palermo (human trafficking and Reference Materials: transportation prohibition and • United Nations Convention control, particularly of women against Transnational Organized and children) convention 2000 Crime, 2000 • Provisions related to control of • Provisions related to control of organized crime in United organized crime in Slavery Nations Global Initiative to Convention, 1926 Fight Human Trafficking • Provisions related to control of (UN.GIFT), 2007 organized crime in Convention • Human Trafficking and for the Suppression of the Transportation (Control) Act, Traffic in Persons and of the 2064

Session 14: Involvement of organized criminal groups in cybercrime and use of the technology Objective of the Session: accomplish their criminal • To gain knowledge of the nature of objective. crime committed by organized • What kind of electronic tools criminal groups through electronic and means do organized means and the current status of criminal groups use to misuse of advanced technology by accomplish their criminal organized criminal groups to objective commit crime. • Use of cybercrime by the Subjects included in this Unit: organized criminals to expand • How organized criminal groups their network, along with misuse electronic means to regulate and control the 2063 to control the organized members of its network. crime • United Nations Proposal on Reference materials: Controlling the Misuse of • The Budapest Electronic Information Convention on Cybercrime, Technology in Organized Crime 2001 Expansion, 1990 • Regional Conventions of The • Efforts and Practices of Commonwealth Nations, the European Union and American Asia-Pacific Economic to control organized crime Cooperation Organization • Legal provisions related to (APEC), the Commonwealth control of organized crime by Nations Organization, the Gulf the use of electronic transactions, Nations Organization, the as provided by the regional African Union's Regional conventions of Asia-Pacific Convention on Electric Economic Cooperation Transactions, Organization, the • Computer crime, Internet crime, Commonwealth of Nations, the information crime, Gulf Cooperation Council, and communication crime and study African Union. materials crime related to • The changing nature of technology cybercrime and its use in the • American model law on expansion of organized crime cyberspace crime networks • Proposals adopted by the United • Basic things to consider while Nations, International Economic investigating and prosecuting Cooperation and Development such crimes Organization, G4 Group • Implementation status of the • Electronic Transaction Act, Electricity Transaction Act, 2063

Session 15 Organized Crime and Corruption Objective of the Session: groups in corruption and its • To provide legal knowledge and international standards and information regarding the efforts. involvement of organized crime Subjects included in this Unit: • Definition, purpose and • Money laundering Prevention essential elements of corruption act 2064 • Relationship between corruption • Annual monuments published and organized crime by the Commission on • Forms of corruption conducted Investigation of Abuse of in an organized manner Authority • Major areas of corruption used • Prof. Dr. Ranjit Bhakta by the organized criminal group Prdhanaga et al(2067), Issues • A legitimate investment method seen in the formulation and of assets acquired through implementation of corruption corruption or criminal activity control strategies, An Analysis, and the condition where it is not Kanun, pg. 3-17 identified. • Prof. Dr. Rajit Bhakta • Corruption and criminal market Pradhananga and Balram P. (investment in real estate, stock, Raut (2008), Corruption: etc.). Concept, Theory and Judicial Reference material: Practices in Nepal, Nepal Bar • Constitution of Nepal 2072 Council Law Journal • Corruption (Prevention) Act • UN Convention Against 2059 Corruption, 2003 • Organized Crime Prevention Act 2070

Session 16 Organized crime and money laundering Objective of the session: • Correlation between organized • To provide legal knowledge crime and money laundering. about the organized crime and • Methods of money laundering money laundering, along with • Areas of money laundering international standards and • Impact of money laundering on efforts, and Supreme Court’s national economy perspective on it. • National and international efforts to prevent money Subjects included in this Unit: laundering • Meaning and definition of • Comparative study of the money laundering practices to control the organized crime and offense • Money Laundering Prevention related to money laundering Act, 2064 • Co-relation between Organized • Mutual Legal Assistant Act, Crime Prevention Act, 2070 and 2070 Money Laundering Prevention • Extradition Act, 2070 Act, 2064 • Money Laundering Prevention • Supreme Court’s Perspective Magazine,Vol.1, Year 1, 2069, regarding the money laundering. Government of Nepal, Ministry Reference Material: of Finance, Department of • Constitution of Nepal, 2072 Money Laundering • Organized crime Prevention Act, • E.P. Ellinger, Ellinger’s Modern 2070 Banking Law, p.94

Session 17: Challenges and solutions of investigating crime related to organized money laundering crime Objective of the session: • Key issues and challenges • To develop specialized observed in crime investigation knowledge and skills for the • Ways to address the problem investigation of organized Reference Material: money laundering crime • UN Convention on Subjects included in this Unit: Transnational Organized Crime, • Basic issues while investigating 2000 organized money laundering • Organized crime Prevention Act, crime 2070 • Areas of crime investigation • Money Laundering Prevention • Comparative study of crime Act, 2064 investigation method and • Mutual Legal Assistant Act, system 2070 • Step-wise investigative • Extradition Act, 2070 processes in relation to the freezing, seizure and confiscation of property

Session 18: Status, challenges and solutions while prosecuting the money laundering-related organized crime cases Objective of the session: laundering related organized • To develop specialized crime knowledge and skills for the • Major issues and challenge that prosecution of money may be observed in crime laundering-related organized prosecution. crime cases. • Ways to address the problem Subjects included in this Unit: Reference Material: • Basic issues while prosecuting • UN Convention on organized money laundering Transnational Organized Crime, crime 2000 • Comparative study of • Organized crime Prevention Act, investigation method and 2070 system of prosecuting money • Money Laundering Prevention laundering related organized Act, 2064 crime • Mutual Legal Assistant Act, • Fundamental aspects while 2070 prosecuting the money • Extradition Act, 2070

Session 19: Judicial practice and areas of reform in money laundering-related organized crime cases

Objective of the session: the organized crime related to • To improve the weakness money laundering observed in the investigation • Prevailing condition of and prosecution of money investigation and prosecution laundering-related organized and areas of improvement crime and to make investigation • Existing practice and areas of and prosecution effective. improvement of organized Subjects included in this Unit: crime related to money • Fundamental aspects while laundering investigating and prosecuting • Areas of reforms in the relevant legislation • Problems and areas of • Organized crime Prevention Act, improvement in judicial practice 2070 of organized crime related to • Money Laundering Prevention money laundering. Act, 2064 Reference Materials: • Mutual Legal Assistant Act, • United Nations Convention 2070 against Transnational Organized • Extradition Act, 2070 Crime, 2000

Session 20: Cooperation and coordination to control financial investment in the money laundering and terrorism Objective of the session: • Practices to prevent and control • To gain knowledge about the financial investment in money control of financial investment laundering and terrorist in the money laundering and activities terrorism activities. • Efforts to prevent and control Subjects included in this Unit: financial investment in money • Step-wise structure in regard to laundering and terrorist financial investment on money activities in Nepal laundering and terrorism • Areas of cooperation, activities. coordination and reform of • Areas of financial investment on related investigation bodies in money laundering and terrorism current Nepalese scenario activities. Reference Materials: • Nature and interrelation of • United Nations Convention financial investment in against Transnational Organized organized crime, money Crime, 2000 laundering and terrorist • Organized crime Prevention Act, activities 2070 • Need of cooperation and • Money Laundering Prevention coordination in crime related to Act, 2064 financial investment in money • Mutual Legal Assistant Act, laundering and terrorist 2070 activities. • Extradition Act, 2070 • Responsibility of coordinating • E.P. Ellinger, Ellinger’s Modern and member state of Banking Law, p.g. 94 international and regional cooperation Session 21: Role, current status and areas of improvement of the Financial Information Unit in the investigation and control of crimes related organized money laundering • Current status of information on Objective of the session: financial investment in the • To provide specialized organized money laundering knowledge on the role of and terrorist activities and its Financial Information Unit in reform areas. the investigation and control of • Areas of cooperation and organized money laundering coordination and improvement crimes of Financial Information Unit Subjects included in this Unit: with the concerned agencies in • Role of Financial Information relation to the receipt of Unit in the investigation and information. control of organized crime Reference Materials: related to money laundering • United Nations Convention • Nature of Financial Information against Transnational Organized Unit and the current state of Crime, 2000 information flow in Nepal • Organized Crime Prevention • Role and practice of Financial Act, 2070 Information Unit for the • Money Laundering Prevention investigation and control of Act, 2064 financial investment in • Mutual Legal Assistant Act, organized money laundering 2070 and terrorist activities • Extradition Act, 2070

Session 22: Terrorism and arms trafficking: An analysis of organized crime jurisprudence Objective of the session: • Nature of terrorism • To inform about various aspects • Purpose of terrorism of crime related to terrorism and • Forms of terrorism arms trafficking and to provide • Causes of terrorism special knowledge about its • Use of weapons in terrorism relation and attraction of • International counterterrorism organized crime groups. arrangements Subjects included in this Unit: • Relationship between terrorism • SAARC Regional Convention and organized crime on the Suppression of • Methods of selling weapons to Terrorism,1987 terrorist groups • United Nations Convention • Arrangements and efforts to Against Organized Crime,2000 control terrorism in Nepal • Tokyo Convention on Offences Reference material: and Certain other Acts • Convention for the Suppression Committed on Board of Unlawful Seizure of Aircraft,1963 Aircraft,1970 • The Hague Convention on • Convention on the Prevention Hijacking of Aircraft 1970 and Punishment of Crimes • Terrorist and Disruptive Against Internationally Activities (Prevention) Act, Protected Persons,1973 1985, India • International Convention against • Terrorism Act, 2000, England the Taking of Hostages,1979 • Money Laundering Prevention • International Convention for the Act, 2064 Suppression of Terrorist • Crime against State and Bombings,1997 Punishment Act, 2046 • United Nations Convention on • Public Security Act, 2046 Organized Crime,2000

Session 23 Wildlife crime and its use by organized criminal groups Objective of the session: • Involvement of organized group • To provide special knowledge in wildlife crime about the relationship between • Transportation of wildlife wildlife crime and organized • Legal provisions related to crime. national parks and wildlife Subjects included in this Unit: • Supreme Court's Perspective on • Wildlife listed as protected wildlife crime cases wildlife Reference Material: • Reasons for the protections • Study Report on the • Causes of wildlife crime implementation statue of the • Areas of wildlife crime case related to the offense under • Nature of wildlife crime the National Park and Wildlife Protection Act, 2029, Office of • An Act to Regulate and Control the Attorney General, prepared International Trade in on 2071/07/27 Endangered Wild Fauna and • Special Issue of First National Flora, 2073 Conference of Government • Precedent Established in Illicit Attorney, 2073, Office of the selling of Rihno’s horn case in Attorney General Surya Bahadur Pun Vs. • National Parks and Wildlife Government of Nepal, NKP Conservation Act, 2029 2069,Vol.3, Decision number 8784

Session 24: Impact of organized crime on theft, transportation and export of valuable goods Objective of the session: • Challenges in control and law • To provide knowledge about the enforcement of prohibited goods, criminal nature of organized wildlife, herbs, pesticides, due criminal groups in the theft, to theft and export by the transportation and business of organized criminal groups. valuable goods. • Modus Operandi of theft and Subjects included in this Unit: export of valuable goods by the • Illegal trade of gold, horn of organized criminal groups. rhinoceros, illegal collection of • Nature of valuables goods, its herbs including Yarsagumba, changing nature, and impact of theft and export, and the nature the expansion of the organized of transactions, adopted by crime network. organized criminal group to • Effectiveness and fulfill their objective. implementation of prevailing • Engagement of organized Nepalese laws to control the criminal groups in crime of theft organized crime. of antique and archaeological Reference Materials: items. • Organized Crime Prevention • Impact of organized criminal Act, 2070 group on theft and export along • Customs Act, 2064 with negotiable instruments • Revenue Leakages related offense. (Investigation and Control) Act, 2052 • Wildlife Conservation Act, 2029 • Nepal Rastra Bank Act, 2058 • Prevention of Corruption Act, 2059

Session 25 Organized crime observed on tax evasion, banking crime and financial institutions Objective of the session: • Modus Operandi of organized • To gain knowledge about the criminal group in the revenue nature of organized criminal and tax administration. group in tax evasion, banking • Modus Operandi of criminal crime and financial sector crime, group members in the banking and the impact of organized sector. crime groups in Nepal. • Impacts of organized crime Subjects included in this Unit: group on tax evasion, banking • Introduction to the areas of offenses and financial revenue leakage institutions, and the • Affiliation and coordination of effectiveness of the law and organized criminal groups with implementation status. the customs, security agencies, Reference material: tax administration related bodies • Customs Act, Income Tax Act, • Involvement of organized Value Added Tax Act, Excise criminals in the banking sector Duty Act, Nepal Rastra Bank and owning the shares Act, Banking and Financial • The inter-relationship between Institution Act, Revenue bank scams and organized Leakage (Investigation and criminal groups and its impact Control) Act, Company Act, in Nepal Organized Crime Prevention • The nature of the coordination Act. between tax administration • Cases related to abuse of the system, tax administration Value Added Tax Act and fake officials and criminal group. VAT bills • Cases of money laundering by banks and financial institutions.

Session 26: Organized Crime in Nepal: Current Status, Challenges and Reforms in Investigation and Prosecution Objective of the session: • Practical challenges faced • To provide specialized during the investigation and knowledge on practices and prosecution of organized crime challenges on the investigation • Improvements required in the and prosecution of organized investigation and prosecution of crime. organized crime. Subjects included in this Unit: Reference Material: • Practice regarding the • Investigative Studies on investigation and prosecution Assessment of Impact of • Special investigation bodies Organized Crime Law, Office of • Interpol the Attorney General, Criminal • Nepal Central Investigation Investigation Center, 2074 Bureau • Organized Crime Prevention • Drug Control Bureau Act, 2070 • Valley Crime Investigation • Bipin Adhikari and Kiran Division Poudel (edit) (2070), • Mistakes observed in the Government Attorneys in Crime investigation of organized crime Investigation and Prosecution, • Mistakes observed in the Nepal Constitution Foundation, prosecution of organized crime Kathmandu.

Session 27: Organized crime investigation technique and skills and required resources Objective of the session: • Formation of special • To provide specialized investigation teams and knowledge about organized procedures. crime investigation technique • Controlled delivery and required skills and resources. • Undercover operation Subjects included in this Unit: • Resources and human resources • Investigation bodies and tiers required to conduct controlled delivery and undercover operation • Investigation process Organized Crime Law, Office of • Special provisions on the Attorney General, Criminal investigation. Investigation Center, 2074 • Skills and resources required to • United Nations Convention investigate organized crime. against Transnational Organized Reference Material: Crime, 2000 • Investigative Studies on • Organized Crime Prevention Assessment of Impact of Act, 2070

Session 28: Challenges and solutions in regard to the protection of victims and witnesses of organized crime Objective of the session: • Special arrangements for • To provide specialized statement given by witness and knowledge about the challenges cross-examination. and solutions in regard to the Reference Material: protection of victims and • Victim Manual, 2070, Office of witnesses of organized crime the Attorney General Subjects included in this Unit: • United Nations Convention • Concept of victim and witness against Transnational Organized protection. Crime, 2000. • Purpose victim and witness • Declaration of Basic Principles protection. of Justice for Victims of Crime • Issues on Victims protection and Abuse of Power, 1985 • Rights of the victim. • Investigative Studies on • Protection of victims and Assessment of Impact of witnesses. Organized Crime Law, Office of • Special arrangements for the the Attorney General, Criminal protection of victims and Investigation Center, 2074 witnesses. • United Nations Convention • Use of fictitious names for the against Transnational Organized purpose of the statement given Crime, 2000 by witness. • Organized Crime Prevention • Use of audio visual. Act, 2070

5. Cyber Crime A syllabus prepared for the attorneys regarding the cyber laws Syllabus goal: to prepare specialized attorneys on the subject of cyber crime related laws Objective of the syllabus: the trained attorneys shall be acquainted with: 1. Cyber laws and its fundamental aspects. 2. Existing Legal provision of other states regarding cyber laws and international laws 3. Existing laws regarding cyber crimes control, its provisions and application 4. The investigation process, prosecution, judicial process and case procedure on cyber crime control. 5. Various aspects of the interrelationship between cyber laws and organized crime 6. Judicial perspective of courts on cyber crime related cases 7. The areas to reform on cyber crime control after identifying its challenges and difficulties 8. Prosecution along with the evaluation of objective evidences to direct the investigation of cyber crime and plead such a case in front of court.

Pattern of training syllabus: The subjects included in the curriculum, prepared to specialize the government attorney by focusing in their professionalism, shall include 40% theoretical and 60% professional and practical aspects in each and every training session.

Table of Contents

1. Introduction to Computer 2. Computer Hardware, Software, Operating System and its use in Nepal 3. Origins, Development and Use of Internet 4. Information Technology and Lawyer 5. Intranet and Network protocols in ICT 6. Cyber Jurisprudence 7. Usage of Digital Signature, IT ethics and culture in Information and Communication Technology 8. National Policies on Cyber Regulation 9. National Laws on Cyber Regulation 10. Comparative Study of Cyber Crime Legislations 11. International Laws (Budapest convention, UNCITRAL Model etc.), regional conventions and policies on Cyber Regulation 12. International Laws (UN convention, European convention) on Cyber Regulation 13. Institutions for Cyber law enforcement of Nepal 14. Cyber crime and its Investigation, Prosecution and Adjudication System in Nepal 15. Online Media / Social Media and piracy in Nepal 16. Online media, future and prosecution in Nepal 17. E-Commerce and E-Governance in Nepal 18. E-Attorney Project and future plan of OAG IT sector 19. Nature and types of Cyber Crimes 20. Challenges in Cyber Crime Investigation 21. Cybercrimes and their Relation with financial Crime 22. Cybercrimes and their Relation with Other Crimes 23. New Trend of Cyber Crime 24. VoIP and Call Bypass 25. VoIP and Call Bypass investigation and major cases 26. Computer and Data Security 27. Electronic Evidence / Digital Evidence 28. Investigation Status of Cybercrimes and its Challenges in Nepal 29. Prosecution of Cybercrimes and its Challenges in Nepal 30. Cybercrimes and the Areas of International Cooperation 31. Cybercrimes and Human Rights 32. the role of attorney in cybercrime relating to plead and defense 33. the challenges in the investigation and prosecution of cybercrimes and the role of the attorney. 34. Panel discussion: the challenges in investigation and prosecution of cybercrimes and the role of the attorney.

Session 1 Introduction to Computer Objective of the session: Reference Material • At the end of this session 1. Cyber laws, Premier publishing participants will be familiar company, 2008 about the general knowledge of 2. Fundamentals of Computer -Er. computer, the history of Shankar N Adhikary & Dilli computer and its type and Prasad Sharma, published by effects. Buddha Publication Subjects included in this Unit: 3. Information Technology law- • Introduction of Computer / Dr.S.R. Myneni, Asian law house Electronic Devices 1st Edition, 2013 • History of Computer 4. Cyber Laws-K. Mani , Kamal • Types of Computer Publishers, 2008 • Functions of Computer 5. K Pardurangan e-Justice, • Use of computer and its pros and Practical guide for the Bench and cons the Bar • Use of computer and Security Systems

Session 2 Computer Hardware, Software¸ Operating System and its use in Nepal

Objective of the session: of the computer and its uses in • At the participants will be Nepal. informed about the Hardware, Subjects included in this Unit: software and Operating system • Introduction of Hardware and Prasad Sharma, published by Software Buddha Publication • Software technology 3. Cyberspace and the cyber law – • Operating System and Types of Narayan Prasad Sharma, Operating System published by Koselee Prakashan, • Usage of computer in the context 2015 of Nepal 4. Cyber Laws-K. Mani, Kamal Reference Material Publishers, 2008 1. Computer law, Edited by Chris 5. K Pardurangan e-Justice, Reed, 2000 Practical guide for the Bench and 2. Fundamentals of Computer -Er. the Bar Shankar N Adhikary & Dilli

Session 3 Origin, Development and Use of Internet

Objective of the session: • Origin and development of • In this session, the participants Internet will be informed about the • Internet and services of Internet introduction, origin, use and • Internet supplier and owner. development of internet. • World Wide Web (WWW) and Subjects included in this Unit: Internet • Introduction to Internet and • Virtual reality Internet Domain Name System • Internet Jurisdiction • Country Code Top Level Domain • Use of Internet and It's advantages, Administration and Operations limitations and threat • Domain name dispute and its Reference Material resolution • Internet of Things (IoT) 1. Information Technology law- 3. Cyber Laws-K. Mani , Kamal Dr.S.R.Myneni, Asian law house 1st Publishers, 2008 Edition, 2013 4. Internet Law, By Chris Reed, 2. Fundamentals of Computer -Er. Universal Law Publishing Co., Second Shankar N Adhikary & Dilli Prasad Edition 2010. Sharma, published by Buddha Publication

Session 4 Information Technology and Lawyer Objective of the session: Reference Material • In this session, the participants 1. Information Technology and will be informed about the use Lawyers by Arno R. Lodden & Anja of Information Technology and Oskamp, Springer Publication, 2006 its role in lawyer's functions. 2. Information Technology Law-S.R. Subjects included in this Unit: Myneni, Asian law House • Information/Communication 3. The Lawyer's Guide to Social Technology and Law Networking, John G. Browning, • ICT for Lawyers Thomson Reuters, South Asian Edition, • Technology and the involvement 2012 of Lawyers in legal Profession

Session 5 Intranet and Network protocols in ICT Objective of the session: intranet, extranet, Network • In this Session, the participants protocol. will be familiar about the Subjects included in this Unit: • Introduction to Network • Introduction to Intranet Reference Material • Introduction to IT and ICT 1. Fundamentals of Computer -Er. • Network Protocols Shankar N Adhikary & Dilli Prasad • How data travel in the internet Sharma, published by Buddha • Use of Intranet, its benefits and Publication limitations 2. Information Technology Law-S.R. • Extranet Myneni, Asian law House

Session 6 Cyber jurisprudence Objective of the session: 2. Cyber Jurisprudence; Evolution • In this Session, the participants of Cyber Laws By Shahid Jamal will familiar about the Cyber Tubrazy on www.academia.edu Jurisprudence and its origin. 3.http://www.legalservicesindia.co Subjects included in this Unit: m/article/1987/Cyber- • Introduction of cyber Jurisprudence-An- jurisprudence Internalisation-In-Indian- • Evolution of cyber jurisprudence Matrix.html in Nepal 4. Some Cyber Crime cases of • Nature and prevalence of cyber Kathmandu Valley. cases in the Kathmandu valley 5. Atal Jain, Cyber Crime, Issues, Reference Material Threats and Management 1. Cyber Jurisprudence: Theories, Concepts and Principles by S J Tubrazy, Kindle Edition, 2016

Session 7 Usage of digital signature, IT ethics and culture in Information and Communication Technology Objective of the session: Reference Material • In this session, the participants 1. Computer Law, edited by Chris Reed will familiar about the digital third edition, 1996 signature and its uses along with 2. A Practical approach to Cyber Laws, culture and ethics required in by K. Mani's, Kamal Publication, 2008 Communication Technology. 3. Cyber Law and Crime by Barkha Subjects included in this Unit: and U. Rama Mohan third edition • Communication Media Asian Law House 2011 • Electronic data interchange 4. Electronic signatures in Law by • Public key infrastructure Stephen Mason, Lexix Nexix UK, • Electronic/digital Signature 2003 • Electronic signature certificate 5. Cyber Law Simplified by Vivek • Digital signature certificate Sood, Tata McGrawHill Publishing • Difference between electronic company, 2003 signature and digital signature 6. Internet Law, By Chris Reed, • GEA, GIF, G2G, G2B and G2C Universal Law Publishing Co., Second • IT ethics and culture Edition 2010.

Session 8 National Policies on Cyber Regulation Objective of the session: Subjects included in this Unit: • In this session, the participants • Key features of the IT Policy 2015 will be informed about the (2072) National Policies which regulate • Key features of the relevant the electronic transaction and Chapters of the Criminal Code Control cyber the crimes. and Civil Code, 2017 (2074) • Introduction to Electronic 1. Criminal Code and Civil Code, 2017 Transaction Act, 2063 (2074) • Electronic Transaction Rules, 2. IT Policy 2015 (2072) 2064 3. Electronic Transaction Act, 2063 • Main Provisions of IT Bill, 2075 4. IT Bill 2075 Reference Material

Session 9 National Laws on Cyber Regulation Objective of the session: • Key features of the • In this session, the participants Telecommunication Act, 1997 (2053) will be informed about the • Cybercrime and Electronic existing laws which regulate the Transaction Act, 2063 electronic transaction and • Cybercrime and penal system. Control the cyber crimes. Reference Material Subjects included in this Unit: 1. Electronic Transaction Act, 2006 • Key features of the Electronic (2063) Transaction Act, 2006 (2063) 2. Telecommunication Act, 1997 (2053) 3. Electronic Transaction Rules, 2064

Session 10 Comparative Study of Cyber Crime Legislation Objective of the session: • Japan • In this session, the participants • Sri Lanka will be informed about cyber • USA laws of various countries. • UK Subjects included in this Unit: • Australia • India 5.https://www.academia.edu/21451805 Reference Material /Comparative_Analysis_of_Various_N 1.https://repub.eur.nl/pub/94604/PROO ational_Cyber_Security_Strategies F-Qianyun-Wang-BW-1-.pdf access on access on 3rd Nov 2019 16th Dec 2018 6. Comparative analysis of cyber 2. technical.cloud privacy law in India and in the United journals.com/index.php/IJACSIT/articl States of America by Geetika Sood e/download/Tech-160/pdf Facta Universitatis Series: Law and 3. Law of Cyber Crime (India & Politics Vol. 12 Abroad) by D.K. Ganguly, Dwivedi 7. Chaubey, R.K. (2009), An law agency Introduction to Cyber Crime & Cyber 4.https://pdfs.semanticscholar.org/d468 Law, Kamal Law House, Calcutta. /4f20a55b13a1271dc3e63834e0a9a229 e037.pdf access on 3rd Nov 2019

Session 11 International Laws (Budapest convention, UNCITRAL Model etc.), regional conventions and policies on Cyber Regulation Objective of the session: • Key features of European • In this session, the participants Convention on Cybercrime, 2001 will be informed about the (aka Budapest Convention) international laws, i.e. Budapest • Key features of UNCITRAL convention and UNICITRAL Model Law on E-Commerce, model and other, which regulate 1996 and control the cyber crimes. • Key features of League of Arab Subjects included in this Unit: States Convention on Combating Information Technology Offences (2010) • Arab League Model Cyber Law 3.https://www.coe.int/en/web/cyber • Commonwealth Model Law on crime/the-budapest-convention Computer and Computer related access on 16th Dec 2018 crime 4. https://rm.coe.int/16800cce5b • Key features of African Union access on 16th Dec 2018 Convention on Cyber Security 5. League of Arab States and Personal Data Protection Convention on Combating (2014) Information Technology Offences • The OECD Policy Guideline on (2010) Online Identity Theft (2008) 6. African Union Convention on Reference Material Cyber Security and Personal Data 1. Information Technology Law, By Protection (2014) Dr. S.R. Myneni First edition 7. OECD Policy Guideline on Asian Law house 2013 Online Identity Theft (2008) 2. 8. Essentials of Information http://faculty.smu.edu/pwinship/ar Technology Law by Sujata Pawar b-24.htm access on 16th Dec & Yogesh Kolekar, Indian Notion 2018 Press, 2015

Session 12 International Laws (UN convention, European convention) on Cyber Regulation Objective of the session: regulate and control the • In this session, the participants cybercrimes. will be informed about the UN Subjects included in this Unit: convention and European • Key features of UN Convention convention and its provisions to on the Use of Electronic Communications in International 1. Contracts, 2005 https://www.uncitral.org/pdf/eng • Key features of Protocol on lish/texts/electcom/06- Xenophobia and 57452_Ebook.pdf Access on committed through computer 16th Dec 2018 systems Supplementing the 2.http://www.uncitral.org/uncitral/e European Convention on n/uncitral_texts/electronic_com Cybercrime, 2001 merce/2005Convention.html Reference Material Access on 16th Dec 2018 Session 13 Institutions for Cyber law enforcement of Nepal Objective of the session: • Nepal Telecommunications Authority In this session, the participants will be • Department of Information informed about the institutions Technology involved in execution of law relating to • National Information Technology electronics transaction and its role. Centre (NITC) and the Government Subjects included in this Unit: Integrated Data Center (GIDC) • Ministry of Science and Technology • Nepal Telecom and other telecom • Ministry of Information and companies Communication Technology • IT Service provider institutions

Session 14 Cybercrime and its Investigation, Prosecution and Adjudication System in Nepal Objective of the session: Subjects included in this Unit: • In this session, the participants • Cybercrime and its features will be informed about the • Investigation, prosecution and cybercrime; and investigation judicial procedure of Cyber crime and prosecution of cybercrime. in Nepal • Nepal Police (Cyber Crime Reference Material Investigation Bureau, Digital 1. Electronice Transaction Act, Forensic Lab, etc.) 2063 • Office of the Attorney General 2. Electronice Transaction Rule, (OAG) 2064 • Controller of Certifying Authority 3. Cybercrime and Our Judicial • IT tribunal and the IT Appellate Practices – an analysis, Ratna Tribunal Bahadur Bagchand, Pratipadan • Computer Association of Nepal 2073, National Judicial Academy. (CAN Federation) 4. Report on Status of Crime under • Lapses in investigation the Electronic Transaction Act, • Lapses in prosecution 2063, Attorney General Office of • Overall trend of judiciary in Nepal adjudicating cyber cases, 5. Babu Ram Aryal v. Information controlling standards (if any) and communication ministry et.al. • How can we ensure better Writ no. 0268, 2069 conviction in cyber cases? 6.https://doit.gov.np/en/spage/comp • Nepal CERTs and Cyber security uter-ert Coordination 7.http://occ.gov.np/pages/details/fu • Case Study nction_roles_of_occ

Session 15 Online Media / Social Media and Piracy in Nepal Objective of the session: acquainted with the piracy and • In this session, the participants threat of online media. will be informed about the Subjects included in this Unit: existing online Medias in Nepal • Regulation of Cyber space as well as they will be • Evolution of online media in 3. The Lawyer's Guide to Social Nepal Networking- John G. Browning, • Concept and extent of online South asian edition, 2012 piracy 4.https://visitskc.wordpress.com/20 • Legal Status of online media in 11/04/30/online-media-in-nepal- Nepal a-profile-study/ • Social media & defamation 5. https://www.sroc.info/wp- • Threat on online Media and piracy content/uploads/2018/02/OECD_ • Online Media Operation Directive, study_-_piracy.pdf 2073 6. Constitution of Nepal, 2072 Reference Material 7. Adhikary, S. (2005). Online 1. Bodhi: An interdisciplinary journalism in Nepal journal vol. 2, no. 1, serial no. 2, (Unpublished M.A. Thesis). 2008 by department of languages . and mass communication 8. Acharya, B. (2007) . Online news Kathmandu University, portals in Nepal: An exploratory Dhulikhel study (Unpublished M.A. Thesis). 2. Cyber Laws By Dr. Gupta and Purvanchal University. Agrawal Premier Publishing Company, 2008

Session 16 Online media future and prosecution in Nepal Objective of the session: them about the problems arise • In this session participant will during prosecution of online impart the knowledge about media related case under future and challenges of online Electronic Transaction Act, with media in Nepal. Introduced that knowledge they will reasonably prosecute the cases 2. Adhikary, S. (2005). Online relating to online media. journalism in Nepal (Unpublished Subjects included in this Unit: M.A. Thesis). Tribhuvan • Issue of prosecution under University. Electronic Transaction Act over 3. Freedom of Expression on online news Internet in Nepal by Freedom • Challenges and future of online Forum with the funding from media in Nepal International Freedom of • Provisions of Online media in IT Expression Network (IFEX) Bill 2075 4. Acharya, B. (2007) . Online news Reference Material portals in Nepal: An exploratory 1. Bodhi: An interdisciplinary study (Unpublished M.A. Thesis). journal vol. 2, no. 1, serial no. 2, Purvanchal University. 2008 by department of languages 5. IT Bill 2075 and mass communication Kathmandu University, Dhulikhel

Session 17 E-Commerce and E-Governance in Nepal Objective of the session: Subjects included in this Unit: • In this session, the participants • Concept of e-Commerce and e- will be familiar about e- Governance commerce and e-governance • Types of e-commerce and role of e-governance in • Dispute resolution mechanism on e- ruling governance system commerce • Relation between e-commerce and 1. Cyber Laws by Dr. Gupta and e- Governance Agrawal Premier Publishing • Consumer protection on cyber Company, 2008 space 2. A Practical approach to Cyber • Means of payment on e-commerce Laws, By K. Mani's, Kamal • Role of e- Governance in Publication, 2008 governence system 3. Cyber Law Simplified by Vivek • The E-Government Master Plan Sood, Tata McGraw-Hill Reference Material Publication, 2003 4. The E-Government Master Plan

Session 18 E-Attorney Project and future plan of OAG IT sector Objective of the session: Subjects included in this Unit: • At the end of the session • Introduction to the E-Attorney Project participants will aware about the • Ongoing projects of the OAG in the E-attorney projects in Office of IT Sector the Attorney General as well as Reference Material they will be gain the knowledge 1. Annual Planning of OAG, IT about future planning of IT Department, 2075 sector of Office of the Attorney 2. Strategic Plan of OAG ( 2072-2077) General. Session 19 Nature and types of Cyber Crimes Objective of the session: jurisdiction and types of • At the participants will be cybercrime. familiar with the nature, Subjects included in this Unit: • Introduction of cyber crimes • Nature of cyber criminality 4. Information Technology Law By • Recent trends in cybercrimes Dr. S.R. Myneni First Edition, • Various types of cybercrimes Asian Law House, 2013 (financial crimes, cyber 5. Cyber Law Simplified by Vivek pornography, online gambling, Sood, Tata McGraw-Hill forgery and email spoofing, cyber Publication, 2003 defamation, web defacement, data 6. Legal Jurisdiction over malware – diddling, denial of service, virus related crimes: From theories of attacks, cyber terrorism, cyber jurisdiction to solid practical vandalism etc.) application-2012 Computer law & • Jurisdiction of Cyber Crime security review by R. Rahman Reference Material 7. People vs. World Interactive 1. Information Technology Law Gaming Corp., et al. (QDS: Fourth Edition, Routledge 22310325, 1999 N.Y. Misc. Lexis Publication 2012 425 (Sup. Ct. N.Y.Co., July 24, 2. Cyber Crime, Key issues and 1999)Cited from debates By Alisdair A.Gillespie http://www.internetlibrary.com/ca First Edition 2016 ses/lib_case65.cfm 3. Computer Laws Edited By Chris 8. Macquarie Bank Inc v Berg [1999] Reed, Third Edition Universal NSWSC 526. Cited from Law Publishing, 1996 https://wikijuris.net/cyberlaw/juris diction

Session 20 Challenges in Cyber Crime Investigation Objective of the session: • In this session participants will be aware about the challenges in the investigation of the 1. Cyber Laws By Dr. Gupta and cybercrime. Agrawal Premier Publishing Company, Subjects included in this Unit: 2008 • Cybercrime investigation 2. A Practical approach to Cyber Laws, • Steps of cybercrime investigation By K. Mani's, Kamal Publication, 2008 • Hacking, ethical hacking and call 3. Cyber Law and Cyber Crimes First detail records (CDR) Edition Snow White Publication, 2012 • Live Data Acquisition and Time 4. Essentials of Information Line Event Technology Law by Sujata Pawar & • Difficulties in investigating Yogesh Kolekar, Indian Notion Press, cybercrimes 2015 • Computer Forensics 5. Cyber Laws & Crimes- Barkha & U. Reference Material Rama Mohan, 3rd Edition, Asian Law House, 2017

Session 21 Cybercrimes and their Relation with financial Crime Objective of the session: • Case study • In this session participants will Reference Material: be familiar about the 1. A Practical approach to Cyber Laws, relationship in between the By K. Mani's, Kamal Publication, 2008 financial crime and the 2. Cyber Laws By Dr. Gupta and cybercrime. Agrawal Premier Publishing Company, Subjects included in this Unit: 2008 • Cybercrime and Financial crimes 3. Information Technology Law By Ian • Sale of illegal articles J. Lloyd Fourth Edition Oxford • Cybercrime and Intellectual University property related crime

Session 22 Cybercrimes and their Relation with Other Crimes Objective of the session: 3. Cyber Crime, Key issues and • In this session, participants will debates By Alisdair A.Gillespie First be informed about the Edition, 2016 relationship between cybercrime 4. Law of Cyber Crime (India & and organized crime including Abroad) by D.K. Ganguly, Dwivedi other crimes. law agency Subjects included in this Unit: 5. Essentials of Information • Child pornography and Cyber Technology Law by Sujata Pawar & crime Yogesh Kolekar, Indian Notion Press, • Terrorism and Cyber crime 2015 • Other forms of organized crime 6. Cyber Laws- K. Mani, Kamal Reference Material: Publishers, 2008 1. Optional protocol to the UN 7. Yvonne Jewker and Majid yas hand Convention on the Right of the child book of Internet Crime, willan on the sale of children, child Publishing prostitution & child pornography 8. Joshi Nayan, Electonic Evidence p.g. (OPSC)-2000 184,187,188 2. Cyber laws, Premier publishing company, 2008

Session 23 New Trend of Cyber Crime Objective of the session: getting knowledge about the • In this session participants shall new trends and methods of the do effective prosecution after cybercrimes. Subjects included in this Unit: 10. Cyber Stalking Emerging trend of Global Cyber crime 11. Hacking 1. Internet cyber crime 12. Cyber Bullying 2. Social media 13. Fraud Using Technologies 3. Advanced persistent attacks 14. VOIP (call bypass) 4. Ransomware Reference Material: 5. Attacking the internet of Things 1. https://ictframe.com/contemporary- 6. DDos of through botnet assisted issues-in-cyber-security-law-of-nepal/ malware 2. https://www.lawctopus.com/wp- 7. Continued data theft content/uploads/2018/05/Brochure- 8. Hacking Edited-Book-Cyber-Law.pdf 9. Dark web(Dark net) 3. ljB'tLo sf/f]af/ Pg @)^# ;DaGwL s;"/x¿sf] cj:yf ;DaGwL k|ltj]bg,dxfGofoflwjQmfsf] 10. Crypto currency sfof{no,@)&$ 11. Phishing 12. Stolen identities 4. Essentials of Information Emerging trends of cybercrime in Technology Law by Sujata Pawar & Nepal Yogesh Kolekar, Indian Notion Press, 1. Identity theft 2015 2. Phishing 5. Cyber Laws- K. Mani, Kamal 3. Extortion Publishers, 2008 4. Unlawful Publication / 6. The Lawyer's Guide to Social Distribution Networking, John G. Browning, 5. Threat calls using technologies Thomson Reuters, South Asian 6. Business Email compromise Edition ,2012 7. Social Networking Sites (Social 7. Thomson Reuters, South Asian Media) Edition ,2012 8. Ransomware 8. Joshi Nayan, Electonic Evidence, 9. Email threats p.g. 193

Session 24 VoIP and Call Bypass Objective of the session: • Some Cases of VOIP and Call • In this session participant will Bypass be familiar about the concept of Reference Material: VOIP and call by pass as well as 1.https://transnexus.com/whitepapers/i differences in between. ntroduction-to-voip-fraud/ Subjects included in this Unit: 2. Cyberspace and the cyber law – • Concepts of Voice over the Narayan Prasad Sharma, published by Internet Protocol (VoIP) and Koselee Prakashan, 2015 Call Bypass or Bypass Fraud 3.https://transnexus.com/whitepapers/i • Vishing (Voice+phishing) ntroduction-to-voip-fraud/ • Differences between VoIP and Call Bypass

Session 25 VoIP and Call Bypass investigation and major cases Objective of the session: • Modus operandi and major • In this session participants will cases of Call Bypass be familiar about the mode and • Difficulties in investigating Call methods of VoIP and Call Bypass Bypass related cybercrime, • Losses or harms incurred from difficulties in investigation on Call Bypass such cases and damage incurred • Can Call Bypass be legalized? from Call Bypass. • Some major cases Subjects included in this Unit: Reference Material: 1.https://thehimalayantimes.com/kathm 2. Cyberspace and the cyber law – andu/man-arrested-operating-illegal- Narayan Prasad Sharma, published by call-bypass-system/ Koselee Prakashan, 2015 3.http://bswan.org/bypass_fraud_evolv es.asp

Session 26 Computer and Data Security Objective of the session: • Areas to take Precautions • In this session participants will • Challenges to the security be known about the condition of Reference Material: computer security, data security 1. Cyber Law and Crime By Barkha and cyber security and its and U. Rama Mohan third edition challenges. Asian Law House 2011 Subjects included in this Unit: 2.https://www.weblinknepal.com/blog/ • Network Security 4/online-payment-gateway-in- • Data Security nepal.html access on 12 March 2019 • Data Security Principle 3. Information Technology Law- S.R. • End-point security Myneni, Asian Law House • E-payment system and Payment 4. Information Technology Law- Diane Gateway Rowland & Elizabeth Macdonald, • Security Measures Cavendish publishing Ltd, 1997 • Legal Provisions

Session27 Electronic Evidence / Digital Evidence Objective of the session: • In this session participants will be familiar about the introduction, nature, Reference Material: characteristics of 1.https://www.nij.gov/topics/forensics/ electronic/digital evidence and evidence/digital/Pages/welcome.aspx international rules to present 2. Electronic evidence- By Stephen & such evidences. Deniel Seng, Institue of Advanced Subjects included in this Unit: Legal Studies, fourth Deition, 2017 • Introduction 3. E-Discovery- By Amelia Phillips, • Electronic form of evidence Delmar Cengage Learning, First • Transmission of electronic edition, 2013 record 4. https://www.udemy.com/digital- • Characteristics of electronic forensics-and-electronic-evidence evidence 5. Electronic evidence- By Dr. Gupta • Electronic records and its proof and Agrawal Premier Publishing • International admissibility rules Company, 2008 6. Electronic evidence- By Nayan Joshi, • Documentation of digital evidence Kamal Publishers, 2014 • Value of e-evidence or digital evidence and its presentation in the court

Session 28 Investigation Status of Cybercrimes and its Challenges in Nepal Objective of the session: Subjects included in this Unit: • In this session participants will • Pitfalls in investigation be familiar about the condition • Challenges of cybercrime and challenges of cybercrime investigation investigation. Reference Material: 1. Cyber Law and Crime By Barkha 5. Agarwal, Ankit & Megha Gupta, Ms and U. Rama Mohan third edition & Saurabh Gupta, Mr & Gupta, Asian Law House 2011 Yatendra & Gupta, Chandra. (2011). 2. Essentials of Information Systematic Digital Forensic Technology Law by Sujata Pawar & Investigation Model. International Yogesh Kolekar, Indian Notion Press, Journal of Computer Science and 2015 Security. 2011-118. 3. https://ictframe.com/cyber-law-and- 6. Nelson, B., Phillips, A., & Steuart, C. its-challenges-in-nepal/ (2016). Guide to Computer Forensics 4. Kent, K., Chevalier, S., & Grance, T. and Investigations: Processing Digital (2006). Guide to Integrating Forensic Evidence. 5th ed. Boston: Cengage Techniques into Incident. Learning.

Session 29 Prosecution of Cybercrimes and its Challenges in Nepal Objective of the session of the unit: • How can the prosecution regime • In this session participants will be strengthened? be familiar about the condition • Case Study and challenges of cybercrime Reference Material: prosecution as well as court 1. https://ictframe.com/cyber-law-and- perspective on it. its-challenges-in-nepal/ Subjects included in this Unit: 2. Decision of Court on Some cases of • Cooperation of the victim and Cyber crime witnesses in prosecution 3. Essentials of Information • Challenges to criminal justice Technology Law by Sujata Pawar & system Yogesh Kolekar, Indian Notion Press, • General attitude of judiciary in 2015 deciding cyber cases

Session 30 Cybercrimes and the Areas of International Cooperation Objective of the session: • Interagency cooperation • In this session participants will • Exchange of information and be familiar about the experiences International assistance and Reference Material: cooperation regarding the 1.https://www.unodc.org/e4j/en/organiz investigation and collection of ed-crime/module-11/key- evidences of the cybercrimes. issues/mutual-legal-assistance.html Subjects included in this Unit: access on 12 March 2019 • Mutual legal assistance 2. https://ngm.com.au/cybercrime- • Extradition mutual-legal-assistance/ access on 12 • Joint investigation March 2019 • Evidence collection and acquisition Session 31 Cybercrimes and Human Rights Objective of the session: • Crime investigation and privacy • In the participants will be protection measures familiar about the measures to • Role of service providers in maintain privacy during the privacy rights' protection investigation and prosecution in • Legal provision regarding accordance with international privacy rights protection human rights values. • Data Protection and Subjects included in this Unit: compensation • Rights to privacy and its scope • Social Networking Sites in 3. Issues in Cyber Space- Jan relation to Human rights. Samoriski • Art. 19 of Universal Declaration 4. Shreya Singhal v. Union of India, of Human Rights AIR 2015, SC 1523 Reference Material: 5. Personal Privacy related Act, 2075 1. Information Technology Law By Ian 6. UDHR, 1948 J. Lloyd Fourth Edition Oxford 7. Internet Law, By Chris Reed, University Universal Law Publishing Co., second 2. Cyber Rights Defencing free speech edition, 2010 in the Digital Age By Mike Godwin

Session 32 The role of Government Attorney during pleading and defending the cases relating to cyber crime Objective of the session: • Pleading in the cases of cyber • In this session participants will crime be familiar about the measures • Presentation of evidences for effective pleading and • Art of advocacy defending the cases relating to • Measures to make effective cybercrimes. defense • Coordination with other Subjects included in this Unit: institutions

Session 33 The challenges incur during investigation and prosecution of cybercrimes and the role of the government attorneys on such. Objective of the session: • In this session participants will be familiar about the challenges incur in investigation and • Problems in Investigation prosecution of cybercrimes and • Challenges of prosecution solutions to settle such issues. • Solutions to address the challenges Subjects included in this Unit:

7. Gender and Juvenile Justice Syllabus for specialization on Gender and Juvenile Justice Goal of course: To prepare specialized government attorney related to Gender Justice and Juvenile Justice. Objective of the session of course: At the end of the course, participants will have knowledge on following things: • Concept, fundamental principles and International practices of Gender Justice and Juvenile Justice. • Legal Provisions, doctrines propounded by Supreme Court and precedents relating to Gender Justice and Juvenile Justice. • Can give directives for crime investigation as per the concept of Gender Justice and Juvenile Justice. • Can prosecute the cases relating to Gender and Juvenile Justice along with effective representation of government party and defend such case.

Subjects included in this Unit: This syllabus has been prepared to produce specialized government attorneys and to enhance their professional development. The subject matter under this syllabus shall cover 40% of theoretical and 60% professional and practical knowledge.

Subject to be included: Index: 1. Concept of Gender Justice 2. International Documents related to Gender Justice and Nepal’s Commitment 3. National policies, laws and mechanism on Gender Justice 4. Gender Justice on National Code 5. Gender Justice and Citizenship 6. Rights of Victim of Crime 7. Legal provisions related to the Protection of Witness 8. Procedural provisions for the protection and Promotion of Gender |Justice 9. Identification of Victim of Crime 10. Access to Justice of Women, Children and Targeted Group 11. Human Trafficking and Transportation Control 12. Prevention of Sexual Harassment in work place and Act Against Abortion 13. Offence related to Witchcraft and offence related to Marriage 14. Offence against Domestic Violence and its Controlling Measures 15. Sexual Violence and Gender Justice 16. The Role of Prosecutors in Gender Justice 17. National Civil Code along with Civil Procedure Code and Gender Justice 18. The Role of Prosecutors in dealing with Suspected Women 19. Rehabilitation and Socialization of Victim Women at a Crime 20. Concept on Juvenile Justice 21. National Legal Provision of Juvenile Justice 22. Diversion 23. Rehabilitation 24. Juvenile Delequency 25. Communication with Children 26. Child Psychology 27. Child Reform Home 28. Sentencing toward Children and implementation 29. Child Rights, International Instruments and National Commitments 30. Juvenile Court and Juvenile Bench 31. Crime against Children and Protection of child victim 32. Problem and solution on investigation, prosecution and hearing of women involved case (Panel Discussion) 33. Problem and solution mechanism of juvenile justice (Panel Discussion)

Session 1 Concept of Gender Justice Objective of the session : Administration, National At the end of the session, the Judicial Academy, Part 2 participants shall: • Compilation of Landmark • Know about the conceptual Judgments related to Gender aspects of Gender Justice Justice, NJA, 2066 • Be able to state the fundamental • Krishnajiwi Ghimire, Gender subjects/topics of gender justice Justice and Aspects of Judicial n}lËs Gofo, • Be acquainted with the judicial Administration, 2075 ( Gofo k|zf;gsf cfofdx¿, @)&% perspective on gender justice ) Subjects included in this Unit • Annapurna Rana v. Kathmandu • Concept of equality and types of District Court NKP 2055 Vol.5 equality DN. 6588 • Gender justice and gender • Meera Dhungana v. Law and equality Justice Ministry and others, • Various perspectives on gender NKP 2052 Vol.6 DN. 6013 justice • Reena Bajracharya v. RNAC, • Feminist Jurisprudence on NKP 2056 Vol. 5 DN 6898 Gender Justice • Advocate Prakash Mani Sharma • Patriarchal Values and v. Ministry of Women and Legitimized Discrimination Children, NKP 2065 Vol. 8 DN. • Fundamental subjects and 2005 aspects of gender justice • Basundhara Thapa v. HMG, • Present situation of Gender NKP 2060 Vol. 5 DN. 7217 Justice • Meera Dhungana v. Office of • Identification of problems and Prime Minister and Council of solutions Ministers, NKP 2064 Vol. 6 DN. Reference Materials 7854 • Constitution of Nepal • Chanda Bajracharya v. • Gender Justice, Srot Sangalo, Parliament Secretariat and National Judicial Academy others, NKP 2053 Vol 7 DN. (NJA) 6223 • Source Materials on Human • Collection of International Rights in Judicial Human Rights Instruments to which Nepal is a State party, Ministry of Foreign Affairs, • Surendra Bhandari, Court, 1998 Constitution and Globle Public • Control the crime against Policy women and children (theoretical • Supreme Court of Nepal on concept, law and judicial Gender Equality and Access to perspective) Justice, Himal Innovative • Gender Justice, Citizenship and Development and Research, Development, Edited by 2018 Maitrayee Mukhopadhyay and • Sandra Walklate, Gender, Crime Navsharan Singh, Jointly and Criminal Justice, William published -2007) by Zubaan, an Publishing, 2001 imprint of Kali for Women, and • Jaya Sagada, Vedna Jivan the International Development Christine Forsth, Ferninishr in Research Centre the subcuntiond and beyind, • Gender Justice, Development, challenging laws and Rights, Maxine Molyneux and Shahra Razavi

Session 2 International Documents related to Gender Justice and Nepal’s Commitment Objective of the Session: • International Instruments on At the end of this session, the Gender Justice and major issues participants will on Convention on elimination of • Know about the international all forms of Discrimination treaties and conventions and Against Women (CEDAW) national commitment which 1979 promotes gender justice. • Commitment of Nepal on • Introduce the obligation of state International conventions party regarding implementation regarding Gender Justice and of provision of treaty and provision of Nepal Treaty Act, conventions. 2047 Subjects included in this Unit: • International Instruments on • Fundamental aspects of Gender Justice and Supreme International laws related to Court. Gender justice. Reference Materials: • Universal Declaration on Council of Ministers NKP 2065 Human Rights, 1948 volume 8 Decision no 8001 • International Covenant on Civil • Supreme Court of Nepal on and Political Rights, 1966 Gender Equality and Access to • Convention on Rights of Child, Justice, Himal Innovative 1989 Development and Research, • Convention on Elimination of 2018 all forms of discrimination • Gender Justice, Citizenship and against women, 1979 Development, Edited by MaitrayeeMukhopadhyay and • Nepal Treaty Act, 2047 Navsharan Singh, Jointly • Punyawati Pathak v. Manmohan published -2007 ) by Zubaan, Adhikari eta. NKP 2062, an imprint of Kali for Women, Volume 8 Decision no: 7585 and the International Development Research Centre • Meera Gurung v. Department of • Gender Justice, Development, immigration NKP 2051, Volume and Rights, Maxine Molyneux 2 Decision no. 4858 and Shahra Razavi • Prakashmani Sharma v. Office • Sandra Walklate, Gender, of the Prime Minister and Crime and Criminal Justice, William Publishing, 2001

Session 3 National policies, laws and mechanism on gender justice Objective of the session: • Policies on gender justice. The participants at the end shall: • Fundamental parts on National • Know about National policies, policies relating to gender laws and mechanism on gender justice. justice. • Strategies and policies on • Be introduced about developed gender justice authorized by judicial perspective on this Five Year Plan. subject. • Role of Supreme Court in • To be implemented such policy making on this issue. subject while perfoming the Reference Materials: designated work. • Journal of Supreme Court Bar Subjects included in this Unit: Year 5 Volume 5 2068, • Constitutional provision on Supreme Court Bar Association gender justice. • Krishna GB Ghimire, Gender • Nepalese legal provision on Justice and Dimensions on gender justice. justice administration 2075 • Meera Dhungana v. Ministry 2065, vol. 11, Decision no. on Law and Justice NKP 2052 8083 Decision no 6013 • Current National Planning. • Dil Bahadur Bishwakarma v. • Supreme Court of Nepal on Office of Prime Minister and Gender Equality and Access to Council of Ministers etal NKP Justice, Himal Innovative Development and Research, 2062 Decision no 7531 2018 • Sapana Malla Pradhan v. Law and Justice Ministry et.al., NKP

Session 4 Provision of Gender justice on National Code Objective of the session: Procedure Code The participants shall know about: Reference Materials: • Have knowledge on the • National Penal Code, 2074 provisions of gender justice in • National Criminal Procedure National Penal Code and Code, 2074 National Criminal Procedure • Report on the national Code. workshop on Justice for • Implementing the provisions Women and Children, 2075, during investigation, Office of the Attorney General prosecution and justice • Achyut Prasad Kharel v.Office administration. of Prime Minister and Council Subjects included in this Unit: of Ministers etal NKP 2067 • Women’s rights protective Volume 6 Decision no: 8384 provisions in National Penal • Laxmi Devi Dhikta v.Office of Code (Crime relating to rape, Prime Minister and Council of Marriage, and abortion etc.) Ministers et.al NKP 2067 • Women’s rights protective Volume 9 Decision no: 8464 provisions in National Criminal

Session 5 Gender Justice and Citizenship: Objective of the session: basis of conceptual aspects of At the end of the session participants gender justice. will be: • Introduced about the Supreme • Competent to evaluate on the court’s perspective on provision of citizenship on the citizenship issues. Subjects included in this Unit: 2075 Volume 10 Decision no: • Principle on Citizenship. 10113 • Types of Citizenship (by • Sabina Damai v. Office of Prime Decents, by Birth, by Naturalize, Minister and Council of non-resident and Honorary) Minsters etal, NKP 2068 • Basis of obtaining citizenship Volume 2 Decision no: 8557 and review on those provisions • Sajda Sapkota NKP 2073 with the vision of gender justice. Volume 7 Decision no: 9627 • Comparing citizenship • Bipana Basnet NKP 2075 provisions obtaining in Volume 8 Decision no: 10066 neighboring countries and in • Sandesh Singh NKP 2074 Nepal. Volume 7 Decision no: 9841 • Supreme court’s perspective on • Chandrakant Gyawali v. citizenship issues. NKP 2062 Volume 11 Decision no: 7044 Reference Materials: • Achyut Prasad Kharel v. Office • Constitution of Nepal 2072 of Prime Minister and Council • Nepal Citizenship Act 2063 of Minsters etal, NKP 2062 • Lokraj Parajuli, Citizenship Volume 4 Decision no: 7533 arrangements, Constitutional • Nakkali Maharjan v. Nepal Law Source Materials, Office of Government, NKP 2065 Volume Attorney general, Nepal 11 Decision no: 8035 • Bipana Basnet v. Office of • Collection of International Prime Minister and Council of Instruments on Human Rights to Minsters etal, NKP 2075 which Nepal is a party, Minister Volume 8 Decision no: 10066 of Foreign Affairs, Kathmandu • Aarika K.C. v. District 1998 administration Office etal, NKP

Session 6 Rights of Victim of Crime Objective of the session: • Introduced them about activities The participants at the end will be: to execute the rights of crime • Informed about legal provisions victim during investigations, on Rights of Victim of Crime. prosecution and adjucation of • Human Trafficking and justice. Transportation (Control) Act Subjects included in this Unit: 2064 • Basic values and principles of • Blaming witch ( Crime and Victim of Crime. Punishment) Act, 2072 • International legal system with • Guidelines for maintaining the protection to Victim of confidentiality in handling of Crime. special cases. • Constitutional and legal rights • Basic Principles of Justice for of victim of crime. Victims of Crime and Abuse of • Protection of victim during Authority Declaration, 1949 investigation, prosecution and • International Criminal Court, hearing. Rome Statute, 1198 • Importance of protection of • United Nations Convention Victim of Crime. against Corruption,2003 • Protection of Victim in regards • Nepal Government v. Bishnu to gender justice. Kapri et.al., NKP 2075 Volume • Role of Supreme Court in 11 Decision no: 10144 Protection and Promotion of • Pawan Kumar Yadav v. Nepal Victim of Crime. Government, NKP 2067 Volume • Role of Prosecutors of Victim of 11 Decision no: 8498 Crime. • Jyoti Lamsal Paudyal v. Nepal Reference Materials: Government, NKP 2067 Volume • Constitution of Nepal 2072 11 Decision no: 8507 • The Crime Victim Protection • Shankar Kumar Shrestha, Act 2075 Victim Relief, Pairavi • National Criminal Code 2074 Publication • National Criminal Procedural • Ramdevi Parajuli, Rights of Code 2074 Victim of Crime, Dimensions of • Organised Crime (Prevention) Justice Administration Act 2070

Section 7 Legal provisions related to the Protection of Witness: Objective of the session : • Constitution of Nepal, 2072 The participants at the end of the • Human Trafficking and session will be: Transportation (Control) Act • Informed about the subject of 2064 importance and justification of • National Criminal Procedural Witness Protection, Code, 2074 • Sensitive during administration • Organised Crime (Prevention) and execution of the provision Act, 2070 on Protection of Witness. • Guidelines for maintaining Subjects included in this Unit: confidentiality in handling of • Constitutional and legal special cases, 2064 provision on Protection of • Basic Principles of Justice for Witness. Victims of Crime and Abuse of • New values developed Authority Declaration, 1949 regarding Protection of Witness. • International Criminal Court, • The Efforts for Assisting and Rome Statute, 1198 Protecting Witness. • United Nations Convention • General knowledge of against Corruption,2003 International Conventions and • United Nations Convention treaties regarding Protection of against Transnational Organised Witness. Crime 2000 • Judicial perspective of Supreme • Jyoti Lamsal Poudyal v. Nepal Court on this subject. Government, NKP 2067 Volume • Problems observed in Protection 11 Decision no: 8507 of Witness and influence in • Uma Tamanag v. Nepal administration of justice. Government, NKP 2070 volume • Responsibility of Prosecutors. 11 Decision no: 9078 Reference Materials:

Session 8 Procedural Provisions for the protection and promotion of gender justice Objective of the session: • Know about the procedural At the end of this session, the provisions for gender justice. Participants will: • Introduce the Procedure for • National Criminal Procedural maintaining the privacy of the Regulation, 2075 party in camera hearing and • Crime Investigation Regulation, special cases. 2075 Subjects included in this Unit: • Sapana Pradhan Malla v. Office • Camera Hearing of Prime Minister and Council • Confidentiality of the party of Minister etal NKP 2064 • Video conference Volume 9 Decision no 7880, • Continuous hearing Page 1208 • Psycho-socio counseling • Uma Tamang v. Nepal • Legal Aid Government, NKP 2070 Volume • Protection of Victim of 11 Decision no: 9078 Crime • Jyoti Poudyal Lamsal v. Office • Participation in Judicial of Prime Minister and Council procedings of Minister etal, NKP 2066 Reference Materials: Volume 12 Decision no 8282 • National Criminal Procedural • Jyoti Poudyal Lamsal v. Office Code, 2074 of Prime Minister and Council • District Court Regulation, 2075 of Minister etal, NKP 2067 • Guidelines for maintaining Volume 11 Decision no 8507 confidentiality in handling of • Concept of Camera Hearing and special cases, 2064 its method of Implementation, • The Crime Victim Protection National Judicial Academy Act, 2075 • Circular issues by Office of • The Individual Privacy Act, Attorney General regarding the 2075 Continous hearing.

Session 9 Identification of Victim of Crime: Objective of the session: • Conscious to identify the crime The participants at the end, will be: of victim while investigating • Introduced about impact on and prosecuting the crime justice administration by Subjects included in this Unit: identification of Victim of • Importance of identification Crime of victim. • Identification of Victim of • National Criminal Pocedural Crime for Protection and Code, 2075 Security of crime victim, • https://aspe.hhs.gov/report/ide ntifying-victims-human- Participation in judicial trafficking-inherent- proceedings, Compensation challenges-and- promising- strategies-field and Rehabilitation • https://aspe.hhs.gov/report/study • Guidelines in International -hhs-programs-serving-human- Instruments for trafficking-victims/what-are- Identification of Victim of challenges-identifying-victims Crime • Second Five Year Strategic Plan • Problems arising during by Office of Attorney General identification of Victim of • Shankar Kumar Shrestha, Crime Victime Relief, Pairavi • Challenges and Problems Publication occurring in identification of • Order in Writ of Devaki Pokhrel the victim of crime on • United Nations Convention Human Trafficking and against Transnational Organised Transportation. Crime 2000 • Procedural and Legal • https://www.baliprocess.net/regi Aspects for identification of onal-support-office/policy- victim of crime and its guides-on-identification-and- implementation status. protection-of-victims-of- • Solutions to the problems trafficking/ • Trafficking in Persons in Nepal occurring in identifying the National Report, National victim of crime. Human Right Reference Materials Commission(NHRC), 2018 • The Crime Victim Protection Act, 2075

Session 10 Access to Justice for Women and Children Objective of the session: • Familiar about the measures to The participants, at the end, will be: Increase Access to Justice of • Introduced the Concept of women, children and target Access to Justice group. Subjects included in this Unit: • Conceptual aspects of Access to • The provision in court related Justice regulation • Indicators for Access to Justice • Fourth Five Year Strategic Plan • Status on Access to Justice of Judiciary • Legal Provisions to inforce • Second Five Year Strategic Plan access to justice of Office of Attorney General • Access to Justice Commission • Strategy of Access to Justice and the action it has performed Commission • Order issued by Judiciary for • Directives to Victim and Easy Access to Justice for Witness assistance Women and Children • Manifesto issued by Conference • Role of prosecutor in Access to of Government Lawyers Justice • Santosh Kumar Mahato’s Order • Problems insights while regarding establishment of inforcing Access to Justice Juvenile Court • Measures applied to solve the • Directives for maintaining problem confidentiality in handling of Reference Materials: special cases, 2064 • Constitution of Nepal • Recommendations of Justice JS • The Act Relating to Children Verma Commission 2075 • Uma Tamang v. Nepal • National Criminal Procedural Government, NKP 2070 volume Code, 2075 11 Decision no: 9078 • National Civil Procedural Code, • Jyoti Poudyal v. Nepal 2075 Government regarding Fast Track Court

Session 11 Human Trafficking and Transaction Control Objective of the session: Trafficking and Transportation along To introduce them about the values with its implementation status. carried by law related to Human Subjects included in this Unit: • Background of Human • Introduction of human Trafficking offence smuggling offence • Major causes and objectives of • Interrelationship between Human Trafficking Human Trafficking and human • Constitutional and legal smuggling offence provisions against Human • Challenges faced during Trafficking criminal investigation in case of • Major provision of Laws Human Trafficking and regarding Human Trafficking Transportation and Transportation • Role of prosecutors in the • Elements of Human Trafficking investigation, prosecution and and Transportation offence sanction process in case of • Types and nature of Human Human Trafficking and Trafficking and Transportation Transportation offence Reference material • Comparative study of legal • Constitution of Nepal provision of foreign countries • Human Trafficking and regarding Human Trafficking Transportation (control) act, and Transportation (UK, India, 2064 USA and China) • Human Trafficking and • The existing scenario of Human Transportation (control) Trafficking and Transportation regulation, 2065 offence • Prosecution policy and • The principles interpreted and guidance from the Office of justified by the Judiciary during Attorney General implementation of this act • Annual report of Attorney General Office • Nubu Yangcho v. Nepal • Uttam lama vs. His Majesty Government, NKP 2075, vol 10, Government, NKP 2061- vol no. Decision no. 10118 9 • Nepal government vs. Prakash • His Majesty Government, NKP ojha, NKP 2073- vol 6, 2061- vol no. 9 Decision no. 9621 • His Majesty Government vs. raj • Nepal government vs. Som Tamang, NKP 2064- vol no. 4 bahadur Tamang, Supreme • Crimes against human dignity Court Bulletin 2073 Poush 1 and Nepalese law, Office of Page 37 Attorney General, Nepal • Yogh bahadur lama vs. Nepal • Trafficking in persons in Nepal government, NKP 2073-vol National Report, National no.1, Decision no. 9525 Human Rights Commission • Lok bahadur k Decision no. (NHRC), 2018 karki vs. Nepal government, • Smuggling and Trafficking NKP 2072- vol no. 2, Decision human beings: The no. 9346 phenomenon, the markets that • Shyam bhanarup bahadur drive it and the organization Chhetri vs. Nepal government, that promote it, European NKP 2068- vol no. 12 Decision journal on criminal policy and no. 873 research 9 (2): 163-195=June • Nepal government vs. Khem raj 2001 Pandey, NKP 2066- vol no. 6 • United Nations transnational Decision no.8166 organized crime and its • Ful mati Shrestha (Maharjan) Protocals vs. His majesty Government, • Dr. Ishita Chalterje, Gender NKP 2066- vol no. 8 Justice and Feminist Jurisprudence Central Law Publicatioins, p.g. 365 Session 12 Prevention of Sexual Harassment in work place and Act Against abortion Objective of the Session: • Locus standi for sexual Participant in the end of session will be misconduct in work place and • Introduced about the legal and areas of improvement provision related sexual • Things to be considered by the misconduct at the work place prosecutors during investigation, • Informed about the offence prosecution and proceedings in against abortion. the crime against abortion Subjects included in this Unit: Reference material • Introduction on sexual • Constitution of Nepal misconduct and harassment at • Prevention of sexual misconduct the workplace in work place, 2071 • Concept, Generation Gender • Sharmila Parajuli vs. Ministry Bias, Unseen barriers Secretariat including Cabinet • Subject matter covered by the Secretariat, NKP 2061- vol no. law against sexual misconduct 10 Decision no. 7449 in work place • Prakash Mani Sharma vs. Prime • Institutional efforts to prevent Minister including Council of sexual misconduct in work place Ministry, NKP 2065 Decision • Judicial perspective no. 7995 • Challenge and application of • Prakash Manishama vs. Prime legal provision of sexual Minister and Council of misconduct in work place Ministry, NKP 2065 Decision no. 8005 • Crimes against human dignity • Convention on right of child, and Nepalese law, Office of the 1959 Attorney General, Nepal • The convention on elimination • Vishaka and others vs. state of of all forms of discrimination Rajasthan and others, 1997 against women, 1959 • Discrimination (employment • Alok Bhasin, Sexual and occupation) convention, Harrasment at work place 1958 • Michael Lonnolly, Townshend • Universal declaration of human smith on Discrimination Law, right, 1959 Text, cases, and materials p.g. • International affiliation on 35-63 economic, social and cultural rights 1966

Session 13 Offence related to witch craft and offence related to marriage Objective of the session: Subjects included in this Unit Participants at the end of session will • Offence against witch craft be: • Legal provision regard to this • Informed about legal provision • Judicial perspective related witch craft offence and • Legal provision regarding child offence relating to marriage marriage and polygamous • Competent to investigate and marriage prosecute offence against witch • Things to be considered during craft, child marriage and investigation in regard to these polygamous marriage with crime regards to values rendered by the laws. • Things to be considered during • Respondent: Ashok Thapa in prosecution and proceedings in favor of Dhana bahadur Thapa regard to these crime vs. Nepal government in Reference material response of F.I.R from Kalpana • Charges of witchcraft (crime Thapa in the case of and punishment) act, 2072 polygamous marriage, NKP • National criminal code, 2074 2059- vol no. 11-12 page no. • Resma Thapa vs. Home ministry, 787 Decision no. 7158 NKP 2062- vol no. 2 Decision • Respondent: Ramji prasad no. 7498 Upadhaya vs. Nepal government • Crime against human dignity in response of F.I.R from and Nepalese law, Office of the Saraswati Upadhaya, NKP Attorney General, Nepal 2070- vol no. 1 Decision no. • Sanju Mahato vs. Nepal 8951 government, NKP 2074- vol no. • Nepal government in response 8 Decision no. 9861 of Narendra kumar Katuwal • His Majesty government vs. F.I.R vs. respondent: Kumar case of polygamous marriage Thapaliya, NKP 2064 Decision including indris Miya, NKP no. 7884 2044- vol no. 2 page no. 259 • Respondent: including Kamal Decision no. 3011 Mohan Chapaghai vs. Nepal • Respondent: including Deepak government in response of Dev Pandey vs. plaintiff: through Chapaghai F.I.R, NKP 2068- vol F.I.R of Saraswati Pandey no. 11 Decision no. 8716 (Adhikari) in His majesty • Nepal government vs. Shiva government, NKP 2063- vol no. prasad Pandey, year 2071 Assar 5 Decision no. 7694 24 Supreme Court Bulletin vol no. 14, 2071 Kartik 2nd, Full Bulletin 2071 vol no. 21- Falgun mark 536 (069-CR-908) 1, Full mark 543page no. 29 • Nepal government vs. including (065-CR-545) Raj Gurung, Supreme Court Session 14 Offence against Domestic Violence and its controlling measures Objective of the session: human right against domestic Participants in the session will be: violence • Conceptually clear about • Institutional efforts to reduce domestic violence and offences domestic violence related with it. • Role of supreme court to • Informed about the provisions minimize domestic violence of national and international • Problem faced during the laws regarding the subject prevention of domestic violence matter. and the measures for its solution Subjects included in this Unit Reference material • Conceptual aspects of domestic • The convention on the violence elimination of all form of • Nature and features of domestic discrimination against women, violence 1959 • Feminist perspectives gender • Convention against torture and and violence other cruel inhuman or • Nepalese law in the prevention degrading treatment, 1989 of domestic violence and its • Crime against human dignity condition of implementation and Nepalese law, Office of • Information on the provision of Attorney General Office the international conventions on • Declaration on end of violence against women, 1993 • Domestic violence (crime and • Dil bahadur Vishwakarma vs. punishment) act, 2066 including Prime Minister and • Domestic violence (crime and Ministry of Council, NKP 2062- punishment) regulation, 2067 vol no. 4 Decision no. 7531 • Report of united nations special • Jyoti Paudel vs. including Prime rapporteur on violence against Minister and Ministry of women (1994-2003) Council, NKP 2066- vol no. 12 • Human right in administration Decision no. 8282 of justice, National Judicial • Nepal government vs. Radhika Academy, 2071 Shrestha, NKP 2071 Decision • Meera Dhungana vs. Law and no. 242 Ministry of Justice including • Regina vs. R…. (1992) 1 AC Marital rape 599 • Jeet Kumari Pangeni vs. • Peoples vs. Liberta, 64 NY 2nd including Prime Minister and (1984) Ministry of Council, NKP 2065- vol no. 6 Decision no. 7973

Session 15 Sexual Violence and Gender Justice Objective of the session: and pragmatic challenges while Participants in the end of session will implementing them. be: Subjects included in this Unit • Introduced about sexual • Introduction about sexual violence, especially of laws on offence sexual offences • Types of sexual offence • Acquainted with the theoretical • Rape concept undertaken by such law • Marital rape • Rape took place in detention • Jeet Kumari Pangeni vs. Prime center Minister including Ministry of • Offence relating to attempt to Council, NKP 2065- vol no. 6 rape Decision no. 7973Kha • Rape within incest • Sapana Malla Pradhan vs. • Provision included by National including Ministry of Law and criminal code Justice, NKP 2065- vol no. 11 • Unnatural sex Decision no. 8038 • Investigation and prosecution in • Raju prasad Chapaghai vs. offence related to rape Nepal government, NKP 2073- • Judicial perspective vol no. 2 Decision no. 9547 • Special arrangements for • Ghana shyam Tamoli vs. Nepal hearing (continuous hearing) government, NKP 2051- vol no. • Criminal investigation, 3 prosecution and hearing along • His Majesty government vs. with role of prosecutors in Deepak Bhandari, NKP 2059- protection of victim vol no. 5 and 6 Reference material • His Majesty government vs. • National Penal code, 2074 Rajesh KC, NKP 2060- vol no. • National criminal procedure 5 and 6 code, 2074 • His Majesty government vs. • Resource Material of National Tulsi Wakkhyo, NKP 2063- vol Code, Office of the Attorney no. 10 General, Nepal • Rakesh Kumar Singh vs. His • Sandeep Nepali vs. Nepal Majesty Government, NKP government, NKP 2075- vol no. 2064- vol no. 1 12 Decision no. 10148 • Prakash Rawal, NKP 2075- vol • Molhusen Hendrick vs. Nepal no. 3 Decision no. 9981 government, NKP 2069- vol no. • Lakpha Sherpa vs. Nepal 7 Decision no. 8860 government, NKP 2073 vol no. • Deepak Rawal vs. Nepal 9 Decision no. 9684 government, NKP 2075- vol no. • Delhi swaar vs. Nepal 5 Decision no. 10007 government, NKP 2075- vol no. • Bhim bahadur Pokharel vs. 3 Decision no. 9969 Nepal government, NKP 2063- • Bam bahadur Chhetri vs. Nepal Decision no. 7682 government, NKP 2075- vol no. 5 Decision no. 10019

Session 16 The role of prosecutors in Gender Justice Objective of the session: • Gender orientation in crime At the end of the session participants prosecution will be: • Gender friendly behavior and • Introduced about the communication responsibility and role of • Demand for Continuous hearing government prosecutors in • Protection for victims’ and criminal investigation, suspect’s right prosecution and judicial • Institutional efforts done proceedings to maintain gender through the Office of Attorney justice. General Subjects included in this Unit • Areas of improvement • Gender sensitivity in crime Reference material investigation • Crime victim’s protection act, 2075 • National criminal procedure • Declaration passed by the code, 2074 National Conferences of • Victim and witness assistance Government Prosecutors directives • Circulars issued from the Office • Second five-year strategic plan of the Attorney General for of Attorney General’s Office continuous hearing

Session 17 National civil code along with civil procedure code and gender justice Objective of the session: At the end of session participants will be: Reference material • Introduced about the special • National criminal procedure provision regarding protections code, 2075 of women’s right in National • National civil procedure code, civil code and civil procedure 2075 code • Provision regarded to court rules • Able to apply these issues • Sapana Pradhan Malla vs. during performance of the Ministry of Law and Justice, designated work. NKP 2053- vol no. 2 Decision Subjects included in this Unit no. 6140 • Provision regarding protections • Sapana Pradhan Malla vs. Prime of women’s right Minister including Ministry of • Partition share, inheritance and Council, NKP 2064- vol no. 8 divorce Decision no. 7997 • The procedural provision to • Lilly Thapa vs. Prime Minister exercise of those right including Ministry of Council, • Supreme court’s perspective NKP 2062- vol no. 9 Decision Council, NKP 2061- vol no. 4 no. 7588 Decision no. 7357 • Meera Dhungana vs. Prime Minister including Ministry of Session 18 To behave with Suspected Women and the Role of Prosecutors Objective of the session: • Sensitivity should applied At the end of session participants will during the crime investigation in be: case of women suspect • Introduced about the behavior • Gender friendly communication towards suspected women and behavior during crime investigation, • The issues to be disclosed in the prosecution and judicial statement proceedings and role of • Subject to maintain the parties’ prosecutors in regards of this. privacy • Able to apply these issues • Provisions of special protection during performance of the in judicial procedure designated work. Reference material Subjects included in this Unit • National criminal procedure • Rights of suspect and fair code, 2075 hearing • National civil procedure code, • Things to be considered during 2075 the arrest of suspected women • Provision regarded to court rules along with crime investigation, • Rules for criminal investigation, prosecution and judicial 2075 proceedings • Resource Material of fair hearing, Office of Attorney General • United Nation Minimum • Fundamental principle for the Standards for the Treatment of treatment of prisoners, 1990 Prisoners, 1955

Session 19 Rehabilitation and Socialization of victim women of crime Objective of the session: • Judicial perspective At the end of session participants will • Problem and solution measure be: overviewed in rehabilitation and • Introduced about the conceptual socialization of crime victim aspects of rehabilitation and women socialization of women crime • Role of prosecutors regards to victim. subject matter • Able to implement these issues, Reference material as per the values of restorative • Constitution of Nepal justice, in crime investigation, • Crime Victim Protection Act, prosecution and judicial 2075 proceedings. • Act Relating to Children, 2075 Subjects included in this Unit • Human Trafficking and • Concept about restorative transportation (control) act, justice 2064 • Socialization and social • Domestic violence (crime and adjustment punishment) act, 2066 • Provision regarding the • Restorative justice and national socialization and rehabilitation law, study report, National in crime investigation Judicial Academy, Nepal • Implementation status of those • Restorative justice and legal provisions Diversion in Nepalese Juvenile Justice System, Office of the • Guidance for victim protection, Attorney General, Nepal Office of Attorney General, • Kesari raj Pandit, Restorative Nepal Justice • Basic principles on the use of • Crime against women and Restorative Justice Programmes children, Resouce Material, in Criminal Matters, ECOSOC Office of Attorney General, resolution 2002/12 Nepal

Session 20 Concept of Juvenile Justice Objective of the session: • Juvenile Justice system and At the end of session participants will criminal justice system be: • Reason for the separation of • Informed about the conceptual juvenile justice system from aspect of Juvenile Justice other justice system • Introduced about concept of • Provision regarding juvenile juvenile justice and international justice system in international instruments regard to this. instruments (convention for the Subjects included in this Unit rights of the child, Tokyo rules, • Conceptual aspects of Juvenile Beijing rules, Riyadh guidance Justice etc.) • Basic Principles of Juvenile Reference material Justice • Collection of important • Objective of the juvenile justice Decisions of the Supreme Court • Models of juvenile justice on child right related cases, • Doctrine of parent patriae 2070 • Human rights in Justice • Ved Kumari, The Juvenile Administration, Resource Justice in India from Welfare to Material, part- 2 Rights, Oxford University Press, • Government Attorney 2010 Guidelines, 2063 • Mamta Rao, Law relating to • Juvenile Justice, Resources Women and Children, Eastern Material, Office of Attorney Book Company, 2008 General, Nepal • Gus Martin, Juvenile Justice • Juvenile Justice Guidelines, Process and System, Sage Counselling Committee for Publications, 2005 Child Justice • Laxmi prasad Mainali, Juvenile • Juvenile Delinquency, Edited by Justice System in Nepal, Pairavi Prof. Laxmi prasad Mainali and Prakashana, 2016 Rom Thapa, Juvenile Justice • Samuel M. Davis, Rights of Coordination Committee and Juveniler, South Asian Edition. Tribhuvan University Faculty of Law, 2017

Session 21 National legal provisions related to Juvenile Justice: Objective of the session: regarding Juvenile Justice, At the end of this session the • Provisions set by the Act participants will be: relating to Children, • Informed about the National • Provisions in the National Legal provisions for the Juvenile Criminal (Procedure) Code, Justice. • Issues incorporated in the • Able to implement the Juvenile Juvenile Justice procedure, Justice Procedure • Issues to be considered during Subjects included in this Unit: criminal investigation and • Guidelines in the Constitution prosecution by prosecutors, • Judicial Perspective Kathmandu, 2065-WH- 0007, Reference Materials: Date of decision: 2065/7/18, • Constitution of Nepal • Ashish Adhikari vs. Ministry of • Act relating to Children, 2075 Home Affairs and others, 2058 B.S. B.S., Wo no. 70, Date of • National Criminal (Procedure) decision: 2058/12/13, Code, 2074 B.S. • Ashish Adhikari vs. Ministry of • Juvenile Justice Procedural Home Affairs and others, 2058 Rules, 2064 B.S. B.S., Wo no. 105, Date of • Resource materials of Juvenile decision: 2059/5/3, Justice, Office of Attorney • Ka Kumar Choudhari v. Nepal General, Nepal Government, criminal case no. • Juvenile Delinquency, Edited by 2715 of 2059, order date: Prof. Dr. Laxmi Prasad Mainali 2064/2/28 and Rom Thapa, Juvenile • Laxmi Prasad Mainali, Juvenile Justice System in Nepal, Pairavi Prakashan, 2016 • Bal Krishna Mainali vs. Home Ministry, 2053 B.S. Wo no. 3505, Date of decision: 2058/4/23, • Ashish Adhikari vs. Bak District Court, 2057 B.S. Wo no. 3390, Date of decision: 2057/12/2, • Ashish Adhikari vs. Dhankuta District Court, 2057 B.S. Wo no. 3505, Date of decision: 2058/8/28, • Tara Devi Khannal vs. Court, 2058 B.S. Wo no. 21, Date of decision: 2058/10/22, • Saubhagya Shah vs. District Administration office, Session 22 Diversion Objective of the session: • Juvenile Justice Procedure At the end of this session the Rules, 2064 B.S. participants will be: • Materials related to juvenile • Introduced about the concept of justice, Office of Attorney the diversion, General, • Acquainted with the provisions • Restorative Justice and of national law regarding the Diversion in Nepal’s juvenile diversion. Justice System, Office of Subjects included in this Unit: Attorney General, • Concept of diversion, • Ved Kumari, The Juvenile • Standard of diversion, Justice in India from welfare to • Preconditions of diversion, rights, Oxford University Press, • Guidance Principles of 2010 diversion, • Mamta Rao, Law relating to • Phases of diversion, women and children, Eastern • Diversion in Nepalese law Book Company, 2008 (Crime investigation, • Gus Martin, Juvenile Justice Prosecution and Judicial Process and System, Sage proceedings), Publications, 2005 • Effects of diversion in Juvenile • Juvenile Delinquency, Edited justice system, by Prof. Dr. Laxmi Prasad • Judicial perspective, Mainali and Rom Thapa, • Role of the prosecutors. Juvenile Justice Reference Materials: • Laxmi Prasad Mainali, • Act Relating to Children, 2075 Juvenile Justice System in B.S. Nepal, Pairavi Prakashan, 2016

Session 23 Restorative Justice Objective of the session: • The Act Relating to Children, At the end of this session the 2075 B.S. participants will be: • Juvenile Justice Procedural • Introduced about the concept Rules, 2064 B.S. of restorative justice, • Materials related to juvenile • Informed about the provisions justice, Office of Attorney of national law regarding General, restorative justice. • Restropective Justice and Subjects included in this Unit: Diversion in Nepal’s juvenile • Concept of restorative justice, Justice System, Office of • The difference between the Attorney General, punitive justice system and • Ved Kumari, The Juvenile the restorative justice system. Justice in India from welfare to • Fundamental Principles of rights, Oxford University Press, restorative justice system, 2010 • Underlying principles of • Mamta Rao, Law relating to restorative justice, women and children, Eastern • The stages of restorative Book Company, 2008 justice implementation • Gus Martin, Juvenile Justice • Process of the restorative Process and System, Sage justice, Publications, 2005 • Provision of restorative • Juvenile Delinquency, Edited justice in Nepalese law, by Prof. Dr. Laxmi Prasad • Effects of retrospective Mainali and Rom Thapa, justice in Juvenile Justice Juvenile Justice System, • Laxmi Prasad Mainali, • Judicial Perspective, Juvenile Justice System in • Role of the Prosecutor. Nepal, Pairavi Prakashan, 2016 Reference Materials:

Session 24 Juvenile Delinquency Objective of the session: • Sensitive on the the subject of At the end of this session the Juvenile Delinquency, participants will be:

• Reasonably behave, as per the Juvenile Justice Coordination values of the Juvenile Justice, Committee 2073 B.S., during investigation, • Kishor Silwal : "Juvenile prosecution and judicial Justice System in Nepal: An proceedings of the juvenile Overview" Nepal law delinquency. Review vol.18, no 1 and 2 Subjects included in this Unit: (2005 ) • Fundamental Principals and • Peter C. Kratcoski & Lucille Values relating to Juvenile Kratcoski, Juvenile Deliquency, Delinquency, Printicehall Ink., • Essential elements of juvenile New Jersey, 1979 delinquency and misconduct, • A Research book on Critical • Delinquency, misconduct and Analysis of Juvenile Justice adult crime, System in Nepal. 1st Ed • National and international laws Kathmandu and policies related to Juvenile • Forum for Protection for Delinquency, Protection of Peoples Rights, • Judicial Perspective Nepal (2007 ) • Role of the Prosecutor, • Juvenile Delinquency, Edited • Problems and Solutions. by Prof. Dr. Laxmi Prasad Reference Materials: Mainali and Rom Thapa, • The Convention on the Rights Juvenile Justice Coordination of the Child, 1989, Committee and Tribhuvan • The Act Relating to Children, University Faculty of Law, 2075 B.S., 2017 • Juvenile Justice Guidance,

Session 25 Communication with children Objective of the session: taking testimonies or At the end of this session the information and data from participants will be: children who have involved in • Identified the issues to be criminal activities or have been considered whild collecting a victim of crime information and data from Subjects included in this Unit: children • Concept of communication • Able to use the child- friendly • Means of communication communication skills while

• Objective of the • Subject matters to be communication considered by government • Child-friendly communication attorneys skills and child psychology Reference Materials: • The subject matters to be • Human rights in Justice considered while taking Administration, National testimonies of children and Judicial Academy information and data from • Communicating with Children, children Principles and Practices to • Effects of child friendly Nurture, Inspire, Excite, communication Educate and Heal, UNICEF, 2011

Session 26 Child Psychology

Objective of the session: At the end of this session the Reference Materials: participants will be: • Handbook of Child Psychology, • Introduced about the basic Editors: Nancy Eisenberg, aspects of child psychology Publisher: Wiley, • Behave towards children as per • Handbook of Developmental the child psychology during Psychology, Edited by Jaan investigation and prosecution Valsinerand and judicial proceedings • Kevin . Connolly, SAGE Publications, Subjects included in this Unit: • Juvenile Delinquency, Edited • Concept of child development by Prof. Dr. Laxmi Prasad • Stages of child development Mainali and Rom Thapa, • Introduction to child Juvenile Justice Coordination psychology Committee and Tribhuvan • Basic aspects of child University Faculty of psychology Law,2017 • Precautionary measures to be • NailJ. Salkind (ed ), Child adopted, in accordance with Development, Gale Group, child psychology, during New York, 2002 investigation or other proceedings

Session 27 Child reform home

Objective of the session: • Materials related to juvenile At the end of this session the justice, Office of the Attorney participants will be: General, Nepal • Introduced about the structural • Bal Krishna Mainali Vs. Home organization, functions, duties ministry et. al, 2056 B.S. , Writ and responsibilities of the child no. 3505, decision date: reform home 2058/04/23 • Effectively implement the • Ashish Adhikari Vs. Banke provision in which children District Court, 2057 B.S. Writ will be sent to the child reform no: 3390, decision date: home during investigation. 2057/12/2 Subjects included in this Unit: • Ashish Adhikari Vs. Dhankuta • Introduction to child reform District Court, 2057 B.S. Writ home no. 3685, Decision Date: • Functions of Child reform 2058/1/28 home • Taradevi Khanal Vs. Ilam • Process of operation and District Court , 2058 B.S., Writ management of child reform no. 21, Decision date: 2065/ home. 07/18 • Matters to be considered while • Ashish Adhikari Vs. Home transferring accused to the Ministry et al., 2058 B.S., Writ child reform home no. 70, Decision date: • Responsibilities of child 2058/12/13 reform home • Ashish Adhikari Vs. Home • Decisions of court regarding Ministry et. al., 2058 B.S., Writ the transfer of accused to child no. 105, Decision date: 2059/ reform home 05/03 • Precaution to be undertaken by • 'Ka' Kumar Chaudhary Vs. the government attorney Nepal Government, 2059 B.S., • Judicial perspective Criminal Appea; Number 2715, decision date: 2064/ 02/ 28 Reference Materials: • Udaya Shankar Mandal v. Surkhet District Court, NKP 2075, vol. 1, Decision no. 9930

Session 28 Determination and implementation of punishment to children • Judicial perspective regarding Objective of the session: determination of punishment to At the end of this session the children participants will be: Reference Materials: • Introduced about the issues to • National Penal Code, 2074 B.S. be considered, while • Criminal Offences (Sentencing determining punishment and and Execution) Act, 2074 B.S. execution of such punishment, • Criminal Offences (Sentencing for children who involve in and Execution) Rules, 2074 offence, and coordinate to B.S. implement such provision • The Act Relating to Children, Subjects included in this Unit : • Principles of determination of 2075 B.S. punishment • Sentencing Guidelines, • Legal provisions related to the Supreme Court determination of punishment • Juvenile Delinquency, Edited • Objectives to prioritize by Prof. Dr. Laxmi Prasad children involve cases and Mainali and Rom Thapa, implied separate punishment. Juvenile Justice Coordination Committee and Tribhuvan • Matters to be considered while University Faculty of Law, determining punishment to 2017 children • Privacy of the party

Session 29 Child Rights, International Treaties & Conventions and National Commitment

Objective of the session: • Introduced to the constitutional At the end of this session the and legal provisions regarding participants will be: the rights of children, and • Introduced to the provisions of active to protect the rights of child rights as provided in children during investigation of international instruments crime and punishment thereof. • Informed about the national Subjects included in this Unit : commitments on international • Conceptual development of conventions regarding the rights of children rights of children.

• Features of the UN Treaties on • Juvenile Justice Procedures rights of children Rules • Principles incorporated by the • Som Prasad Paneru Vs. Prime UN treaties on rights of Minister and Office of the children \ Council of Ministers et al, Writ • Conventions on right of of the year 2061 B.S., Writ no. children and Nepal's 3215, date of decision: commitment 2063/05/25 • Laws prohibiting child labor • Tilottam Paudel Vs. District • Guardianship of minor Administrative Office et al, • Provisions for the protection of Writ of the year 2057 B.S., writ rights of children in Nepal Appeal number 174,, date of • Perspective of judiciary on decision: 2058/ 04/25 rights of children propounded • Sabin Shrestha Vs. Prime by court. Minister and Office of the Reference Materials: Council of Ministers et al., writ • Constitution of Nepal of the year 2062 B.S., Writ • Convention on Rights of the number 71, date of decision: Children, 1989 A.D. 2062/ 08/ 30 • The Act relating to the • Bibek Chalise Vs. Saraswoti Children, 2075 B.S. Chalise, N.K.P. 2061, Decision • Act to prohibit and Control number 7391 child labor, 2059 B.S.

Session 30

Juvenile Court and Juvenile Bench

Objective of the session: • Juvenile Court’s concept At the end of this session the • Juvenile Court’s Improtance participants will be: and Reason • Acquainted with the concept of • Juvenile Bench’s Structure and Juvenile court. Jurisiction • Informed about Juvenile • Judicial perspective on bench’s jurisdiction and work Juvenile Court performance process. • Juvenile Bench Operation Subjects included in this Unit Process • Specialized Court’s concept • Juvenile Jusctice Procedure

• Positive aspects reflected by • Juvenile Bench Handbook, operation of Juvenile Bench Juvenile Justice Coordination • Problems seen during Committee implementation and solution • Santosh Kumar Mahato v. measures Prime Minister and Council of • Public Prosecutor’s Ministers Office including representation in Juvenile ( Related with Formation of bench Juvenile Court) Reference Materials • Kalyan K.C. v. District • The Act Relating to Children, Administration Office 2075 including, Kathmandu, Year • Juvenile Justice Procedure 2066 Writ No. 0025 Decision Rules, Date : 2066|6|25 • Guaidance of Juvenile Justce, • Balkrishna Mainali v. Prem Juvenile Justice Coordination and ….. NKP Decision Committee Number : 7629

Session 31

Crime against Juvenile and Victim Juvenile’s Protection

Objective of the session : • Things to be considered during At the end of this session the Investigation and prosecution participants will be: on crime against Juvenile • Introduced about the Crime • Protection of Crime Victim against Juvenile and the Juvenile measures to be adopted for • Involvement of crime Victim protection of victim Juvenile Juvenile in judicial Subjects included in this Unit proceedings • Crime against Juvenile • Role of the Prosecutor in • Investigation and Prosecution Investigation, prosecution and of crime against juvenile Adjudication of Justice • Justice adjudication procedure procedure on Crime against of Crime against Juvenile Juvenile • Why crime against juvenile is Reference Materials considered heinous crime • The Act Relating to Children, • Provisions laid down by 2075 Children’s Act • Crime Victim Protection Act, 2075

• National Penal Code 2074 Juvenile Justice Coordination • Juvenile Delinquency, Edited Committee and Tribhuvan by Prof. Dr. Laxmi Prasad University Faculty of Law, Mainali and Rom Thapa, 2017

Session 32

Problems and Solution ideas witnessed where women are involved case’s investigation, prosecution and hearing (Panel Discussion)

Objective of the session: • The participants shall be At the end of this session the divided in three groups to participants will be: discuss on problematic topics. • Identified the problems and • Each group shall be focus, proposed the solution measures discuss and present their regarding crime against conclusion on the problem Women or women involved (Crime against Womens’ criminal cases (investigation, (investigation, prosecution and prosecution and hearing hearing procedure) given by procedure) based on subjects the organizing team. learned during training. • Based on the presentation and Subjects included in this Unit discussion, the panel members • Organizing team shall shed and the person presiding shall light and give short statement give suggestion and guidance. on Implementation situation of Gender Justice.

Session 33 The problems seen in Juvenile Justice and its solution ideas (Panel Discussion)

Objective of the session : against Juvenile or Juvenile • The participants are expected involved cases and suggest to understand the problems possible solutions based on the observed during Investigation, lessons learned during the prosecution and hearing training. procedure relating to Crime Subjects included in this Unit

• The organizing group shall conclusion on the problem shed light and give short (Crime against Juvenile statement on Implementation (investigation prosecution and of Juvenile Justice. hearing procedure) given by • The participants shall be the organizing team. divided in three groups to • Based on the presentation and discuss on problematic topics. discussion, the panel members • Each group shall be focus, and the person presiding shall discuss and present their give suggestion and guidance.

8. Laws related to Government and Public property

Goals of Syllabus

• To prepare specialized attorneys on the subject of Government and Public property related Laws

Objective of Syllabus:

At the end of the course, participants will have knowledge on following things:

• Concept of property, types of property, fundamental concepts and principles of Government and Public property, • About Possession and Ownership, • Acquisition, transfer, lease and other related subjects on governmental and public property • National and international legal provisions, principles, established precedents and the newly developed values regarding Governmental and public property • Requisition of Guthi land, Property of Nepal Trust and other related subjects • Role of federal, state and local level government regarding Government and public property.

Framework:

The subjects included in the curriculum, prepared to specialize the government attorney by focusing in their professionalism, shall include 40% theoretical and 60% professional and practical aspects in each and every training session.

Subjects included in this Unit:

1. Concept of Property 2. Constitutional provisions and Practices regarding Property Rights 3. Government, Public, Community and Private Property 4. History on Nepalese Land Administration 5. Rights over traditional land system of Nepal 6. Provisions regarding Raikar and Birta system in Nepal 7. Provisions regarding Guthi in The Guthi Corporation Act 8. Provisions regarding Landowner, tenant and land ceiling 9. Provisions regarding transformation of land administration 10. Existing provisions on land survey and measurement 11. Provisions on re- survey and measurement 12. Provisions on land registration and record 13. Provisions for the registration of omitted land 14. Registration and preservation of government and public land 15. Transfer of ownership, transfer of title, registration, Dakhel Kharej and amendment of deed concerning house and land 16. Provisions relating to withhold and release of house and land 17. Provisions regarding land acquisition 18. Policies concerning land administration 19. Authorities involved in land administration and its record management 20. Preservation of Government Property and Public Property and Heritage 21. Institutional arrangements regarding the preservation of Public and Government property 22. Concept of Company and Preservation of property of the companies having government ownership or investment 23. Property related laws in Civil Code -1 24. Property related laws in Civil Code -2 25. Property related laws in Civil Code -3 26. Property related laws in Civil Code -4 27. Provisions incorporated in Civil Code concerning government and public property 28. State Party Civil Cases 29. Preservation of property owned by Public Corporation 30. Legal provisions regarding the preservation of property of various industries and factories owned or invested by government

31. Role of federal, state and local level on the preservation of government, public and community property 32. Provisions concerning Civil Procedure 33. Old (traditional) deeds used on transaction relating to property 34. Functions, duties and rights of the commission formed for the distribution of land

Session 1 Concept of property Objective of the session: • Jurisprudence: Legal At the end of this course, the Theory, Nomita Aggawal, participants will be: Central law Publication. • Informed about the concept of • Salmond on Jurisprudence property, its types, acquisition, Sir John Willam Salmond, usage and termination. Sweet and Maxwell. • Informed about the limitations, • Laxmi Prasad Kharel, liability and restrictions on Property law in Nepal property rights. Comparative study of Subjects included in this Unit: Muluki Civil Code ;DklQ • Concept of Property • Gunanidhi Neupane, sfg"g • Meaning and definition of , Pairavi Prakashan, Property 2072 • Principles of property • Gyaindra Bahadur ;DklQ sfg"g • Types of property Shrestha, , • Concept of ownership and Pairavi Prakashan, 2072 possession and its differences • Land Revenue Act, • Acquisition, usage and 2034(1978) termination of property • Land (Survey and • Limitations and restrictions on Measurement) Act, property rights 2019(1963) • Personal obligation on property • The National Civil Code, • Traditional and new concept on 2074(2017) property • The National Civil Procedure Code, 2074(2017) Reference materials: • Jagadish Acharya v. Gopal Dahit, N.K.P 2075, Vol. 1 Decision No. 9933

• Khadga Prasad Paiyaag v. Vol. 5, Decision No. 4919 Gopa Kirati, N.K.P 2051,

Session 2 Constitutional provisions and Practices regarding Property Rights Objective of the session: • Constitution of Kingdom of The participants will be: Nepal, 2015 • Informed about the • Constitution of Nepal, 2019 Constitutional provisions of • Constitution of Kingdom of Nepal and India on property Nepal, 2047 rights and its practice • Interim Constitution of Nepal, Subjects included in this Unit: 2063 • Government of Nepal Act, • Constitution of Nepal ;+j}wflgs sfg"g 2004 (1948) • , Fridel ;+j}wflgs sfg"g • Interim Government of • , Surendra Nepal Act, 2007 Bhandari • Constitution of Kingdom of ;+j}wflgs sfg"g • , Gopal Sharma Nepal, 2015 ;+j}wflgs sfg"g • Constitution of Nepal, 2019 • ,Kashiraj Dahal • Constitution of Kingdom of • Constitutional Law of India, Nepal, 2047 V.N Shukla • Interim Constitution of • Commentary on the Nepalese Nepal, 2063 Constitution Law, Surya • Constitution of Nepal Dhungel et.al (Only on the matters related • Constitutional Law of India, to property rights, D.D Basu constitutional remedies and • Laxmi Prasad Kharel, Property jurisdiction of the courts, law in Nepal Comparative provided by the mentioned study of Muluki Civil Code constitution) • Mahanta Lal Shrestha v. Office Constitutional provision of of the Prime Minister and India on Right to Property Council of Ministers, NKP and its' practice 2073, Vol. 12, Decision No. Reference materials: 9735 • Government of Nepal Act, • Ramdev Yadav v. Office of the 2004 Prime Minister and Council of • Interim Government of Nepal Ministers, NKP 2068, Vol. 8, Act, 2007 Decision No. 8665

• Shanti Shrestha v. Malpot • Mithilas Kumar Singh v. Office Karyalaya, Parsa, NKP 2064, of the Prime Minister and Vol. 2, Decision No. 7813 Council of Ministers, NKP • Shivalal Pode v. Kathmandu 2056, Vol. 7, Decision No. District Court, NKP 2064, Vol. 6746 5, Decision No. 7852 • Gauri Shankhar Rajput v. • Ramkrishna Niraula v. CIAA, Singheshwor Roy Yadav, NKP NKP 2061, Vol. 7, Decision No. 2053, Vol. 7, Decision No. 7404 6232 • Durga Laxmi Nirwan Sewa • Nanda Kumari Rawal v. Proprietor v. Illam HMG,Department of Industry Municipality, NKP 2061, Vol. NKP 2050, Vol. 4, Decision No. 12, Decision No. 7469 4721 • Roman Bahadur Karki v. • Krishna Prasad Gautam v. Department of Inland Revenue, Tara Gaun Development NKP 2061, Vol. 7, Decision No. Committee, NKP 2041, Vol. 8, 7406 Decision No. 2075 • Laxmi Narayan Maharjan v. HMG, NKP 2058, Vol. 1 /2, Decision No. 6979

Session 3 Government, Public, Community and Private Property Objective of the Session: • Types of government and At the end of this course, the public property (According participants will be: to Forest Act, Land • Informed about the concept, Revenue Act, Land (Survey types, similarities and and Measurement) Act, differences between National Parks And government, public, Wildlife Conservation Act) community and private • Similarities and differences property between government and public property Subjects included in this Unit: • Similarities and differences • Concept of government and between community and public property private property • Concept of community and Reference materials: private property

• Land Revenue Act, • The National Civil 2034(1978) Procedure Code, • Land (Survey and 2074(2017) Measurement) Act, • The National Criminal 2019 Code, 2074(2017) • Forest Act, 2049(1993) • Naritram Rana v. Office • National Parks and of the Prime Minister Wildlife Conservation and Council of Act, 2029(1973) Ministers, N.K.P 2066, • Aquatic Animal Vol. 12, Decision No. Protection Act, 8280 2017(1960) • Khadga Prasad Paiyag • The National Civil Code, v. Bhupal Kirati, N.K.P 2074(2017) 2051, Vol. 5, Decision No. 4919

Session 4 History on Nepalese Land Administration Objective of the session: • Athshatha, Ekharpi At the end of this course, the • Provision on establishment participants will be: of Madesh/Pahad maal in • Aware about the history of 1993 Nepal's land administration. • Practices of land survey and measurement Subjects included in this Unit: • Arrangement concerning • Land administration before talukdari unification of Nepal • Provisions relating to land • Land administration after administration in Muluki unification of Nepal Ain, 2020 • Provisions concerning land Reference materials: administration in Muluki • Muluki Ain,2020 Ain,1910 • Muluki Ain, 1910 g]kfnsf] Oltxf; • Provisions on sanad, ain, • : Surya Bikram sawal etc. Gyawali g]kfnsf] P]ltxfl;s ?k/]vf • Various records, facts and • : examinations of land Balchandra Sharma g]kfnsf] sfg"gL Oltxf; measurement carried out in • : Bishal interval of time Khanal

g]kfnsf] sfg"gL Oltxf; g]kfnsf] sfg"gL k|0ffnL / lxGb'' • : Rewati • ljlwzf:q Raman Khanal : Gyaendra Bahadur • g]kfnsf] sfg"gL Oltxf; hUuf Shrestha /lhi6«]zg k4ltx? / g]kfndf • Madesh Malko sawal o;sf] k|of]u, Keshav Sharma • Different provisions on sadan, hUuf hldg tyf e"ld ;DalGwt • ain, sawal etc sfg"g, Subash Nembang

Session 5 Rights over the traditional land system of Nepal Objective of the Session: • Act related to Ukhada Act, At the end of this course, the 2021(1964) participants will be: • Pasture Land • Informed about the rights over Nationalization Act, the traditional land system of 2031(1974) Nepal • Act Relating to Land of Jhora Area, 2028(1971) Subjects included in this Unit : • Rajya Rajauta (Petty States • Kipat and Rulers) Act, • Jimindari and Talukdari 2017(1961) ;DklQ sfg"g • Ukhada • : Gyaendra • Mahaajani Bahadur Shrestha ;DklQ sfg"g • Raikar • : Prof. • Jot/Jirayat Gudnidhi Neupane • Jagir/ Khangi • Property Law in Nepal: • Jirayat or Sir Jirayat Laxmi Prasad Kharel • Rajya Rajauta g]kfnsf] sfg"gL Oltxf; • : • Kharka/ Kharchari Rewati Raman Khanal • Bitauri hUuf hldg tyf • • Jhora e"ld ;DalGwt sfg"g Reference materials: , Subash Nembang

Session 6 Provisions regarding Raikar and Birta system in Nepal At the end of this course, Objective of the session: participants will be:

• Informed about the Raikar • The Lands Act, 2014 and Birta system. • The Lands Act, 2021(1964) Subjects included in this Unit : • Act Prohibiting the Charging a) Raikar: and Taking of Amount (Bhatti • Meaning and Introduction Charsa etc.) by Birta-holder to Raikar system on Birta, 2015(1958) • Legal provisions, Judicial • Birta Abolition Act, 2016(1959) perspective • Land (Survey and b) Birta: Measurement) Act, 2019(1963) • Meaning and Introduction • Land Administration Act, 2024 • Types of Birta • Land Revenue Act, 2034(1978) ;DklQ sfg"g • Rights, Duties and • : Gunanidhi Limitations of Birta-owner Neupane ;DklQ sfg"g and Tenant • : Gyaendra • Abolition of Birta and its Bahadur Shrestha consequences • Kajimananda Bajracharya v. Krishna Bahadur Maharjan, Reference Materials: NKP 2070, Vol. 2, Decision No. • Jagga Ra Jagga Kamauna Ko 8962 Lagi Khada Gareko Ain, 2013

Session 7 Provisions regarding Guthi in The Guthi Corporation Act Objective of the session: • Functions, duties and rights At the end of this course, the of board members of Guthi participants will be: corporation • Informed about the concept, • Various provisions types, features, operation concerning Guthi which are and legal provisions not incorporated in Guthi regarding tenants of Guthi Corporation Act land (Swargadwari, Resunga, Subjects included in this Unit: Devghat, etc.) • Concept of Guthi • Provision relating to • Types and Features of Tenancy of Guthi land Guthi • Operation of Guthi Reference materials: • Constitution of Nepal

• The Guthi Corporation Act, • Prakash Mani Sharma v. 2033(1976) Nepal Government, NKP • Ancient Monument 2064, Vol. 10, Decision No. Preservation Act, 2013 (1956) 7885 • Land Administration • Tulsi Maya Maharjan v. Procedures, 2063 Pancha Narayan Maharjan, • Land Administration NKP 2072, Vol. 12, Decision Directives, 2058 No. 9504 ;DklQ sfg"g • : Gyaendra • Kanchha Ratna Tuladhar v. Bahadur Shrestha Maya Devi Tuladhar, NKP 2043, Decision No. 2856

Session 8 Provisions regarding Landowner, Tenant and ceiling Objective of the session: • Division of land between At the end of this course, landowner and tenant participants will be: • Record of landowner and • Informed about the land tenant (Including the ceiling, acquisition of land provisions of Schedule beyond the ceiling, 1,2,3,4) acquisition of the tenant • Function, duties and rights rights, and about the rights of Land Reform Officer and duties of the tenant. Reference materials: Subjects included in this Unit: • The Lands Act, 2021 • Landowner and tenant • Land Rules, 2021(2064) • Rights and duties of • Land Administration Directives, landowner and tenant 2058 • Announcement of Land • Land Administration Procedure, Records (including 2062 Inventory No. 7) • Land Reform Directives, 2060 ;DklQ sfg"g • Ceiling on land, acquisition • : Gyaendra and distribution of land Bahadur Shrestha beyond ceiling ;DklQ sfg"g • : Prof. Gunanidhi • Acquisition, transfer and Neupane termination of rights of • Property Law in Nepal: Laxmi tenant, Prasad Kharel

Session 9 Provisions regarding transformation of land administration

Objective of the session: • Raptidun Bikash Chhetrako At the end of this course, the Jaminko (Bikri Bitaran) participants will be: Bewastha Ain, 2024 • Informed about the Reference materials: transformation in the • Land Administration traditional land Act, 2024(1996) administration. • Rajya Rajauta (Petty States and Rulers) Act, Subjects included in this Unit : 2017(1961) • End of Talukdari system • Pasture Land • Documents and Records Nationalization Act, from Talukdari 2031(1974) • Management of Land • Raptidun Bikash record and Land Chhetrako Jaminko administration maintained (Bikri Bitaran) by Government authority or Bewastha Ain, 2024 Government offices • Compilation of Land • Arrangement of collection Related Acts, 2072, of revenue by government Department of Land authority or government Reformation and office and auction of land Management for non-payment of revenue • Compilation of Land • Abolition of Rajya Rajauta Related Rules, and its consequences Department of Land • Registration of Kharka land Reformation and and its consequences Management

Session 10 Existing provisions on land survey and measurement land survey and Objective of the session: measurement. At the end of this course, the Subjects included in this Unit: participants will be: • Introduction to Land • Informed about the existing Survey and measurement legal provisions regarding

• Legal provisions on Land Reference materials: Survey and Measurement • Land (Survey and • Technical aspects of Land Measurement) Act, Survey and Measurement 2019(1963) • Procedure to prepare • Land Measurement landownership registration Regulation, 2058 record after survey and • Land Administration measurement Directives, 2058 • Process to update map • Land Administration records Procedure, 2062 • Weaknesses while updating • Prakash Ravi Pradhan v. Land Survey and Sunmaya Shrestha, NKP Measurement 2072, Vol. 12, Decision No. • Irregularities in Land 9507 Survey and Measurement • Satish Chandra Lal • Land Measurement Kayastha v. Ananda Procedures Prasad Upadhyaya Aryal, • Problems and solutions in NKP 2049, Vol. 3, Land Survey and Decision No. 4495 Measurement • Pitamber Upadhyaya v. • Judicial Perspective Land Revenue Office Banke, NKP 2046, Vol. 7, Decision No. 3883

Session 11 Provisions on re- survey and measurement Objective of the session: • Legal provisions on re- At the end of this course, participants survey and measurement will be: • Technical aspects of re- • Informed about the legal survey and measurement provisions on re-survey and • Procedure to prepare measurement of land landownership registration record after re-survey and Subjects included in this Unit: measurement • Objective and Importance • Land re-survey and of re-survey and Measurement Procedures measurement • Process to update map records

• Weaknesses on re-survey • Judicial Perspective and measurement Reference materials: • Irregularities in Land re- • Land (Survey and survey and measurement Measurement) Act, • Process to rectify errors and 2019(1963) amend maps • Land Measurement • Action against authority for Regulations, 2058 committing irregularities in • Land Administration land survey and Procedure, 2062 measurement and re-survey • Land Administration • Problems and solutions Directives, 2058

Session 12 Provision on land registration and record Objective of the session: errors made during the At the end of this course, the operation of Land Revenue participants will be: Office • Informed about the existing • Functions, rights and duties legal provisions regarding of Chief Officer of Land Land Registration and Record. Revenue Office Subjects included in this Unit: • Appeal on decision made • Introduction to land by Land Revenue Office registration and provisions • Problems and Solutions on land registration • Judicial Perspective • Provision regarding the Reference materials: amendment and correction • Land (Survey and of registration Measurement) Act, 2019 • Temporary registration (1963) • Establishment of rights • Land Revenue Act, • Registration of Government 2034(1978) and Public Land • Land (Survey) Rules, • Process of decision making 2058(2001) in land registration • Land Revenue Rules, • Appeal over decision made 2036 on land registration • Krishna Bijayananda v. • Provisions regarding the CIAA, NKP 2074, Vol. 8, rectification of serious Decision No. 9866

• Bauwalal Shah v. • Khadka Prasad Paiyang v. Bishwonath Shah Rauniyar, Jhapa District, Ban NKP 2066, Vol. 5, Sudridikaran, Uchha Decision No. 8145 Stariya Aayog, NKP 2051, • Devsharan Pandit v. Vol. 5, Decision No. 4919 Bauwalal Shah, NKP 2066, • Krishna Bahadur Vol. 12, Decision No. 8278 Manandhar v. Shyamwa • Rampukar Mandal v. Pode, NKP 2042, Vol. 4, Shahdev Mandal, NKP Decision No. 2324 2055, Vol. 3, Decision No. • Navaraj Mishra v. 6526 Medjamel, NKP 2030, Vol. 1, Decision No. 719

Session 13 Provisions for the registration of omitted land Objective of the session: • Actions against the At the end of this course, participants irregularities will be: • Conversion into Raikar • Informed about the legal • Registration of Birta land provisions related to • Registration of Ukhada registration of omitted land land Subjects included in this Unit: • Registration of Guthi land • Introduction to registration • Judicial Perspective of omitted land Reference materials: • Jurisdiction for registration • Policies Related to of omitted land and registration of omitted land, decision making process 2054 • Omitted Land registration • Omitted land registration committee Procedure, 2069 • Proof to be taken into • Land Administration consideration for Directives, 2058 registration of omitted land • Land Administration • Weaknesses in the Procedure, 2062 registration of omitted land • Nepal Government v. • Possible irregularities Sitaram Tripathi, NKP during the registration of 2074, Vol. 9, Decision No. omitted land 9873

• Digamber Chaudhary v. Vol. 7, Decision No. 8417 Baidyanath Jha, NKP 2067,

Session 14 Registration and preservation of government and public land Objective of the session • Local Government At the end of this course, Operation Act, 2073 participants will be: • Arrangement of • Informed about the adjustment of records in provisions related to Land Acquisition Act, registration and 2034 preservation of government • Provisions of Public and public land Roads Act, 2031(1974) c) Problems and solution Subjects included in this Unit : d) Judicial Perspective a) Registration and Reference materials: preservation of government • Constitution of Nepal and public land • Land Revenue Act, • Provisions of Land 2034(1978) Revenue Act, • Land (Survey and 2034(1978) Measurement) Act, • Provisions of Land 2019(1963) (Survey and • Forest Act, 2049(1993) Measurement) Act, • Local Administration 2019(1963) Act, 2028(1971) • Provisions of Forest Act, • Local Government 2049(1993) Operation Act, 2073 • Registration of • Land Acquisition Act, government or public 2034(1977) land in the name of • Public Roads Act, individual shall be void 2031(1974) b) Provision on preservation • Preservation of of government and public Government and Public land Land Directives

• Constitution of Nepal • Land Administration • Local Administration Directives, 2058 Act, 2028(1971) • Land Administration Procedure, 2062

• Krishnaram Minister and Council of Bijayananda v. CIAA, Ministers, NKP 2067, Ktm., NKP 2074, Vol. 8, Vol. 7, Decision No. Decision No. 9866 8416 • Gangadhar Shah et.al. v. • Narottam rana v. Office Rundhi Khanga Khatwa, of the Prime Minister NKP 2073, Vol. 2, and Council of Decision No. 9543 Ministers, NKP 2066, • Durgadutta Sigdel v. Vol. 12, Decision No. Nepal Government, 8280 NKP 2068, Vol. 3, • Hedambaraj Parajuli v. Decision No. 8583 Taranath Gautam, NKP • Pushpa Neupane v. 2064, Vol. 12, Decision Legislative Parliament, No. 6479 NKP 2067, Vol. 7, • Hedambaraj Parajuli v. Decision No. 8471 Head of Gandaki Zone, • Prakashmani Sharma v. NKP 2054, Vol. 11, Office of the Prime Decision No. 6459

Session 15 Transfer of ownership, transfer of title, registration, Dakhel Kharej and amendment of deed concerning house and land Objective of the session: • Dakhel Kharej At the end of this course, participants • Conditions for Dakhel Kharej will be: • Provision regarding amendment • Informed about the legal • Amendment on dual registration provisions regarding the • Classification of deeds transfer of ownership, approval • Introduction to inheritance of registration of deed, transfer • Inheritance and Succession order of title, registration, de- of inheritance registration, cancellation and • Conditions of acquisition of amendment of deed concerning Inheritance by Nepal house and land. Government Subjects included in this Unit: • Provisions of Inheritance to be

• Transfer of ownership and acquired by Local Level approval of deeds • Provision of inheritance of

• Introduction and process of property of the foreigner who transfer of title died in Nepal

• Acquisition of inheritance by • Land Administration Directives, Nepal Government 2058 • Problems and solutions • Land Administration Procedure, • Judicial Perspective 2062 Reference materials: • Bali Tamang v. HMG, NKP 2044, • The National Civil Code, Vol. 3, Decision No. 3040 2074(2017) and The National • Ramkant v. HMG, NKP 2036, Civil Procedure Code, Vol. 1, Decision No. 1238 2074(2017)

Session 16 Provisions relating to withhold and release of house and land Objective of the session: e) Withholding through At the end of this course, participants banks and financial will be: institutions • Informed about the withhold f) Withholding during and release of house and land judicial proceedings by Land Revenue Office, g) Withholding during conditions for withholding investigation house and land, types of • Legal provisions on withhold withhold and the process of and release of land releasing the withhold. • Provisions relating to withhold Subjects included in this Unit: and release of land in Muluki • General Information on Civil Code, 2074 withhold and release of • Judicial Perspective house and land by Land Reference materials: Revenue Office • The National Civil Code, • Conditions for withholding 2074(2017) and The National house and land Civil Procedure Code, • Types of withhold: 2074(2017) a) Withholding land • The National Criminal Code, beyond ceiling 2074(2017) and The National b) Withholding Criminal Code, 2074(2017) Government levy • Land Revenue Act, 2034(1978) c) Withholding fines • Land Acquisition Act, d) Withholding for the 2034(1977) purpose of collection of tax

• Recovery of Debts of Banks • Land Administration Directives, and Financial Institution Act, 2058 2058(2002) and its Rules • Land Administration Procedure, • Land Revenue Rules, 2036 2062

Session 17 Provisions regarding Land Acquisition Objective of the session: • [The] Kathmandu Valley At the end of this course, the Development Authority participants will be: Act, 2045(1988) • Informed about the legal • Ratna rajya Bajracharya v. provisions regarding land CIAA, NKP 2068, Vol. 12, acquisition and cross Decision no. 8737 off/adjustment. • Nirmala Shrestha v. Subjects included in this Unit: Manikadevi Shrestha, NKP • Concept of land acquisition 2067, Vol. 6, Decision No. • Constitutional provisions 8402 on land acquisition • Karamhussain Khaa v. • International practice on Ministry of Home Affairs, land acquisition NKP 2066, Vol. 9, • Legal provisions on land Decision No. 8230 acquisition • Netraraj Pandey v. Office • Problems and solutions of the Prime Minister and • Judicial Perspective Council of Ministers, NKP Reference materials: 2066, Vol. 6, Decision No. • Constitution of Nepal 8170 • Land Acquisition Act, • Gyanprasad Manandhar v. 2034(1977) The Timber Corporation, • Land Acquisition Act, NKP 2066, Vol. 1, 2018(1961) Decision No. 8058 • Immovable Property • Prem Bahadur Maharjan v. Requisition Act, Office of the Prime 2013(1956) Ministry, NKP 2061, Vol. • Highway (Construction 10, Decision No. 7448 Provision) Act, 2021(1964) • Thechar Kumari Rawat v. • Public Roads Act, Ministry of Housing and 2031(1974) Physical Infrastructure,

NKP 2058, Vol. 1/2, 2058, Vol. 1 /2, Decision Decision No. 6977 No. 6970 • Indra Kumari Gautam v. Council of Ministers, NKP

Session 18 Policies concerning land administration Objective of the session • Policies relating to the At the end of this course, the registration of omitted land, participants will be: 2054 • Informed about the policies Reference materials: related to land administration • Constitution of Nepal Subjects included in this Unit: • National Land Use Policy, • Directive principles, 2072 policies and obligations of • Policies relating to the State under Constitution registration of government (Laws related to Land) land and granting lease, • National Land Use Policy, 2071 2072 • Policies relating to • Policies relating to registration of omitted land, registration of government 2054 land and granting lease, 2071 Session 19 Authorities involved in land administration and its record management Objective of the session: • Survey Office At the end of this course, • Guthi/Trust Office participants will be: • Record Management • Informed about the • Legal provisions on institutions involved in land preservation of record administration and its • Authority responsible for record management preservation of record Subjects included in this Unit: • Problems and solutions • Land-Revenue Office • Judicial Perspective • District Administration Office Reference materials: • Land Reform Office

• Land Revenue Act, • The Privacy Act, 2031(1978) 2075(2018) • The Lands Act, 2021(1964) • Act related to Privacy of • The Guthi Corporation Act, documents, 2039 2033(1976) • Rules for Demolishing • Right to Information Act, Governmental Documents, 2064(2007) 2027

Session 20 Preservation of Government property, Public property and Heritage Objective of the session: • Ancient monuments and At the end of this course, the Archaeological objects participants will be: • Problems and solutions • Informed about the legal • Judicial Perspective provisions concerning government property, public Reference Materials property and heritage. • Forest Act, 2049(1993) Subjects included in this Unit: • National Parks and • Road and Road border Wildlife Conservation • Forest and Forest Act, 2029(1973) boundary • Electricity Act, • National Park and 2049(1992) wildlife reservation and • Ancient Monument conservation area and Preservation Act, its boundary 2013(1956) • Area received for • Mines & Minerals Act, hydroelectric and 2042(1985) irrigation projects • Public Roads Act, • Ponds, lakes, wetlands, 2031(1974) rivers and its area • Highway (Construction thereof, Provision) Act, • Mines, Minerals and the 2021(1964) area thereof,

Session 21 Institutional arrangements regarding the preservation of Public and Government property Objective of the session:

At the end of this course, the committees thereof and participants will be: various agencies, and the • Informed about the role of role of Swargadwari, Guthi Corporation and Office Resunga, Devghat etc. of the Nepal Trust in • Suggestions identified from management and preservation the report of Auditor of government and public General regarding public property and government properties Subjects included in this Unit: • Problems and solutions • Role of Guthi Corporation • Judicial Perspective in management and Reference materials: preservation of government • The Guthi Corporation Act, and public property 2033(1976) • Judicial Perspective • Pashupati Area • Role of Office of the Nepal Development Trust Act, Trust 2044(1987) • Legal provisions • Lumbini Development incorporated in Nepal Trust Trust Act, 2042(1985) Act • Nepal Trust Act, 2064 • Various departments • Ministry of Land Reform involved in the and Management v. management of government Prerana Raya Laxmi Singh, and public property: Office NKP 2075, Vol. 3, Decision of the Auditor General, No. 9963 Pashupati Area • Bhupa Bahadur Khatri Development Fund, Chhetri v. Council of Bouddhanath Area Ministers, NKP 2056, Vol. Development Committee 3, Decision No. 6685 and other related

Session 22 Concept of Company and Preservation of property of the companies having government ownership or its investment Objective of the session: legal provisions for the At the end of this course, the preservation of the property participants will be: of the companies having • Informed about the concept government ownership or of the company and the its investment

Subjects included in this Unit: • Companies owned or • Concept of company invested by the government • Share and debenture; and in Nepal rights and duties of • Management and shareholder and debenture preservation of the holder Companies owned or • Memorandum of invested by the government Association (MOA) and in Nepal Article of Association • Problems and solutions (AOA) • Judicial Perspective • Functions, duties and rights Reference materials: of Annual General Meeting • Companies Act, 2063 • Functions, duties and rights of Board of Members

Session 23 Property related laws in Civil Code -1 Objective of the session: • Chapter-2 Provisions At the end of this course, the relating to ownership and participants will be: possession • Informed about the legal • Chapter-3 Provisions provisions on property, relating to use of property ownership and • Problems and solutions possession of property; • Judicial Perspective and the use of property Reference materials: in Muluki Civil Code, • The National Civil Code, 2074 2074(2017) ;DklQ sfg"g Subjects included in this Unit: • , Gyaendra • Chapter-1 General Bahadur Shrestha provisions relating to ;DklQ sfg"g • , Gunanidhi property Neupane

Session 24 Property related laws in Civil Code -2 Objective of the session: • Informed about the At the end of this course, the arrangements regarding land participants will be: cultivation, Possession and

Registration, usufruct, and • Chapter-8 Provisions servitude of land in the Muluki Relating to Servitudes civil code. • Problems and solutions • Judicial Perspective Subjects included in this Unit: Reference materials: • Chapter-4 Provisions • The National Civil Code, Relating to Cultivation, 2074(2017) ;DklQ sfg"g Possession and Registration • , Gyaendra of Land Bahadur Shrestha ;DklQ sfg"g • Chapter-7 Provisions • , Gunanidhi Relating to Usufruct Neupane

Session 25 Property related laws in Civil Code -3 Objective of the session: • Judicial Perspective At the end of this course, the Reference materials: participants will be: • Constitution of Nepal • Informed about the provisions • The National Civil Code, regarding Guthi in Muluki 2074(2017) ;DklQ sfg"g Civil Code, 2074 • , Gyaendra Subjects included in this Unit : Bahadur Shrestha ;DklQ sfg"g • Part-6 Provisions • , Gunanidi concerning Guthi in Civil Neupane Code, 2074 • Problems and solutions

Session 26 Property related laws in Civil Code -4 Objective of the session: • Part-11 Provisions on At the end of this course, the acquisition and transfer of participants will be: property • Informed about donations and • Part-13 Provisions on pre- pre-emption of immovable emption of immovable property property Subjects included in this Unit: • Problems and solutions • Part-10 Provisions on Gift • Judicial Perspective and Donation Reference materials:

;DklQ sfg"g • The National Civil Code, • , Gunanidi 2074(2017) Neupane ;DklQ sfg"g • , Gyaendra Bahadur Shrestha

Session 27 Provisions incorporated in Civil Code concerning government and public property Objective of the session: Offence against national or At the end of this course, the public property participants will be: Reference materials: • Informed about the legal • The National Civil provisions of Muluki Civil Procedure Code, Code, 2074 and Muluki 2074(2017) Criminal Code, 2074 on Public • The National Criminal and Government property Procedure Code, Subjects included in this Unit: 2074(2017 ;DklQ sfg"g • Chapter-5 of Civil Code: • , Gyaendra Provisions concerning Bahadur Shrestha ;DklQ sfg"g government, public and • , Gunanidi community property Neupane • Chapter-8 of Criminal Procedure Code, 2074(2017:

Session 28 State Party Civil Cases Objective of the session: • Complaints, inquiries and At the end of this course, the evidence collection in Civil participants will be: cases where state is a party • Informed about the legal • Decision as to whether or not provisions on complaints, government related civil cases inquiries and evidence to be filed and filing of such collection, filing cases and cases defend in the state party civil • Witness testimony and cases examination of evidence Subjects included in this Unit: • Provision for pleading and • State party civil cases defending

• Provisions including • The National Civil application, appeal, review, Procedure Code, 2074(2017) revision • Prosecutor's Manual • Role of government attorney • Bange Lama v. CIAA, NKP in various civil cases other 2065, Vol. 6, Decision 8639 than state cases • Tej Bahadur Nepali v. • Problems and solutions Ministry of Land Reform • Judicial Perspective and Management, NKP Reference materials: 2065, Vol. 1, Decision No. • The National Civil Code, 7919 2074(2017)

Session 29 Preservation of property owned by Public Corporation Objective of the session: • Judicial Perspective At the end of this course, the Reference materials: participants will be: • Corporations Act, • Informed about the 2021(1964) preservation of the property • Nepal Water Supply owned by public corporation Corporation Act, 2046(1989) Subjects included in this Unit: • Nepal Airlines Corporation • Introduction to Public Act, 2019(1963) corporation • Nepal Electricity Authority • Public corporations in Act, 2041(1984) Nepal • Annual report of the Auditor • Management of property General ;fj{hlgs owned by public • Balgovinda Bista, ;+:yfg Joj:yfkg corporation • Protection of property • Annual progress report of owned by public government and public corporation. corporations, Ministry of • Weakness identified in Finance, Government of Auditor General's report Nepal • Problems and solution

Session 30

Legal provisions regarding the preservation of property of various industries and factories owned or invested by government. Objective of the session: • Judicial Perspective At the end of this course, the Reference materials: participants will be: • Corporations Act, • Informed about the 2021(1964) preservation of the property of • Balgovinda ;fj{hlgs ;+:yfg factories and industries owned Bista, Joj:yfkg or invested by the government; and the problems, challenges • Annual progress report of and solutions for its government and public preservation corporations, Ministry of Subjects included in this Unit : Finance, Government of • Industries and Factories Nepal owned or invested by the • Annual progress report, government 2074 of government and • Preservation of properties public corporations, of Industries and Factories Ministry of Finance, owned or invested by the Government of Nepal government • Problems and solutions

Session 31 Role of federal, state and local level government on the preservation of government, public and community property Objective of the session: • Rights of the Federal, At the end of this course, participants Provincial and Local level will be: government • Informed about the role of • Role of federal, state and local federal, state and local level level government on government on protection of management of government, government, public and public and community property community property • Role of federal, state and local Subjects included in this Unit: level government on • Concept of federal governance preservation of government, system public and community property • Problems and solutions • Judicial Perspective

Reference materials: • Local Government Operations • Constitution of Nepal Act, 2073 • The National Civil Code, • Local Administration Act, 2074(2017) 2028(1971) • The National Criminal Procedure Code, 2074(2017)

Session 32 Provisions concerning Civil Procedure: Objective of the session: • The National Civil At the end of this course, participants Procedure Code, will be: 2074(2017) • Informed about aware of the • Durga Prasad Upadhyaya provisions of Civil Procedure. v. Thulo Laxmi Prasad Subjects included in this Unit: Paudel, NKP 2055, Vol. 1 • General Principles on Civil Decision No. 6498 Procedure Laws • Pushpa Maharjan v. • Jurisdiction Kathmandu Nagar • Limitation Panchayat, NKP 2043, Vol. • Locus standi 4, Decision No. 2680 • Arrangement on petition • Ram Bahadur Nepali v. and rejoinder Ministry of Forest and • Presentation of Evidence Land Conservation, NKP and Examination 2048, Decision No. 4252 • Case hearing and Decision • Prakash Narayan Singh v. • Application/Petition and Aakriti Advertising, NKP Appeal 2071, Vol. 2, Decision No. • Execution of judgement 9111 Reference materials: • HMG v. Bimal Kumar sfo{ljlw sfg"g • , Gyaendra Thapa, NKP 2062, Vol. 5, Bahadur Shrestha Decision No. 7534 k|df0f sfg"g • Bijaya Kumar Shahi v. hari • , Prakash Wosti k|df0f sfg"g Prasad Paudel, NKP 2070, • , Laxmi Prasad Vol. 5, Decision No. 9008 Dahal k|df0f sfg"g • Samjhadevi Kewatin v. • , Rajitbhakta Ministry of Land Reform Pradhananga and Management, NKP

2059, Vol. 11/12, Decision No. 7153

Session 33 Old (Traditions) Deeds used on transaction relating to property: Objective of the session: • Letters used in old At the end of this course, participants (traditional) deeds will be: • Information on • Informed about Old formalities, stamp, etc. (Traditional) Deeds used on in old (traditional) deeds transaction relating to property • Study of old (traditional) and nature of such deeds deeds (Pragmatic Knowledge) Subjects included in this Unit: Reference materials: sfo{ljlw sfg"g • Old (traditional) deeds • , Gyaendra • Deeds used in the Bahadur Shrestha g]kfnsf] sfg"gL Oltxf; transaction of property • , and its nature Rewati raman Khanal • Required procedure for deed

Session 34 Functions, duties and rights of the commission formed for the distribution of land Objective of the session: • Functions, duties and rights At the end of this course, the of various commissions participants will be: • Legal provisions • Informed about the functions, • Formation Orders duties and rights of the • Problems and solutions commission formed for the • Judicial Perspective distribution of land Reference materials: Subjects included in this Unit: • Various orders for • Sukumbasi Samasya formation of commission samadhan Aayog (Landless • Indu Niraula v. Distruct Commission) Forest Office, Morang, • Basobas Aayog (Settlement NKP 2067, Vol. 6, Decision Commission) No. 8394 • Commission for Forest • Tej Bahadur Nepali v. Area Improvement Ministry of Land Reform

and Managment, NKP 2065, 2063, Vol. 12, Decision No. Vol. 1, Decision No. 7919 7798 • Bhim Bahadur Khatri v. Tulsi Maya Khatri, NKP

8. Corruption Prohibition Law Objective of course: To prepare specialized government attorney related to corruption prohibition laws. Objective of the Session: At the end of the course, participants will have knowledge on following things: • Introduction, Scope, Nature of the corruption offence and the principles applied in such offence. • United Nations Convention against Corruption Control and other International and Regional treaties against the corruption. • Provisions of foreign countries in regards to Corruption Control, essential decisions and precedents of the such foreign courts • Constitutional and Legal Provision relating to corruption prohibition, essential decisions and precedents of Supremen Court of Nepal

• Jurisdiction, Role and Limitation of Commission for the Investigation of Abuse of Authority in corruption prohibition.

Training syllabus method This syllabus has been prepared to produce specialized government attorneys and to enhance their professional development. The subject matter under this syllabus shall cover 40% of theoretical and 60% professional and practical knowledge.

Subjects included in this Syllabus 1. Concepts relating to the crime of Corruption 2. Types of Corruption 3. United Nations Convention against Corruption Control 4. International laws relating to Corruption Control -1 5. International laws relating to Corruption Control -2 6. Comparative study of foreign laws regarding Corruption Control 7. Judicial Practices of foreign courts on Corruption offence 8. Good Governance and Corruption 9. Interrelationship between Corruption and Development 10. Interrelationship between Corruption and Politics 11. Policy Level corruption- Impact and Control 12. Relation and Limitation of corruption and Financial Offence 13. Corruption in Public Property 14. Procedures relating to Public Procurement and Corruption 15. Concept, aspects and control relating to Private Sector Corruption and role of Government Attorney in its prevention 16. Transparency of NGO in Foreign Aid and Corruption 17. Corruption control and prevention Laws in Nepal 18. Corruption in various level and its prevention and control 19. Commission for the Investigation of Abuse of Authority (CIAA) as Ombudsman 20. Corruption Offence : 1- Acquisition of illegal assets 21. Corruption Offence : 2- Bribe and Graft 22. Corruption Offence : 3- Red Hand and Sting Operation 23. Corruption Offence : 4- Fraud Academic Certificate 24. Corruption Offence : 5- Miscellaneous 25. The Investigation provision regarding corruption offence

26. The prosecution, Decision and appeal of corruption offence related cases 27. Evidence Presentation, evaluation and witness protection in corruption offence related cases and role of Government Attroney thereof 28. Plead and defence in corruption offence related cases 29. Analitical Study of the district court and appeal court decision on corruption offence related cases 30. Coordination and cooperation in between the adjudicating institutions of the corruption controlling law 31. Role and Limitation of civil society and mass media on corruption control

Session 1 Concepts relating to the crime of Corruption Objective of the session: 1. Corruption around the World: • To inform government attorneys Causes, Consequences, Scope about the definition, scope, nature and Cures, www.imf.org and various principles of 2. GENERAL PRINCIPLES corruption to ensure effective AFFECTING THE SCOPE OF litigation and defense of case CORRUPTION OFFENCES: related to corruption. JURISDICTION, Subjects included in this Unit: CORPORATE LIABILITY, • Definition regarding the crime ACCOMPLICES AND of corruption INCHOATE OFFENCES, • Scope of crime relating to https://icclr.law.ubc.ca/wp- corruption (government, non- content/uploads/2017/06/Chapt government and private ) er-3-2017-1.pdf • Causes and effects of 3. Constitution of Nepal corruption 4. Prevention of corruption Act, • General Principles related to 2059 corruption (concept of mal- 5. Commission for the intention) Investigation of Abuse of • Corruption commit under the Authority Act ,2048 veil of organized structure 6. Commission for the • Relation and limitation of Investigation of Abuse of Authority Rules,2048 corruption and impeachment 7. Crime, Corruption and Reference materials: development, D.Narasimha Reddy, 2001

8. Dimension of Crime and 9. Political Corruption and State Corruption in India, Ranga crime, Clapton peoples and Kaarthikey an D.R, 2005 James E.Suttone, 2017)

Session 2 Types of Corruption Objective of the session: • Professional corruption and • To inform government Amateur Corruption attorneys about various types • Bureaucratic corruption and of corruption to ensure Political Corruption effective case litigation and • Incomplete crime relating to defense in cases related to corruption corruption. Reference materials: 1. Grand Corruption in Third Subjects included in this Unit : world Development, George • Political or Grand Corruption moody- sutart, (1992) • Petty Corruption 2. Greed, Corruption and Modern • Individual Corruption State, Susan Rose-Ackerman, • Institutional Corruption poul Langues, (2015) • Systemic or Systematic 3. Petty Corruption-facilitating Corruption payments and grease money, • Primary or Secondary Antonio Argandona, 2017 Corruption 4. The Many Faces of Corruption, • Public and Private Corruption Campos J.E/Pradhan Sanjay, • Corruption according to rule 2007 and Corruption against rule

Session 3 United Nations Convention against Corruption Control (UNCAC) Objective of the session: litigation of case related to • To make Government corruption. Attorneys aware about United Subjects included in this Unit: Nations Convention against United Nations Convention against Corruption Control to ensure Corruption (UNCAC), 2002 effective prosecution and • General Provisions • Preventive Measures

• Public Procurement and • International Co-operation Management of Public • Asset Recovery Finances • Technical Assistance and • Measure Relating to The Information Exchange Judiciary and Prosecution Services Reference materials: • Private Sector Corruption 1. https://www.unodc.org/docume • Measure to Prevent Money nts/brussels/UN_Convention_ Laundering Against_Corruption.pdf • Criminalization and Law 2. The Relevancy and Enforcement Effectiveness of the United • Criminal Liability of Legal Nations Convention Against Persons Corruption • Participation and Attempt of (https://papyrus.bib.umontreal. Corruption ca/xmlui/bitstream/handle/186 • Freezing, Seizure and 6/9037/BrunelleQuraishi_Ophe Confiscation lie_2011_memoire.pdf) • Protection of Witness, Expert 3. The International Legal and Victims Framework against Corruption: • Co-operation with Law Achievements and challenges: Enforcement Authorities and Jan Wouters, Ryngaert and Ann Others SofieCloots,

Session 4 International Law regarding Corruption Prevention (1) Objective of the session: (OECD) 1997 and its • To make Government miscellaneous Attorneys inform about treaties recommendations and agreements of • Inter-American Convention International and Regional against Corruption (OAS level relating to Corruption to Convention), 1996 ensure effective prosecution • The African Union Convention and litigation of case related to on Preventing and Combating corruption. Corruption (AU Convention), Subjects included in this Unit: 2003 • Organization for Economic Co- • The Southern African Operation and Development Development Community

Protocol against Corruption Measures for Prosecutors and (‘SADC Protocol’), 2001 Investigators, 2004 • The Economic Community of 2. The International Legal Frame West African States Protocol work against Corruption: on the Fight against Corruption Achievements and challenges: (‘ECOWAS Protocol’) 2001 Jan Wouters, Ryngaert and Ann Reference materials: SofieCloots, 1. United Nations Handbook on Practical Anti-Corruption

Session 5 International Laws regarding Corruption Control (2) Objective of the session: • Emerging concepts about • To make government attorneys Corruption Prevention aware about treaties and ➢ SARS: State Asset Recovery agreements of International System and regional level related to ➢ Corruption and Good corruption to ensure effective Governance prosecution and litigation of ➢ Corruption and Human Rights case related to corruption. ➢ Corruption in the Private Subjects included in this Unit Sphere • Anti-Corruption Initiatives ➢ Corruption and Its Extra in International /Regional Territorial Jurisdiction Institutions Reference materials: ➢ European Union 1. Hand book of Global Research ➢ Council of Europe and Practice in Corruption, ➢ World Bank Adam Graycar, Russella G ➢ Transparency International Smith (2011) ➢ The International Chamber 2. International Drivers of of Commerce and The ICC Corruption a Tool for Analysis, Rules on Combating 2012 (DECD) Corruption (‘ICC Rules), 1977

Session 6 Comparative study of legal provisions relating to prevention of Corruption of various countries

Objective of the session: ➢ Malaysia • To make government attorneys inform about legal Reference materials: provisions of various 1. The Prevention of Corruption Countries regarding Act 1988(India) Corruption Prevention to 2. United Kingdom Bribery Act ensure effective prosecution of 2010 and litigation of case related 3. American Anti-Corruption Act to corruption. (AACA), 2011 Subjects included in this Unit : 4. Commission to Investigation • Legal Provisions, Allegations of Bribery or Implementation status and Corruption, 1994 exemplary initiations taken by 5. The Swede dish Penal Code the following countries are to 6. The Japanese Criminal Code be studied in this session: 1907 ➢ India 7. The Penal Code of Indonesia ➢ Sri Lanka 1999 ➢ UK 8. The Eradication of the ➢ USA Criminal Act of Corruption ➢ Indonesia 1999 ➢ Sweden 9. Arthur Massiut Q.C. Paul H. ➢ Japan Loher International Corruption

Session 7 Judicial Practice of Foreign Courts regarding offence of Corruption Objective of the session: • Foreign judgments and • To make Government principles regarding corruption Attorneys aware about related offences important decisions and • Judicial practices of court of principles established by Denmark, Sweden, Norway, foreign courts to ensure Finland, Singapore, US, effective prosecution and Malaysia, India litigation of case related to • Policy-level practices, legal corruption. provisions and institutional Subjects included in this Unit : practices to minimize offence

of corruption in • Count performance Around the aforementioned countries world: A Comparative • Progressive and exemplary Perspective, Mooria Dakolias judicial practices that can be (1999) followed by Nepal • Arthur Massiut Q.C. Paul H. Reference materials: Loher International Corruption

Session 8 Good Governance and Corruption Objective of the session: • Areas of increased • To make Government corruption in Nepal Attorneys conceptually clear • Basis for measurement of about the role of Good good governance and Governance in corruption corruption control and relationship between corruption and Good Reference materials: Governance system to further • Good Governance: Delivering improve prosecution and Corruption-Free Public litigation of corruption issues. Services, N.BaskaraRao, (2013) Subjects included in this Unit : • Corruption and Good • Introduction of Good governance in Asia G.T.Haokip, Governance (2013) • Pre-requisites and • Corruption Perceptions Index- conditions of Good Transparency International Governance • Good governance • Good Governance and administration and transparency management Act, 2064 • Autonomy, Good • The Prevention of Corruption Governance and corruption Act, 2059 • Voluntary Offenses • CIAA Act 2048, and Rules 2059

Session 9 Interrelation between Corruption and Development Objective of the session: corruption and development to • To make government attorneys ensure effective prosecution conceptually clear about the and litigation of case related to inter-relation between corruption.

Subjects included in this Unit : • Impact of corruption on social • Impact of corruption on development and social development projects transformation • Impact of corruption on social Reference materials: transformation • Why Development Failed in • Poverty and corruption Nepal? Devendra Raj Pandey

Session 10 Interrelation between Politics and Corruption Objective of the session: • To inform Government Reference materials: Attorneys about political 1. Political Corruption: An corruption its various Introduction to the Issues, Inge dimensions with an aim to Amundsen,(1999) ensure effective prosecution 2. Prevention of corruption act, and litigation of corruption 2059 cases. 3. CIAA, 2048 and other related Subjects included in this Unit : laws and regulations • Meaning of political corruption 4. Nepal Kanoon Patrika • Different forms of political 5. Foreign Supreme Courts’ corruption including India Judgement • Interrelation between political collection corruption and Bureaucratic 6. Articles of Dr. Narayan corruption Manandhar • Effects of political corruption 7. Corruption Perception Index on the polities and economy of (बार्षाक माररकाको संगालो) the country 8. Resource Material of World • Impeachment and corruption Bank and Asian Development • Effectiveness and Access of Bank Institutions responsible for 9. हररबहादरु थापा र देवेन्रराज corruption control • Analysis of precedents पा赍डेयको पदाा पछाडडको ꅍयाय established in the subject matter

Session 11 Policy level corruption: Impact and Control Objective of the session:

• To provide information about • International law and laws of policy level corruption and its other countries regarding the nature, area and scope to policy level corruption ensure effective prosecution • Challenges and possible and litigation of case related to reforms corruption. Reference materials: Subjects included in this Unit: • Crime and Corruption in • Definitions and patterns of Organizations (2016), Gower policy level corruption Publishing, London • Policy level corruption and • Corruption, Anti-Corruption good governance and Governance, Dan Hough • Political corruption (2013) • Areas of policy level • Bad Governance and corruption which are yet to be Corruption R.Rose and C. addressed Peiffer (2010)

Session 12 Relation and Limitation of Corruption and Financial crime Objective of the session: of corruption with these crimes • To inform Government and limitation Attorneys about the nature of • Limitation and relation of financial crimes associated corruption with other crimes with the crime of corruption (arms and ammunitions, and ways in which they are Narcotic Drugs, Black committed to ensure effective Marketing, Hoarding, prosecution and litigation of Adulteration) corruption cases. • Anlysis of precedents of Subjects included in this Unit: Supreme Court regarding the • Concept of Corruption and issue Financial crimes Reference materials: • Various aspects of Financial 1. Concerned Nepal Laws crime (Money laundering, 2. Related laws of India, Banking offense, custom UK and US offenses, Human Trafficking, 3. Judicial Practices of Terrorist Financing, Nepal and foreign Fraudulment, Extortion countries Organized crime, etc.), relation

Session 13 Corruption relating to Public property Objective of the session:

• To make Government • Problems identified during Attorneys well informed about prosecution and adjudication of theoretical aspects and crimes relating to Corruption precedents relating to the of Public property offence of public property to • Comparative study on judicial ensure effective prosecution understanding and court and litigation of case related to practices corruption. Reference materials: Subjects included in this Unit : 1. Land (Survey and • Emerging concepts on usage of Measurement) Act, 2019 2. The Lands Act, 2021 and Public property and its Regulation management 3. Land Revenue Act, 2034 and • Corruption related acts against Regulation public property 4. The Effort to preserve lands of • Corruption in areas of land Government, Public and Guthi administration 5. Land Use Act, 2076 6. The Prevention of Corruption • Corruption during re-allocation Act, 2059 and regulation of Government 7. Commission for the Budget Investigation of Abuse of • Other Corruption related acts Authority Act, 2048 against Public 8. Good Governance • Comparative study of (Management and Operation) Act, 2064 international practices on 9. Judicial Practices of Nepal preservation and protection of Public property.

Session 14 Procedures relating to Public Procurement and Corruption Objective of the session: prosecution and litigation of • To conceptually clear case related to corruption. government attorneys about of Subjects included in this Unit: nature of corruption done • Features of Public Procurement through the public procurement Act and importance of its and legal provisions relating to implementation the prevention and control • Public Tender and quality thereof to ensure effective measurement

• Public Construction, service • Identification of patterns of procurement and consultation corruption during public services construction and procurement • Variation in public Reference materials: Construction • Public Procurement Act, 2063 • Expenditure management in • Public Procurement Regulation, public procurement and bill 2064 payment system • Procurement Guidelines issued • Reasons for non-completion of by the world Bank and ADB projects in set forth time in Standard Bidding Document Nepal • Gupta MP, Competitive Bidding (Procedures and Practices), 1998

Session 15 Concept of Corruption in Private areas and role of Government Attorney in its prevention Objective of the session: ➢ Preventive legal and policy • To inform government level measures to control attorneys about the legal and corruption in private sectors structural arrangements and ➢ Institutional measures to areas of improvement in prevent corruption in private relation to corruption control in sector private sector to ensure ➢ Institutional arrangements for effective prosecution and the control of corruption in litigation of case related to private sector corruption. ➢ International practice on the Subjects included in this Unit : control of corruption and ➢ Corruption in government lesson to be embraced by and private sector Nepal ➢ Corruption in public/ ➢ Article 12 and 15 of UNCAP government sector ➢ Judicial perspective ➢ Corruption in private sector regarding control of ➢ Difference in corruption of corruption in private sector public and private sector ➢ Role of government ➢ Methods of commission of Attorneys corruption in private sector ➢ Problems and measures to solve

Reference materials: • The Industrial Enterprises Act, • The Prevention of Corruption 2073 Act, 2059 • Competition Promotion and • Commission for the Market Protection Act, 2063 Investigation of Abuse of • Consumer Protection Act, 2054 Authority Act, 2048 • United Nations Convention • Good Governance Against Corruption, 2002 (Management and Operation) • United Nations Handbook on Act, 2064 Practical Anti Corruption • Principles of propounded Measures for Prosecutors and Precedents Investigators, 2004 • Company Act, 2063 • The International Legal • Associations Registration Act, Framework against Corruption : 2034 Achievement and Challenges: • Private Firm Registration Act, Jan Wouters, Ryngaert and Ann 2014 Sofie Cloots • Partnership Act, 2020

Session 16 Non-governmental Organization in Transparency of Foreign Aid and Corruption Objective of the session: non-governmental • To inform government organizations attorneys about the various • Regulatory arrangements of aspects of corruption commits, NGO and effectiveness because of misuse of foreign • Impact of foreign aid on anti- aid and lack of transparency corruption activities thereof; to ensure effective • Precedents of Supreme Court prosecution and litigation of in related topic case related to corruption Reference materials: Subjects included in this Unit : • EXPLORING THE IMPACT • Meaning, importance, OF FOREIGN AID ON relevancy and scope of Foreign CORRUPTION: HAS THE Aid “ANTICORRUPTION • Arrangements for the MOVEMENT” BEEN utilization of foreign aid and EFFECTIVE?, Nicholas prospective area of misuse of it. CHARRON • Mode of Acquisition and (https://onlinelibrary.wiley.com Expenditure; transparency and /doi/abs/10.1111/j.1746- accountability of foreign aid by 1049.2010.00122)

• Ramni Taneja, Foreign Direct • Economic Legal provisions for Investment and Globalization Public Procurement and • Foreign Aid Policy of Nepal, construction 2059 • Foreign judgments relating to • Development Aid Policy, 2071 corruption control and precedents published in Nepal Kanoon Patrika.

Session 17 Laws related to prevention and control of corruption in Nepal Objective of the session: • Provisions of prohibited acts • To inform government and punishment by prevention attorneys about constitutional of corruption Act and national legal • Expected offence arrangements on corruption • Provision regarding prevention and control to supervision of Corruption ensure effective prosecution Reference materials: and litigation on cases related • Constitutions of Nepal to corruption. • Prevention of Corruption Subjects included in this Unit: Act,2017 • State policy regarding the • Special Court Act, 2059 economic and administrative • Good Governance arrangements envisaged by the (Management and Operation) constitution, Act, 2064 • Establishment, Function, Duty • Commission for the and Power of Commission for Investigation of Abuse of Investigation of Abuse of Authority Act, 2048 and Authority as a Constitutional regulation,2059 body

Session 18 Corruption in various levels and its prevention and control Objective of the session: control in provincial level and • To make government attorneys coordination between state and conceptually clear about the province regarding corruption jurisdiction, institutional control to ensure effective arrangement of corruption

prosecution and litigation of • Role of National Vigilance case related to corruption. Center in Federalism • Coordination and cooperation Subjects included in this Unit : in between Center, Province • Principal- agent or agency and local level in corruption models; new public prevention. management perspectives; and Reference materials: neo-institutional economics • Constitution of Nepal frameworks • Prevention of Corruption • Bureaucratic and Participatory Act,2017 Populism and corruption • Commission for the • Multidisciplinary forms of Investigation of Abuse of corruption in different levels of Authority Act, 2048 and government in federal set up regulation,2059 • Arrangements for corruption • Good Governance control in civil servants of (Management and Operation) local and provincial structure Act, 2064 (Regional Offices) • Precedents

Session 19 CIAA in the role of Ombudsman Objective of the session: • Scope and limitation of • To inform Government Commission for Investigation Attorneys about role of of Abuse of Authority Commission for Investigation • Provisions relating to arrange of Abuse of Authority, its Misconduct and prohibited acts working areas and Limitation • Provisions on delegation of for corruption prevention and Power by CIAA control; to ensure effective • Judgments of Supreme Court prosecution and litigation of regarding the jurisdiction of case related to corruption. CIAA Subjects included in this Unit: Reference materials: • Meaning and concept of 1. Origin and Development of ombudsman Ombudsman System Around the Globe: http://shodhganga.inflibnet.ac.i

n/bitstream/10603/167036/8/08 4. Commission for the _chapter%203.pdf Investigation of Abuse of 2. Commission for the Authority Procedure, 2073 Investigation of Abuse of 5. Various judgments of Supreme Authority Act, 2048 Courts relating to subject 3. Commission for the matter Investigation of Abuse of Authority Regulation, 2059

Session 20 Offense relating to Corruption (1) - Acquisition of illegal assets Objective of the session: • Provision relating to property • To provide theoretical details and limitation and information along with impact of illegal property principles established by court • Relation of illegally acquired regarding the offence related to property offence with other acquisition of illegal assets to crimes the government attorneys to • International practices related ensure effective prosecution to the investigation and and litigation of case related to prosecution of offence related corruption. to acquisition of illegal assets and its uses. Subjects included in this Unit: • Evaluation of illegally acquired • Concept and meaning of illegal property in Malaysia property • Comparative study and • Acquisition of illegal property, analysis of judicial practice and and its areas and nature perspective • Offense relating to illegal Reference materials: property and legal provisions 1. On the Comparative Study of • Comparative study of Standard Corruption, Franklin and Basis of property E.Zamring / David T. Johnson evaluation (income and (2007) expenditure) 2. Investigating Crypto • Offence of illegal property Currencies, Wiley, (2018) acquire, expected offence and 3. Constitution of Nepal burden of proof 4. Prevention of Corruption Act , 2059 5. National Penal Code, 2074

6. Money Laundering 19. Nepal Government v. Ganesh Prevention Act, 2064 Aryal et.al., 063-CR-0650 7. Various judgment of Supreme 20. Nepal Government v. Court regarding the subject Birendra Kumar Singh, NKP matter 2072, Vol. 3, Decision no. 8. Najir sangraha published by 9366 Office of Attorney General 21. Nepal Government v. Achyut 9. Commission for the Krishna Kharel, NKP 2072 Investigation of Abuse of Vol. 6, Decision no. 9415 Authority Procedure, 2073 22. Nepal Government v. 10. Nepal Government v. Jaya Gokarna Poudel, NKP 2072, Prakash Gupta, NKP 2064, Vol. 8, Decision no. 9446 Vol. 11, Decision no. 8622 23. Nepal Government v. 11. Nepal Government v. Ishwor Harekrishna Bhagat, NKP Prasad Pokhrel, NKP 2066, 2072, Vol. 7, Decision no. Vol. 8, Decision no. 8200 9433 12. Nepal Government v. 24. Nepal Government v. Badri Chiranjivi Wagle, NKP 2067, Nath Shrestha, NKP 2072, Vol. 12, Decision no. 8519 Vol. 8, Decision no. 9449 13. Nepal Government v. 25. Nepal Government v. Ishwor Ramagya Chaturbedi, NKP Pd. Pokhrel, NKP 2072, Vol. 2068, Vol. 6, Decision no. 9, Decision no. 9461 8630 26. Nepal Government v. Bharat 14. Nepal Government v. Achyut Pd. Bhattarai, NKP 2072, Vol. Krishna Kharel, NKP 2068, 11, Decision no. 9492 Vol. 8, Decision no. 8667 27. Nepal Government v. Umesh 15. Lilaraj Goutam v. Nepal Kmr. Singh, NKP 2072, Vol. Government, NKP 2069, Vol. 12, Decision no. 9505 2, Decision no. 8770 28. Nepal Government v. Bharat 16. Nepal Government v. Khum Pd. Ghimire, NKP 2073, Vol. Bahadur Khadka, NKP 2069, 2, Decision no. 9545 Vol. 5, Decision no. 8832 29. Nepal Government v. 17. Nepal Government v. Ananda Mahendra raj Goutam, NKP Prasad Khanal, Criminal 2074, Vol. 1, Decision no. Appeal no. 3310 of 2062 9751 18. Nepal Government v. Yubraj Sharma, NKP 2069, Vol. 5, Decision no. 8886

Session 21 Offence relating to Corruption (2) – Bribe and Graft Objective of the session: 4. Prevention of corruption Act, • To provide detailed 2059 information to Government 5. National Penal Code, 2074 Attorney’s about the concepts 6. Money Laundering Prevention and principles of Graft and Act, 2064 bribe related offences to ensure 7. Najir sangraha published by effective prosecution and Office of Attorney General litigation of case related to 8. CIAA Procedure, 2073 corruption. 9. Bishnu maya Limbuni v. Subjects included in this Unit: Dronacharya et.al., NKP 2021, • Introduction and concepts of Decision no. 236 Bribe/Graft 10. Malika Pd. Shrestha v. Nepal • Forms of Bribe/Graft (money/ Government, NKP 2045, Vol. 5, asset/ Crypto-Currency) Decision no. 3471 • Criminal process and 11. Dwarika Choulagai v. Nepal procedure of Bribe/Graft Government, Supreme Court • Legal provisions relating to Bulletin, Year 15, Vol. 2 Bribe/ Graft Baisakh 2063, no. 332 • Comparative study of 12. Shiva Bdr. Swar v. Nepal international legal practices Government, Supreme Court relating to Bribe/ Graft Bulletin, Year 18, Vol. 21 Falgun 2066, no. 423 • The Challenges in 13. Thalesh Purve v. Nepal Investigation, Prosecution and Government, Supreme Court legal adjudication of Bribe/ Graft Bulletin, Year 18, Vol. 21 Baisakh 2066, no. 423 • Comparative study of Court 14. Tanka nath Dhakal v. Nepal practice and Judicial Government, Supreme Court Perspective Bulletin, Year 18, Vol. 18 Reference materials: Baisakh 2066, no. 420 1. On the Comparative Study of 15. Birendra Kumar Karna v. Corruption, Franklin Nepal Government, NKP 2069, E.Zamring /David T. Johnson Vol. 10, Decision no. 8897 (2007) 16. Pradip Adhikari v. Department 2. Investigating Crypto of Industry, NKP 2067, Vol. 4, Currencies, Wiley, (2018) Decision no. 8340 3. Constitution of Nepal

Session 22 Offence relating to Corruption (3) – Red Hand and Sting Operation Objective of the session: • Court practices and perspective • To give credible information to in Red Hand/ Sting Operation government attorneys on Sting • Role of investigating officer Operation/ Red hand related and prosecutor in Red Hand/ corruption, to ensure effective Sting Operation and areas of prosecution and litigation of reform case related to corruption. Subjects included in this Unit: Reference materials: • Introduction of Red Hand/ 1. Constitution of Nepal Sting Operation 2. The Prevention of Corruption • Methods of Red Hand / Sting Act, 2059 Operation 3. National Penal Code, 2074 • Procedure of Red Hand / Sting 4. Money Laundering Prevention Operation and validity of such Act, 2064 procedure (Searched same 5. Various judgment of Supreme currency from two people, Court regarding the subject search deed, searched from matter residence, car, table, third party) 6. Najir sangraha published by • Legal provision of Red Hand/ Office of Attorney General Sting Operation and 7. Commission for the comparative study of Investigation of Abuse of international practices. Authority Procedure, 2073 • Targeted person of Red Hand/ 8. On the Comparative Study of Sting Operation, relation of Corruption, Franklin head of the office on such issue E.Zamring /David T. Johnson and his/her responsibility (2007) 9. Investigating Crypto Currencies, Wiley, (2018)

Session 23 Offence relating to Corruption (4) – Fake educational certificate Objective of the session: certificate to ensure effective • To provide credible prosecution and litigation of information to government case related to corruption. attorneys on concepts and court Subjects included in this Unit : judgments of fake educational

• Introduction, concept, scope 2. NKP 2065, DN 7974, Pg.1207 and forms of fake educational (Tara RajBhandari Karki V. certificate Nepal Government) • Relation between public 3. NKP 2068, DN 8697 (Pramila authority position and fake Rai V. Nepal Government) educational certificate 4. Jay Narayan Acharya V. Nepal • Area and usage related with Government, Date of Decision : fake educational certificate 2074/10/18 • Legal provisions related to fake 5. Judgement of Bhakta Singh educational certificate and its 6. Judgement of Padam Pokhrel implementation 7. Najir sangraha published by • Study and analysis of Office of Attorney General preparation, submission of fake 8. Sudarshan Thapa v. Nepal educational certificate and Government, NKP 2064, Vol. 3, condition to not gain benefit Decision no. 7825 from such certificate 9. Ramesh Kumar Basnet v. • Fake educational certificate Nepal Government, NKP 2055, and condition of retirement of Vol. 3, Decision no. 6338 personnel 10. Nepal Government v. Phoolraj Sharma, Supreme Court • Comparative study of court Bulletin, Year 18, Vol. 20, 2066 practice and judicial Magh, no. 422, p.g. 28 perspective on this subject

matter 11. Ganesh Pd. Bhusal v. Nepal Government, Supreme Court Reference materials: Bulletin, Year 18, Vol. 20, 2066 1. Prevention of corruption Act, 2059 Magh, no. 422, p.g. 23

Session 24 Offence relating to Corruption – Miscellaneous Objective of the session: to ensure effective prosecution • To provide credible and litigation of case related to information to government corruption. attorneys on important Subjects included in this Unit: principles and court judgments • Concepts of other corruption of other forms of the related offences and illegal corruption, except above- harm and losses mentioned forms of corruption,

• Scope of other corruption 6. GENERAL PRINCIPLES related offences and emerging AFFECTING THE SCOPE issues of offences of corruption OF CORRUPTION • Other corruption related OFFENCES: offences and legal provisions JURISDICTION, thereof CORPORATE LIABILITY, • Attempt, Abettor and ACCOMPLICES AND corruption done by organized INCHOATE OFFENCES, group and additional https://icclr.law.ubc.ca/wpc punishment; its theoretical ontent/uploads/2017/06/Ch aspects apter-3-2017-1.pdf • Offences related to corruption 7. Crime, Corruption and not addressed by the development, D.Narasimha prevention of corruption act Reddy, 2001 • International practice related to 8. Dimension of Crime and other corruption related Corruption in India, offences and new uses RangaKaarthikey an D.R, • Comparative study of judicial 2005 Practice and perspective 9. The Many Faces of regarding to other corruption Corruption, Campos related offences. J.E/Pradhan Sanjay, 2007 Reference materials: 10. Hand book of Global 1. Prevention of corruption Research and Practice in Act, 2059 Corruption, Adam Graycar, 2. Mukuli Criminal Code, Russella G Smith (2011) 2074 11. International Drivers of 3. The Straggle Against Corruption a Tool for Corruption: A Comparative Analysis, 2012 (DECD) Study, R. Johnson (2004) 12. Bhrastachaar sambandhi 4. Dimension of Crime and najirko sangaalo Corruption in India, Dr. A 13. Yadav Lamichhane v. Ranga Reddy / D.R. Special Police Department, Kaarthikeyan NKP 2046, Vol. 6, Decision 5. Corruption around the no. 3849 World: Causes, 14. Special Police Department Consequences, Scope and v. Ishwori Pd. Baiju, NKP Cures, www.imf.org 2046, Vol. 11, Decision no. 3986

15. Narbahadur Budhathoki v. Court Bulletin, Year 18, Vol. Nepal Government, NKP 19, 2066 Magh, no. 421 2047, Vol. 8, Decision no. 19. Sarjan Pande v. Nepal 4197 Government, Supreme 16. Bijayanath Bhattarai v. Court Bulletin, Year 18, Vol. Nepal Government, NKP 15, 2066 Mansir, no. 417 2066, Vol. 7, Decision no. 20. Tulsiram Pande v. Nepal 8194 Government, NKP 2067, 17. Purnaprasad Wagle v. Nepal Vol. 5, Decision no. 8381 Government, Supreme 21. Nepal Government v. Court Bulletin, Year 18, Vol. Chandeshowr Raya Yadav, 19, 2066 Magh, no. 421 NKP 2074, Vol. 6, Decision 18. Narendrabahadur no. 9827 Kurungwang v. Nepal Government, Supreme

Session25 Provision for investigation of corruption related offence Objective of the session: ➢ Preliminary and detail • To provide important investigation information to government ➢ Abate the complaint and its attorneys on authority for consequences investigation, investigation ➢ Various methods and officer and procedures for procedures of evidence investigation of Corruption collection in investigation related offences; to ensure ➢ Challenges during effective prosecution and investigation and possible litigation of case related to reforms corruption. ➢ Situation of failure of State Subjects included in this Unit: Party cases ➢ Provision to initiate the ➢ Dimensions that must be information of crime adopted for effective commission and process of investigation investigation. Reference materials:

1. National criminal procedure Identifying cause/strategies for code, 2074 action, Bertram I, Spector 2. Sarkari wokil digdarsan, 2074 (2012) 3. Corruption Prevention Act, 8. Investigation and Prosecution 2059 of Corruption Offense; 4. Commission for the Materials for the making Investigation of Abuse of course, OECD (2012) Authority Act, 2048 9. Hand book of Global Research 5. Commission for Investigation and Practice in Corruption, of Abuse of Authority Rules, Adam Graycar, Russella G 2059 Smith (2011) 6. Commission for Investigation 10. United Nations Handbook on of Abuse of Authority Practical Anti-Corruption Procedure, 2073 Measures for Prosecutors and 7. De-Cteching Corruption in Investigators, 2004 Developing Countries

Session 26 Decision, prosecution and appeal of Corruption related cases Objective of the session: related cases will be proceed or • Provide information to not proceed and prosecution; government attorneys about the and procedure provision of authority to decide ➢ Basis and relevancy of whether the corruption related authorities beyond Attorney cases will be proceed or not General in deciding (corruption proceed, process to decide, related cases will be proceed or preparation of Charge sheet not proceed), prosecution and and filing; to ensure effective appeal of corruption related prosecution and litigation of cases case related to corruption. ➢ Status of participation of Subjects included in this Unit: Government Attorneys in past ➢ Legal and constitutional and present for corruption provision for authority to related case litigation decide whether the corruption

➢ Practice of foreign states on Prosecution of prosecution of corruption cases Corruption-export ➢ Positive aspects of prosecution seminar OECD (2010) and appeal of corruption cases 6. Investigation and in Nepal and identified Prosecution of problem and reform areas Corruption Offense; Materials for the Reference materials: making course, OECD 1. Corruption Prevention (2012) Act, 2059 7. National criminal 2. Sarkari wokil digdarsan, procedure code, 2074 2074 8. United Nations 3. Dil Bahadur Lama: Nkp Handbook on Practical 2051 DN 4940 pg.504 Anti-Corruption 4. Akhtiyaar durupayog Measures for anusandhan aayog Prosecutors and abhiyojan niti, 2075 Investigators, 2004 5. Effective Means of Investigation and

Sessions 27 Presentation, examination of evidences and witness protection in Corruption related cases and Role of Government Attorneys Objective of the session: litigation of case related to • To provide information on corruption. legal provisions regarding Subjects included in this Unit: procedures presentation, ➢ Collection and importance of examination and preservation digital evidence (Digital of evidence to government Forensic, Mobile Forensic, attorneys along with their role Computer Forensic, Network in this process to ensure Forensic, Data Based and E- effective prosecution and mail Forensic, Video, Voice

record, CD record) in 2. National Criminal Procedure corruption cases Code, 2074 ➢ Role and responsibility of 3. Sarkari wokil digdarsan, 2074 Government Attorneys in 4. Guide To Computer Forensics proper presentation of evidence and Investigation, Bill Nelson in Corruption cases Amerlia Philips Frank, ➢ Points to be considered by Enfinger and Government Attorneys in ChritopherSteauart, (2016) examination of evidence of 5. Computer Forensics Principles corruption related cases and Practices, Linda Volonino, ➢ Sensitivity of evidence in Reynaldo Anzaldua, and Jana corruption cases and bases and Godwin (2006) importance of evidence 6. Forensic Discovery, Dan preservation Farmer and Wielsevenem ➢ Areas to be reformed for (2005) proper protectio and 7. Real Digital Forensics preservation of evidence in Computer Security and Corruption cases Incidental Response Jones K.J. Reference materials: And Bestlich r And Rose C.W. 1. Evidence Act, 2031 (2006)

Sessions 28 Plead and defense of Corruption related cases Objective of the session: ➢ Litigation skill and litigation • To produce competitive management Government Atttorney by ➢ Importance of motivation to providing information about Government Attorneys for the issues to be adopted for litigation of Corruption cases effective litigation, plead and defence the cases related to Reference materials: corruption. 1. National Criminal Procedure Subjects included in this Unit: Code, 2074 ➢ Formation of specialized 2. Sarkari wokil digdarshan, Government Attorneys group 2074 in Corruption and basis for 3. THE ART OF ADVOCACY A development and importance HANDBOOK FOR NON- ➢ Prior preparation for litigation PROFIT ORGANIZATIONS and defense of corruption cases

(https://www.habitat.ca/files/47 5. The art of advocacy , 52180162832249.pdf) LLoydpaul Stryker (1954) 4. Art of Advocacy preparation of 6. Lawyers Desk Book, Dana the case, David B. Baum (1997) Shilling, (2018)

Session 29 Analytical study of Judgments of Initial and Appeal Courts in Corruption related cases Objective of the session: ➢ Case of Jay Prakash • To inform government Gupta attorneys aobut the similarities ➢ Case of Murari Babu and substantial difference Karki between judgments of Special ➢ Case of Ishwor Pokhrel Court and Supreme Court • Recent principle in judgment regarding famous Corruption provided by Judicial Review in related cases to ensure Corruption cases effective prosecution and Reference materials: defence of case related to 1. Nkp 2067, Vol. 12, DN 8519 corruption. 2. Nepal Government V. Murari Subjects included in this Unit: Bahadur Karki, Date of • Role and expectation of Court Decision: 2069/02/03 in Prevention of Corruption 3. Nkp 2069, Vol. 5 DN.8832 • Analysis of decisions of initial pg.771 and appeal courts in following 4. Nkp 2068 DN.8630 cases: 5. Nkp 2072, Vol. 8 DN.9446 ➢ Case of Chiranjaibi 6. Nkp 2072, Vol. 9, DN.9461 Wagle 7. Mahanyayadhiwaktako ➢ Case of Khumbahadur Karyalayabataa Prakaasit Khadka Bishayagat Najirko Sangalo ➢ Case of Ramagya Chaturbedi

Session 30 Coordination and Co-operation of authorities that implement laws relating to Corruption prevention Objective of the session: areas, subjects and methods of • To provide information about cooperation and assistance in identity of stake holders in Corruption related cases with corruption prevention activities; intend to ensure effective

prosecution and defence of 1. Constitution of Nepal case related to corruption. 2. Good Governance Subjects included in this Unit: (Management and Operation) • Identity of concerned Act, 2064 institutions and its assistance 3. Sarkari Wokil Sambandhi to Government Attorneys Niyamawali, 2055 during defense of Corruption 4. Commission for Investigation cases and areas of cooperation of Abuse of Authority (CIAA) • Importance of coordination and Act, 2048 cooperation between concerned 5. Commission for Investigation authorities in Corruption of Abuse of Authority related cases and its effect on Procedure, 2073 litigation 6. Commission for Investigation • Method, legal basis and of Abuse of Authority Rules, accountability of coordination 2059 and cooperation 7. Sarkari Wokilharuko Dosro • Develop and manage the Rastriya Sammelan method of Coordination Bisheshanka, 2075 Reference materials:

Sessions 31 Role and limitation of Civil Society and Mass Media in prevention of Corruption Objective of the session: obligation towards the society • To inform government and nation attorneys about the role of • Non-Governmental Civil Society, Mass Media and Organizations and Anti- Non – governmental Corruption Reforms, organizations and its limitation • The Role of Media in Anti- regarding Corruption; to ensure Corruption, effective prosecution and • Anti-Corruption Education, defend the cases related to • Lokpaal Bill of India and corruption. progressive attempts of other countries Civil Society Subjects included in this Unit: Reference materials: • Introduction of Civil Society 1. Constitution of Nepal and Mass Medias and its 2. Corruption Prevention Act, 2059

3. Commission for Investigation 7. Commission for Investigation of Abuse of Authority Act, of Abuse of Authority 2048 Procedure, 2073 4. Commission for Investigation 8. www.csd.bg/files/5en.pdf of Abuse of Authority Rules, 9. https://www.oecd.org/site/adbo 2059 ecdanticorruptioninitiative/mee 5. Right to Information Act, 2064 tingsandconferences/ and Rules 42877292. pdf 6. Nepal Sarkarko Suchana tatha 10. www.lawjournals.org/downloa Sanchaar Niti d/200/3-5-42-591.pdf

9. Service Related Law

Goals of Syllabus

• To prepare specialized attorneys on the subject of Service related Laws

Objective of Syllabus:

• Will be informed about the legal provisions related to terms and conditions of service related laws of the employees involved in Civil Service and Public Service Institutions • Will be able to properly represent in the disputes of educational qualification, career development and departmental action and other relevant issues of Civil and Public Service • Will be informed about the Concept of Trade Union and Rights of Trade Union in the Civil Service, • Will be acquainted with the Principles and Process for the determination of Educational Competency in Civil and Public Service • Will be introduced with the rules of interpretation for the interpretation of service related laws,

Framework:

The subjects included in the curriculum, prepared to specialize the government attorney by focusing in their professionalism, shall include 40% theoretical and 60% professional and practical aspects in each and every training session.

Subjects complied in this Unit

1. Introduction to Civil Service Laws 2. Interpretation of Service Related Laws and Supreme Court's Perspective 3. Public Service and Public Service Commission 4. Nature of Disputes related to Employees 5. Terms and Conditions of Civil Service 6. Educational Qualification 7. Equality and Positive Discrimination 8. Promotion and Career Development in Civil Service and Public Service 9. Promotion Process 10. Moral Conduct of Civil Servants and Employees of Public Service 11. Departmental action 12. Procedures of Departmental Action and Fair Trial 13. Study leave, Nomination for a Study and Training 14. Transfer of Employees 15. Code of Conduct of Police/Armed Police Force Employees and Punishment 16. Departmental action against Police Employees 17. Code of Conduct of Nepal Army and Departmental Action 18. Court's perspective regarding departmental action carried out against Employees 19. Removal and Termination from Service 20. Disputes related to Upgrade, Title of Post and Posting of Employees of Health Services 21. Basic Information related to Writ 22. Defending disputes related to the Employees of concerned Service 23. Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-1 24. Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-2 25. Division of Service Group 26. Nature of Writ on Terms and Conditions of Service and Court's perspective 27. Session 27: On Leave 28. Retirement, Gratuity, Pension & other facilities and Calculation of Tenure and Service Period 29. Educational Qualification, Equivalency and Affiliation 30. Question regarding the Unconstitutionality of the law and Service related Laws 31. Tenure Indicated and Non-Indicated Appointment in Public Service and Disputes 32. Civil Service and Trade Union 33. Administrative Court and Disputes related to service 34. Disputes related to Age Calculation

Session-1 Introduction to Civil Service Laws Objective of the session: • Principle, nature and scope of the laws related to civil • To provide basic knowledge service and other public about the terms and service, conditions on the laws • Comparative study on related to the employees of Public service, civil service civil service and public and Labour Laws, service • Foreign practices on laws • To inform them about the related to civil service and introduction and definition public service of laws and its scope and nature with regard to Reference Materials: appointment, transfer, • Beliocchi, Luke. 1993. promotion, facilities, “Elements of Model civil conduct and departmental service Laws for Developing action against civil servants Nations.” OPR, World Bank, or government employees Washington, D.C. • To inform them about the • OECD (Organization for scope of civil service and Economic Cooperation and public service Development). 1996. “Civil • To provide information on Service Legislation: general principle of laws Checklist on Secondary applicable to the Human Legislation (and other resource of Public Service, Regulatory Instruments)” definition and scope of laws SIGMA papers No. 14 Paris: related to the public service, OECD/SIGMA. theoretical difference • Ozaki, M., et. al. 1986. between civil service & "Labour Relations in the government service and the Public Service: Developing labor laws Countries." ILO, Geneva. Subjects included in this Unit: • Schnapp, Kai-Uwe. 2000. In this session, the resource "Derived Veto Position of person shall include following Ministerial Bureaucracies: A subjects: Comparative Description." • Meaning and Definition of Social Science Research Service related laws, Center, Berlin. SIGMA Civil

Service and State Mandamus et. al., NKP 2065, Administration (CSSA) Volume 2, Decision No. Country Reports. 7934 • J. Grawel Kamwel vs. Labor Court et. al., Certiorari

Session -2 Interpretation of Service Related Laws and Supreme Court's Perspective

Objective of the session: • Important Judgments on Interpretation of Laws of • To provide basic information service related Laws. to Government Attorneys' about Interpretation of Reference Materials: service related laws, • Interpretation of Laws Act, • To clarify the need and 2010 (1954) importance of interpretation • Interpretation of Statutes, of service related laws, Maxwell, 2nd edition, 1976, • To introduce them with the Sweet and Maxwell, London rules of interpretation for the • Recruitment Principles, interpretation of service Civil Service Commission related laws, United Kingdom, • To inform them about (http://civilservicecommissi Supreme Court's important on.independent.gov.uk/wp- judgments on the content/uploads/2015/05/RE interpretation of Service CRUITMENT- related laws. PRINCIPLES-FINAL.pdf) Subject included in this Unit: • Shiva Kumar Basnet vs. Public Service Commission • Meaning and definition et al, NKP 2064, Volume 10, about the rules of Decision No. 7894 interpretation on service • Top Bahadur Bhusal vs. related laws, Ministry of Education and • Principles and Rules of Sports, NKP 2070, Volume 3, Interpretation, Decision No. 8974 • Situation of Interpretation of • Kamalarani Yadav vs. Rules and its' Janakpur Cigarette Industry, Implementation,

NKP 2066, Volume 3, Civil Aviation, NKP 2067, Decision No. 8106 Volume 6, Decision No. • Kul Bahadur Limbu vs. 8392 Ministry of Tourism and

Session-3 Public Service and Public Service Commission Objective of the session: • Legal and Constitutional Provisions of Public service • To inform them about the in relation to Selection, inter-relationship between Promotion and Departmental public service and public action service commission and • Role of Public Service about the role of Public Commission in selection Service Commission for the process and inform them selection, appointment, about Public trust transfer, promotion and action against human • Development, Effect and resource of public service Scope of Public Service and related legal provisions, Commission • To inform them about Reference Materials: international practices on • Constitution of Nepal, Part human resource 23 management in public service with examples on • Public Service Commission some national practices, Act, 2066 (2010); Regulation 2067 • To provide basic information about the role of Public • Constitution of India, 1949, service commission in Art. 315 to 323 selection and promotion of • Constitution Reform and employees of Public service Governance Act, 2010 of in accordance with general England, Chapter I principles, • Recruitment of Personnel, David G. Carnevale and Steven Housel, A HANDBOOK OF PUBLIC PERSONNEL Subject included in this Unit: ADMINISTRATION

• Madhunidhi Tiwari, ;fj{hlgs • Administrative Law, Mark k|zf;gsf s]xL kIfx?, (2060), Elliott and Jason N. E. Publisher: Kanti Tiwari, Varuhas, 5th ed. 2017, Kathmandu Oxford University Press • Study Material for public • Madhwesh Kumar Pathak vs. administration, IGNOU Public Service Commission notes for pub ad UPSC civil et al, NKP 2070, Volume 6, service exam., Decision No. 9018 https://www.scribd.com/doc • Maheshwor Shrestha et. al. ument/219786185/Public- vs. Public Service Administration-Unit-48- Commission, 2062, Writ no. Union-Public-Service- 2786, Decision Date Commission-Selection- 2062/11/5 Commission

Session-4 Nature of Disputes related to Employees

Objective of the session: • To impart knowledge on basic aspects of • To provide basic information consideration while on nature and types of representing the writ related disputes related to to Employees, employees, • To learn about the • To provide information conditions for the issuance about the nature and types of or non-issuance of writ, disputes related to • To learn about the Supreme employees in the context of Court's perspective on it. Nepal, • To train them about the Subject included in this Unit: disputes filed in • Subjects and scope of Administrative court and disputes related to service, Supreme court wherein • Appeal and Writ jurisdiction employees of public service on service related disputes, are involved and its related relevant laws and Supreme • Conditions for Issuance and court's perspective, Non Issuance of writ,

• Supreme Court's Judgments • Rajiv Raheja, Supreme on disputes related to Public Court on Service Law, Service. Capital Law House, 1st ed. 2011 Reference Materials: • Shiva Kumar Basnet vs. • Civil service Act, 2049 Public service commission (1993); Civil Service Rules, et. al., NKP 2064, Volume 2050 (1993) 10, Decision No. 7894 • Nepal Health Service Act, • Shanta Bahadur Gurung vs. 2053(1997); Nepal Health Nepal government, Prime Service Rules, 2055 (1999) Minister and Council of • Police Act 2012 (1955); Minister, NKP 2064, Volume Police Rules, 2049 and 2071 4, Decision No. 7839 • Armed Police Force Act, • Kul Bahadur Limbhu vs. 2058(2001); Armed Police Ministry of Tourism and Force Rules, 2060 (2003) Civil Aviation, NKP 2067, and 2071 Volume 6, Decision No. • Division of Groups and 8392 Class of various service groups

Session-5 Terms and Conditions of Civil Service

Objective of the session: during alteration/amendment of such laws, • To provide basic information • To impart knowledge on the about the terms and amendment of terms and conditions of Civil Service conditions of service related and Public service, laws and its effect; and the • To train them on the major principle to be applied terms and conditions of during the interpretation of Civil and Public service such provisions, such as selection and • To impart knowledge with recruitment, transfer, regard to Supreme Court's promotion, facilities and important judgments on the retirement related provisions, terms and conditions of civil legal provisions thereof & service, principles to be applied

• Rajiv Raheja, Supreme Court on Service Law, Subjects included in this Unit: Capital Law House, 1st ed. • Terms and Conditions of 2011 Civil Service and Public • Nijamati Keshab Raj Pandey, service (Selection, k|zf;lso sfg"g, Fourth Edition, Recruitment, Transfer, 2074 Promotion, Facilities and • Dr. Shambhu Prasad Khanal, Retirement and so on) k|zf;lso sfg"g • Alteration in Service related • Rules related to Division of laws and its Effect Groups and Class of various • Supreme Court's service groups interpretation on laws • Sarada Devi Poudel vs. related to terms and Nepal Government, Ministry conditions of Civil Service of General Administration, NKP 2073, Volume 9, Reference Materials: Decision No. 9682 • Civil service Act, 2049 • Jibraj Gautam vs. HMG, (1993); Civil Service Rules, Council of Ministers, 2050 (1993) Singhadurbar et. al., NKP • Nepal Health Service Act, 2061, Volume 7, Decision 2053(1997); Nepal Health No. 7403 Service Rules, 2055 (1999) • Kabiraj poudel et. al. vs. • Police Act 2012 (1955); Prime Minister and Police Rules, 2049 and 2071 Ministers of council, NKP • Armed Police Force Act, 2065, Volume 7, Decision 2058(2001); Armed Police No. 7984 Force Rules, 2060 (2003) and 2071

Session 6 Educational Qualification

Objective of the session: • Reasons and Standards for determining Educational • To provide basic knowledge Qualification, about principles on • National and International determination of the Practices on Equivalency educational qualification Determination Process, required for civil and public service post; process on • Supreme Court's Perspective determination of educational on determining educational qualification, qualification and Equivalency • To provide theoretical and practical knowledge Reference Materials: regarding the grounds and • Civil service Act, 2049 standards for determining (1993), minimum educational qualification and additional • Civil Service Rules, 2050 educational qualification to (1993), any post; • Nepal Health Service Act, • To train them about 2053(1997), educational qualification and • Nepal Health Service Rules, equivalents, process for 2055 (1999) determination of equivalents • Relevant rules and and Supreme Court's regulations on Class division perspective on such, of various service groups • To conceptually clarify them • Edward Cary, Civil Service, about the determination of Merit System and Merit the educational qualification System, for effective representation • Dr. Madhunidhi ;fj{hlgs k|zf;gsf ljljw of such disputes. Tiwari, kIfx? Subject included in this Unit: , 2060 • Rajiv Raheja, Supreme • Meaning of Educational Court on Service Law, Qualification and Additional Capital Law House, 1st ed. Educational Qualification 2011 required for public service, • Shambhu Prasad Dahal vs. HMG, Council Secretariat et.

al, NKP 2056, Volume 2, Committee, NKP 2066, Decision No. 6663 Volume 2, Decision No. • Renu Adhikari vs. Prime 8074 minister and Council of • Jibraj Gautam vs. HMG, Ministers, Singhadarbar Ministry Council Secretariat et.al, NKP 2063, Volume 6, et. al, NKP 2061, Volume 7, Decision No. 7710 Decision No. 7403 • Mira Rana vs. Radio Prevalence Development

Session 7 Equality and Positive Discrimination

Objective of the session: positive discrimination and reservations, • To provide basic information related to meaning of Subject included in this Unit: equality, formal equality and • Meaning of Equality & substantial equality, Concept, definition, • To conceptually clarify the meaning and scope of concept of equality, equal Positive Discrimination treatment, equal opportunity, • Equality of opportunity and equality in career its' exception, development and their • National and international exception in public service, values related to equality, • To provide theoretical positive discrimination and knowledge on formal reservation, equality and substantial • Supreme Court's judgments equality or equality in result on positive discrimination and relevancy of positive and reservation. discrimination in these Reference Materials: matter along with the • Civil service Act, 2049 introduction about (1993) constitutional and service • Civil Service Rules, 2050 related laws thereof, (1993) • To provide information • Nepal Health Service Act, about developed values, 2053(1997) international practices and court's perceptions on

• Nepal Health Service Rules, • Dr. Mingmar Geljen Sherpa 2055 (1999) vs. Nepal Government et. al., • MP Jain (2017, Indian NKP 2071, Volume 11, Constitutional Law, 8th ed. Decision No. 9277 Lexis Nexis, India • Umashankhar Sharma vs. • V.N. Sukla (2017), Prime Minister and Minister Constitution of India, 13th ed. of Council Office et. al, NKP Eastern Book Company, 2067, Volume 5, Decision • D. L. Keir and F. H. Lawson, No. 8366 Cases in Constitutional Law, • Bajrakishor Yadav vs. • Dr. J. N. Pandey, The Public Service Commission, Constitutional Law of India, Anamanagar Kathmandu, 48th ed. 2011, Central Law NKP 2066, Volume 11, Agency, Decision No.8264 • D. S. Nakara vs. Union of • Radhika Giri vs. Public India, AIR, 1983, SC 130, Service Commission, • Suneel Jatley vs. State of Anamnagar Kathmandu et. Hariyana, AIR 1983, SC al, NKP 2067, Volume 12, 473 Decision No. 8527 • Balaji and others vs. State of Mysore, AIR, 1963, SC 649

Session 8 Promotion and Career Development in Civil Service and Public Service

Objective of the session: • To develop concept on national and other state's • To provide basic information legal provisions and to Government Attorney practices regarding about the concept of promotion & basis and promotion and career process for career development in Civil service development, and Public Service, • To familiarize with national • To train them about the legal provisions on types and methods of promotion and career promotion and career development, development, • To provide information about the importance of

work performance, Reference Materials: experience and educational • Civil service Act, 2049 qualification and its' (1993), Chapter 4 interrelationship with • Civil Service Rules, 2050 promotion & judicial (1993), Chapter 10 practices on the subject, • Madhunidhi Tiwari, ;fj{hlgs • To inform them about the k|zf;gsf s]xL kIfx?, 2060, similarities and differences Publisher Kanti Tiwari, between promotion, special Kathmandu promotion and layer upgrade and enable them to defend • Jack Rabin, Thomas vocino, cases in relation to such. W. Bartley Hildreth and Gerald Miller (1994), Subject included in this Unit: Handbook of Public • Concept of Promotion, Personnel Administration, Other national practices, Marcel Dikker Inc. New legal provision on York promotion in Public Service • Patricia Wallace Ingraham, of Nepal, (1995), The Foundation of • Legal provisions on Merit Public Service in promotion, special American Democracy, John promotion and layer upgrade, Hompkin University Press, Baltimore • Theoretical Issues and legal interpretations on promotion, • Rupert McNeil, A new special promotion and layer approach to recruitment and upgrade, promotion in the Civil Service, • Educational qualification, https://quarterly.blog.gov.uk/ evaluation of work 2018/07/03/a-new-approach- performance and to-recruitment-and- experiences, promotion-in-the-civil- • Developed values, practices service/ and Supreme Court • Kabiraj Poudel et. al vs. Judgments on Promotion Office of Prime Minister and Procedures Council of Ministers, NKP

2065, Volume 7, Decision No. 7984

• Rambabu Bhandari et. al vs. Volume 4, Decision no. Office of Prime Minister and 8815 Council of Ministers, NKP • Ratneswor Prasad Sharma 2069, Volume 3, Decision et. al vs. Nepal Government, No. 8782 Office of Prime Minister and • Dr. Thakur Raj Adhikari vs. Council of Ministers, NKP Nepal Government, Office of 2074, Volume 3, Decision Prime Minister and Council no. 9783 of Ministers, NKP 2069,

Session 9 Promotion Process Objective of the session: • To inform them about the role of Public Service • To train them on practices Commission on promotion from other states and their procedure. legal provisions related to promotion procedures, Subject included in this Unit: • To inform about the existing • Types of promotion and legal provisions on Principles on promotion, promotion procedures of • Procedural legal provisions those involved in Civil on promotion, Service and Public Service, • Method, Process and • To inform about promotion Practices for the committee and the establishment of promotion procedure for the committee, establishment of promotion • Interpretation and Legal committees formed under Principles from Supreme different Service groups; Court on complaint against • To inform them about promotion and publication promotion procedure, of promotion list. publication of promotion name list, complaint Reference Materials: mechanism against • Civil service Act, 2049 promotion and action taken (1993), Chapter 4 against employees under • Civil Service Rules, 2050 different service groups, (1993), Chapter 10

• Nepal Health Service Act, • Lokraj Poudel et. al. vs. 2053(1997), Chapter 4 Bebasthapakiya Samsad • Nepal Health Service Rules, Sachibalaya et. al, NKP 2055 (1999), Chapter 8 2068, Volume 11, Decision • PERSONNEL No. 8709 ADMINISTRATION, Jack • Mira Rana vs. Radio Nepal Rabin et.al (editors), Marcel et. al, NKP 2066, Volume 2, Dekker, New York Decision No. 8074 • Dr. S. B. M. Marume, Public • Shivkumar Basnet vs. Public Personnel Administration, Service Commission et. al, International Journal of NKP 2064, Volume 10, Business and Management Decision No. 7894 Invention, Volume 5 Issue 6|| • Shrimati Renu Adhikari vs. June. 2016, Office of the Prime Minister https://www.ijbmi.org/paper and Council of Ministers, s/Vol(5)6/H0506046054.pdf Singhdurbar et. al, Subject: • Rupert McNeil, A new Certiorari et. al, NKP 2063, approach to recruitment and Volume 6, Decision No. promotion in the Civil 7710 Service, • Dr. Dipendra Shrestha et. al https://quarterly.blog.gov.uk/ vs. Ministry of Health and 2018/07/03/a-new-approach- Population, Ramshahpath, to-recruitment-and- Kathmandu et. al, NKP promotion-in-the-civil- 2075, Volume 3, Decision service/ No. 9968 • बढुवा स륍बꅍधी उजरु ी सार • Krishna Prasad Wagle vs. Registrar, Appellate Court, संग्रह, 2058 to 2064/65 and Butwal et. al, NKP 2075, 2065/66 to 2069/70 Volume 1, Decision No. • Sampat Ghimire vs. Public 9934 Service Commission et. al, • Sharmila Maharjan et. al vs. NKP 2067, Volume 12, Public Service Commission Decision No. 8518 Office, Anamnagar, • Balram Khatri et. al vs. Kathmandu et.al, NKP 2074, Prime Minister and Council Volume 10, Decision No. of Ministers et. al, NKP 9886 2067, Volume 11, Decision No. 8498

Session -10 Moral Conduct of Civil Servants and Employees of Public Service

Objective of the session: • Code of Conduct of Civil Servants, 2065 • To impart information about • Sample Code of Ethics of the Moral Conduct of Civil Civil Servants, servants and employees of http://www.aalep.eu/sample- different services code-ethics-civil-servants • To impart knowledge about • Civil Service Code: the interrelationship between Standard and Behaviour, Ethics and Moral Conduct https://www.sipo.ie/en/Code • To inform about the breach s-of-Conduct/Civil- of conduct & the process, Servants/Civil-Service- method and action for its Code-of-Standards.pdf remedy and consequences • IMPLEMENTING thereof EFFECTIVE ETHICS • To inform them about STANDARDS IN Supreme Court's perspective GOVERNMENT AND THE on sanction made against CIVIL SERVICE', code of conduct of Civil Transparency International, Servants https://www.oecd.org/mena/ Subject included in this Unit: governance/35521740.pdf • PUBLIC SERVICE • Theory and practical aspects (VALUES AND on Ethics and moral conduct PRINCIPLES) ACT, 2015 of Civil Servants, (Kenya), • Conceptual development kenyalaw.org/.../Acts%20an and practices, d%20Regulations/ • Breach of Conduct and • Krishna Poudel vs. Ministry Remedies, of Finance et. al, NKP 2064, • Method, Process and Volume 10, Decision No. Consequences on action 7886 taken upon complaint. • Lekhnath Poudel vs. Reference Materials: Administrative Court et. al, NKP 2061, Volume 8, • Civil service Act, 2049 Decision No. 6429 (1993), Chapter 7

• Yogendra Prasad Yadav vs. Volume 8, Decision No. Public Service Commission, 4195 NKP 2059, Volume 5,6, • Purusottam Shrestha vs. Decision No. 6310 Panchayat and Ministry of • Ramchandra Shrestha vs. Local Development, NKP kshetriya Sajha Bikash 2042, Volume 12, Decision Karyalaya, NKP 2046, No. 2578

Session 11 Departmental action

Objective of the session: • Legal provisions and procedures regarding • To provide basic information departmental action in about the concept, scope and Public Services of Nepal, principles of departmental • Types of departmental action, action, rules and principles to be • To train about the types and followed while observing procedures (Absence, departmental action, Repeal, Retirement and • Court's practice and Dismissal, etc.) of perspectives regarding departmental action departmental action. • To familiarize them on departmental action and Reference Materials: Court's Proceedings and clarify on the differences • Civil Servants Act, 2049 between the two. (1993), Chapter 9 • To conceptually clarify them • Civil Servants Rules, 2050 on Supreme Court's (1993), Chapter 15 • Keshav Raj Pandey, k|zf;sLo perspective on departmental sfg"g action and Court's , Fourth Edition, 2074 Proceedings • Dr. Sambhu Prasad Khanal, k|zf;sLo sfg"g Subject included in this Unit: • Dr. J. N. Pandey, The Constitutional Law of India, • Concept, principles, legal 48th ed. 2011, Central Law provisions and practices on Agency, departmental action. • Lloyd G. Nigro and J. Adward Kellough (1986),

The New Public personnel • Ram Prasad Sitaula vs. Administration, (Chapter Timber Corporation of Eight, Public Employees: Nepal, NKP 2064, Volume 2, Rights and Responsibilities ) Decision No. 7816 7th edition (2014), • Gulab Singh Thakur vs. Wadsworth Cengage Madhyamanchal Kshetriya Learning, Prahari Karyalaya • A GUIDEBOOK FOR Nepalgunj et.al, NKP 2045, DEPARTMENTAL Volume 6, Decision No. INQUIRIES UNDER THE 3476 PUNJAB CIVIL • Shankar Kumar Bhandari vs. SERVANTS (EFFICIENCY Nepal Bank Ltd. et al, NKP AND DISCIPLINE) RULES, 2064, Volume 12, Decision 1999 ://regulationswing.punj No. 7906 ab.gov.pk/system/files/Guid • Prakash Yadav vs. eBook_ED_1999%281%29. Administrative Court, pdf Kathmandu et al., NKP • Lekhnath Paudel vs. 2063, Volume 6, Decision Administrative Court, No. 7715 Singhadurbar et al., NKP 2061, Decision No. 7429

Session 12 Procedures of Departmental Action and Fair Trial

Objective of the session: Jurisdiction, Right to appeal, etc.) • To conceptually clarify • To clarify about the about the process of procedures, authority, Right departmental action and to hearing and process on principle of fair trial departmental action in • To inform about the Public Service of Nepal principles to be followed • To introduce them with the while taking departmental consequences of procedural actions (Principles errors while taking of Natural Justice, Right to departmental action hearing, Procedural fairness, • To inform them about the Reasonable Decision, Supreme Court's perspective

regarding the departmental http://www.legalservicesindi action a.com/article/1860/Audi- Alterem-Partem-Right-to- Subject included in this Unit: fair-hearing.html • Procedures of departmental • Ms. Mausami Sharmah, action and the principles of Exception to the Principles fair trial of Natural Justice, LAW • Right to hearing, Methods MANTRA, and Process for Notice http://journal.lawmantra.co.i • Contents required in Notice n/wp- • Mandatory Procedures content/uploads/2015/05/22- new.pdf • Consequences of procedural errors, • Mukesh Basnet vs. Armed Police Force Headquarter, • Court's perspective on right NKP 2070, Volume 7, to hearing Decision No. 9037 Reference Materials: • Madhav Prasad Chaulagain vs. Ministry of Health and • Civil Servants Act, 2049 Population, NKP 2069, (1993), Chapter 9 Volume 2, Decision No. • Civil Servants Rule, 2050 8769 (1993), Chapter 15 • Shankar Kumar Bhandari vs. • Keshavraj Pandey, k|zf;lso Nepal Bank Ltd. et al, NKP sfg"g, Fourth Edition, 2074 2064, Volume 12, Decision • Dr. Sambhu prasad Khanal, No. 7906 k|zf;lso sfg"g • Prakash Yadav v. • Dr. J. N. Pandey, The Prashashakiya Adalat, Constitutional Law of India, Kathmandu et.al., NKP 48th ed. 2011, Central Law 2063, Volume 6, Decision Agency, No. 7715 • Aurthur L. Finkle () The • Krishna Prasad Paudel vs. practice of Employee Nepal Police Headquarters, Discipline, PUPBLI Naxal, Kathmandu et al., PERSONNEL NKP 2066, Volume 4, ADMINISTRATION, Decision No. 8120 • Lydia Kerketta, Audi • Indira Jha vs. District Alteram Partem: Right to Administrative Office, Fair Hearing, Dhanusha, NKP 2065,

Volume 2, Decision No. Supreme Court Bulletin, 7930 Year 18, Volume 3, Jestha, • Devendra Kumar Subba vs. 2066, Issue 405, Page. 18 Ministry of Commerce and • Ram Prasad Sitaula et. al, Supplies, NKP 2074, vs. Timber Corporation of Volume 10, Decision No. Nepal, N.K.P. 2064, Volume 9893 2, Decision No. 7816 • Man Bahadur B.K. vs. Administrative Court et al.,

Session 13 Study leave, Nomination for a Study and Training Objective of the session: Subject included in this Unit:

• To impart knowledge among • Concept of Study leave, government attorneys' Types and nature of study regarding study leave and and trainings, about types and nature & • Types of Study leave; necessity of study and Grounds & standards for training in civil service and nominating employees in other public services, study and trainings, • To train them about the • Nepalese Legal provisions procedures, principle of for nominating employees in selection and standards for study and trainings nominating employees • Supreme Court's perspective working under Public for nominating employees in service for a study and study and trainings training, • To inform them about Reference Materials: grounds, process and • Civil Servants Act, 2049 procedure of selection for (1993), Chapter 6 study leave, study and • Civil Servants Rules, 2050 training in service related (1993), Chapter 8 & 9 laws of Nepal; and to make • Nepal Health Service Act, them competent to defend 2053(1997), Chapter 5 on such. • Nepal Health Service Rules,

2055 (1999), Chapter 7

• Scholarship Rules, 2060 • Chhabilaal Paudel vs. (2003) Commission for • Madhunidhi Tiwari, ;fj{hlgs Investigation of Abuse of k|zf;gsf s]xL kIfx?, 2060, Authority, NKP 2069, Publisher: Kanti Tiwari, Volume 3, Decision No. Kathmandu 8795 • Haridatta Pandeya, sd{rf/Lsf] • Madhav Prasad Chaulagain sfo{Ifdtf clej[l4sf nflu tflnd / vs. Ministry of Health and g]kfnsf] lghfdtL ;]jfdf o;sf] Population, NKP 2069, Joj:yf, 2064, Baisakh, Year Volume 2, Decision No. 10, Volume 1, Issue 19, 8769 k|zf;g, Joj:yfkg / ljsf; s]Gb|, • Jagadish Prasad Chauhan Kathmandu vs. Nepal Bank Limited, • David Garson and Dennis M. N.K.P. 2069, Volume 1, Daley, Personnel Training Decision No. 8752 and Development, PUBLIC • Jayaram Adhikari vs. Office PERSONNEL of Council of Ministers, ADMINISTRATION NKP 2073, Volume 12, • Lloyd G. Nigro and J. Decision No. 9734 Adward Kellough (1986), • Dr. Santosh Paudel vs. The New Public personnel Nepal Government, Ministry th Administration, 7 edition of Health et.al., NKP 2074, (2014), Wadsworth Cengage Volume 4, Decision No. Learning, 9793 • Leave Rules, https://www.nitt.edu/www/u ploads/684_leaverulesv2.pdf

Session 14 Transfer of Employees Objective of the session: • To provide basic knowledge about the necessity, grounds • To inform government and standards of transfer for attorneys' about the concept an employee, of transfer of an employee • To inform them about the of civil service and other officers involved in public service, employees transfer, tenure of transfer, grounds of transfer

before fulfilling the tenure Publisher Kanti Tiwari, and schedule; and facilities Kathmandu, to be received by employees, • Laxmi Datta Kalauni, • To train them on legal ‘sd{rf/L ;?jf: ;f+u7lgs tyf provisions regarding JolQmut :jfy{sf demwf/df k|zf;g’, complaints and review Volume 10, Ministry of against Transfer, General Administration, • To update them about Singhadurbar Kathmandu Supreme Court's perspective • Professor Pushkar on transfer of employee and Bajracharya and Dr. Clive to make them competent to Grace, The Nepal Civil defend on such Service and Re-structuring of State, An Option Paper, Subject included in this Unit: Ministry of General • Concept and Principle of Administration/UNDP, Transfer http://www.np.undp.org/cont • Objective of the session of ent/dam/nepal/docs/projects/ Transfer (experience in UNDP_NP_PREPARE_the- geographical area, nepal-civil-service-and-re- development of work structuring-of-the-state.pdf efficiency and experience) • Maniram Dhakal vs. • Criteria, schedule, process Ministry of General of Transfer and the authority Administration, Writ No. • Complaint upon Transfer 2073-WO-931, Decision and Response Date: 2074/3/6 • Supreme Court's perspective • Menaka Hamal vs. Ministry of General Administration et. Reference Materials: al., Writ No. 066-WO-270, • Civil Servants Act, 2049 Decision Date: 2068/1/6 (1993), Chapter 4 • Prativa Kumari Singh vs. • Civil Servants Rules, 2050 Ministry of Health and (1993), Chapter 6 Population, NKP 2072, • Nepal Health Service Act, Volume 12, Decision No. 2053(1997), Chapter 4 9511 • Nepal Health Service Rules, • Raj Narayan Thakur vs. 2055 (1999), Chapter 5 Ministry of Health and ;fj{hlgs • Madhuniti Tiwari, Population, Writ No. 073- k|zf;gsf s]xL kIfx?, 2060,

WO-0567, Decision Date: Department, NKP 2053, 2074/4/1 Volume 8, Decision No. • Maheshwor Kumar Kunwar 6247 et.al. vs. Health Service

Session 15 Code of Conduct of Police/Armed Police Force Employees and Punishment Objective of the session: employee and of other services • To introduce government • Legal provisions on Code of attorneys' about code of conduct conduct of police employee • Supreme court's perspective • To provide basic information on Code of conduct about the similarities and differences between the code Reference materials: of conduct of the police employee and of other • Police Act, 2012 (1955), services Part 4 • To train them about the • Armed Police Force Act, punishment on breach of 2058 (2001), Part 3,4,5 conduct committed by • Police Rules, 2071, Part 9 police employee • Armed Police Force Rules, • To clarify them with 2072, Part 11 different kinds of • Hemraj Jaisi vs. Mid punishments and its Western Regional Police relevancy for the breach of Office, Surkhet and others, Conduct committed by NKP 2070, Volume 4, Police employee Decision No. 8998 • Ali Akhtar Miya vs. Police Subject included in this Unit: Headquarter et.al., 2070, • Concept of Code of Conduct Writ No. WO-0505, and Nature of Code of Decision Date 2072/5/23 conduct within Police • Ganesh Bahadur Dura et.al. service, vs. Nepal Government, • Difference between the Office of Prime Ministers Code of conduct of police and Council of Ministers

et.al., NKP 2073, Volume 4, Volume 7, Decision No. Decision No. 9579 7732 • Manoj Kumar Dev vs. • Narayan Prasad Sapkota vs. Ministry of Home Affairs, Ministry of Home Affairs Singhadurbar, Kathmandu et.al, Supreme Court and others, NKP 2063, Bulletin, Year 15, Jestha 2063, Issue 335, Page 8

Session 16 Departmental action against Police Employees

Objective of the session: • Supreme court's perspective and practices on At the end of the session, departmental action against Government Attorneys' will be employees informed about the interrelation between the departmental action Reference materials: and Court proceedings of Police employees as well as inform • Police Act, 2012 (1955) them about the procedure for • Police Rules, 2071 • k|x/L ;]jfsf] kbdf lgo'lQm / a9'jf departmental action, authority, ubf{ ckgfpg'kg]{ ;fdfGo l;4fGt,

Right to Hearing and @)^( clarification, Documents [General Principles to (krf{ v8f), Principle of natural be adopted during justice and it's exception. appointment and promotion of police employees, 2069] Subject included in this Unit: • Rekham Bahadur Shahi vs. Nepal Police Headquarter, • Process of departmental Naxal, Kathmandu et.al., action upon police NKP 2075, Volume 2, employees, Decision No. 9962 • Right to hearing and • Pramananda Chaudhary vs. clarification, District Administrative • Principle and Office, Morang, NKP 2075, Implementation of Natural Volume 1, Decision No. Justice, 9938 • Process to form the • Rajendra Bista vs. Ministry Documents (krf{ v8f) and of Home Affairs et.al., NKP Involved authority,

2074, Volume 2, Decision • Naresh Dagaura vs. Armed No. 9769 Police Force Head Quarter, • Ganesh Bahadur Dura and Halchowk et.al., NKP 2072, others vs. Nepal Volume 9, Decision No. Government, Office of 9464 Ministers and Council of • Chiranjibi Kharel vs. Nepal Ministers et.al., NKP 2073, Police Headquarter, Naxal, Volume 4, Decision No. NKP 2072, Volume 2, 9579 Decision No. 9347 • Shankar Pandit vs. Nepal • Mansingh Bohara vs. Police Headquarter and Commissioner for Office of others, NKP 2072, Volume 9, the Metropolitan Police Decision No. 9466 et.al., NKP 2071, Volume 6, Decision No. 9178

Session 17 Code of Conduct of Nepal Army and Departmental Action

Objective of the session Code of Conduct committed by military personnel • To introduce Government • To clarify about the different Attorneys' with Code of kinds of punishments and its conduct of military relevancy for the breach of personnel Conduct committed by • To provide basic information Military personnel about the similarities and • To introduce them with differences between the code departmental action made of conduct of the military against military personnel personnel and employees of for breach of Code of other services Conduct and introduce them • To train about punishment with court's perspective on breach of conduct to towards it and to make them military personnel competent to defend on such. • To familiarize them with different kinds of Subject included in this Unit: punishments and its • Code of conduct of Nepal relevancy for the breach of Army

• Conditions for breach of • George H. Prugh, Code of Code of Conduct, Process of Conduct for the Armed departmental action and Force, Columbia Law Principles of Hearing Review, 1956 • Jurisdiction of Special Court • Standards of Conduct for Martial and Subjects of Department of the Army appeal Personnel, https://www.loc.gov/rr/frd/ Reference Materials: Military_Law/pdf/AR_600- • Army Act, 2063 (2006) B.S, 50_01-28-1988.pdf part 7,8,9,10 • The New French Code of • Court Martial Rules, 2064 Military Justice Major (2008) George C. Ryker • Sainik Sewa Niyamawali, • Lieutenant Ramji Thapa vs. 2069 (Army Service Rules, Nepali Jangi Adda 2069) Bhadrakali, NKP 2070, • Sainik Prabidhik Sewa Volume 5, Decision No. Niyamawali, 2019 (Military 9010 Technical Service Rules, • Sushma Gautam et.al. vs. 2019) Directorate of Recruitment • Nepali Sainik Biman and Selection, Jungi Adda, Sambhar Samuha Bhadrakali et.al., NKP 2073, Niyamawali, 2042 (Nepalese Volume 8, Decision No. Military Aircraft 9663 Maintenance Group Rules, • Bhim Kumar Wantawa and 2042) others vs. Government of • Sainik (Hawai Pariwohan) Nepal Defense Ministry and Niyamawali, 2030 (Military others, NKP 2065, Volume Air Transport Rules, 2030 10, Decision No. 8020 B.S) • Radha Krishna Khadka vs. • Sainik Upacharika Government of Nepal Niyamawali, 2049 (Military Defense Ministry and others, Medical Rules, 2049) NKP 2065, Volume 10 • Sainik Kalyankari Kosh Decision No. 8027 Niyamawali, 2065 (Military • Krishna saran Maskey vs. welfare fund regulation, Government of Nepal, 2065) Defense Ministry and others, NKP 2073, Volume 7, Decision No. 9328

Session 18 Court's perspective regarding departmental action carried out against Employees

Objective of the session: • Concept and Importance of departmental action, • To train government • Types of departmental action, attorneys' about the concept, • Authority involved in necessity and relevance of departmental action, departmental action carried • Steps and process of out against employees, departmental action, • To inform them about the • Process and Principles to be nature and types of followed during departmental action carried departmental action, out against employees of different services, • Appeal upon departmental action, • To conceptually clarify them about the process and • Court's perspective and principles to be followed practices upon departmental (Principle of natural justice action. along with principle of Fair Reference material: trial, Right to hearing, reasonable decision, right to • Mark Elliot and Jeson appeal, etc.) during Varuhas (2017). departmental action, Administrative Law: Text rd • To inform them on the and Materials, 3 ed. differences between Oxford University Press departmental action and • Barnes, J; Douglas, R, 2015, court proceedings, Lexis Nexis Questions and • To familiarize them with Answers- Administrative Supreme Court's perspective Law on court proceedings and • Timothy Endicott (2015), rd departmental action and to Administrative Law, 3 ed. make them competent to Oxford University Press defend on such, • Hamid Khan (2013), Principles of Administrative Subject included in this Unit: Law: A Comparative Study, • Amartya bag, Guidelines and procedure of inquiry in

case of misconduct by Nepal, NKP 2064, Volume 2, government employees in Decision No. 7816 India, • Gulab Singh Thakur vs. https://blog.ipleaders.in/p Madhyamanchal Kshetriya rocedure-inquiry- Prahari Karyalaya misconduct-by- Nepalgunj et.al, NKP 2045, government-employees/ Volume 6, Decision No. • Ram Prasad Sitaula vs. 3476 Timber Corporation of

Session 19 Removal and Termination from Service

Objective of the session: • Mark Elliot and Jeson Varuhas (2017). At the end of the session, the Administrative Law: Text Government attorneys' will be and Materials, 3rd ed. acquainted with the nature of the Oxford University Press crime with moral turpitude, • Barnes, J; Douglas, R, 2015, condition for dismissal from the LexisNexis Questions and service, applied procedures, Answers- Administrative process, court's perspective & Law practices for the dismissal; and • Timothy Endicott (2015), shall apply in the course of Administrative Law, 3rd ed. performance of their designated Oxford University Press work. • Hamid Khan (2013), Subject included in this Unit: Principles of Administrative Law: A Comparative Study, • Types and Nature of Crime • Dr. Shambhu Prasad Khanal, with moral turpitude k|zf;sLo sfg"g • Conditions of dismissal • Keshav Raj Pande, k|zf;sLo from service sfg"g, Fourth Edition, 2074, • Process of dismissal Part 9 • International practices • Rajendra Kumar KC vs. related to moral turpitude Ministry of Forest and Soil • Concept of moral turpitude conservation, NKP 2072, and its' effect in service Volume 11, Decision No. Reference Material: 9498

• Yogendra Giri vs. Ministry • Ramkumar Ranapaheli vs. of Health and Population, Nepal Government, Ministry NKP 2072, Volume 8, of Home Affairs, NKP 2070, Decision No. 9458 Volume 11, Decision No. • Tara Bahadur Rana Magar 9072 vs. Ministry of Health and • Mukesh Basnet vs. Armed Population, NKP 2072, Police Force Head Office, Volume 7, Decision No. NKP 2070, Volume 7, 9436 Decision No. 9037 • Laxman Lama vs. Armed • Hemraj Jaisi vs. Mid Police Force Head Office, Western Regional Police NKP 2071, Volume 8, Office, Surkhet and Others, Decision No. 9234 NKP 2070, Volume 4, Decision No. 8998

Session 20 Disputes related to Upgrade, Title of Post and Posting of Employees of Health Services Objective of the session: • Formation of health service, group and sub group • To impart knowledge to the division Government Attorneys' • Concept and legal provision about group, sub group, related to the Promotion, level and post of the Upgrade and Title of Post employees of health services, • Differences between • To conceptually clarify them promotion and layer upgrade, about the Career Supreme Court's Perspective development (Promotion and Upgrade, etc.) of the Reference Materials: employee of health services, • Nepal Health Service Act, • To train them about 2053(1997), Chapter 3 and 4 similarities and differences • Nepal Health Service Rules, between the Promotion and 2055 (1999), Chapter 2 and Upgrade and Supreme 8 Court's perspective, • Rambabu Bhandari et.al. vs. Prime Minister and Office of Subject included in this Unit: Council of Ministers, NKP

2069, Volume 3, Decision • Bijaya Kranti Shakya et.al. No. 8782 vs. Office of Prime Minister • Dr. Thakur Raj Adhikari vs. and Council of Ministers Rambabu Sharan Jaiswal, et.al., NKP 2068, Volume 4, NKP 2069, Volume 4, Decision No. 8591 Decision No. 8815

Session 21: Basic Information related to Writ

Objective of the session: • Meaning, concept and Historical development of • To clarify about the writ theoretical concept • Types and conditions for (Meaning, Conceptual issuance and non-issuance Development, Constitutional of writ and Legal provision related • Major principles related to to Writ), types of writ to the writ Government Attorney, • Constitutional and legal • To provide basic information provision related to Writ about major principles of • Matter to be incorporated in writ, conditions of Issuance written response and Non-issuance of writ, • Role of government • To train them about the attorneys' in Writ filed matter to be incorporated in against Nepal Government written response, • To conceptually clarify the role of government attorney Reference Materials: in the precedents filed • Constitution of Nepal against Government of • Supreme Court Act, 2048 Nepal, things to be keep in (1991) mind while defending and • Supreme Court Rules and to make them competent • High Court Rules to defend on such. • District Court Rules l/6 Subject included in this Unit: • Rebati Raman Khanal, lgj]bg l;4fGt / Jojxf/ • Top bahadur Singh, g]kfnsf] ;+ljwfg / ;+j}wflgs sfg"g

• MP Jain (2017), Indian • D. L. Keir and F. H. Lawson, Constitutional Law, 8th ed. Cases in Constitutional Law Lexis Nexis, India • Dr. J. N. Pandey, The • V.N. Sukla (2017), Constitutional Law of India, Constitution of India, 13th ed. 48th ed. 2011, Central Law Eastern Book Company Agency

Session 22 Defending disputes related to the Employees of concerned Service

Objective of the session: • Principle of interpretation of • To inform Government law on Terms and Attorneys' about the Conditions of service principles laid down by • Supreme court's perspective Supreme Court with regard on disputes related to Terms to Interpretation of Laws on and Conditions of service Terms and Conditions of • Important Interpretation of service, Supreme Court on dispute • To update them about the relating to the terms and of Supreme Court's perspective service on disputes related to Terms • Subjects to be considered and Conditions of service, while defending the dispute • To inform them about the related to the terms and Supreme Court's important conditions of service and interpretations on disputes strategy to be adopted while related to Terms and defending the dispute Conditions of service, • To make them clear about the principle to be Reference Materials: considered, practice and the • sd{rf/L ;DaGwL ljjfbdf ;jf]{Rr cbfntsf] b[li6sf]0f ;DaGwdf strategy to be adopted while cg';Gwfgd"ns cWoog k|ltj]bg, defending the dispute related to the terms and conditions Office of the Attorney of service and to make them General competent to defend on such. • Ram Prasad Sitaula vs. Timber Corporation of Subject included in this Unit: Nepal, NKP 2064, Volume 2, Decision No. 7816

• Gulab Singh Thakur vs. • Suresh Prasad Yadav vs. Madhyamanchal Kshetriya Office of the Prime Minister Prahari Karyalaya and Council of Ministers Nepalgunj et.al, NKP 2045, et.al., Supreme Court Volume 6, Decision No. Bulletin 2068, Year 15, 3476 Volume 24 ) • Dhruba Prasad Rijal vs. • Prabesh Ram Bhandari et.al. Civil Personnel Supreme vs. Ministry of Federal Court Bulletin, Year 15, Affairs, NKP 2073, Volume Volume 9, Bhadra 2063, 5, Decision No. 9593 Issue 340

Session 23 Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-1 Objective of the session: • Structure and Objective of To train Government attorneys' the session of Education about the main provisions of Act,2028 Education Act as mentioned • Major subjects of Education below: Act,2028 • Department of Education, • Legal provision relating to District Education Office the establishment and and District Education operation of Institutional Committee, and Community school • Educational qualification, • Provision relating to Training, Teacher Service Teaching License Commission, • Condition for Transfer of Recommendation Process, Teachers, conditions where Teaching License, Salary and allowance shall • School Management not be received and the Committee, Provisions tenure of service shall not be regarding merger of Schools, counted • Teachers' union, Teachers' • Supreme Court's Conduct interpretation on such issues Subject included in this Unit: Reference Material: • Constitution of Nepal • Education Act, 2028 (1971)

• Brish Bahadur Rai vs. • Ghanashyam Bhusal et.al. Ministry of Education and vs. Teacher Service Sports, NKP 2067, Volume Commission et.al., 2073- 10, Decision No. 8481 WO-1193, Decision Date: • Amrita Bhattarai vs. 2074/6/2 Teacher Service Commission • Aastha Ale vs. Teacher et.al., 2073-WO-1189, Service Commission et.al., Decision Date: 2074/6/2 2073-WO-1228, Decision Date: 2074/6/2

Session 24 Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-2 Objective of the session: • Major subjects of Education To train Government attorneys' Act,2028 about the main provisions of • Legal provision relating to Education Act as mentioned the establishment and below: operation of Institutional • Department of Education, and Community school District Education Office • Provision relating to and District Education Teaching License Committee, • Condition for Transfer of • Educational qualification, Teachers, conditions where Training, Teacher Service Salary and allowance shall Commission, not be received and the Recommendation Process, tenure of service shall not be Teaching License, counted • School Management • Supreme Court's Committee, Provisions interpretation on such issues regarding merger of Schools, Reference Material: • Teachers' union, Teachers' • Education Act, 2028 (1971) Conduct • Brish Bahadur Rai vs. Ministry of Education and Subject included in this Unit: Sports, NKP 2067, Volume • Structure and Objective of 10, Decision No. 8481 the session of Education • Amrita Bhattarai vs. Act,2028 Teacher Service Commission

et.al., 2073-WO-1189, WO-1193, Decision Date: Decision Date: 2074/6/2 2074/6/2 • Ghanashyam Bhusal et.al. • Aastha Ale vs. Teacher vs. Teacher Service Service Commission et.al., Commission et.al., 2073- 2073-WO-1228, Decision Date: 2074/6/2

Session 25 Division of Service Group Objective of the session: • Concept of Service group in • To inform Government public service, Objective Attorneys' about the concept and relevancy of division of of service group; objective Service group and relevance for the • Specialization and Cluster of division of service group in civil service, and grounds Public Service, for specialization and • To familiarize them with the division of Service Groups specialization and cluster; • Various Public services and and inform them about the Groups' under it grounds for specialization • Groups of Civil service and and division of Service Public service; group Groups, alteration and grounds for • To inform them about alteration, various Public service and • Supreme court's perspective Groups, regarding Service Group • To clarify them about civil Alteration service and groups, Group Reference Materials: alteration and grounds for • Civil Service Act, 2049 alteration, (1993), Chapter 2 • To update about the view of • Civil Service Rules, 2050 supreme court related to the (1993), Chapter 2, 3 and 4 Change of service group and • Nepal Administrative and to make them competent Services ( Formation, to defend on such. Groups, Class Division and Appointment) Rules, 2050 Subject included in this Unit: • Nepal Economic Planning and Statistics Service

( Formation, Groups, Class • Udayaraj Poudel vs. Nepal Division and Appointment) Government, Office of the Rules, 2051 Prime Ministers and • Nepal Forest Service Council of Ministers, NKP ( Formation, Groups, Class 2072, Volume 1, Decision Division and Appointment) No. 9321 Rules, 2051 • Yubaraj Subedi vs. Office of • Nepal Judicial Services the Prime Minister and Formation, Groups, Class Council of Ministers, NKP Division and Appointment) 2069, Volume 10, Decision Rules, 2051 No. 8898 • Nepal Education Services • Shyam Kumar Ojha vs. (Formation, Groups, Class Supreme Court, Office of Division and Appointment) Promotion Committee, NKP Rules, 2050 (1993) 2069, Volume 6, Decision • Nepal Foreign Service Rules, No. 8838 2068 • Sunita Aryal et.al. vs. Public • Special Group Personnel Service Commission, NKP Administration and 2069, Volume 5, Decision Management Rules, No. 8829 2065(2008) • Raskamal Dangol et.al. vs. • Nepal Engineering Services Office of the Prime Minister (Formation, Groups, Class and Council of Ministers Division and Appointment) et.al., NKP 2068, Volume 10, Rules Decision No. 8699

Session 26 Nature of Writ on Terms and Conditions of Service and Court's Perspective Objective of the session: etc., Leave, alteration in The Objectives of the session are: conditions of service, • To conceptually clarify them departmental action, age and about the subject matter and Retirement and Facilities nature of writ on Terms and etc.), Conditions of service • To clarify them with the (Appointment, Posting, points to be considered Transfer, Promotion, while defending Writ on Educational Qualification Terms and Conditions of

service and to make them • Mazhar Ilyas Nagi (2005), competent to defend on such. Civil Service Laws: A Study Subject included in this Unit: of Terms and Conditions of • Dispute related to Service, Civil Servants and Litigation • Nature of Writ related to in Service Matters, Volume Service, 2 • Nature, Scope, • Oliver Peter Field (1939), Implementation and Civil Service Law, Practices of writ filed by the University of Minnesota employees, Press, • Conditions of writ lodged on • Prabeshram Bhandari et.al. Terms and Conditions of vs. Ministry of Federal Services, Promotion, Action Affairs, NKP 2073, Volume • Jurisdiction of 5, Decision No. 9593 Administrative court, • Rajendra K.C. vs. Ministry limitation and its remedies, of Forest and Land • Court practices and judicial conservation et.al., NKP perspectives on Writ 2072, Volume 11, Decision concerning Terms of Service. No. 9498 Reference Materials: • Dr. Mingmar Goljen Sherpa • Constitution of Nepal vs. Nepal Government, • Civil Service Act, 2049 Office of the Prime Minister (1993) and Council of Ministers, • Civil Service Rules, 2050 NKP 2071, Volume 11, (1993) Decision No. 9277 • Nepal Health Service Act, • Bhupal Bahadur Pandey vs. 2053(1997) Ministry of Physical • Nepal Health Service Rules, Infrastructure and 2055 (1999) Transportation, NKP 2065 • Rules on Division of B.S., Volume 7, Decision No. Different Service Groups 7989

Session 27 On Leave Objective of the session: • To inform them about the The Objective of the session are: concept and types of leave

and its conditions for • Nepal Health Service Rules, conversion, 2055 (1999) Chapter 7 • To train them about the • Dr. Santosh Paudel vs. leave procedures and Nepal Government, Ministry approving authority, of Health and Population, • To clarify them about the NKP 2074, Volume 4, duration of leave approval, Decision No. 9793 and consequences in case of • Rajendra K.C. vs. Ministry non-approval, of Forest and Soil • To update them with the Conservation, Singhadurbar Supreme Court’s Judgment et.al., NKP 2072, Volume and to make them competent 11, Decision No. 9498 to defend on such. • Mukesh Basnet vs. Nepal Armed Police Force Subject included in this Unit: Headquarter, NKP 2070, • Concept of Leave and Volume 7, Decision No. related Legal Provisions 9037 • Types of Leave, Approving • Kumar Prasad Pokhrel vs. Authority and Process of Nepal Airlines Corporation Leave Approval et.al., NKP 2069, Volume 8, • Conditions for Leave Decision No. 8875 Conversion and non- • Chhabilal Paudel vs. conversion Commission for the • Consequences in case of Investigation of Abuse of non-approval of leave Authority (CIAA), NKP • Important Interpretations 2069, Volume 3, Decision from Supreme Court on the No. 8795 issue of Leave. • Bhim Prasad Lamichhane vs. Reference Materials: District Education Office, • Civil Service Act, 2049 Humla, NKP 2067, Volume (1993), Chapter 10 11, Decision No. 8496 • Civil Service Rules, 2050 • Shiva Prasad Chaudhary vs. (1993), Chapter 9 Survey Department, • Nepal Health Service Act, Minbhawan, NKP 2067, 2053 (1997) Chapter 11 Volume 7, Decision No. 8419

Session 28

Retirement, Gratuity, Pension & other facilities and Calculation of Tenure and Service Period Objective of the session: • Legal Provisions and The Objective of the session are: Practices concerning Age • To introduce Government calculation Attorneys' with the process • Facilities received by and condition regarding employees retirement of Public officials • Calculation of service period & employees, • Employee's Personal Details • Employee personal details and Role of the Department and the role of Department of Civil Personnel Records of Civil Personnel Records, • Supreme Court’s perspective • To inform them about the on Retirement, Calculation retirement benefits and for of tenure and service period that purpose acquaint them and age calculation with legal provisions to Reference Materials: calculate tenure and service • Civil Service Act, 2049 period, (1993), Chapter 6 • To train them about the • Civil Service Rules, 2050 facilities received by (1993), Chapter 12 and 13 successor and those who are • Nepal Health Service Act, entitled, in case of the death 2053 (1997) Chapter 7 of civil servant while in • Nepal Health Service Rules, service, 2055 (1999) Chapter 11 • To update them about • Acts and Rules on facilities Supreme Court's perspective of different service groups on the calculation of the and authorities period of employment and • Sharda Devi Paudel vs. age of employee and to Nepal Government, Ministry make them competent to of General Administration defend on such. et.al., NKP 2073, Volume 9, Decision No. 9682

• Ram Bahadur Singh vs. Subject included in this Unit: Nepal Government, Ministry • Conditions and Process for of General Administration retirement of Civil Servants et.al., NKP 2070, Volume 4, and Public Officials Decision No. 9000

• Jagadev Shah Kanu vs. • Janak Prasad Kamat vs. Department of Civil Office of the Prime Minister Personnel Records et.al., and Council of Ministers, NKP 2066, Volume 6, Singhdurbar, Kathmandu, Decision No. 8151 NKP 2074, Volume 9, • Kulbahadur Limbu vs. Decision No. 9877 Ministry of Culture, Tourism • Ganesh Bahadur Khatri vs. and Civil Aviation, NKP Ministry of Home Affairs, 2067, Volume 6, Decision NKP 2068, Volume 9, No.8392 Decision No. 8676

Session 29 Educational Qualification, Equivalency and Affiliation Objective of the session: • To update them with The Objective of the session are: Supreme Court's perspective • To inform government on Educational Competency, attorneys' about the equivalency and affiliation determination of educational and to make them competent qualification, grounds and to defend on such. process for determination of Subject included in this Unit: educational qualification for • Determination of the appointment in Civil and Educational Qualification Public Post, during the appointment in • To familiarize them with the Civil Service and Public concept of equivalency and Post affiliation of educational • Grounds and process for qualification, determining Educational • To inform them about Qualification process for determining • Legal provision related to equivalency and affiliation, Equivalency and Affiliation formation of equivalency of Educational Qualification determination committee • Role of Public Service and its role, Commission for determining • To clarify about the Academic Qualification, determination of educational • Process for determining qualification and the role of Affiliation and Equivalency Public Service Commission, • Equivalency Determination Committee

• Supreme Court's perspective polopoly_fs/1.155163!/file/p on Determination of hilosophicalcritique.pdf Affiliation and Equivalency • Jitendra Yadhav vs. Public and relevant precedents Service Commission, NKP Reference Materials: 2070, Volume 8, Decision • Civil Service Rules, 2050 No. 9041 (1993), Chapter 3, 15 and • Renu Adhikari vs. Office of Rule 127 the Prime Minister and • Acts and Rules on Division Council of Ministers et.al., of Different Service Groups NKP 2063, Volume 6, • Nepal Health Service Act, Decision No. 7710 2053 (1997) Chapter 3, 4 • Harisharan Karki et.al. vs. • Nepal Health Service Rules, Ministry of Law, Justice and 2055 (1999) Chapter 15 and Parliamentary Affairs, NKP Schedule 6 & 7 2059, Decision No. 7068 • Alikhan Baimenov and Max • Shiv Kumar Basnet vs. Everest-Phillips, Public Service Commission Meritocracy for Public et.al., NKP 2064, Volume 10, Service Excellence, Decision.No.7894 http://www.undp.org/content • Dhruba Raj Pradhan vs. /dam/undp/library/capacity- Public Service Commission, development/English/Singap NKP 2062, Volume 6, ore Decision No. 7552 • Michael Young, The Rise of • Dr. Ashok Chandra Shrestha the Meritocracy: A vs. Public Service Philosophical Critique, Commission et.al., NKP https://www.sheffield.ac.uk/ 2062,Volume 6, Decision No. 7501

Session 30 Question regarding the Unconstitutionality of the law and Service related Laws Objective of the session: • To provide conceptual The Objective of the session are: knowledge to Government

Attorneys' on Reference Materials: constitutionality of law & • Constitution of Nepal Doctrine of Ultra Virus, • Interpretation of Laws Act, • To familiarize them with 2010 (1954) Presumption of • Civil Service Act, 2049 Constitutionality, Onus to (1993) prove Unconstitutionality • Civil Service Rule, 2050 and the Principle of Judicial (1993) restraint in policy matters • Nepal Health Service Act, • To provide basic knowledge 2053 (1997) on Interpretation of Laws • Nepal Health Service Rules, and Principle of Severability 2055 (1999) and train them about • MP Jain (2017, Indian Principle of Colorable Constitutional Law, 8th ed. Legislation, Lexis Nexis, India • To update them about the • V.N. Sukla (2017), Supreme Court's perspective Constitution of India, 13th ed. on constitutionality issue of Eastern Book Company, Service laws and to make • D. L. Keir and F. H. Lawson, them competent to defend Cases in Constitutional Law, on such. • Dr. J. N. Pandey, The Subject included in this Unit: Constitutional Law of India, th • Concept of Constitutionality 48 ed. 2011, Central Law of Law and Doctrine of Agency, Ultra Virus • D. S. Nakara vs. Union of • Presumption of India, AIR, 1983, SC 130, Constitutionality, Onus to • Suneel Jatley vs. State of prove Unconstitutionality Hariyana, AIR 1983, SC and the Principle of Judicial 473 restraint in policy matters • Balaji and others vs. State of • Principle of Severability Mysore, AIR, 1963, SC 649 • Principle of Colorable • Public Service Commission, Legislation Central Office, • Supreme Court’s perspective Kamalpokhari vs. Shiva on the question of Kumar Basnet, NKP 2072, constitutionality of the law Volume 7, Decision No. related to service. 9427

• Dr. Dipendra Shrestha and Culture, Tourism and Civil others vs. Nepal Aviation, NKP 2064, Volume Government, Ministry of 9, Decision No. 7876 Health and Population, • Gaj Bahadur Bam vs. Office NKP 2075, Volume 3, of Prime Minister and Decision No. 9968 Council of Ministers, NKP • Janak Prasad Kaamat vs. 2064, Volume 6, Decision Prime Minister and office of No.7855 Council of Ministers, NKP • Murari Prasad Koirala vs. 2074, Volume 9, Decision Office of Prime Minister and No. 9877 Council of Ministers, NKP • Shambhu Prasad. Sanjel and 2063, Volume 6, Decision others vs. Ministry of No. 7708

Session 31 Tenure Indicated and Non-Indicated Appointment in Public Service and Disputes Objective of the session: positions of the heads and The Objective of the session are: members of the committees • To inform about the nature formed under the and position (lien) of Development Committee executive positions Act and the positions nominated or appointed by representing the the Government of Nepal, Government of Nepal with the positions representing tenure indicated and non- the Government of Nepal, indicated in Public positions; the positions of the heads • To update them with and members of the Supreme Court’s perspective committees formed under on the appointment, the Development Committee discharge, alternation and Act, Procedures taken in such • To conceptually clarify positions and to make them about the process and competent to defend on such. standards to be followed Subject included in this Unit: while appointing executive • Information regarding the positions nominated or executive positions appointed by the nominated or appointed by Government of Nepal, the the Government of Nepal,

the positions representing Administration, NKP 9593, the Government of Nepal, Volume 5, the nature of the posts and • Binit Kumar Jha vs. Nepal the positions of the heads of Government, Office of Prime the committees constituted Minister and Council of under the Act of Ministers, NKP 2072, Development Committee, Volume 10, Decision No. • Procedures and Standards to 9478 be followed during such • Rameshwor Yadhav vs. appointments, Nepal Government, Office of • Supreme Court’s perspective Prime Minister and Council on the appointment, of Ministers, NKP 2069, discharge, alternation and Volume 9, Decision No. Procedures taken in such 8889 positions • Dr. Santa Bahadur Gurung Reference Materials: vs. Nepal Government, • Development Board Act, Office of the Prime Minister 2013 (1956) and Council of Ministers, • Orders on the formation of NKP 2064, Volume 4, different developmental Decision No.7839 committees, • Writ. No.068-WO-0599, • Prof. Dr. Ashok Ratna Suresh Prasad Yadhav vs. Bajracharya vs. Nepal Nepal Government, Office of Government, Office of Prime the Prime Minister and Minister and Council of Council of Ministers et. al., Ministers, NKP 2074, (Supreme Court Bulletin Volume 1, Decision No. 2068 B.S. Volume 24) 9743 • Birju Ranjeet vs. Ministry of • Praweshram Bhandari et.al. Education and Sports, NKP vs. Ministry of Federal 2062, Volume1, Decision No. Affairs and General 7484 Session 32 Civil Service and Trade Union Objective of the session: rights of the Trade Union in The Objective of the session are: civil service, • To inform about the concept • To conceptually clarify of Trade Union and the about International Labor Organizations and trade

union rights of Public • Civil Service Act, 2049 Officials, (1993) • To clarify the legal • Civil Service Rule, 2050 provisions of Trade Union in (1993) Civil Service Act and other • Nepal Health Service Act, service related laws, 2053 (1997) • To update them with • Nepal Health Service Rules, Supreme Court’s perspective 2055 (1999) on disputes related to Trade • Swosti Paudel Acharya vs. Union and to make them Ministry of Health and competent to defend on such. Population, NKP 2072, Volume 11, Decision No. Subjects included in this Unit: 9495 • Concept of Trade Union and • Shova Chandra Mishra vs. the Rights of the Trade Ministry of Health and Union in Civil service Population, NKP 2072, • International Labor Volume 5, Decision No. Organizations and trade 9410 union rights of Public • Shova Chandra Mishra vs. Officials Ministry of Health and • Legal provisions of Trade Population, NKP 2072, Union in Civil Service Act Volume 3, Decision No. and other service related 9373 laws • Bindeswor Prasad Patel vs. • Supreme Court’s perspective Ministry of Forest and Soil on the disputes of Trade Conservation, NKP 2069, Union Volume 1, Decision No. Reference Materials: 8750 • Constitution of Nepal

Session 33 Administrative Court and Disputes related to service Objective of the session: formation of administrative The Objectives of the session are: court in Nepal and its • To inform them about the jurisdiction. concept of Administrative court, comparative study,

Subjects included in this Unit: • Jurisdiction of • Concept and International Administrative Court and its practices on Administrative procedures, Court, • Reinstate in service and • Formation of Administrative Facilities Court and its Objective,

Session 34 Disputes related to Age Calculation

Objective of the session: • Process and Legal Provisions The Objectives of the session are: on Age Calculation, • To inform them about the • Challenges and Way Forward principles propounded by the on Age Calculation, Supreme Court relating to Age • Supreme Court's Perspective Calculation of public servants on Age Calculation • Provision relating to age for Subjects included in this Unit: Enrollment and Retirement in • Concept and International Service, practices related to Age • Role of Department of Civil calculation, Personnel Record