Standard and Syllabus of Specialization Training...... Office of the , 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 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.

1 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal (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 or advocate for at least fifteen years practicing law in Supreme 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 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal (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.

3 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

4 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

1. Constitutional Law

5 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

6 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 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: x Aware of fundamental principles of system of governance of the state and federal governance system. x Acquainted with fundamental principles and practices of constitutional law. x Aware about the principles propounded and jurisprudence laid down by in constitutional disputes. x Able to properly use and invoke the principles of constitutional law, judicial practices and jurisprudences on behalf of the 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. 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 17. 18. Habeas Corpus 19. 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

7 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 25. Constitutional Bodies 1 26. Constitutional Bodies 2 27. Head of the State 28. Financial Procedures 29. Powers of Emergency 30. Amendment of the 31. Constitutional Court and Constitutional 32. Implementation of the orders of the and its impacts 33. Independence of 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: x Dissolution of House of Representatives At the end of this session, the participants: and provincial assembly in the x Will be introduced with the existing major governance system of in the world. x Judicial perspective in dispute related to x Will gain knowledge about fundamental dissolution of parliament values of parliamentary system and Reference Material practice. x W.G. Andrews, and x Will be able to analyze the principle Constitutionalism (3rd ed). East West propounded by the Supreme Court on Press, , 1968. dispute of dissolution of Parliament. x D.D. Basu, Comparative Constitutional Subjects included in this Unit Law. Lexis Nexis, Butterworths Wadhwa, x Introduction to various governance Nagpur, 2010. systems x Ram Kumar Dahal, Constitutional and x Fundamental aspects of parliamentary Political Developments in Nepal. Ratna system of governance Pustak Bhandar, , 2001. x Comparative study of parliamentary and x Hilaire Barnett, Constitutional & presidential system of governance Administrative Law (11th Edition), x Practice of mixed governance system Cavendish Publishing Ltd. London, 2002 x Exercise of executive power in x K C Wheare, Modern Constitution. parliamentary system and the role of x H.M. Seervai, Constitutional Law of Prime Minister . x Prime Minister’s recommendation for the x M.P. Jain, Indian Constitutional Law. dissolution of parliament in parliamentary x Sir Ivor Jennings, Cabinet Government, system Cambridge University Press, 1959. x Vote of Confidence to the Prime Minister x Sir Ivor Jennings, Parliament, Cambridge and vote of No Confidence University Press.

8 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Bharat Raj Uprety, and others (ed). Bhrikuti Academic Publications, Constitutional Law of Nepal (Nepalko Kathmandu, 2061. Sambaidhanik Kanoon). Freedeal, x Hari Prasad Nepal v. PM Girija Prasad Kathmandu, 1997. et. al., NKP Golden Jubilee Birth x Interpretive Commentary of the Anniversary Special Issue, 2052 page 88 Constitution of , 2047 x Ravi Raj Bhandari v. PM Manmohan x Constituent Assembly, Report of the Adhikari et. al., NKP Golden Jubilee Birth Governmental Format Determination Anniversary Special Issue, 2052 page 1 Committee 2066. x Chitra Bahadur KC v. PM Sher Bahadur x Nilambar Acharya, Transition in Deuba et. al. (Writ no. 3452 of 2059) (Prajatantrama Sankraman), Session 2 Federalism Objective of the Session: x D.D. Basu, Comparative Federalism. At the end of this session, participants: Nagpur: Wadhwa and Company, 2008. x Will be familiar about the concept and the x Michael Burgess, Comparative Federalism: basis of formation of federalism, Theory and Practice. London: Routledge, x Will be introduced about the practice of 2008. . x Daniel J. Elajar, Federalism : An Subjects included in the Unit Overview x Concept of Federalism x John Loughlin et.al, Routledge Handbook x Theories of Federalism of Regionalism and Federalism, Routledge, x Basis for formation of federalism 2014 x Asymmetric and Symmetric federalism x Chandra Kanta Gyawali, Prakash A. Raj. x Practices of federal states (India and Federalism in the World (1st ed), 2010. Unites States of America) x Chandra Kanta Gyawali, Federalisation in x The federal governance system, basis and Nepal: Challenges and Prospects, 2015 principles of federalism adopted by the x Buddhi Karki, Rohan Idrishina (ed). The Constitution of Nepal Federalism Debate in Nepal. x Federalism, dispute transformation and UNDP/SPCBN, 2014. political stability x Surendra Bhandari, Constitutional Design x Federal system of governance and and Implementation Dynamics, Himal management of diversity Innovative Development and Research, x Practice / challenges and opportunity of Kathmandu, 2016. federalism in Nepal x Thomas Fleiner, Lidija R. Basta Fleiner, x The outcomes achieved from the practice Constitutional Democracy in a of federalism. multicultural and globalised world, Springer, 2009. Reference Materials: x George Anderson, Federalism: An x Bishnu Raj Upreti (ed), Peace Process and Introduction, Oxford University Press, Federalism in nepal, NCCR North South, 2008. 2009 x K.C. Wheare, Federal Government

9 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Ronald W. Watts, Comparing Federal x Constituent Assembly, Report of the State Constitutions (3rd ed). McGill Queen's Restructuring Committee, 2066. University Press, London, 2008. Session 3 Organization of State and Distribution of State Powers

Objective of the Session: x Distribution of State Power in the At the end of this session, the participants: Constitution of Nepal and challenges in its x Will be aware of the arrangement of the implementation state structure, basis for division of power x Practices of other states that have adopted in federalism, federal governance system (India, United x Will be introduced about the arrangement States of America, South Africa etc.) of Nepalese federalism and the practices of other federal states. Reference Materials x A.W. Bradley and Keith Ewing (ed). Wade and Bradley. Constitutional and Subjects included in the Unit: Administrative Law. ELBS with x Fundamental features of unitary and Longman, UK: 1993. federal system x Daniel J. Elajar, Federalism : An x Principles of distribution of power in Overview federal structure x Thomas Fleiner, Lidija R. Basta Fleiner, x Residual Power and condition of its uses. Constitutional Democracy in a x Job enrichment report multicultural and Globalized World, x Uses of State Power in Federal, Provincial Springer, 2009. and Local level. x George Anderson, Federalism: An x The comparative study of uses of State Introduction, Oxford University Press, Power in Federal Governance System 2008. (Nepal and India) x K.C. Wheare, Federal Government x Constituent Assembly, Report of the State Restructuring Committee, 2066. Session 4 Interrelationship between , Province and Local Level

Objective of the Session: Subjects included in the Unit At the end of the session, the participants: x Essence of Cooperation, coordination and x Will be introduced about Constitutional coexistence Provision on function and power of x Function and Power of Federal federal, provincial and local level Government government and the concurrent lists x Function and Power of Provincial x Will be familiar about foreign federal Government practices on distribution of power. x Function and Power of Local Government

10 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Implementation of concurrent and x Daniel J. Elajar, Federalism : An autonomous lists Overview x Legislative, Judicial and Executive x Buddhi Karki and Rohan Indrishina (ed). relationship between various levels of Participatory Constitution Making in government Nepal: Issues of Process and x Interrelation between Federal and Substance, UNDP/SPCBN, 2014. Province x Buddhi Karki and Rohan Indrishina (ed). x Interrelation between Federal, Province The Federalism Debate in Nepal, and Local Level UNDP/SPCBN, 2014. x Interrelation between Federal and Local x Thomas Fleiner, Lidija R. Basta Fleiner, Level Constitutional Democracy in a x Interrelation among the Provinces multicultural and globalised world, x Interrelation between Province and Local Springer, 2009. level x George Anderson, Federalism: An x Interrelation among the Local Level Introduction, Oxford University Press, x Coordination Mechanism 2008. x Foreign Practices (Contextual) x M P Jain, Indian Constitutional Law, Reference Materials x K.C. Wheare,Federal Government x George Anderson, Federalism: An x Constituent Assembly, Report of the State Introduction. Oxford University Press, Restructuring Committee, 2066. 2008. x Zofd s'df/ e§/fO{, ;+j}wflgs tyf x D.D. Basu, Comparative Federalism. k|zf;sLo sfg"g -t];|f] ;+:s/0f_ ;f]kfg Wadhwa and Company, Nagpur, 2008. dfl;s @)&^ Michael Burgess, Comparative Federalism: x Theory and Practice. London: Routledge, 2006. Session 5 Disputes Likely to Arise between Various Levels of Government

Objective of the Session: x Federal, Provincial and Local Level At the end of the session, the participants: Dispute Settlement Mechanism in Nepal x Will be informed about the nature of (Political and Legal Mechanism) dispute arise during the exercise of Reference Materials function and power by various federal x Michael Burgess, Comparative Federalism: units, inter-state trade and the use of Theory and Practice. London: Routledge, natural resources. 2006. Subjects included in the Unit: x Daniel J. Elajar, Federalism : An x Dispute regarding Power and Function. Overview x Use of natural resources x Urshula K. Hicks, Federalism: Failure and x Implementation of tax Success: A Comparative Study. Macmillan, x Inter-State Trade 1978. x Inter-State Council and Constitutional x Loughlin, John et al (ed). Routlegde responsibility Handbook of Regionalism and Federalism, x Foreign Federal Practices (India, United Routledge, 2013. States of America) x McCulloch v. Maryland 17 US 316-1819

11 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x v. Lopez, 514 U.S. 549 Madras Presidency (TN) and Kingdom of (1995) Mysore (Kar.) x United States v. Morrison, 529 U.S. 598 x Ravi Beas Dispute: Punjab, Haryana, (2000) Rajasthan and Himachal Pradesh. x Gonzales v. Raich, 545 U.S. 1 (2005) x V. Niranjan, Interstate Trade and x Dean Milk Co. v. City of Madison, Commerce: The Doctrine of Wisconsin, 340 U.S. 349 (1951) Propersanality Reffirmed, Indian Journal x Chemical Waste Management v. Hunt, of Constitutional Law, 2008 504 U.S. 334 (1992) x Rudra Sharma, Federal Dispute Settlement x Mahadayi water dispute: Goa, Karnataka in Nepal, India and USA. + Maharashtra x Constituent Assembly, Report of the State x Vansadhara Water Dispute: Odisha + Restructuring Committee, 2066. Andhra Pradesh x Constituent Assembly, Report of the x Krishna Water Dispute: Maharashtra, Committee on Natural Resources, Fiscal Karnataka, Telangana and Andhra Pradesh rights and Distribution of Revenue, 2066. x Cauvery Water Dispute: Kerala, x kbd k|;fb kf08]o, ;+3Lo ;+/rgfdf ;+3 / Pudecherry, Tamil Nadu and Karnataka - k|b]zsf] ;DaGw, ;+j}wflgs sfg"g ;|f]t ;fdu|L, two agreements in 1892 and 1924 between dxfGofoflwjQmfsf] sfof{no g]kfn @)&% Session 6 Constitutionalism

Objective of the session: Reference materials At the end of the session the participants: x Hilaire Barnett, Constitutional & x Will be introduced about the General Administrative Law (11th Edition) principles and values of constitutionalism. x Larry Alexander, Constitutionalism x Will be introduced about implementation Philosophycal Foundation, Cambridge and adjudication of principle of University press, 2001. Constitutionalism in Nepal and enable x Stephen M. Griffin, American them to defend on such disputes. Constitutionalism, From theory to Politics, Subjects included in the Unit: Princeton University Press, New Jersey, x Concept and development of 1996. constitutionalism x Surya Prasad Dhungel et al., Commentary x Basic values and types of on Nepalese Constitution, Delf, constitutionalism Kathmandu, 1998. x neo-constitutionalism and Modern values x H.M. Seervai, Constitutional Law of of constitutionalism India x Constitutionalism and Nepalese x M.P. Jain, Indian Constitutional Law Constitutional Development x Norman Redlich et. al, Constitutional Law, x Constitution of Nepal and Lexis Nexis, 2009 Constitutionalism x Constituent Assembly, Concept Paper and x Comment on adjudication of the Preliminary Report of Constitutional Constitution of Nepal from the perspective Committee, 2066. of constitutionalism x Purnaman Shakya, Constitutionalism in x Judicial perspective on Constitutionalism the Context of Good Governance, Bases

12 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

of Democratic Constitution, Agrasarathi x Shri Krishna v. Office of the Prime Adhyayan Anushandhan Kendra, 2065. Minister and the Council of Ministers, x Nepal Devins & Loais Fishes, Democratic NKP 2067 vol 10 decision number 8480 Constitution, 2nd Edition x Pravin Kumar Labh v. Constitutional x Vijay Raj Shakya v. Constitutent Council et. al. (Regarding appointment as Assembly, NKP 2067 vol 9 decision Election Commissioner) number 8457 x Chandra Kanta Gyawali v. President of the x Rajeev Parajuli v. Royal Commission on Council of Ministers, writ number 0976 of Control of Corruption et. a. writ number year 2069, decision date 2072/12/25 118 of year 2062, order date 2062/11/1 x Balkrishna Neupane v. Vice President et. x Om Prakash v. Lokman Singh Karki al. NKP 2066 vol 4 Decision number 8117 et. al. NKP 2074 vol 11 decision no. 9710 x Pushpakamal Dahal v. Constitutional x Shri Krishna Subedi v. Office of the Council et. al. NKP 2068 Decision Preseident et. al. NKP 2069 vol 12 number 8406 decision number 8926 x Sagar KC v. Office of the Prime Minister and the Council of Ministers, NKP 2070 decision 9300 Session 7 Fundamental Principles of Constitutional Law

Objective of the session: x Principle of Separation of Power and At the end of the session, the participants: Check and Balance in the Constitution of x will be informed about the principles of Nepal constitutional law x Judicial perspective on the principle x Enable them to defend on such disputes. of Separation of Power and Check and Subjects included in the Unit Balance x Principle of Constitutional Supremacy Reference Materials x Constitutional Supremacy and x A. V. Dicey, An Introduction to the Law of Parliamentary Supremacy the Constitution, (10th ed), ELBS and x The role of Supreme Court in maintaining Macmillan, London, 1960 Constitutional Supremacy x Dr. Chandrakanta Gyawali, People's x Principle of Rule of Law and Dicey’s Sovereignty and Constitutionalism, A.K. Concept Publication, Kathmandu, 2012 x New Concept on Rule of Law x Joseph Raaz, The Politics of Rule of Law, x Lord Bingham’s Eight Principles of Rule Indian Journal of Constitutional Law, of Law 2008 x Principles of Joseph Raz x O.P. Gouba, Constitutionalism in a x Interrelation between Rule of Law and Changing Society. Gitanjali Publishing democracy House, New Delhi, 1984. x Orders of the Supreme Court for x Hilaire Barnett, Constitutional & maintaining Rule of Law Administrative Law, 11th Edition, x Principle of Separation of Power and Cavandish Publishing limited, London, Check and Balance 2002

13 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x H.M. Seervai, Constitutional Law of x Bharatmani Jangam v. Parliamentary India, Secretariat, NKP 2057, vol 9/10 decision x M.P. Jain, Indian Constitutional Law no. 7030 x VJ Tasaposevala, Rule of Law and x Ravi Raj Bhandari v. PM Manmohan Leading of Law Adhikari et. al., NKP Golden Jubilee Birth x M.P. Jain and S.N. Jain, Principles of Anniversary Special Issue, 2052 page 88 Administrative Law. Lexis Nexis, x Rajeev Parajuli v. Royal Commission on Butterworths Wadhwa, Nagpur, 2008. Control of Corruption et. a. writ number x Surya Prasad Dhungel et al., Commentary 118 of year 2062, order date 2062/11/1 on Nepalese Constitution, Delf, x Chandra Kanta Gyawali v. Office of the Kathmandu, 1998. Prime Minister and Council of Ministers x S.P. Sathe v. Union of India, AIR 1982 SC et. al. order on the writ against the order to 149 remove difficulties, NKP 2075 vol 1 page x Chandra Mohan v. State of U.P., AIR 1966 108 SC 1987 x Sarvagya Ratna Tuladhar v. National x ADM Jabalpur v. Shiv Kanta Sukla case Panchayat NKP 2035 decision no. 1197 (Minority opinion by HR Khanna) x Balkrishna Neupane v. Vice President et. x Constituent Assembly, Concept Paper and al. NKP 2066 vol 4 decision no. 8117 Preliminary Report of Constitutional x Puspa Kamal Dahal v. Counstitutional Committee, 2066. Council et. al. NKP 2068 vol 7 decision x Constituent Assembly, Report of no. 8406 Restructuring of the State and Distribution x Sanjay Kumar Shah v. Speaker of the of State Power Committee2066. House et. al. NKP 2070 vpl. 8 decision no. x Badri Bahadur Karki v. Commission on 9040 Investigation of Abuse of Authority, NKP x Tulsi Simkhada v. Secretariat of the 2058 vol 5 and 6 decision number 7001 Constituent Assembly, NKP 2070 vol 1 x Rhishikhesh Shah v. His Majesty’s decision no. 8943 Government, NKP 2026 vol 1 decision no. x Meera Dhungana v. Office of the Prime 514 Minister and the COnuncil of Ministers et. x Achyut Krishna Kharel v. Home Ministry al. NKP 2073 vol 3 decision no. 9551 et. al. NKP 2055 vol 11 decision no. 6624 Session 8 Major Principles applicable in constitutional interpretation

Objective of the session: x Doctrine of necessity At the end of this session participants, x Doctrine of political question x Will be introduced about the conceptual x Doctrine of acquiescence and latches aspects on the applicability of Principles x Doctrine of constitutional silence for constitutional interpretation. x Doctrine of common right and reason x Enable them to defend on such disputes on x Doctrine of fraud on the constitution the basis of Judicial Principles. x Doctrine of harmonious interpretation Subjects included in the unit: x Doctrine of implied power and prohibition x Doctrine of colorable legislation x Doctrine of pith and substance x Doctrine of eclipse x Doctrine of ripeness

14 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Doctrine of severability x Radheshyam Adhikari v. Secretariat of x Doctrine of waiver council of ministers and others, NKP 2048 x Doctrine of repugnancy No 12 Decision No. 4430 x Doctrine of Submission x Dilip Kumar Yadav v. CIAA, N.K.P 2067 x Doctrine of Pleasure Decision No. 8484 x Doctrine of Judicially manageable x Gopal Shiwakoti V. Ministry of Finance discoverable standard and others, NKP 2051 Decision No 4895 Reference Materials: x Hariprasad Nepal V. Prime Minister Girija x Upendra Baxi, The Indian Supreme Court Prasad Koirala, NKP 2052 (Special and Politics, Eastern Boook Company, volume) 1980 x Baburam Poudel V. secretariat of council x Upendra Baxi, Law, Politics and of ministers, NKP 2051 Decision No 4875 Constitutional : The Supreme x Rajib Parajuli V. Royal commission for Court, Jurisprudence and demoprudence, corruption control, S. C Bulletin Special 2016 2062 Page No 47 x H.M. Seervai, Constitutional Law of x Chitra Bahadur KC v. Prime Minister Sher India Bahadur Deuba, 2059's writ no. 3542 x M.P. Jain, Indian Constitutional Law x Balkrishna Neupane v. legislative x Dr. J. N. Pandey, Constitutional Law of parliament et.al, NKP 2068 vol.4 Decision India, Central Law Agency, 2001 No 8588 x Bhaikaji v. State of M.P., AIR 1955 SC x Indraman Karmacharya v. His Majesty's 781 government, NKP 2052 vol. 1 Decision no x Deep Chand v. State of U.P., AIR 1959 SC 5044 648 x Pushpakamal Dahal v. constitutional x Bashesher Nath v. Income Tax council et.al, NKP 2067 vol. 7 Decision Commissioner, AIR 1956 SC 269 no. 8406 x Mahendra Lal Jain v. State of U.P., AIR x Chandrakant Gyawali v. council of 1963 SC 1019 ministers et.al, NKP 2064 vol. 8 Decision x A.K. Gopalan v. State of Madres, AIR no. 7875 1950 SC 27: 1950 SCJ 174 x Sarkari wakil Digdarshan (Government x Ramesh Thappar v. State of Madras, AIR, Attorneys' Guide) (Third Edition), Office 1950 SC 124 of Attorney General, Nepal. x Baker v. carr, 369 US 186, 1962 x Kamlesh Dwivedi v. council of ministers et.al, NKP 2064 vol. 7 Decision no. 8766 Session 9 Constitutional provisions on citizenship

Objective of the Session: to the Nepalese citizenship during their At the end of this session participants will: designated work performance. x Be able to apply the provisions related to x Be informed about Supreme Court concept of citizenship, grounds for the perspective on the dispute related to acquisition of citizenship and citizenship. constitutional and legal provisions related Subjects included in the unit: x Concept of citizenship

15 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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

Fundamental Rights 1: Civil and political Rights 1

Objective of the Session: x Emergency and Suspension of At the end of this session participants: Fundamental Rights x Will be able to apply the concept, x Foreign practices on right to freedom (UK, developed jurisprudence and judicial USA and India) perspective of civil and political rights as x Representative orders of European Court fundamental rights in work place. of Rights (if possible) Subjects included in the unit: x Fundamental Rights and new dimensions x Conceptual aspects of fundamental rights of civil liberty x Basic features of fundamental rights x Secularism and Religious Freedom x Civil and political rights and state's x Right to property and judicial perspective positive and negative obligation x Right to freedom and judicial perspective x Development of civil and political rights x Abandonment of Fundamental Rights x Right to freedom and limitation, its basis x Fundamental rights and duties of citizen and reason. Reference materials:

16 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Bhimarjun Acharya, Fundamental Rights x Iman singh Gurung v. Secretariat of in the World Constitutions. Pairavi Book council of ministers et.al, NKP 2049 vol. 7 x Gyan Bahadur Basnet, The Crisis for Civil Decision No 4597 Liberties and . Gyan x Raju Prasad Chapagain v. Secretariat of Bahadur Basnet, 2008. council of ministers et.al, NKP 2057 Writ x Dr. Haribansha Tripathi, Fundamental No. 2986 Decision Date 2060/5/11 Rights and Judicial Review, Pairavi x Yagyamurti Banjade v. Durgadas Shrestha Prakashan, 2002. et.al, NKP 2027 vol. 1 Decision No. 547 x F.A. Hayak, The Constitution of Liberty. x Padam bahadur Bhandari v. Ministry of Routledge Classics, London, 2006. defense et.al, NKP 2063 vol. 8 Decision x Surya Prasad Dhungel et al., Commentary No. 7747 on Nepalese Constitution, Delf, x Rishikesh Shah v. His Majesty's Kathmandu, 1998 government, NKP 2026 vol. 1 Decision x V.N. Shukla's Constitution of India, No. 514 Eastern Book Company, 2001. x Paras Mani v. Prime minister x Justice (Rtd) K S Puttaswamy v. Union of and office of council of ministers et.al, India, 2017 NKP 2075 vol. 3 Decision No. 9984 x Mohd. Hanif Quareshi v. State of Bihar, x Rajendra Ghimire v. Prime minister and AIR 1958 SC 713 office of council of ministers et.al, NKP x Vishaka v. State of Rajasthan, AIR 1997 2066 vol. 3 Decision No. 8101 SC 7488, 752 x Writ petition filed by Nanda Kumari x State of West bangal v. Anwar Ali Sarkar, Rawal, NKP 2050 Decision No. 4721 AIR, 1952 SC 75 x Writ petition filed by Madhav Kumar x Constituent Assembly, Report of the Basnet (Right relating to land) (2058 B.S. Fundamental Rights and Directive Writ No. 2746 Decision date: 2058/6/4) Principles Committee, 2066 x Writ petition filed by Mithilesh Kumar x Bikash Lakai v. Prime minister and office singh, NKP 2056 Page no. 478. of council of ministers et.al, NKP 2070 vol. 10 Decision No 9069 Session 11 Fundamental Rights 2: Civil and Political Rights 2

Objective of the Session: Subjects included in the unit: At the end of this session participants: x Right to equality and substantive equality x Will be able to apply the concept, x Limitation on right to equality developed jurisprudence and judicial x Right to equality and justiciable perspective of civil and political rights as classification fundamental rights during work x Equality before law and equal protection performance. by law x Positive , substantive equality and reservation x Foreign practices related with right to equality (UK, USA and India)

17 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Judicial perspective on right to equality x Writ petition filed by Meera Dhungana, Reference materials: NKP 2064 Decision no. 7854 x Bhimarjun Acharya, Fundamental Rights x Reena Bajracharya v. Royal Nepal Airline in the World Constitutions, Pairavi Book, corporation et.al, (2054 B.S. writ no 2812 Kathmandu Decision date 2057/2/26, NKP 2057 vol. 5 x Dr. Haribansha Tripathi, Fundamental decision no. 6898 Rights and Judicial Review, Pairavi x Sapana Malla Pradhav. Prime minister and Prakashan, 2002. office of council of ministers et.al, NKP x Fisher, Louis. Constitutional Rights: Civil 2053 vol. 2 Decision no. 6140 Rights and Civil Liberties. USA: McGraw x Suman Panta v. Department of Hill Inc, 1995. Immigration et.al, (Same sex marriage and x V.N. Shukla's Constitution of India, related to entrance permission) NKP 2074 Eastern Book Company, 2001. vol. 12 decision no. 9921 x Stone, Richard. Civil Liberties and Human x Sunilbabu Panta v. Prime minister and Rights. Oxford University Press, 2012. office of council of ministers, NKP 2065 x Surya Prasad Dhungel et al., Commentary vol. 4 Decision no 7958 on Nepalese Constitution, Delf, x Sagar K.C. v. Education Ministry et.al., Kathmandu, 1998 NKP 2071 vol. 12 Decision no 9300 x Brown v. Board of Education of Topeka, x Tek Bahadur Raika v. Prime minister and 347 U.S. 483 (1954). office of council of ministers, NKP 2065 x Manuka Gandhi v. UoI, AIR 1978 SC 597 vol. 5 Decision no 7961 x Dr. L.M. SINGHVI, Dr. Subhas G C. x Premkumari Nepali v. National women Kashyap, P.N. BHATT, Fundamental commission et.al, NKP 2070 vol. 1 Rights and Constitutional Amentments . Decision no. 8945 x Constituent Assembly, Report of the x Sambhuprasad Sanjel v. Ministry of Fundamental Rights and Directive Culture, Tourism and Civil Aviation et.al, Principles Committee, 2066 NKP 2064 Decision no. 7876 x Man Bahadur B.K. v. Ministry of law and x Chandrakant Gyawali v. Prime Minister justice et.al, NKP 2049 vol. 12 Decision and office of council of ministers, NKP no. 4670 2061 vol. 11 Decision No. 7459 x Meera Dhungana v. Ministry of law and justice et.al, NKP 2052 vol. 6 Decision no 6013 Session 12 Fundamental Rights 3: Right relating to Justice

Objective of the Session: Subjects included in the unit: At the end of this session participants: x Arrest Warrant. x Will be introduced about the conceptual x No punishment beyond the law, aspects of right relating to justice. x Legal counseling with lawyers x Will be Able to defend cases, on the basis x Present before adjudicating authority of foreign practices and judicial within 24 hours of the arrest perspective, in disputes of right relating to x Right against self-incrimination justice. x Principle of double jeopardy

18 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Legal assistance x Yagyamurti Banjade v. Durgadas Shrestha x Fair trial et.al, (consultation with lawyer) NKP Reference Materials: 2027 vol. 1 Decision No. 547 x Bharat Raj Upreti et.al, Constitutional law x Chandra Bahadur Nepali v. His Majesty’s of Nepal (Nepal ko Sambvaidhanik Government (self-incrimination) NKP Kanoon) (Second birth), Freedeal, 2054 2051 vol. 9 decision no. 4968 x Surya Prasad Dhungel et al., Commentary x Government of Nepal on behalf of on Nepalese Constitution, Delf, Charimaya Tamang v. Uttam Lama Kathmandu, 1998. (Retrospective effect), NKP 2061 vol. 9 x Husseinara Khatoon v. Home Sec, State of Decision no. 7432 Bihar, x Order issued in the writ petition filed by x Ram Bahadur Hamal v. Department of Lilamani Poudel, (Legal aid) NKP 2060 prison management and others, (Fair vol. 5/6 decision no. 7214 hearing), NKP 2067 vol. 4 Decision no. x Gobind Bahadur Batala v. Prime minister 8345 and office of council of ministers et.al, x Balkrishna KC v. District police office, NKP 2068 vol. 6 Decision no. 8638 (Fair Dailekh, (Principle of double jeopardy), trial and principle of double jeopardy) NKP 2067 vol. 9 Decision no. 8459 Session 13 Fundamental Rights 4: Economic and Social rights

Objective of the Session: x D.D. Basu, Comparative Constitutional At the end of this session participants: Law. Lexis Nexis, Butterworths Wadhwa, x Will be able to adopt the concept, Nagpur, 2010. developed jurisprudence and judicial x David M.O. Brien, Constitutional Law perspective of economic and social rights and Politics - 2. WW Norton and as fundamental rights during work Company, New York, 2005. performance. x Dr. Haribansha Tripathi, Fundamental Subjects included in the unit: Rights and Judicial Review, Pairavi x Economic and social rights Prakashan, 2002. x Positive rights and obligation of the state x V.N. Shukla's Constitution of India, x Socio-economic rights as fundamental Eastern Book Company, 2001. rights x Surendra Bhandari, Constitutional Design x Directive principles and policies of the and Implementation Dynamics, Himal state and socio-economic rights Innovative Development and Research, x Relationship between civil and political Kathmandu, 2016. rights & economic and social rights. x Surya Prasad Dhungel et al., Commentary x Socio-economic rights in present on Nepalese Constitution, Delf, constitution of Nepal and its Kathmandu, 1998. implementation. x DAV Collage v. State of Panjab AIR 1971 x Reference Materials: SC 1737 x Bhimarjun Acharya, Fundamental Rights x TMA Pai Foundation v. State of in the World Constitutions. Pairavi Book Karnataaka (2002) 8SCC 481

19 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Constituent Assembly, Report of the x Pradhosh Chhetri v. Secretariat of council Fundamental Rights and Directive of ministers et.al, NKP 2061 vol. 7 Principles Committee, 2066. Decision no. 7412 x Sushil Raj Pyakurel v. Secretariat of the x Raju Prasad chapagain v. Prime minister council of ministers et.al, 2050 B.S. Writ and office of council of ministers et.al, no. 0302 Decision Date 2054/4/10 NKP 2074 vol. 4 Decision no. 9790 x Order issued in the right relating to food, x Bhupendra Bahadur Tamang Theeng v. NKP 2074 vol. 9 Decision no. 9876, Prime minister and office of council of x Writ petition filed by Bajjudin Miya, NKP ministers et.al, NKP 2074 vol. 9 Decision 2066 vol. 6 Decision no. 8169 no. 8967 (Food Sovereignty) x Writ Petition filed by Prakash Mani x Tejman Shrestha v. Secretariat of Sharma, NKP 2065 Decision No. 7954 parliament et.al, NKP 2068, SC Bulletin x Prakash Mani Sharma v. Prime Minister 2072 Ashad 1 and office of council of ministers et.al, x Dumare Kami v. Prime minister and office NKP 2068 vol. 1 Decision no. 8540 of council of ministers et.al, Decision date: x Order issued in the writ by Amrita Thapa 2074/12/14 (Free labour related) (Implementation of fundamental rights) Session 14 Social Justice and Inclusion

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

20 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 15 Directive principles and state policies

Objective of this unit: Reference Materials: At the end of the session participants: x Shailja Chander, V. R. Krishna Iyer, x Will be able to use the Directive principles Justice V.R. Krishna Iyer on Fundamental and state policies, its relationship with Rights and Directive Principles,Deep & fundamental rights and judicial Deep Publishing Company, 1992. perspective in the course of performance x Surya Prasad Dhungel et al., Commentary of their designated work. on Nepalese Constitution, Delf, Subjects included in this unit: Kathmandu, 1998. x Conceptual aspects x V.N. Shukla's Constitution of India, x Fundamental Features of directive Eastern Book Company, 2001. principles and state policies x Constituent Assembly, Report of the x Relationship, Similarity and Difference Fundamental Rights and Directive between fundamental rights & directive Principles Committee, 2066 principles and state policies x Writ Petition filed by Yogi Narahari Nath, x Principle of harmonious construction of NKP 2053 vol. 1 Decision no. 6127 constitution x Surya Dhungel v. Godawari Marble, NKP x Directive principles of state and judicial 2052 (Golden Jubilee special volume ), review NKP 2054 x Judicial perspective on directive principles x Writ Petition filed by Prakash Mani and state policies Sharma, NKP 2054 vol. 6 Decision no. x Implementation of the directive principles 6391 and state policies x Madhav Kumar Basnet, Directive Principles and Policies of the State, Agrasarathi Study and Research Center, Kathmandu, 2065 Session 16 Judicial Review

Objective of this unit: x Doctrine of Ultra vires/Intra vires in At the end of this session participants: constitutionality test of x Will be informed about the Principles of x Other principles of judicial review judicial review and the interpretations of x Major models of judicial review Supreme Court and will be able to apply x Constitutional provisions regarding those subjects in their designated work constitutionality test of law performance. x Foreign practices (India, United Kingdom Subjects included in this unit: and United States of America) x Judicial review on Constitutional x Theories applied in the test of supremacy and parliamentary supremacy constitutionality

21 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Applicant's responsibility in x Sylvia Snowiss, Judical Review and the constitutionality test Law of the Constitution. Yale University x Theories propounded by Supreme Court Press, Delhi, 1996. and judicial perspective x Soli J. Sorabjee, Gopalan to Golakhnath and beyond : A Tribute to M K Nambyar, Reference Materials: Indian Journal of Constitutional Law, x Bhimarjun Acharya, Comparative System 2007 of Judicial Review, A.K. Books and x Dr. Hari Bansha Tripathi, Fundamental Educational Enterprises Pvt. Ltd., Rights and Judicial Review in Nepal, Kathmandu, 2012. Prakashan, Kathmandu, Pairavi 2002. x Surya Prasad Dhungel et al., Commentary x Rabindra NAth Bose v. UoI, AIR 1970 SC on Nepalese Constitution, Delf, 470 Kathmandu, 1998. x Constituent Assembly, Report of the x De Smith's Judicial Review, Sweet & Judicial System Committee, 2066 Maxwell, 2013. x Research based study of the law declared x H.M. Seervai, Constitutional Law of void and repealed by the Supreme Court, India Ministry of Law, Justice and x M.P. Jain, Indian Constitutional Law Parliamentary affairs, 2069 x C K Jha, Judicial Review of Legislation, x Order issued in the writ petition filed by x Anirudh Prasad, Chandra Sen Pratap Bhimshen , NKP 2070 Decision Singh, Judicial Power and Judicial no. 8940 Review: An Analysis of the Supreme x Writ petition filed by Rajib Bastola, NKP Court in Action, Eastern Book Company, 2063 vol. 6 Decision no. 7709 2012. x Writ petition filed by Somkant Mainali, x Marbury vs Madison 5 U.S. (1 Cranch) NKP 2063 vol. 4 Decision no. 7676 1803 x Writ petition filed by Rabindra Shrestha, NKP 2073 Decision no. 9538

Session 17 Writ Objective of the Session: x Writ of Supreme Court and At the end of this session participants: High Court x Will be aware about the concept of writ, x Dual Writ in equivalent subjects and its its theories and its application in Nepal relevancy and while defend on writ petitions they x Limitations of Writ (Expressed limitation will be able to apply these concept and and latent limitation) principles. x Writ against judiciary Subjects included in this unit: x Difference between pleading in Writ and x Conceptual aspect of Writ litigious case x Alternative remedy and writ x Remedy against Writ and Nepalese x Ground for issuance of interim order practice x Interim order and Interlocutory order and Reference Materials: their remedy x B.P. Banerjee, Writ Remedies. Haryana: x Principles applied in Writ Lexis Nexis, 2015.

22 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Shashi Adhikary Raut, Judicial Activism. x Annapurna Rana v. Kathmandu District Legal Aid and Consultancy Centre, Court, NKP 2055 vol. 8 Decision no, 6588 Lalitpur, 2013. x Ramdev Yadav v. Prime minister and x Surya Prasad Dhungel et al., Commentary office of council of ministers et.al, NKP on Nepalese Constitution, Delf, 2068 Decision no 8665 Kathmandu, 1998. x Shree Prasad Upadhyaya v. Secretariat of x V.G. Ramachandran's Law of , council of ministers et.al, NKP 2055 vol. 8 Eastern Book Company, 2006. Decision no. 7925 (Writ against x Constituent Assembly, Justice system announcement of House of Representative) committee's report, 2066 x Madhurdas Pradhan v, Land Revenue x Special volume of Nyay Chautari, Writ, office, Lalitpur, S.C Bulletin 2066 Full society Nepal, 2069 Kartik volume 405 x Bisheshwor Prasad koirala v. Nepal Government, NKP 2016 vol. 8 Decision no. 56 Session 18 Habeas Corpus Objective of the session: x R. Chakraborty, (ed). Prem's Habeas At the end of this session participants: Corpus: Fundamental Rights and Other x Will be able to apply; the development of Writs, Ashoka Law House, New Delhi, Habeas Corpus writ, grounds of its 2006. issuance, its scope and judicial verdict x V.G. Ramachandran's Law of Writs, propounded by the Nepalese Supreme Eastern Book Company, 2006. court; in their work area. x Surya Prasad Dhungel et al., Commentary Subjects included in this unit: on Nepalese Constitution, Delf, x Concept of personal liberty Kathmandu, 1998. x Legal detention and illegal detention x ADM Jabalpur v. Shiv Kant Shukla, AIR x Development of writ of Habeas corpus 1976 SC 1276 x Issues considered while testing legitimacy x Sunil Batra v. Delhi Administration (1980) of detention 3 SCC 488, AIR 1980 SC 1579 x Grounds for the issuance of order of x Special volume of Nyay Chautari Writ, Habeas corpus Judges society Nepal, 2069 Kartik x Emergency period and Habeas corpus x Yagya Murti Banjade v. Durgadas x Preventive detention and Habeas corpus Shrestha et.al, NKP 2027 vol. 1 Decision x Judicial perspectives presented in the writ no. 547 of Habeas corpus by Supreme Court x Writ Petition filed by Iman singh Gurung, Reference Materials: NKP 2049 vol. 7 Decision no. 4597 x B.P. Banerjee, Writ Remedies. Haryana: x Writ by Ambar Bahadur Gurung, NKP Lexis Nexis, 2015. 2049 vol. 1 Decision no. 4450 x Bhimarjun Acharya, Comparative System x Writ Petition filed by kanakmani Dixit, of Judicial Review, A.K. Books and Writ Petition filed by Chudamani Sharma Educational Enterprises Pvt. Ltd., x Writ Petition filed by C.K Raut, NKP Kathmandu, 2012. 2071 vol. 8 Decision no. 9229

23 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Writ petition filed by Rajib Parajuli, S.C. x Sewa Ram and others v. Eastern regional Bulletin Special volume 2062 Page no 47 administration office et.al, NKP 2070 vol. x Writ petition filed by Ramesh Nath 3 Decision no. 8976 Pandey, NKP 2063 No 2 Decision no. 7645 Session 19 Certiorari and Mandamus

Objective of the session: Reference Materials: At the end of this session, participants: x B.P. Banerjee, Writ Remedies. Haryana: x Will be able to apply; the nature of Lexis Nexis, 2015. certiorari and writ of mandamus, their x Bhimarjun Acharya, Comparative System development, scope and grounds, and of Judicial Review, A.K. Books and judicial perspective of the Supreme Court Educational Enterprises Pvt. Ltd., of Nepal; in performance of their Kathmandu, 2012. designated work. x Shashi Adhikary Raut, Judicial Activism. Subjects included in the Unit: Lalitpur: Legal Aid and Consultancy x Judicial Test of Executive Function Centre, 2013. x Introduction of Certiorari x V.G. Ramachandran's Law of Writs, x Grounds for issuance and non-issuance of Eastern Book Company, 2006. certiorari x Surya Prasad Dhungel et al., Commentary x Legal, fair and reasonable decisions and on Nepalese Constitution, Delf, judicial examination Kathmandu, 1998. x Introduction of mandamus x Dr. Hari Bansha Tripathi, Fundamental x Conditions for issuance and non-issuance Rights and Judicial Review in Nepal. of mandamus Kathmandu: Pairavi Prakashan, 2002. x The difference between certiorari and x Special volume of Nyay Chautari, Writ, mandamus, as well their grounds Judges society Nepal, 2069 Kartik x Perspective of the Supreme Court x Prabhu Krishna Koirala v. Prime Minister and Office of Council of Ministers and others , NKP 2069 Decision Number 8420 Session 20 Quo-Warranto and Prohibition

Objective of the session: x Grounds for issuance and non-issuance of At the end of this session, participants: quo-warranto x Will be able to apply; the nature of quo- x Concept of Prohibition warranto and writ of prohibition, their x Grounds for issuance and non-issuance of development, scope and grounds, and prohibition judicial perspective of the Supreme Court x Grounds for issuance of injunction of Nepal; in performance of their x Difference between prohibition and designated work. injunction Subjects included in the Unit: x Judicial Perspective of Supreme Court on x Concept of Quo-warranto Prohibition and Injunction.

24 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Reference Materials: x V.G.Ramachandran's Law of Writs, x B.P. Banerjee, Writ Remedies. Haryana: Eastern Book Company, 2006. Lexis Nexis, 2015. x P.L. Lakhanpal v. A. N. Ray, x Bhimarjun Acharya, Comparative System of India, AIR 1975 Del 66 of Judicial Review, A.K. Books and x Special volume of Nyay Chautari, Writ, Educational Enterprises Pvt. Ltd., Judges society Nepal, 2069 Kartik Kathmandu, 2012 . x Om Prakash Aryal v. Lok Man Singh x Surya Prasad Dhungel et al., Commentary Karki and others, NKP 2074 vol. 11 on Nepalese Constitution, Delf, Decision Number 9710 Kathmandu, 1998. Session 21 Public Interest Litigation

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

25 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Jit Kumari Pagyani v. Prime Minster and x Tulsi Sinkhada v. Prime Minster and Council of Minister and others, NKP 2065 Council of Minister and others, NKP 2074 Decision Number 6973 Vol. 3, Decision Number 9788 Session 22 Electoral System

Objective of the session: Reference Materials: At the end of the session, participants: x The format of the electoral system, x Will be introduced about the electoral International Idea system of Nepal, importance of election in x Birendra Kumar Mishra, Electoral System democracy, role and responsibility of the x Constituent Assembly, Report of the Election Commission and the principles Committee on Determining the Form of propounded by the Supreme Court in the Legislative Organ electoral disputes. x Writ Petition by ChandraKanta Gyawali Subjects included in the Unit: ( related to Local Level Election) x Electoral system in democratic practice x The of Constituent Assembly x Fundamental principles of Election Court 2065 and 2071, Supreme Court x Introduction, merits and demerits of First x Bikash Lakai v. Office of the Prime Past the Post electoral system Minister and Council of Ministers and x Introduction, merits and demerits of others, NKP2070 vol 10 Decision Number Proportional electoral system 9069 x Introduction, merits and demerits of x Writ Petition by Mihir Kumar Thakur Single Transferable Vote electoral system (regarding Good Governance in Election x Democracy and fair election Commission) x Responsibilities of Election Commission x Chandra Kanta Gwayali v. Government of x Perspective of the Supreme Court in Nepal, NKP 2074, vol 2 (Regarding Local election related disputes Level Election) x Practices of other foreign countries x Chandra Kanta Gwyali v. Government of regarding election Nepal, NKP 2074 , vol 7 x Chandra Kanta Gyawali, Electoral System and Federal System of Governance in the World Session 23 Law-making principles and law-making processes

Objective of the session: Subjects Included in the Unit: At the end of the session, participants: x Basis of lawmaking x Will be introduced with the fundamental x Process of laws drafting principles of lawmaking, law drafting, x Legislative process responsibilities of federal units in law x Fundamentals principles of laws drafting making under federalism and judicial x The basic steps in the process of laws perspectives and can be apply them in drafting performance of their designated work. x Kelsen’s principle and categorization of laws

26 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Legislative wisdom and judicial review x Local Governance Operations Act, 2074 x Responsibility of federal, provincial and x Chapters on Legislative Process in the local level in making of laws Rules of the Parliament x Judicial perspective x Shyam Krishna Maske v. Prime Ministers and Council of Ministers, NKP 2068 vol 4 Reference Materials: Decision Number 8589 x Mohan Banjade, Legislative x A Study of Laws Declared Void by the Process,Nepalese Constitutional Law, Supreme Court, Ministry of Law, Justice Fedrel, 2054 and Parliamentary Affairs x The Conceptual Aspects of Law Making, x Status of Implementation of Directive Nepal Law Commission Orders issued by the Supreme Court, x Law Formulation Directives, Nepal Law National Judicial Academy, Nepal Commission x Constitution of Nepal Part 9 and 15 Session 24 Delegated Legislation

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

27 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 25 Constitutional Bodies-1

Objective of the session: c) Public Service Commission At the end of the session, participants; d) Auditor General x Will be aware of the constitutional organs Reference Materials: established by the Constitution of Nepal x Constituent Assembly, Report of the and their scope and role. Committee on Determining the Structure of Constitutional Bodies. Subjects included in the Unit: x Tika Ram Acharya, Public Management Resource Materials Regarding x The grounds for the establishment of constitutional bodies Constitutional Body, 2065 Badri Bahadur Karki v. CIAA, NKP 2058, x The fundamental characteristics of x constitutional bodies vol 5,6 Decision Number 70001 Indira Dhakal v. Public Service x Relationship between constitutional x bodies and executive Commission NKP 2070, vol 4 Decision Number 8992 x Relationship between constitutional bodies and legislation & parliamentary x Om Prakash Aryal v. Constitutional committee. Council, (Lok Man Singh Karki) Sunil Ranjan Singh v. Election x The provision and role of the x constitutional body in Nepalese Commission (Election Rules) Constitutional development x Surya Towako v. Auditor General (Audit) a) Commission for Investigation of Abuse of x Annual Report of respective Authority Constitutional Bodies b) Election Commission

Session 26 Constitutional Bodies-2

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

28 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Order on the Writ Petition by Bhojraj Aire, x Annual Report of respective NKP 2056, vol 6 Decision Number 6745 Constitutional Bodies. Session 27 Head of the Nation Objective of the session: At the end of the session, participants: x Order to remove difficulties and Judicial x Will be acquainted with the difference perspective between the Executive and Constitutional Reference Materials: Head of the State, Constitutional x David Brien, Constitutional Law and provisions regarding Head of the State, Politics, Vol. 1. New York: WW Norton Relationship between government and the and Company, 2005. head of the state and relevant judicial x Shree Krishna Subedi v. Office of the perspectives. President, NKP 2069, vol 12 Decision Subjects included in the Unit: Number 8926 x Executive and Constitutional Head of the x Chandra Kanta Gawyali v. Office of the State President, NKP 2075, vol 1 Decision x The role of the Constitutional Head of the Number 0007 State x Hari Prasad Nepal v. PM Girija Prasad x The responsibilities entrusted to the Koirala et. al., NKP Golden Jubilee Birth President by the Constitution of Nepal Anniversary Special Issue, 2052 page 88 x Relationship between the Constitutional x Ravi Raj Bhandari v. PM Manmohan President and the Council of Ministers Adhikari et. al., NKP Golden Jubilee Birth x Judicial perspectives on Constitutional Anniversary Special Issue, 2052 page 1 Presidents' function of other countries x Chitra Bahadur K.C v. Prime Minister x Judicial review on the functions of the Sher Bahadur Dewa and others, Writ Head of the State Number 3542 of the year 2059. x Orders issued by the Supreme Court regarding the Commander General Session 28 Financial Procedure

Objective of the session: x Financial procedure of federal, provincial At the end of this session, participants: and local levels x Will be acquainted with financial x Taxing power (federal, provincial and procedures in federal system, budget local level) making process and methods of x Fiscal equalization distribution of resources and provisions x Right to take loan made by the constitution. x Process of approaching foreign assistance Subjects Included in the Unit: x Principles propounded by the Supreme x Constitutional provision regarding Court regarding revenue and taxation financial procedure x Judicial Review on financial laws and x Process of budget making ordinances x Inter-governmental financial management x Distribution of resources

29 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Reference Materials: x Kamlesh Dvivedi v. Mistry of Finance and x Constituent Assembly, Report of the others, NKP 2067 vol 9 decision no. 8452 Committee on Natural Resource, x Surya Tobacco v. Office of the Auditor Economic Rights and Revenue General and others Distribution. x Ministry of Finance v. K.T.R. Nambiyar, x Man Bahadur Sunar v. Tax Office NKP 2066, Vol. 9 decision no. 8214 Mahendranagar, NKP 2058 vol 3,4 x Kashiram Gurung v. Office of the Prime decision no. 6984 Minister and Council of Ministers et.al.,NKP 2069, Vol. 4 decision no. 8814

Session 29 Emergency Power Objective of the session: Reference Materials At the end of the session, participants: x O.P. Gouba, Constitutionalism in a x Will be acquainted with the constitutional Changing Society. New Delhi: Gitanjali provisions relating to use of emergency Publishing House, 1984. power, effects on fundamental rights and x J.C. Johary, Comparative Politics. New bases of its application and its limits to Delhi: Sterling Publishing Pvt. Ltd., 1980. control. x Surya Prasad Dhungel et al., Commentary Subjects Included in the Unit: on Nepalese Constitution, Delf, x Conditions for the use of Emergency Kathmandu, 1998. Power x Constituent Assembly, Report of x Applicability of fundamental right in Constitutional Committee, 2066 emergency x Constituent Assembly, Report of x Emergency and preventive detention Fundamental Rights and Directive x Limitation to freedom during emergency Principles Commitee and compensation x Writ of Dambar Singh Gadal (Hearing of x Derogable and Non-derogable Rights old writ during the time of emergency x Practices of foreign countries regarding situation) judicial review on emergency x Writ of Madan K.C (Decision date: x Orders issued by Nepalese judiciary 2058/8/14) regarding emergency situation x ADM Jabalpur v. Shiv Kanta Shukla, AIR 1975 Session 30 Amendment of Constitution

Objective of the session: Subjects Included in the Unit: At the end of this session, participants: x Basic Structure Doctrine x Will be aware about the basic principles of x Rights regarding constitution making and the constitutional amendment, practices amendment developed by Indian Judiciary and x Interpretation of the Indian Judiciary decisions made by the Supreme Court of regarding the basic structure of Nepal regarding amendment of the Constitution constitution.

30 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Judicial Review of constitutional x Keshavananda Bharati v. State of Kerala, amendments AIR 1975 SC 1961 (1973) 4 SCC 225 x Commentary of the decisions of the x Indira Neharu Gandhi v. Raj Narayan, supreme court of Nepal regarding writ AIR, 1975, SC 2299 petitions on amendment of the Interim x Minerva Mills v. Union of India,(1980) 3 Constitution of Nepal SCC 625 Reference Materials x Decision in writ petition by Achyut Prasad x D.D. Basu, Comparative Constitutional Kharel (first and third amendment thereof) Law. Nagpur: Lexis Nexis, Butterworths x Decision in writ petition by Bijaya Raj Wadhwa, 2010. Shakhya, NKP 2067 vol. 9 Decision No: x Surya Prasad Dhungel et al., Commentary 8457 on Nepalese Constitution, Delf, x Decision in writ petition by Subodhman Kathmandu, 1998. Napit, NKP 2067 vol. 6, Decision N0. x Bharat Raj Uprety and others (ed), 8385 Constitutional Law of Nepal. Freedeal, x Decision in writ petition by Balkrishna Kathmandu, 1997. Neupane x Constituent Assembly, Concept Note and x Decision in writ petition by Bharatmani Report Regarding Preliminary Draft of Jangam, NKP 2066 Page 562 Constitutional Committee, 2066 Session 31 Constitutional Court and Constitutional Bench

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

31 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Constitutional Bench Part, Decision No. Constitutional Bench Part, Decision No. 0003 0004 x Decision on writ petititon by Madhav Kumar Basnet, NKP 2075 vol. 1 Session 32 Execution of Order of Supreme Court and its Impacts

Objective of the Session: x A Study of Laws Declared null and Void At the end of this session, participants: by the Supreme Court, Ministry of Law, x Will be aware about the implementation of Justice and Parliamentary Affairs important order of the Supreme Court and x Investigative Study relating to Status of its impacts. Implementation of Directive Orders issued Subjects Included in the Unit: by the Supreme Court, National Judicial x Impact on law making Academy, Nepal x Protection of individual freedom x Decision on writ petition Meera Dhungana x Execution of Fundamental Right v. Prime Minister and Council of x Socio-economic Transformation Ministers et al x Transitional Justice x Decision on the writ petition by Rajendra x Establishment of Rule of Law Prasad Dhakal NKP 2064 vol. 2 Decision x Attempt to keep within constitutional No. 7817 limits x Report Regarding Implementation of x Directives to execute law. Decisions of Supreme Court published by Reference Materials: Office of Prime Minister and Council of Ministers Session 33 Independence of Judiciary

Objective of the Session: x Practices of other States to maintain At the end of this session participants; judicial independence x Will be acquainted with the principles of x Provisions of the Constitution of Nepal independence of Judiciary, provision made regarding independence of judiciary by Constitution of Nepal and Judicial x Code of conduct of Judges Practices. x Independence of Judiciary and Subject Included in the Unit: responsibility of Government Attorney x Basic Principles of Independence of x Court Perspective Judiciary Reference MaterialsM x Norms and Values of Independent x M. P. Singh, SECURING THE Judiciary INDEPENDENCE OF THE x Pre-condition and elements of JUDICIARY-THEINDIAN independent judiciary EXPERIENCE x Contempt of Court and Judicial Independence

32 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Bhimarjun Acharya, Comparative Systems x Constituent Assembly, Report of the of Judicial Review, AK Books Committee on Judicial System, 2066 Publication, 2012. x Rajiv Parajuli v. Royal Commissiion for x Basic Principles of Independence of Corruption Control, SC Bulletin Special Judiciary, 1985. Issue 2062 Page 47 x Sylvia Snowiss, Judical Review and the x Sarbhagya Ratna Tuladhar v. National Law of the Constitution. Yale University Panchayat, NKP 2035, Decision No 1197 Press, 1996. x Tirtha Koirala v. Ministry of General x International Principles on the Administration et al, NKP 2052 Golden Independence and Accountability of Jubilee Birth Anniversary Special Issue Judges, Lawyers and Prosecutors 192 x Advocate on Record v. UoI, (1993) 4 SCC x Decision in writ petition by Madhav 441 Kumar Basnet, NKP 2067 vol. 4, Decision x Kashiraj Dahal, Constitutional Democracy: No. 8667 Constitution Making, Practice and x Amber Bahadur Raut v. Home Ministry et Experience al, NKP 2068, vol. 7 Decision No. 8642 x Bangalore Principles on Code of Conduct x Supreme Court v. Jana Aastha Saptahik, of Judges, 2002 NKP 2070 vol. 11, Decision No. 9080 x Code of conduct of Judges x Rajib Bastola v. Office of Prime Minister x Dr. Ananda Mohan Bhattarai, Judicial and Council of Ministers et al, NKP 2063 Conduct and Code of Conduct of Judges, vol. 6, Decision No 7709 National Judicial Academy, 2070 Session 34 Nepalese Constitutional Jurisprudence

Objective of the Session: x Events of constitutional deviation and At the end of this session, participants: respective orders of the Supreme Court x Will be able to analyze the chronological development of Constitutional and Reference Materials: Constitutional Jurisprudence of Nepa x S.K. Chaturvedi, Nepal: Internal Politics x Will be able to analyze the role of and Its Constitutions, Inter-India judiciary in Constitutional development of Publications, 1992. Nepal x Ram Kumar Dahal, Constitutional and Subjects Included in the Unit: Political Developments in Nepal, Ratna x Era of Pradhan Nyayalay Pustak Bhandar, 2001. x Constitutional interpretation by judiciary x Surya Dhungel and others, Commentary during Panchayat System on the Nepalese Constitution, DeLF, x Period of Parliamentary Reign 1998. x Constitutional Provision of Transition x Surendra Bhandari, Court, Constitution x Constitutional Transformation and Global Policy, x Constitutional interpretation in federal x Narendra Prasd Pathak, Supreme Court in system of governance Constitutional Disputes Part 1, 2, 3, 4

33 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Mukunda Regmi, Interpretive x Rajib Parajuli v Royal Commission for Commentary of the Constitution of the Corruption Control, Supreme Court Kingdom of Nepal (Part 1 and 2) Bulletin Special Issue 2062 Page 48 x Top Bahadur Singh, Nepalese x Puspa Kamla Dahal v. Constitutional Constitutional History Coucil et al, NKP 2068 Decision No 8406 x Yagyamurti Banjade v. Durga das x Rajendra Prasad Dhakal v. Office of Prime Shrestha, NKP 2027 vol. 1, Decision N0. Minister and Council of Ministers et al, 547 NKP 2064 vol 2 Decision No 7817 x Sarbagya Ratna Tuladhar v. National x Chandra Kant Gyawali v. Head of Council Panchayat, NKP 2035 decision No 1197 of Ministers et al, NKP 2075 x Anar Singh Karki v. Bagmati Special Constitutional Bench Part, vol 1 Decision Court of the year 2042 (Regarding no 0007 Retrospective effect) Session 35 Provision Regarding Case Withdrawal and Exemption

Objective of the session: x Judicial perspective on case withdrawal At the end of this session, participants: and exemptions x Will be able to discuss the concept of case Reference Materials: withdrawal and provision regarding x Directives regarding case withdrawal and exemption and judicial perspectives on exemption such issues. x Dibi Lama Case, NKP 2051 vol 7 Subjects Included in the Unit: Decision No 4940 x Conditions for withdrawing Criminal x Writ of Gopi Bahadur Bhandari, NKP cases 2069 vol 1 Decision No 8789 x Constitutional and Legal provisions x Writ of Sabitri Shrestha, NKP 2075, regarding case withdrawal Constitutional Bench Part, vol 1 Decision x Conditions for decreasing or exempting No 0002 from punishment x Writ of Prakash Mani Sharma, NKP 2075, x Constitutional and Legal provisions Constitutional Bench Part, vol 1 Decision regarding exemption from punishment No 0003 x Comparative study of case withdrawal and x Writ of Madhav Kumar Basnet, NKP 2075, exemption of foreign countries (India, Constitutional Bench Part, vol 1 Decision USA and UK) No 0004 Session 36 Provision regarding Attorney General

Objective of the Session: x Constitutional obligation of Chief At the end of this session, participants will be Attorney and their interrelation with able to discuss about: Attorney General x Constitutional provisions regarding Subjects Included in the Unit: constitutional obligation of Attorney x Constitutional Obligation of Attorney General and judicial practices. General as: a) Chief Legal Advisor of Government

34 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

b) Chief Prosecutor x Suntali Dhami v. District Government c) Monitor of Human Rights Attorney Office Achham et al, NKP 2068 d) Regulator towards Law Practioner vol 1, Decision No 8541 e) Guardian of Victims x Narayan Singh Rajput v. Office of x Interrelation between Chief Attorney and Attorney General et al, NKP 2070 vol 1 Attorney General Decision No 8949 x Other responsibility of the Attorney x Constituent Assembly, Report of Judicial General System Committee, 2066 Reference Materials: x Research Report on Structure and x Badri Bahadur Karki v. CIAA, NKP 2058 Function of Attorney General in Federal vol 5 and 6, Decision No 7001 System of Governance, Office of the x Narendra Bahadr Chand v. CIAA, Attorney General Supreme Court Bulletin 2058 Decision Date: 2059/2/13 Session 37 Political Parties and dispute regarding parties

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

35 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 38 Constitutionalization of International Law

Objective of the Session: x Pravakar Adhikari, An Overview of At the end of this session, participants: Constitutional and Legal Provision of x Will be introduced with constitutional Nepal concerning Internationalization of provision regarding treaty, its ratification International Law, Nepal Law Review vol and judicial practice regarding treaties and 21, 2009 able to implement them during x Constituent Assembly, Report of performance of designated work. Constitutional Council, 2066 Subjects Included in the Unit: x Tanakpur Case, Bal Krishna Neupane, x Constitutional provision of Nepal Supreme Court Bulletin 2049 year 1 vol x Rights of bilateral and multilateral treaty 11 x Procedures of treaty ratification x Order issued in writ petition of Gyanraj x Constitutional provision of foreign Rai, 2057, Writ No 2651, Decision Date countries regarding ratification of treaties 2058/15/8 (India and USA) x Dinesh Kumar Sharma, NKP 2063 vol. 9 x Rights to conclude treaties and contracts Decision No 7757 in federal system x Arun Kumar Chaudary v. Office of x Disputes which may arise in treaty Council of Ministers et al, NKP 2064 vol. ratification 9 Decision No 7803 x Provisions of treaty and judicial review of x Jyoti Paudel v. Office of Prime Minister domestic laws and Council of Ministers, Supreme Court x Judicial Perspective Bulletin 2066, Full Volume, 423 Decision Reference Materials: No 8282. x J.C. Johary, Comparative Politics. Sterling x Bal Krishna Neupane v. Office of Prime Publishing, New Delhi, 1980. Minister and Council of Ministers et.al., x C.F. Strong, Modern Political NKP 2054, Vol. 1 Decision No 6313 Constitutions. ELBS, London, 1975. Session 39 Constitutional Council and Parliamentary Hearing

Objective of the Session: x Practice of Parliamentary Hearing in At the end of this session, participants: foreign countries (including USA) x Will be introduced with constitutional x Constitutional and legal provisions of provisions regarding Constitutional Nepal Council and Parliamentary Hearing, its x Remarkable issues regarding practice of relevancy and judicial practices and able parliamentary hearing to implement them during performance of x Practice, reason and relevance of designated work. Parliamentary Hearing Subjects Included in the Unit: x Judicial Perspective x Concept of Constitutional Council x Importance of Parliamentary Hearing

36 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Reference Materials: x Subodh Man Napit v. Office of Prime x Surya Prasad Dhungel et al., Commentary Minister and Council of Ministers, NKP on Nepalese Constitution, Delf, 2067, Decision No 8385 Kathmandu, 1998. x Yubraj Karki v. Office of Prime Minister x Constituent Assembly, Report of and Council of Ministers et al, 2073 Writ Constitutional Committee, 2066 No 073- WO-0111, 073-WO-0139 x Puspa Kamal Dahal v. Constitutional Council et al, NKP 2068 Decision No 8406 Session 40 Constitution Making Process

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

37 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

38 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

2. Tax and Revenue Law

39 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

40 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 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

41 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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

Session 2 Non-tax Revenue Administration and Operation

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

42 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 3 Legal Provision on Revenue Administration – 1

Objective of the Session: Reference Materials: At the end of this session, participants: x Constitution of Nepal x shall be acquainted with constitutional and x Income tax act, 2058 legal provision on revenue administration, x Tax Law Design and drafting, editor- tax related law making process and tax to Victor Thrurohji, published by be levied by the federal, state and local International Monetary Fund level x Tax Laws and Tax planning in Nepal - Dr. Subjects Included in the Unit: Pushpa Raj Kandel, Published/ x Constitutional and legal provision on Distributed by Buddha Academic Revenue administration Publishers and Distributors Pvt Ltd, 2003 x Tax related law making process x Principles of Taxation Law, Pawan Kumar x Fiscal management of federal, state and Ojha, Pairavi Publication, 2053 local level Session 4 Legal Provision on Revenue Administration – 2

Objective of the Session: x Income Tax Act, 2058 At the end of this session, participants: x Inter-governmental Fiscal Management x Shall be acquainted about the role of the Act, 2074 National Natural Resources Commission, x Tax Law Design and drafting, editor- Inter-governmental fiscal management Victor Thrurohji, published by and construction of the tax laws. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Provision of National Natural Resources Pushpa Raj Kandel, Published/ and Fiscal Commission Distributed by Buddha Academic x Inter-governmental fiscal management Publishers and Distributors Pvt. Ltd., 2003 x Construction of tax laws x Principles of Taxation Law, Pawan Kumar Reference Materials: Ojha, Pairavi Publication, 2053 x Constitution of Nepal Session 5 Provision on Nepalese Tax Administration

Objective of the Session: x Principles of taxation At the end of this session, participants: x Theoretical aspects and Features of ideal x Shall be acquainted with concept of tax tax and revenue administration, and x Constitutional and legal provision of theoretical and legal aspects of tax. revenue administration Subjects Included in the Unit: x Central, province and local level fiscal x Definition and objective of tax management x Types of tax

43 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Reference Materials: Distributed by Buddha Academic x Income Tax Act, 2058 Publishers and Distributors Pvt Ltd, 2003 x Income Tax Regulation, 2059 x Corporate Taxation Issues in Nepalese x Income Tax Directives, 2066 Perspective- Dr. Puspa Kandel, Bhawana x Tax Law Design and drafting, editor- Prakasan, 2001 Victor Thrurohji, published by x Principles of Taxation Law, Pawan Kumar International Monetary Fund Ojha, Pairavi Publication, 2053 x Tax Laws and Tax planning in Nepal - Dr. Pushpa Raj Kandel, Published/ Session 6 Grounds for taxation and its calculation

Objective of the Session: x Income Tax Regulation, 2059 At the end of this session, participants: x Income Tax Directives, 2066 x Shall be acquainted with concept and legal x Tax Law Design and drafting, editor- provisions on grounds for taxation, person Victor Thrurohji, published by liable to pay tax, taxable income. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Grounds for taxation and tax payable by Pushpa Raj Kandel,Published/ Distributed person by Buddha Academic Publishers and x Heads of Tax Distributors Pvt Ltd, 2003 x Assessed Income x Corporate Taxation Issues in Nepalese x Taxable income Perspective- Dr. Puspa Kandel, Bhawana x Amount to be included in the income Prakasan, 2001 (Heading basis) x Principles of Taxation Law, Pawan Kumar Reference Materials: Ojha, Pairavi Publication, 2053 x Income Tax Act, 2058 Session 7 Provisions relating to tax exemption

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

44 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 8 Quantification, Allocation and Characterization of Amount

Objective of the Session: x Income Tax Regulation, 2059 At the end of this session, participants: x Income Tax Directives, 2066 x Will be acquainted with the tax payment x Tax Law Design and drafting, editor- provision and evaluation of transferred Victor Thrurohji, published by property. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Market value determination of transferred Pushpa Raj Kandel,Published/ Distributed property by Buddha Academic Publishers and x Conditions deemed for the payment Distributors Pvt Ltd, 2003 x Indirect payment x Corporate Taxation Issues in Nepalese x Joint investment Perspective- Dr. Puspa Kandel, Bhawana x Division of Income from Price Prakasan, 2001 Transferring between concerned persons x Principles of Taxation Law, Pawan Kumar Reference Materials: Ojha, Pairavi Publication, 2053 x Income Tax Act, 2058 Session 9 International taxation system and adjustment foreign tax

Objective of the Session: x Income Tax Directives, 2066 At the end of this session, participants: x Tax Law Design and drafting, editor- x Will be acquainted with provision related Victor Thrurohji, published by to taxable and exemption of international International Monetary Fund tax x Tax Laws and Tax planning in Nepal - Dr. Subjects Included in the Unit: Pushpa Raj Kandel,Published/ Distributed x International Taxation by Buddha Academic Publishers and x Double tax avoidance agreement Distributors Pvt Ltd, 2003 x Double tax adjustment provision x Corporate Taxation Issues in Nepalese x Double Tax Avoidance Agreements to Perspective- Dr. Puspa Kandel, Bhawana which Nepal is party Prakasan, 2001 Reference Materials: x Principles of Taxation Law, Pawan Kumar x Income Tax Act, 2058 Ojha, Pairavi Publication, 2053 x Income Tax Regulation, 2059 Session 10 Tax planning and fraud

Objective of the Session: x Will be acquainted with the concept of tax At the end of this session, participants: leakage and tax planning in accordance with legal provisions

45 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Tax planning Pushpa Raj Kandel,Published/ Distributed x Feature of tax planning by Buddha Academic Publishers and x Tax evasion and fraud Distributors Pvt Ltd, 2003 x Tax avoidance x Corporate Taxation Issues in Nepalese Reference Materials: Perspective- Dr. Puspa Kandel, Bhawana x Income Tax Act, 2058 Prakasan, 2001 x Income Tax Regulation, 2059 x Principles of Taxation Law, Pawan Kumar x Income Tax Directives, 2066 Ojha, Pairavi Publication, 2053 x Tax Law Design and drafting, editor- Victor Thrurohji, published by International Monetary Fund

Session 11 Long-Term contract and income calculation

Objective of the Session: x Tax Law Design and drafting, editor- At the end of this session, participants: Victor Thrurohji, published by x Will be acquainted with tax calculation International Monetary Fund procedures for the contract concluded for x Tax Laws and Tax planning in Nepal - Dr. more than a year. Pushpa Raj Kandel, Published/ Subjects Included in the Unit: Distributed by Buddha Academic x Concept of contract Publishers and Distributors Pvt Ltd, 2003 x Long-term contract x Corporate Taxation Issues in Nepalese x Income calculation Perspective- Dr. Puspa Kandel, Bhawana Reference Materials: Prakasan, 2001 x Income Tax Act, 2058 x Principles of Taxation Law, Pawan Kumar x Income Tax Regulation, 2059 Ojha, Pairavi Publication, 2053 x Income Tax Directives, 2066 Session 12 Tax accounting and tax auditing

Objective of the Session: x Income Tax Regulation, 2059 At the end of this session, participants: x Income Tax Directives, 2066 x Will be acquainted with the ways to x Tax Law Design and drafting, editor- record the income and expenditure Victor Thrurohji, published by Subjects Included in the Unit: International Monetary Fund x Cash Account x Tax Laws and Tax planning in Nepal - Dr. x Accrual Account Pushpa Raj Kandel,Published/ Distributed x Mixed Accounting system by Buddha Academic Publishers and x Balance sheet and profit and loss account Distributors Pvt Ltd, 2003 Reference Materials: x Income Tax Act, 2058

46 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Corporate Taxation Issues in Nepalese x Principles of Taxation Law, Pawan Kumar Perspective- Dr. Puspa Kandel, Bhawana Ojha, Pairavi Publication, 2053 Prakasan, 2001 Session 13 Special Provision relating to Natural Person and Entities

Objective of the Session: x Income Tax Regulation, 2059 At the end of this session, participants: x Income Tax Directives, 2066 x Will be familiar with special provision x Tax Law Design and drafting, editor- relating to natural person, entities, banking Victor Thrurohji , published by and insurance enterprises and retirement International Monetary Fund saving fund. x Tax Laws and Tax planning in Nepal - Dr. Subjects Included in the Unit: Pushpa Raj Kandel, Published/ x Natural Person Distributed by Buddha Academic x Entities Publishers and Distributors Pvt Ltd, 2003 x Banking and Insurance Business x Corporate Taxation Issues in Nepalese x Retirement Fund Perspective- Dr. Puspa Kandel, Bhawana x Retirement Benefits Prakasan, 2001 Reference Materials: x Principles of Taxation Law, Pawan Kumar x Income Tax Act, 2058 Ojha, Pairavi Publication, 2053 Session: 14 Assessment of Net Profit from Property and Liability Objective of the Session: x Income Tax Regulation, 2059 At the end of this session, participants: x Income Tax Directives, 2066 x Will be familiar with special provision x Tax Law Design and drafting, editor- relating to assessment of net profit from Victor Thrurohji , published by property and liability. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Profits, expenses and loss from the Pushpa Raj Kandel,Published/ Distributed property and liability by Buddha Academic Publishers and x Disposal of property and liability Distributors Pvt Ltd, 2003 x Involuntary disposal of property or x Corporate Taxation Issues in Nepalese liability with substitution Perspective- Dr. Puspa Kandel, Bhawana x Disposal upon amalgamation of property Prakasan, 2001 Reference Materials: x Principles of Taxation Law, Pawan Kumar x Income Tax Act, 2058 Ojha, Pairavi Publication, 2053 Session 15 Tax assessment and collection

Objective of the Session: x Will be familiar about the process of tax At the end of this session, participants: return, tax assessment and recovery of the tax.

47 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subjects Included in the Unit: x Tax Law Design and drafting, editor- x Income tax return Victor Thrurohji , published by x Tax payment International Monetary Fund x Tax assessment x Tax Laws and Tax planning in Nepal - Dr. x Advance tax and Installment Pushpa Raj Kandel,Published/ Distributed x Tax adjustment and refund by Buddha Academic Publishers and x Dues, Interest and Fine Distributors Pvt Ltd, 2003 x Arrear of tax and Recovery x Corporate Taxation Issues in Nepalese Reference Materials: Perspective- Dr. Puspa Kandel, Bhawana x Income Tax Act, 2058 Prakasan, 2001 x Income Tax Regulation, 2059 x Principles of Taxation Law, Pawan Kumar x Income Tax Directives,2066 Ojha, Pairavi Publication, 2053 Session 16 Capital Gain Tax

Objective of the Session: x Income Tax Directives,2066 At the end of this session, participants: x Tax Law Design and drafting, editor- x Will be familiar with the national and Victor Thrurohji , published by international provisions relating to capital International Monetary Fund gain tax. x Tax Laws and Tax planning in Nepal - Dr. Subjects Included in the Unit: Pushpa Raj Kandel,Published/ Distributed x Concept and definition of capital gain tax by Buddha Academic Publishers and x National and international practices of Distributors Pvt Ltd, 2003 capital gain tax x Corporate Taxation Issues in Nepalese x Prevailing legal provision of capital gain Perspective- Dr. Puspa Kandel, Bhawana tax Prakasan, 2001 Reference Materials: x Principles of Taxation Law, Pawan Kumar x Income Tax Act, 2058 Ojha, Pairavi Publication, 2053 x Income Tax Regulation, 2059 Session 17 Inter-relation between Income Tax Act and other Acts

Objective of the Session: x Special Acts ( Industrial Enterprise Act, At the end of this session, participants: Bonus Act, Labour Act, Electricity Act x Will be familiar about process of and other Acts) coordination for tax exemption x Interpretation rules of taxation laws provisioned by the Income Tax Act and Reference Materials: other Acts. x Income Tax Act, 2058 Subjects Included in the Unit: x Income Tax Regulation, 2059 x Income Tax Act x Income Tax Directive, 2066 x Finance Act x Tax Law Design and drafting, editor- x Periodic Tax Recovery Act Victor Thrurohji, published by International Monetary Fund

48 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Tax Laws and Tax planning in Nepal - Dr. x Principles of Taxation Law, Pawan Kumar Pushpa Raj Kandel, Published/ Ojha, Pairavi Publication, 2053 Distributed by Buddha Academic x Income Tax law, Past and Present, Publishers and Distributors Pvt Ltd, 2003 Bishwodeep Adhikari x Corporate Taxation Issues in Nepalese Perspective- Dr. Puspa Kandel, Bhawana Prakasan, 2001 Session 18 Provision regarding the appeal over the assessment of income tax and related principles propounded by the Supreme Court

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

Session 19 Concept and Principle of Value Added Tax, and Provision related to Transaction and Rate

Objective of the Session: x Double taxation system At the end of this session, participants: Reference Materials: x Will be familiar about the concept of VAT, x Income Tax Act, 2058 cancellation of registration, tax levying x Income Tax Regulation, 2059 and exemption conditions, and transaction x Income Tax Directive, 2066 and rate system x In Introduction to Value Added Tax- Subjects Included in the Unit: Shambhu Man Shrestha Published By x Concept and definition Himalay Book Stall,2062 x Registration and Cancellation x Corporate Taxation Issues in Nepalese x Conditions of tax levying and exemption Perspective- Dr. Puspa Kandel, Bhawana in VAT Prakasan, 2001 x Transaction venue and import

49 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Tolley’s Value Added Tax 1995-96, by x Principles of Taxation Law, Pawan Kumar Robert Warren and Ncholas Bowen Ojha, Pairavi Publication, 2053 Barriister, Tolley Publishing Company x Performance of Value Added Tax in Nepal, Limited Subedi, Shantaraj, Published by Jamuna Subba Session 20 VAT details, payment and tax deduction

Objective of the Session: x In Introduction to Value Added Tax- At the end of this session, participants: Shambhu Man Shrestha Published By x Will be familiar about the provision Himalaya Book Stall,2062 relating to tax details and payment, and x Corporate Taxation Issues in Nepalese tax exemption. Perspective- Dr. Puspa Kandel, Bhawana Subjects Included in the Unit: Prakasan, 2001 x Tax Details x Tolley's Value Added Tax 1995-96, by x Tax payment Robert Warren and Ncholas Bowen x Tax Exemption and Tax Adjustment Barriister, Tolley Publishing Company x Partial Tax Exemption Limited x Proportional Tax Exemption x Principles of Taxation Law, Pawan Kumar x Condition where tax can’t be exempted Ojha, Pairavi Publication, 2053 Reference Materials: x Performance of Value Added Tax in Nepal, x Value Added Tax Act, 2052 Subedi, Shantaraj, Published by Jamuna x Value added Tax Regulation, 2053 Subba x Value Added Tax Directives, 2069 Session 21 Refund of Value Added Tax

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

50 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 22 Audit and Assessment of Value Added Tax

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

Session 23 Bill and Receipt, Debit/Credit Note, Purchase Book, Sales Book, Stock Book and Tax Recovery

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

51 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 24 Provision relating to appeal over Value Added Tax assessment and Principles propounded by Supreme Court

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

Session 25 Custom Amount Assessment and Recovery

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

Session 26 Object Classification System (Harmonized System)

Objective of the Session: maintaining code number under the At the end of this session, participants: harmonized system. x Will be acquainted with the provisions Subjects Included in the Unit: relating to title of object, sub-title and x Concept

52 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Title, Sub-title x Tax Laws and Tax planning in Nepal - Dr. x Object classification system Pushpa Raj Kandel,Published/ Distributed x Rule of Interpretation and grounds for by Buddha Academic Publishers and amendment Distributors Pvt Ltd, 2003 Reference Materials: x Corporate Taxation Issues in Nepalese x Custom Act, 2064 Perspective- Dr. Puspa Kandel, Bhawana x Tax Law Design and drafting, editor- Prakasan, 2001 Victor Thrurohji , published by x Principles of Taxation Law, Pawan Kumar International Monetary Fund Ojha, Pairavi Publication, 2053

Session 27 Customs Clearance Process and ASYCUDA

Objective of the Session: Reference Materials: At the end of this session, participants: x Customs Act, 2064 x Will be acquainted with the provisions x Tax Law Design and drafting, editor- relating to customs clearance procedure Victor Thrurohji , published by and ASYCUDA. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Rule of Origin and World Customs Pushpa Raj Kandel,Published/ Distributed Organization by Buddha Academic Publishers and x National Treatment Distributors Pvt. Ltd, 2003 x ASYCUDA WORLD x Corporate Taxation Issues in Nepalese x Electronic payment Perspective- Dr. Puspa Kandel, Bhawana x Bar code Prakasan, 2001 x Single Entry system x Principles of Taxation Law, Pawan Kumar Ojha, Pairavi Publication, 2053 Session 28 Declaration of Goods and Customs Clearance

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

53 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 29 Customs Tariff Determination, Provision of appeal over decision of customs and Principles propounded by the Supreme Court

Objective of the Session: x Condition where application is entertained At the end of this session, participants: by Supreme Court x Will be acquainted with the provision x Provision regarding the defense on relating to Customs Tariff Determination, application and appeal Provision of appeal over decision of x The principles propounded by Supreme customs' office and Principles propounded Court, at least five cases, relating to by the Supreme Court. determination of custom tariff and Subjects Included in the Unit: customs. x Provision of application over customs Reference Materials: tariff determination x Customs Act, 2064 x Appeal over decision of Custom x At least five cases where Supreme Court Evaluation Committee propounded principles related to x Appeal over decision relating to other determination of custom value and customs decision regarding customs x Provision relating to bailment in regard to review and appeal Session: 30 Excise Duty, License, Physical Control and Self Disposal System

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

54 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 31 Excise Duty Determination and Remission of Shortfall and Loss

Objective of the Session: x Excise Duty, Regulation, 2059 At the end of this session, participants: x Excise Duty Directives, 2073 x Will be acquainted with payment of x Tax Law Design and drafting, editor- determined excise duty and remission for Victor Thrurohji , published by shortfall and loss. International Monetary Fund Subjects Included in the Unit: x Tax Laws and Tax planning in Nepal - Dr. x Excise Duty details and payment Pushpa Raj Kandel,Published/ Distributed x Excise Duty determination and Recovery by Buddha Academic Publishers and x Excise Duty sticker Distributors Pvt Ltd, 2003 x Shortfall and its impacts on Income Tax x Corporate Taxation Issues in Nepalese and VAT Perspective- Dr. Puspa Kandel, Bhawana x Remission of Loss Prakasan, 2001 Reference Materials: x Principles of Taxation Law, Pawan Kumar x Excise Duty Act, 2058 Ojha, Pairavi Publication, 2053 Session 32 Principles Propounded by Supreme Court in relation to Excise Duty

Objective of the Session: x Provision regarding the defense of At the end of this session, participants: application and appeal x Will be acquainted with the provisions x The principles propounded by Supreme related to the appeal over the Court, at least five cases, related to Excise determination of excise duty, and analysis Duty. and interpretation of the Supreme Court in Reference Materials: regard to excise duty. x Constitution of Nepal Subjects Included in the Unit: x Excise Duty Act, 2058 x Administrative review over Excise Duty x Excise Duty, Regulation, 2059 Determination x Excise Duty Directives, 2073 x Appeal over administrative review x At least five cases in which Supreme x Provision relating to Bailment during Court propounded principles related to appeal and review Excise Duty. x Condition where application is entertained by Supreme Court Session 33 Revenue Leakage Control and Provision of Foreign Exchange Control

Objective of the Session: x Provision related to investigation, At the end of this session, participants: prosecution, and defense of revenue x Will be acquainted with the provision leakage related to revenue leakage control and x Foreign exchange offence foreign exchange control. x Provision related to investigation, Subjects Included in the Unit: prosecution and defense of foreign x Revenue leakage offence exchange offence

55 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Reference Materials: Distributed by Buddha Academic x Revenue Leakage (Investigation and Publishers and Distributors Pvt Ltd, 2003 Control) Act, 2052 x Corporate Taxation Issues in Nepalese x Tax Law Design and drafting, editor- Perspective- Dr. Puspa Kandel, Bhawana Victor Thrurohji, published by Prakasan, 2001 International Monetary Fund x Principles of Taxation Law, Pawan Kumar x Tax Laws and Tax planning in Nepal - Dr. Ojha, Pairavi Publication, 2053 Pushpa Raj Kandel, Published/

56 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

3. Laws relating to Banking and Commercial Offence

57 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

58 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 3. Laws relating to Banking and Commercial Offence

Curriculum Goal: x To prepare specialized government attorneys in the field of banking offences. x 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

59 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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: x Legal and prohibited activities of Bank At the end of the course, participants will be; and Financial Institutions, x Introduced about Banking and Financial x Relationship between Nepal Rastra Bank Institutions, and Banking and Financial Institutions, x Familiar about Basic norms and practices x Challenges of Banking and Financial of Banking Systems. Institutions, Subjects included in this Unit x Court Practices. x Meaning and definition of Bank, Reference Materials:

x Development of Banking System, x Tannan, M.L. 27th edition, Banking Law x Basic norms and practice of Banking and Practice in India. System, x M.L., Tannan, 27th edition, Banking law x Types of Banks, and Practice in India

x Introduction of Bank and Financial x Nepal Rastra Bank Act, 2058 Systems, x Banking and Financial Institutions Act, x Right, duties and functions of Bank and 2073 Financial Institutions, x Nepal Rastra Bank Directives x Gupta, S.N., The Banking Law in Theory and Practice

60 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x E.P. Ellinger,…., Ellinger's Modern x Hriday Bir Singh, Banking & Insurance Banking law 4th Edition. 1st Edition x Cranston Ross, Principles of Banking law. x Choudhary R.N. Banking laws.

Session 2 Banking and Financial institution and its managerial aspects

Objective of the Session: x Theoretical study of Merge and to be At the end of the course, participants will be; merged x Acquainted with merger of banks, x Dissolution and termination of Banking dissolution and termination, shareholders, and Financial Institutions, Board, employee and policy level, x Court Practices. depositors, debtors and valuators; and Reference Materials: service providers in Banking Systems. x Mark Hop good QC, Paget's Law of Subjects included in this Unit Banking 13th edition, x Creditors x Modern Banking System of Nepal, x Shareholders Yogendra Regmi x Board Members (Existing and Invited) x Companies Act ,2058 x Managerial level (Executive and working x Nepal Rastra Bank Act, 2058 level employees) x Directives of Nepal Rastra Bank, x Depositors x Banking and Financial Institutions Act, x Debtors 2073 x Stakeholders x Banking Offense and Punishment x Responsibilities of authorities involved in Act,2064. Banking and Financial Institutions Session 3 Introduction of Banking Offense

Objective of the Session: x Impact of Banking offences in Banking At the end of the course, participants will be; and Financial Institutions x Introduced about Banking Offence and its x Important provisions of Banking Offence nature and Punishment Act, 2064 x Aware about the impact of such offences x Court Practices. in Banking and Financial Institutions Reference Materials: Subjects included in this Unit x National Criminal Code, 2074 x Definition and meaning of Banking x National Civil Code, 2074 Offense x Banking Offense and Punishment Act, x Presence of Actus reus and Mens rea in 2064 Banking Offence and its role. x Hope Good QC, Mark, Paget's Law of x Nature of Banking Offence Banking, Londn, Edinburgh and Dublin: x Types of Banking Offence Butterworths, 1996

61 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Nepal Rastra Bank, Bank Supervision x Nepal Rastra Bank, Bank Supervision Department Baluwatar V. Rubi Joshi et.al, Department Baluwatar V. Indraraj Case: Banking Offence, N.K.P 2073, Humagain et.al Joshi, Case: Banking Volume 5, D.N.9608 Offence, N.K.P 2073, Volume 7, D.N.9645 Session 4 Areas and Limitation of Banking Offense Objective of the Session: x Court Practices. At the end of the course, participants will; Reference Materials: x Get the knowledge about investigation, x Judicial Administration Act, 2073 prosecution and jurisdiction of case x High Court Regulation, 2073 procedures of Banking Offense, and x Nepal Rastra Bank Act, 2058 jurisdiction of various judicial institutions x Banking Offense and Punishment Act, dealing with Banking Offences. 2064 Subjects included in this Unit x Banking and Financial Institutions Act, x Scope of Banking Offense 2073

x Jurisdiction of Banking Offence x N.K.P 2067, Volume 1, D.N.8302, Nepal x Banking Offence and Jurisdiction of Government V. Dipak Basyal et.al ,Case: Nepal Rastra Bank Fraud

x Banking Offence and Jurisdiction of Debt x N.K.P 2067, Volume 2, D.N.8321, Nepal Recovery Tribunal Government V. Madan Sharma, Case: x Banking Offence and Jurisdiction of High Fraud Court (Commercial Bench) Session 5 Banking System and Criminal Liability Objective of the Session: x Court Practices. At the end of the course, participants will; Reference Materials: x Aware about liabilities and criminal x Mark Hop good QC, Paget's Law of liabilities in Banking and Financial Banking 13th edition, Institutions and departmental action and x Act Relating to Institutions Acting as disciplinary action of it. Financial Intermediary, 2055 (1999) Subjects included in this Unit x Foreign Exchange Act,2019

x Meaning and concept of Liability x Nepal Rastra Bank Act, 2058

x Issues of Criminal Liabilities x Directives of Nepal Rastra Bank

x Issues of Civil Liabilities x Prevention of Corruption Act, 2059

x Responsibilities of Banking and Financial x Banking and Financial Institutions Act, Institutions for Civil and Criminal 2073 Liabilities x The Electronic Transaction Act, 2063

x Departmental and Disciplinary action x Assest (Money) Laundering Prevention x Principle Double jeopardy relating to Act, 2064 Departmental action upon and criminal x Prevention of Organized Crime Act,2070 liability x National Criminal Code, 2074 x Corporate Good Governance

62 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x N.K.P 2069, Volume 4, D.N.8814, x N.K.P 2067, Volume 7, D.N.8409, Nepal Kashiram Gurung V. Prime Minister and Government V. Gyanendra Bista, Case: Council of Ministers ,Case: Fraud Fraud Session 6 Investigation of cases relating to Banking offences

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

Session 7 Prosecution of cases relating to Banking Offenses Objective of the Session: x Provision regarding prosecution of cases At the end of the course, participants will be; of Banking Offense, x Aware about provisions related to x Degree of offence of each individual prosecution in case of banking offence, involved, legal and practical aspects to be applied x Provision relating to Claim and its usage, while prosecution; problems, and x Legal and practical aspects to be challenges regarding prosecution of concerned during prosecution of Banking Banking Offence and its solution. Offences, Subjects included in this Unit x Provisions regarding witness evidence and x Provision for establishment of events and its presentation, limitation in cases of Banking Offense, x Provisions regarding crime ratio and punishment of Banking Offences,

63 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Condition of institutional support and co- x Banking and Financial Institutions Act, ordination during prosecution and 2073 expectation, x Program on Recovery of Debts of BFI Act, x Problems and Challenges of prosecution 2058 and Regulation, 2051 and its solutions, x National Civil Code,2074, provisions x Court Practices. relating to Contract Reference Materials: x Evidence Act, 2031 x Banking Offense and Punishment Act , x Power delegated by Attorney General 2064 x National Criminal Code, 2074 x Nepal Rastra Bank Act, 2058 x Crime Investigation Regulation, 2075.

Session 8 Provision of amount value and fine relating to Banking Offenses and recovery

Objective of the Session: x Banking Offence and Debt Recovery At the end of the course, participants will be; x Court Practices. x Aware about provisions related to amount Reference Materials: value determination, amount recovery and x Banking Offense and Punishment Act , fine; and informed about procedure of 2064 criminal litigation. x National Civil Code,2074, provisions Subjects included in this Unit: relating to Contract x Determination of amount value in x Nepal Government V. Indra Bahadur Banking Offences Nepali, Case: Banking Offence, N.K.P x Withhold the Property 2069, Volume 5, D.N.8826 x Provisions regarding fine recovery x Dayaprasad Ghimire V. Nepal x Amount Value confiscation Government, Case: Fraud, N.K.P 2072, x Amount Value recovery Volume 1, D.N.9329. x Banking Offence and auction (Banking and Non- Banking Property) Session 9 Theoretical study of Credit Lending Objective of the Session: x Demand areas, probability and limitation At the end of the Session, participants will be; of Credit x Acquainted with existing laws, credit x Regulations, directives and standards of policy, areas of credit demand, possibility Credit of Banking and Financial and limitation of Credit. Institutions. Subjects included in this Unit: x Court Practices. x Meaning and definition of Credit x Types of Credit and principles of Credit Reference Materials: Lending x M.L., Tannan, 27th edition, Banking law x Existing laws and policies regarding and Practice in India, Credit

64 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Mark Hop good QC, Paget's Law of x Recovery of Debts of BFI Act, 2058 and Banking 13th edition, Regulation, 2051 x Cranston Ross, Principles of Banking law x National Civil Code,2074, provisions x Banking Offense and Punishment Act , relating to Contract, 2064 x N.K.P 2068, Volume 9, D.N.8688, Case: x National Civil Code,2074 Corruption, Nepal Government V. Pradip x Nepal Rastra Bank Act, 2058 K.C, x Banking and Financial Institutions Act, x N.K.P 2063, Volume 5, D.N.7707, Case: 2073 Corruption, HMG V. Dayanidhi Pankaj.

Session 10 Offence relating to credit lending and Recovery

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

Objective of the Session: x Have information about Collateral, its At the end of the course, participants will; valuation, quality of assets and valuator of Security/collateral.

65 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subjects included in this Unit: x Mark Hop good QC, Paget's Law of x Meaning, definition and quality related Banking 13th edition, issues of Security x Banking Offense and Punishment Act , x Valuation of Securities and its procedure, 2064 standards and grounds x Nepal Rasta Bank Act, 2058 x Field visit of Security and reporting x Directives issued by the Nepal Rastra x Roles of the office, evaluator and the Bank officials in security valuation x Banking and Financial Institutions Act, x Meaning and calculation techniques of 2073 Distress Value and Fair Market Value of x Bank and Financial Institutions Debt Security Recovery Act, 2058 and Regulation, 2059 x Selection of valuator and duties and x National Civil Code, 2074 (provisions regulation abide by him/her relating to Contract) x Study of Offences related to security x Directives and Standard adopted by valuation various Banks for guarantee valuation x Court Practices. x Cranston Ross, Principles of Banking Law Reference Materials: Session 12 Offence relating to Banking Service - 1

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

66 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 13 Offence relating to Banking Offence -2

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

Session 15 Other offences relating to Banking - 1 Objective of the Session: x Offence against the Bank and Financial At the end of the course, participants will be; Institution Act, 2073 x Acquainted with Banking Offence; and x Offence against the Secured Transaction provision of offence and punishment Act, 2063 determined by various Special acts. x Court practices related with Banking Subjects included in this Unit: Offence and above mentioned issues x Offence against the Act to Provide for Reference Materials: Enhancement of the Circulation of x National Criminal Code, 2074 Nepalese Currency, 2014(1957) x National Civil Code, 2074 x Offence against the Nepal Rastra Bank x Banking Offense and Punishment Act , Act, 2058 2064

67 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Act to Provide for Enhancement of the x N.K.P 2070, Volume 1, D.N.8950, Case: Circulation of Nepalese Currency, Cheque Bounce, Maheswor lal Shrestha V. 2014(1957) Bishnu Maharjan et.al. x Security Transaction Act, 2063 x N.K.P 2069, Volume 12, D.N. 8927, Case: x Banking and Financial Institutions Act, Cheque Bounce, Karna Bahadur Chand V. 2073 Karam Singh Bhandari. x Negotiable Instrument Act. 2034 x N.K.P 2070, Volume 1, D.N. 8948, Case: x Companies Act, 2063 (including 1st Bank Fraud, Nepal Government V. amendment) Madhusudan Puri et.al. x N.K.P 2062, Volume 5, D.N.7534, Case: x N.K.P 2064, Volume 8, D.N. 7872, Case: Corruption, Nepal Government V. Bimal Certiorari, Piyus Bahadur Amatya V. Kumar Thapa et.al. Nepal Government. x N.K.P 2043, Volume 11, D.N.2900, Case: Fraud, Sarwagya Muni Bajracharya V. Krisna Prasad Shrestha et.al.

Session 16 Other offence relating to Banking - 2

Objective of the Session: x Offence against the Act Relating to At the end of the course, participants will be; Institutions Acting as Financial x Informed about Banking Offence; and Intermediary, 2055 (1999) provision of offence and punishment x Court Practices. determined by various Special acts. Reference Materials: Subjects included in this Unit: x Foreign Exchange (Regulation) Act, 2019 x Offence against the Foreign Exchange (1962) (Regulation) Act, 2019 (1962) x Employees Provident Fund Act, x Offence against the Employees Provident 2019(1962) Fund Act, 2019(1962) x National Insurance Corporation Act, x Offence against the National Insurance 2025(1968) Corporation Act, 2025(1968) x Citizens Investment Trust Act, 2047(1991) x Offence against the Citizens Investment x Insurance Act, 2049(1993) Trust Act, 2047(1991) x Act Relating to Institutions Acting as x Offence against the Insurance Act, Financial Intermediary, 2055 (1999) 2049(1993) Session 17 Other Various Banking Offences - 3 Objective of the Session: offence and penalization; declaration of At the end of the course, participants will be; disqualification in banking offences and x Informed about Banking Offences and classification of punishment. Corruption; Banking offence and Subjects included in this Unit: departmental action in peculation; banking x Banking Offences and Corruption,

68 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Banking Offences and Fraud, Reference Materials: x Banking Offences and peculation, x Banking Offences and Punishment Act, x Banking Offences and departmental action, 2064, x Banking Offences and penalization, x Prevention of Corruption Act, 2059, x Declaration of disqualification in banking x Nepal Rastra Bank Act, 2058, offences, x National Civil Code, 2074, x Court Practice. x Debt Recovery Act of Banking and Financial Institutions, 2058, x Negotiable Instrument Act, 2034.

Session 18 Various Banking Offences - 3

Objective of the Session: x Court practice. At the end of this session, the participants will Reference Materials: be knowledgeable on: x Mark Hop good QC, Paget's Law of x Banking offences and property Banking 13thedition. consolidation, study of principles and x Banking Offences and Punishment Act, legal provisions concerning confiscation 2064, of illegally obtained property. x Money Laundering Act, 2064, x Extradition and Mutual Legal Assistance x Extradition Act, 2070, in banking offence. x Organized Crime Prevention Act, 2070, Subjects included in this Unit: x Mutual Legal Assistance Act, 2070, x Banking Offences and Money Laundering, x Kasurjanya sampati rokka, jafat tatha x Banking Offences and Organized Crime, kabja sambandhi Ain, 2070 x Banking Offences and Extradition, x Civil Code, 2070, x Banking Offences and Mutual Legal x Debt Recovery Act of Banking and Assistance, Financial Institutions, 2058, x Banking Offences and withhold, x Negotiable Instrument Act, 2034, Restraining or Confiscation of illegally x Directives of FATF. obtained property, x Directives of Nepal Rastra Bank. Session 19 Banking Offences and Co-operative related Offences

Objective of the Session: punishment for such offences and court At the end of the session, the participants will practices relating to same. be; Subjects included in this Unit: x Informed about the theoretical and x Concept, meaning and definition of co- practical aspects of co-operatives; operative, simultaneously they will be acquainted x Principles of co-operative, with the co-operative related offences, x Characteristics of co-operative,

69 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Arrangements on financial transaction x Cooperative Movement in Indial, G.R. undertaken by co-operatives and co- Madan, Mittal Publication, 2007. operative banks, x PROBLEMS AND PROSPECTS OF x Regulation and Directives of co-operative, THE COOPERATIVE MOVEMENT IN x Duties of co-operative, INDIA UNDER THE x Offences related to co-operative and its GLOBALIZATION REGIME, XIV punishment, International Economic History Congress, x Investigation and Prosecution of offences Helsinki 2006, Session 72 . related to co-operative, x Co-operative Act, 2073 x Judicial decisions and Practices of x Directives of Nepal Rastriya Bank (NRB), offences related to co-operative, x Directives, standards and co-operative x Analytical study on Co-operative Act, manual issued by co-operative, 2073. x Other various relevant legal provisions Reference Materials: related to co-operative department, x Cooperatives: Principles and Practices in x Other relevant laws relating to the the 21st Century, Kimberly A Zeuli and cooperatives. Robert Cropp. Extension, 2004. x Judicial interpretation and established precedent concerning co-operative. Session 20 Institutional Criminal Liability

Objective of the session: x Responsibilities of authorities holding At the end of this session, the participants will executive power, have knowledge on: x Responsibilities of head of department or x Legal person and duties; differences office, between legal and natural person; x Collective responsibility and principles of institutional responsibility; accountability, responsibility of institution itself, x Doctrine of Lifting of Corporate Veil and collective accountability and criminal its exception, liability of office holding executive power x Cases related to banking offences and or departmental chief; and lifting of companies, corporate veil. x Court Practices. Subjects included in this Unit: Reference Materials: x Meaning of legal and natural person and x Companies Act, 2063, their differences, x Banking Offences and Punishment Act, x Legal person and their duties, 2064, x Meaning and concept of institutional x National Criminal Code, 2074, criminal liability, x Directives of Nepal Rastriya Bank, x Responsibilities bared by institution itself, x Banking and Financial Institution Act, 2073.

70 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 21 Practice of Commercial Bench for the matter concerning banking offences…1

Objective of the session: x Methods to make commercial bank At the end of this session, the participants will influential be; x Court practices. x Informed about the formation, functions, Reference materials: duties and rights of Commercial Bench. x Banking Offences and Punishment Act, Subjects included in this Unit: 2064, x Importance of commercial bench, x Judicial Administration Act, 2073, x Formation of commercial bench, x High Court Regulation, 2073, x Rationale of commercial bench, x Decisions and notices issued by Nepal x Jurisdiction, Government regarding formation of x Problems and challenges concerning commercial bench. commercial bench, Session 22 Practice of Commercial Bench for the matter concerning banking offences…2

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

Session 23 Provision on Guarantee …1

Objective of the Session: x Relation of Guarantee in debt, At the end of this session, the participants will x Procedure to be fulfilled for Guarantee, be: x Conditions for revoking or non-revoking x Acquainted with the theoretical concept of of Guarantee, guarantee, existing laws and court x Existing legal provisions on Guarantee, practices. x Court practice. Subjects included in this Unit: Reference Materials: x Concept and definition of Guarantee, x Mark Hop good QC, Paget's Law of x Principles of Guarantee, Banking 13thedition. x Types of Guarantee, x E. P. Ellinger, Ellinger's modern Banking x Counter Guarantee, law.

71 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Banking Offences and Punishment Act, x Directives of Nepal Rastriya Bank. 2065, x Directives of various banks regarding x Security Transaction Act, 2063, Guarantee. x National Civil Code, 2074, Session 24 Provision on Guarantee …2 Objective of the Session: x Study on existing laws concerning At the end of the course the participants will guarantee, be: x Court practices on guarantee. x Informed about guarantor’s obligation, Reference Materials: related prevailing laws and court practices. x Mark Hop good QC, Paget's Law of Subjects included in this Unit: Banking 13th edition. x Liabilities of borrower over debt, x E. P. Ellinger, Ellinger's modern Banking x Liabilities of joint family members over law. debt, x Kabin Dhungel v. Debt Recovery Appeal x Third party liability over debt, Tribunal, N.K.P 2068, Vol. 4, Decision No. x Liability of promoters and board of 8605, members of company, x Banking Offences and Punishment Act, x Liability of guarantor in banking offences, 2064, x Security Transaction Act, 2063. Session 25 Letter of Credit Objective of the Session: x Court Practices. At the end of the course, the participants will Reference materials: be: x Mark Hop good QC, Paget's Law of x Knowledgeable regarding letter of credit, Banking 13th edition, obligations under letter of credit, x UCP 500, procedure applied and court practices. x UCP 600, Subjects included in this Unit: x Nepal Rastriya Bank Act, 2058, x Definition, Types and various aspects of x Banking Offences and Punishment Act, Letter of Credit, 2064, x Procedure relating to opening of letter of x Banking and Financial Institutions Act, credit, its amendment, revocation, 2073, examination and classification of x Security Transaction Act, 2063, documents and study of breach of clauses x Nepal Government v. Bharat Bahadur of letter of credit, Basnet N.K.P 2069, Vol. 2, Decision No. x Liability under Letter of Credit 8767 and various other relevant x Scam of Letter of Credit and Banking precedents. offences, Session 26 Arrangement on security

Objective of the Session: x Informed about security and along with At the end of the course, the participants will that its transaction, offences and be:

72 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

punishment, relationship with banking x Its Impact in security market, offence and court practices. x Relationship in between Banking offences Subjects included in this Unit: and security, x Meaning and concept of security, x Court Practices. x Institutional and professional arrangement Reference materials: on security, x Banking Offences and Punishment Act, x Arrangement on security market, 2064, x Regulation, monitoring, supervision and x Security Act, 2063, examination on functions of security, x Various other existing laws concerning x Internal transaction of security and security, offences relating to security transaction x Judicial precedent concerning securities and punishment for such offences, and internal transaction. x Investigation and registration of cases related to security, Session 27 Negotiable Instrument

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

73 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 28 Study on legal provisions concerning competition, promotions and protection of market

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

Session 29 Study on arrangement of liquidation

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

74 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 30 Study of legal provisions of Contract ….1

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

Session 31 Study of legal provisions concerning Contract….2

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

75 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 32 Arbitration in dispute resolution

Objective of the Session: x Analytical study of Arbitration Act, 2055. At the end of the course, the participants will Reference Materials: be: x Russel on Arbitration, 23rd Edition, David x Aware about introduction, purpose, St. John Sufton et al. importance, and essential elements of x Law of International Commercial arbitration, along with legal provisions Arbitration, A. K. Bansal and court practices of such. x Law of Arbitration, Sambhu Dayal Sing Subjects included in this Unit: et.al@. x Introduction of Arbitration, x Purpose and Importance of arbitration, x Das's Arbitration Act. x Essential elements of Arbitration, x Commercial and Consumer Arbitration x Qualification and recruitment procedure Statutes and Rules, M.J. Chapman. of arbitrator, x Arbitration Act, 2055, x Cases to be resolved from arbitration, x International Financial Transaction Act, x Court’s jurisdiction in cases solved from 2054. arbitration, x Court Practices.

76 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

4. Laws relating to prevent Organized Crime

77 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

78 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 4. Laws relating to prevent Organized Crime

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

Curriculum Objective of the session: x To provide specialized knowledge relating to the concept of crime and to provide information on essential elements and nature of organized crime. x To provide information about the features of organized crime. x To provide specialized information about the nature, involvement, purpose and impact of organized crime and other crimes. x To provide special knowledge on national and international law related to organized crime. x To provide information about legal and institutional mechanism for the prevention of the organized crime in other countries. x 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. x 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 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

79 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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

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

Session 3 International efforts against organized crime and approach of the UN system

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

81 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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

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

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

Objective of the Session: x Local nature of organized crime (in x To provide knowledge on local, different countries) transnational, regional and international x Nature of the organized crime in Nepalese nature of the organized crime context. Subjects included in this Unit: Reference materials: x International nature of organized crime. x The UN Convention Against x Regional nature of organized crime. Transnational Organized Crimes, 2000 x Transnational nature of organized crime. x Organized Crime Prevention Act, 2070

82 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Organized Crime: An Introduction Society, Volume 1, Number 2, December (Resource material), National Judicial 2001 Academy, Nepal (2068) x Bill to Amend and Unify Prevailing Laws x United Nations Center for International Related to Criminal Offences, 2067, Crime Presentation Forum on Crime and Section-Wise Interpretative Commentary, Lalitpur: national judicial Academy, 2070 Session 6 Major provisions of the United Nations Convention against Organized Crime and its implementation status Objective of the Session: Reference materials: x To provide knowledge about the major x The UN Convention Against provisions of the United Nations Transnational Organized Crimes, 2000 Convention against Organized Crime. x Organized Crime: An introduction x To provide knowledge about the (Resource material), National Judicial implementation status of the convention Academy, Nepal (2068) Subjects included in this Unit: x United Nations Center for International x Major provisions of the United Nations Crime Presentation Forum on Crime and Convention against Organized Crime. Society, Volume 1, Number 2, December x Implementation status of the convention 2001 Session 7 Transnational Organized Crime and Treaty and Agreements on Extradition and Mutual Legal Assistance Objective of the session: x Relations between extradition and human To provide knowledge on impact of rights transnational organized crime, and to provide x Extradition and refugees jurisprudential and legal knowledge on mutual x Extradite or prosecute principle (Aut legal assistance, extradition and treaty and dedare, aut judicare Rule) agreement to control the organized crime. x Implementation status of Nepalese laws Subjects included in this Unit: on extradition and mutual legal assistance. x Meaning and nature of transnational x Provisions related to Extradition and organized crime. Mutual Legal Assistance Act, 2070 x Impact of transnational organized crime at Reference Material: national and international level. x Constitution of Nepal x The offenses related to the transnational x National Ain, 2020 organized crime. x National Criminal Code Act, 2074 x National and international efforts to x Organized Crime Prevention Act, 2070 prevent transnational organized crime and x Research based Study on Impact of its implementation status (the major Organized Crime Law, Office of the provisions of the Convention against Attorney General, Nepal, Criminal Transnational Organized Crime, Criminology Research Center, 2074 Conventions against the Terrorism, and x Mutual Legal Assistance Act, 2074 the international and regional conventions x Extradition Act, 2070 related to human trafficking and x United Nations Convention against transportation). Organized Crime, 2000.

83 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 8 Major Features of United Nations Convention against Organized Crime and Nepalese Law: A Comparative Study

Objective of the session: x Organized Crime Prevention Act, 2070 x To know about the compatibility of x Organized Crime: An Introduction Nepalese law with the United Nations (Resource material), National Judicial Convention against Organized Crime. Academy, Nepal (2068) Subjects included in this Unit: x Research based Study on Impact of x Major provisions of the Organized Crime Organized Crime Law, Office of the Prevention Act, 2070 Attorney General, Nepal, Criminal x Comparison of those provisions with the Criminology Research Center, 2074 UN Convention against Organized Crime, x Bill to Amend and Unify Prevailing Laws 2000 Related to Criminal Offences, 2067, Reference Material: Section-Wise Interpretative Commentary, x The UN Convention against Transnational Lalitpur: National Judicial Academy, 2070 Organized Crimes, 2000 Session 9: Nepalese Laws addressing the Organized Crime and its Implementation Status Objective of the session: x Major provision on extraterritorial x To provide legal knowledge regarding the jurisdictional rights, and freezing, seizure features and major provisions of the and confiscation of property Organized Crime Prevention Act, 2070. Reference Material: Subjects included in this Unit: x Constitution of Nepal, 2072 x Background of Organized Crime Control x Organized Crime Prevention Act, 2070 Act, 2070 x Bill to Amend and Unify Prevailing Laws x Major Objective of the session of Related to Criminal Offences, 2067, Organized Crime Control Act, 2070 Section-Wise Interpretative Commentary, x Major features of Organized Crime Lalitpur: National Judicial Academy, 2070 Control Act, 2070 Session 10:

Techniques used by organized criminal groups in Nepal and its impact

Objective of the session: Subjects included in this Unit: x To gain an understanding of the x Identification of advanced techniques used techniques used by organized criminal by organized criminal groups while groups in Nepal, its effect and the nature committing crime. of the offense of the organized criminal x Provide information about the hierarchical group. structure of organized criminal group and information and communication media/mechanism.

84 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Role of information and communication in Reference Material: maintaining order and discipline as per the x Organized Crime Prevention Act, hierarchical structure of organized 2013(2070) criminal group. x Electronic Transaction Act, 2008 (2063) x Challenges to implement the provision x Revenue Investigation and Punishment related to information interception, as Act, 1995(2052) provided by the Organized Crime x World Heritage and Wildlife Conservation Prevention Act Act, 1972(2029) x Misuse of technology by organized x International Trade Control Act of criminal group; Modus Operandi Endangered Wildlife and Plants Act, x Challenges in identifying and operating 2016( 2073) the information technology in x The Prevention of Corruption Act, 2002 observing/studying the activities of the (2059) criminals groups in micro-level. x Nepal Rastriya Bank Act, 2001 (2058). Session 11: International efforts to control the organized narcotic drugs related crime and Nepalese law

Objective of the session: Reference Material: x To gain knowledge about the involvement x UN Convention on Drugs, the Single UN of organized criminal groups in drug Convention, 1961 related crimes, along with the prevailing x United Nations Convention on Nepalese legal provisions to control it. Psychotropic Substances, 1971 Subjects included in this Unit: x The amended Protocol, 1972 to the United x Provisions of international treaty and Nations Convention on Drugs, 1961 agreement to control illegal narcotic drug x United Nations Convention on the Illegal trafficking and abuse. Trafficking of Drugs and Psychotropic x Nepalese legal arrangements to control Substances and Trafficking, 1988 and prevention of narcotic drug trafficking, x International Drug Control Board (INCB) prior to 1976 (2033) x Drug Control and Punishment Act, x Role of Narcotic Drug Prevention Bureau 1975(2032) in narcotic drug cases x Narcotic Drug (Control and Punishment) x Impact of organized criminal groups on Act, 1976(2033) narcotic drug trafficking in Nepal x Drug Act, 1978(2035) x Impact and nature of organized criminal x Prof. Dr. Rajit Bhakta Pradhananga and groups on drug trafficking and drug abuse Narayan Prasad Paudel (2012), Nepal Law x Legal provisions to control the organized Review, 2012, Volume 23, Page 7-22. crime in Narcotic Drug (Control) Act, x Precedents established in the Narcotic 1976 (2033) and Drug Act, 1978(2035). Drug relating case; N.K.P 2071, Volume 5, x Supreme Court’s perspective on organized Decision. No. 9164 (Nepal Government narcotic drug related crime. Vs. ) Session 12: Organized Human Trafficking and Transportation Crime and Nepalese Law

Objective of the Session: To gain special knowledge about the involvement of organized criminal groups in

85 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal crimes related to human trafficking and Exploitation in Prostitution, organized transportation and existing Nepalese legal crime control in 1949 provision to control it. x UN Protocol on status of refugees and Subjects included in this Unit: human trafficking, 1967, the provision to x Nature and structure of organized human control the organized crime. trafficking and transportation crimes x The provisions regarding organized crime x International legal provisions to control control on Palermo (human trafficking and and prevent the human trafficking and transportation prohibition and control, transportation particularly of women and children) x Nepalese past commitments and legal convention 2000 provisions to control human trafficking x The provision to control the organized and transportation crime in United Nations Global Initiative x Impact of organized criminal groups on to Fight Human Trafficking, 2007 human trafficking and transportation in x The Human Trafficking and Nepal transportation(Control) Act, 2063 x Nature of organized criminal groups in x Mahesh Sharma Poudel and Hari Prasad human trafficking and transportation Joshi (2071), Human Trafficking and x Legal provisions to control the human Trafficking Offenses, Prevention of trafficking and transportation Crime Against Women and Children, x Supreme Court's view on the cases of Resource material, Office of the Attorney human trafficking and transportation, General which are organized crime in nature x Precedent established in the Human Reference Materials: Trafficking Case of Goma Devi Panchkot x Provisions to control organized crime in vs. the Government of Nepal, N.K.P. Convention Against Slavery, 1926 2072,Volume 1, Decision Number 9333 x The United Nations Convention on x Precedent established in the Human International Relations, Organized Crime Trafficking Case of Som Bahadur Control in 1930 TamangVs. Government of Nepal, N.K.P. x The United Nations Convention on the 2073, Volume 9, Page 1719, Decision Prevention of Human Trafficking and Number 9677 Session 13: Human Smuggling and Organized Crime

Objective of the Session: x Nepalese laws on human smuggling To gain special knowledge of human control smuggling and organized crime Reference Materials: Subjects included in this Unit: x United Nations Convention against x Definition of human smuggling Transnational Organized Crime, 2000 x Differences between human trafficking x Provisions related to control of organized and human smuggling crime in Slavery Convention, 1926 x Methods of human smuggling and x Provisions related to control of organized challenges to control crime in Convention for the Suppression x Impacts of organized crime in human of the Traffic in Persons and of the smuggling

86 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Exploitation of the Prostitution of Others, particularly of women and children) 1949 convention 2000 x Provisions related to control of organized x Provisions related to control of organized crime in Protocol Relating to the Status of crime in United Nations Global Initiative Refugees, 1967 to Fight Human Trafficking (UN.GIFT), x The provisions regarding organized crime 2007 control on Palermo (human trafficking and x Human Trafficking and Transportation transportation prohibition and control, (Control) Act, 2064

Session 14: Involvement of organized criminal groups in cybercrime and use of the technology

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

87 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 15 Organized Crime and Corruption Objective of the Session: Reference material: x To provide legal knowledge and x Constitution of Nepal 2072 information regarding the involvement of x Corruption (Prevention) Act 2059 organized crime groups in corruption and x Organized Crime Prevention Act 2070 its international standards and efforts. x Money laundering Prevention act 2064 Subjects included in this Unit: x Annual monuments published by the x Definition, purpose and essential elements Commission on Investigation of Abuse of of corruption Authority x Relationship between corruption and x Prof. Dr. Ranjit Bhakta Prdhanaga et organized crime al(2067), Issues seen in the formulation x Forms of corruption conducted in an and implementation of corruption control organized manner strategies, An Analysis, Kanun, pg. 3-17 x Major areas of corruption used by the x Prof. Dr. Rajit Bhakta Pradhananga and organized criminal group Balram P. Raut (2008), Corruption: x A legitimate investment method of assets Concept, Theory and Judicial Practices in acquired through corruption or criminal Nepal, Nepal Bar Council Law Journal activity and the condition where it is not x UN Convention Against Corruption, 2003 identified. x Corruption and criminal market (investment in real estate, stock, etc.). Session 16 Organized crime and money laundering

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

88 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 17: Challenges and solutions of investigating crime related to organized money laundering crime

Objective of the session: x Key issues and challenges observed in x To develop specialized knowledge and crime investigation skills for the investigation of organized x Ways to address the problem money laundering crime Reference Material: Subjects included in this Unit: x UN Convention on Transnational x Basic issues while investigating organized Organized Crime, 2000 money laundering crime x Organized crime Prevention Act, 2070 x Areas of crime investigation x Money Laundering Prevention Act, 2064 x Comparative study of crime investigation x Mutual Legal Assistant Act, 2070 method and system x Extradition Act, 2070 x Step-wise investigative 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: x Major issues and challenge that may be x To develop specialized knowledge and observed in crime prosecution. skills for the prosecution of money x Ways to address the problem laundering-related organized crime cases. Reference Material: Subjects included in this Unit: x UN Convention on Transnational x Basic issues while prosecuting organized Organized Crime, 2000 money laundering crime x Organized crime Prevention Act, 2070 x Comparative study of investigation x Money Laundering Prevention Act, 2064 method and system of prosecuting money x Mutual Legal Assistant Act, 2070 laundering related organized crime x Extradition Act, 2070 x Fundamental aspects while prosecuting the money laundering related organized crime Session 19: Judicial practice and areas of reform in money laundering-related organized crime cases

Objective of the session: Subjects included in this Unit: x To improve the weakness observed in the x Fundamental aspects while investigating investigation and prosecution of money and prosecuting the organized crime laundering-related organized crime and to related to money laundering make investigation and prosecution x Prevailing condition of investigation and effective. prosecution and areas of improvement

89 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Existing practice and areas of Reference Materials: improvement of organized crime related to x United Nations Convention against money laundering Transnational Organized Crime, 2000 x Areas of reforms in the relevant x Organized crime Prevention Act, 2070 legislation x Money Laundering Prevention Act, 2064 x Problems and areas of improvement in x Mutual Legal Assistant Act, 2070 judicial practice of organized crime x Extradition Act, 2070 related to money laundering. Session 20: Cooperation and coordination to control financial investment in the money laundering and terrorism

Objective of the session: x Practices to prevent and control financial x To gain knowledge about the control of investment in money laundering and financial investment in the money terrorist activities laundering and terrorism activities. x Efforts to prevent and control financial Subjects included in this Unit: investment in money laundering and x Step-wise structure in regard to financial terrorist activities in Nepal investment on money laundering and x Areas of cooperation, coordination and terrorism activities. reform of related investigation bodies in x Areas of financial investment on money current Nepalese scenario laundering and terrorism activities. Reference Materials: x Nature and interrelation of financial x United Nations Convention against investment in organized crime, money Transnational Organized Crime, 2000 laundering and terrorist activities x Organized crime Prevention Act, 2070 x Need of cooperation and coordination in x Money Laundering Prevention Act, 2064 crime related to financial investment in x Mutual Legal Assistant Act, 2070 money laundering and terrorist activities. x Extradition Act, 2070 x Responsibility of coordinating and x E.P. Ellinger, Ellinger’s Modern Banking member state of international and regional Law, p.g. 94 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

Objective of the session: x Nature of Financial Information Unit and x To provide specialized knowledge on the the current state of information flow in role of Financial Information Unit in the Nepal investigation and control of organized x Role and practice of Financial Information money laundering crimes Unit for the investigation and control of Subjects included in this Unit: financial investment in organized money x Role of Financial Information Unit in the laundering and terrorist activities investigation and control of organized x Current status of information on financial crime related to money laundering investment in the organized money

90 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

laundering and terrorist activities and its x United Nations Convention against reform areas. Transnational Organized Crime, 2000 x Areas of cooperation and coordination and x Organized Crime Prevention Act, improvement of Financial Information 2070 Unit with the concerned agencies in x Money Laundering Prevention Act, relation to the receipt of information. 2064 Reference Materials: x Mutual Legal Assistant Act, 2070 x Extradition Act, 2070 Session 22: Terrorism and arms trafficking: An analysis of organized crime jurisprudence Objective of the session: x Convention on the Prevention and x To inform about various aspects of Punishment of Crimes Against crime related to terrorism and arms Internationally Protected Persons,1973 trafficking and to provide special x International Convention against the knowledge about its relation and Taking of Hostages,1979 attraction of organized crime groups. x International Convention for the Subjects included in this Unit: Suppression of Terrorist Bombings,1997 x Nature of terrorism x United Nations Convention on Organized x Purpose of terrorism Crime,2000 x Forms of terrorism x SAARC Regional Convention on the x Causes of terrorism Suppression of Terrorism,1987 x Use of weapons in terrorism x United Nations Convention Against x International counterterrorism Organized Crime,2000 arrangements x Tokyo Convention on Offences and x Relationship between terrorism and Certain other Acts Committed on Board organized crime Aircraft,1963 x Methods of selling weapons to terrorist x The Hague Convention on Hijacking of groups Aircraft 1970 x Arrangements and efforts to control x Terrorist and Disruptive Activities terrorism in Nepal (Prevention) Act, 1985, India Reference material: x Terrorism Act, 2000, England x Convention for the Suppression of x Money Laundering Prevention Act, 2064 Unlawful Seizure of Aircraft,1970 x Crime against State and Punishment Act, 2046 x Public Security Act, 2046 Session 23 Wildlife crime and its use by organized criminal groups

Objective of the session: x Reasons for the protections x To provide special knowledge about the x Causes of wildlife crime relationship between wildlife crime and x Areas of wildlife crime organized crime. x Nature of wildlife crime Subjects included in this Unit: x Involvement of organized group in x Wildlife listed as protected wildlife wildlife crime

91 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Transportation of wildlife x Special Issue of First National Conference x Legal provisions related to national parks of Government Attorney, 2073, Office of and wildlife the Attorney General x Supreme Court's Perspective on wildlife x National Parks and Wildlife Conservation crime cases Act, 2029 Reference Material: x An Act to Regulate and Control x Study Report on the implementation statue International Trade in Endangered Wild of the case related to the offense under the Fauna and Flora, 2073 National Park and Wildlife Protection Act, x Precedent Established in Illicit selling of 2029, Office of the Attorney General, Rihno’s horn case in Surya Bahadur Pun prepared on 2071/07/27 Vs. Government of Nepal, NKP 2069,Vol.3, Decision number 8784

Session 24: Impact of organized crime on theft, transportation and export of valuable goods

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

Session 25 Organized crime observed on tax evasion, banking crime and financial institutions

Objective of the session: banking crime and financial sector crime, x To gain knowledge about the nature of and the impact of organized crime groups organized criminal group in tax evasion, in Nepal.

92 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subjects included in this Unit: x Modus Operandi of criminal group x Introduction to the areas of revenue members in the banking sector. leakage x Impacts of organized crime group on tax x Affiliation and coordination of organized evasion, banking offenses and financial criminal groups with the customs, security institutions, and the effectiveness of the agencies, tax administration related bodies law and implementation status. x Involvement of organized criminals in the Reference material: banking sector and owning the shares x Customs Act, Income Tax Act, Value x The inter-relationship between bank Added Tax Act, Excise Duty Act, Nepal scams and organized criminal groups and Rastra Bank Act, Banking and Financial its impact in Nepal Institution Act, Revenue Leakage x The nature of the coordination between (Investigation and Control) Act, Company tax administration system, tax Act, Organized Crime Prevention Act. administration officials and criminal x Cases related to abuse of the Value Added group. Tax Act and fake VAT bills x Modus Operandi of organized criminal x Cases of money laundering by banks and group in the revenue and tax financial institutions. administration. Session 26: Organized Crime in Nepal: Current Status, Challenges and Reforms in Investigation and Prosecution Objective of the session: x Practical challenges faced during the x To provide specialized knowledge on investigation and prosecution of organized practices and challenges on the crime investigation and prosecution of organized x Improvements required in the crime. investigation and prosecution of organized Subjects included in this Unit: crime. x Practice regarding the investigation and Reference Material: prosecution x Investigative Studies on Assessment of x Special investigation bodies Impact of Organized Crime Law, Office of x Interpol the Attorney General, Criminal x Nepal Central Investigation Bureau Investigation Center, 2074 x Drug Control Bureau x Organized Crime Prevention Act, 2070 x Valley Crime Investigation Division x Bipin Adhikari and Kiran Poudel (edit) x Mistakes observed in the investigation of (2070), Government Attorneys in Crime organized crime Investigation and Prosecution, Nepal x Mistakes observed in the prosecution of Constitution Foundation, Kathmandu. organized crime Session 27: Organized crime investigation technique and skills and required resources Objective of the session: x Formation of special investigation teams x To provide specialized knowledge about and procedures. organized crime investigation technique x Controlled delivery and required skills and resources. x Undercover operation Subjects included in this Unit: x Investigation bodies and tiers

93 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Resources and human resources required Reference Material: to conduct controlled delivery and x Investigative Studies on Assessment of undercover operation Impact of Organized Crime Law, Office of x Investigation process the Attorney General, Criminal x Special provisions on investigation. Investigation Center, 2074 x Skills and resources required to x United Nations Convention against investigate organized crime. Transnational Organized Crime, 2000 x Organized Crime Prevention Act, 2070 Session 28: Challenges and solutions in regard to the protection of victims and witnesses of organized crime

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

94 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

5. Laws relating to prevent Cyber Crime

95 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

96 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 5. Laws relating ot prevent 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

97 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 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.

98 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 1 Introduction to Computer

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

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

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

Session 3 Origin, Development and Use of Internet

Objective of the session: Subjects included in this Unit: x In this session, the participants will be x Introduction to Internet and Internet informed about the introduction, origin, Domain Name System use and development of internet.

99 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Country Code Top Level Domain Reference Material Administration and Operations x Information Technology law- x Domain name dispute and its resolution Dr.S.R.Myneni, Asian law house 1st x Internet of Things (IoT) Edition, 2013

x Origin and development of Internet x Fundamentals of Computer -Er. Shankar x Internet and services of Internet N Adhikary & Dilli Prasad Sharma, x Internet supplier and owner. published by Buddha Publication

x World Wide Web (WWW) and Internet x Cyber Laws-K. Mani , Kamal Publishers, x Virtual reality 2008

x Internet Jurisdiction x Internet Law, By Chris Reed, Universal x Use of Internet and It's advantages, Law Publishing Co., Second Edition 2010. limitations and threat Session 4 Information Technology and Lawyer

Objective of the session: Reference Material x In this session, the participants will be x Information Technology and Lawyers by informed about the use of Information Arno R. Lodden & Anja Oskamp, Technology and its role in lawyer's Springer Publication, 2006 functions. x Information Technology Law-S.R. Subjects included in this Unit: Myneni, Asian law House

x Information/Communication Technology x The Lawyer's Guide to Social Networking, and Law John G. Browning, Thomson Reuters, x ICT for Lawyers South Asian Edition, 2012 x Technology and the involvement of Lawyers in legal Profession Session 5 Intranet and Network protocols in ICT Objective of the session: x Use of Intranet, its benefits and limitations

x In this Session, the participants will be x Extranet familiar about the intranet, extranet, Reference Material Network protocol. x Fundamentals of Computer -Er. Shankar Subjects included in this Unit: N Adhikary & Dilli Prasad Sharma, x Introduction to Network published by Buddha Publication

x Introduction to Intranet x Information Technology Law-S.R. x Introduction to IT and ICT Myneni, Asian law House x Network Protocols x How data travel in the internet

100 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 6 Cyber jurisprudence Objective of the session: x Cyber Jurisprudence: Theories, Concepts x In this Session, the participants will and Principles by S J Tubrazy, Kindle familiar about the Cyber Jurisprudence Edition, 2016 and its origin. x Cyber Jurisprudence; Evolution of Cyber Subjects included in this Unit: Laws By Shahid Jamal Tubrazy on www.academia.edu x Introduction of cyber jurisprudence x http://www.legalservicesindia.com/article/198 x Evolution of cyber jurisprudence in Nepal 7/Cyber-Jurisprudence-An-Internalisation-In- x Nature and prevalence of cyber cases in Indian-Matrix.html the Kathmandu valley x Some Cyber Crime cases of Kathmandu Reference Material Valley. x Atal Jain, Cyber Crime, Issues, Threats and Management Session 7 Usage of digital signature, IT ethics and culture in Information and Communication Technology Objective of the session: Reference Material x In this session, the participants will x Computer Law, edited by Chris Reed third familiar about the digital signature and its edition, 1996 uses along with culture and ethics required x A Practical approach to Cyber Laws, by K. in Communication Technology. Mani's, Kamal Publication, 2008 Subjects included in this Unit: x Cyber Law and Crime by Barkha and U. x Communication Media Rama Mohan third edition Asian Law x Electronic data interchange House 2011 x Public key infrastructure x Electronic signatures in Law by Stephen x Electronic/digital Signature Mason, Lexix Nexix UK, 2003 x Electronic signature certificate x Cyber Law Simplified by Vivek Sood, x Digital signature certificate Tata McGrawHill Publishing company, x Difference between electronic signature 2003 and digital signature x Internet Law, By Chris Reed, Universal x GEA, GIF, G2G, G2B and G2C Law Publishing Co., Second Edition 2010. x IT ethics and culture Session 8 National Policies on Cyber Regulation Objective of the session: Subjects included in this Unit: x In this session, the participants will be x Key features of the IT Policy 2015 (2072) informed about the National Policies x Key features of the relevant Chapters of which regulate the electronic transaction the Criminal Code and Civil Code, 2017 and Control cyber the crimes. (2074)

101 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Introduction to Electronic Transaction Act, Reference Material 2063 x Criminal Code and Civil Code, 2017 x Electronic Transaction Rules, 2064 (2074)

x Main Provisions of IT Bill, 2075 x IT Policy 2015 (2072) x Electronic Transaction Act, 2063 x IT Bill 2075

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

x Key features of the Electronic Transaction x Electronic Transaction Act, 2006 (2063) Act, 2006 (2063) x Telecommunication Act, 1997 (2053) x Electronic Transaction Rules, 2064

Session 10 Comparative Study of Cyber Crime Legislation Objective of the session: x Law of Cyber Crime (India & Abroad) by x In this session, the participants will be D.K. Ganguly, Dwivedi law agency informed about cyber laws of various x https://pdfs.semanticscholar.org/d468/4f20 countries. a55b13a1271dc3e63834e0a9a229e037.pdf Subjects included in this Unit: access on 3rd Nov 2019 x https://www.academia.edu/21451805/Com India x parative_Analysis_of_Various_National_ Japan x Cyber_Security_Strategies access on 3rd Sri Lanka x Nov 2019 x USA x Comparative analysis of cyber privacy law UK x in India and in the United States of x America by Geetika Sood Facta Reference Material Universitatis Series: Law and Politics Vol. x https://repub.eur.nl/pub/94604/PROOF- 12 Qianyun-Wang-BW-1-.pdf access on 16th x Chaubey, R.K. (2009), An Introduction to Dec 2018 Cyber Crime & Cyber Law, Kamal Law x technical.cloud House, Calcutta. journals.com/index.php/IJACSIT/article/d ownload/Tech-160/pdf

102 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 11 International Laws (Budapest convention, UNCITRAL Model etc.), regional conventions and policies on Cyber Regulation Objective of the session: Reference Material x In this session, the participants will be x Information Technology Law, By Dr. S.R. informed about the international laws, i.e. Myneni First edition Asian Law house Budapest convention and UNICITRAL 2013 model and other, which regulate and x http://faculty.smu.edu/pwinship/arb- control the cyber crimes. 24.htm access on 16th Dec 2018 Subjects included in this Unit: x https://www.coe.int/en/web/cybercrime/th x Key features of European Convention on e-budapest-convention access on 16th Dec Cybercrime, 2001 (aka Budapest 2018 Convention) x https://rm.coe.int/16800cce5b access on x Key features of UNCITRAL Model Law 16th Dec 2018 on E-Commerce, 1996 x League of Arab States Convention on x Key features of League of Arab States Combating Information Technology Convention on Combating Information Offences (2010) Technology Offences (2010) x African Union Convention on Cyber x Arab League Model Cyber Law Security and Personal Data Protection x Commonwealth Model Law on Computer (2014) and Computer related crime x OECD Policy Guideline on Online x Key features of African Union Convention Identity Theft (2008) on Cyber Security and Personal Data x Essentials of Information Technology Law Protection (2014) by Sujata Pawar & Yogesh Kolekar, x The OECD Policy Guideline on Online Indian Notion Press, 2015 Identity Theft (2008) Session 12 International Laws (UN convention, European convention) on Cyber Regulation Objective of the session: systems Supplementing the European x In this session, the participants will be Convention on Cybercrime, 2001 informed about the UN convention and Reference Material European convention and its provisions to x https://www.uncitral.org/pdf/english/texts/ regulate and control the cybercrimes. electcom/06-57452_Ebook.pdf Access on Subjects included in this Unit: 16th Dec 2018 x Key features of UN Convention on the x http://www.uncitral.org/uncitral/en/uncitra Use of Electronic Communications in l_texts/electronic_commerce/2005Conven International Contracts, 2005 tion.html Access on 16th Dec 2018 x Key features of Protocol on Xenophobia and committed through computer

103 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 13 Institutions for Cyber law enforcement of Nepal Objective of the session: x Nepal Telecommunications Authority

x In this session, the participants will be x Department of Information Technology informed about the institutions involved in x National Information Technology Centre execution of law relating to electronics (NITC) and the Government Integrated transaction and its role. Data Center (GIDC) Subjects included in this Unit: x Nepal Telecom and other telecom companies x Ministry of Science and Technology x IT Service provider institutions x Ministry of Information and Communication Technology Session 14 Cybercrime and its Investigation, Prosecution and Adjudication System in Nepal Objective of the session: x How can we ensure better conviction in x In this session, the participants will be cyber cases? informed about the cybercrime; and x Nepal CERTs and Cyber security investigation and prosecution of Coordination cybercrime. x Case Study Subjects included in this Unit: Reference Material

x Cybercrime and its features x Electronice Transaction Act, 2063

x Investigation, prosecution and judicial x Electronice Transaction Rule, 2064 procedure of Cyber crime in Nepal x Cybercrime and Our Judicial Practices – x Nepal Police (Cyber Crime Investigation an analysis, Ratna Bahadur Bagchand, Bureau, Digital Forensic Lab, etc.) Pratipadan 2073, National Judicial x Office of the Attorney General (OAG) Academy.

x Controller of Certifying Authority x Report on Status of Crime under the x IT tribunal and the IT Appellate Tribunal Electronic Transaction Act, 2063, x Computer Association of Nepal (CAN Attorney General Office of Nepal Federation) x Babu Ram Aryal v. Information and x Lapses in investigation communication ministry et.al. Writ no. x Lapses in prosecution 0268, 2069 https://doit.gov.np/en/spage/computer-ert x Overall trend of judiciary in adjudicating x cyber cases, controlling standards (if any) x http://occ.gov.np/pages/details/function_roles_ of_occ

104 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 15 Online Media / Social Media and Piracy in Nepal

Objective of the session: x Cyber Laws By Dr. Gupta and Agrawal x In this session, the participants will be Premier Publishing Company, 2008 informed about the existing online Medias x The Lawyer's Guide to Social in Nepal as well as they will be acquainted Networking- John G. Browning, South with the piracy and threat of online media. asian edition, 2012 Subjects included in this Unit: x https://visitskc.wordpress.com/2011/04/30/onli ne-media-in-nepal-a-profile-study/ x Regulation of Cyber space x https://www.sroc.info/wp- x Evolution of online media in Nepal content/uploads/2018/02/OECD_study_- x Concept and extent of online piracy _piracy.pdf x Legal Status of online media in Nepal x Constitution of Nepal, 2072 x Social media & defamation x Adhikary, S. (2005). Online journalism in x Threat on online Media and piracy Nepal (Unpublished M.A. Thesis). x Online Media Operation Directive, 2073 . Reference Material x Acharya, B. (2007) . Online news portals x Bodhi: An interdisciplinary journal vol. 2, in Nepal: An exploratory study no. 1, serial no. 2, 2008 by department of (Unpublished M.A. Thesis). Purvanchal languages and mass communication University. Kathmandu University, Dhulikhel Session 16 Online media future and prosecution in Nepal Objective of the session: Reference Material x In this session participant will impart the x Bodhi: An interdisciplinary journal vol. 2, knowledge about future and challenges of no. 1, serial no. 2, 2008 by department of online media in Nepal. Introduced them languages and mass communication about the problems arise during Kathmandu University, Dhulikhel prosecution of online media related case x Adhikary, S. (2005). Online journalism in under Electronic Transaction Act, with Nepal (Unpublished M.A. Thesis). that knowledge they will reasonably Tribhuvan University. prosecute the cases relating to online x Freedom of Expression on Internet in media. Nepal by Freedom Forum with the Subjects included in this Unit: funding from International Freedom of x Issue of prosecution under Electronic Expression Network (IFEX) Transaction Act over online news x Acharya, B. (2007) . Online news portals x Challenges and future of online media in in Nepal: An exploratory study Nepal (Unpublished M.A. Thesis). Purvanchal x Provisions of Online media in IT Bill University. 2075 x IT Bill 2075

105 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 17 E-Commerce and E-Governance in Nepal Objective of the session: x Means of payment on e-commerce

x In this session, the participants will be x Role of e- Governance in governence familiar about e-commerce and e- system governance and role of e-governance in x The E-Government Master Plan ruling governance system Reference Material Subjects included in this Unit: x Cyber Laws by Dr. Gupta and Agrawal x Concept of e-Commerce and e- Premier Publishing Company, 2008 Governance x A Practical approach to Cyber Laws, By x Types of e-commerce K. Mani's, Kamal Publication, 2008 x Dispute resolution mechanism on e- x Cyber Law Simplified by Vivek Sood, commerce Tata McGraw-Hill Publication, 2003

x Relation between e-commerce and e- x The E-Government Master Plan Governance x Consumer protection on cyber space Session 18 E-Attorney Project and future plan of OAG IT sector

Objective of the session: Subjects included in this Unit: x At the end of the session participants will x Introduction to the E-Attorney Project aware about the E-attorney projects in x Ongoing projects of the OAG in the IT Office of the Attorney General as well as Sector they will be gain the knowledge about Reference Material future planning of IT sector of Office of x Annual Planning of OAG, IT Department, the Attorney General. 2075 x Strategic Plan of OAG ( 2072-2077) Session 19

Nature and types of Cyber Crimes

Objective of the session: x Various types of cybercrimes (financial x At the participants will be familiar with crimes, cyber pornography, online the nature, jurisdiction and types of gambling, forgery and email spoofing, cybercrime. cyber defamation, web defacement, data Subjects included in this Unit: diddling, denial of service, virus attacks, cyber terrorism, cyber vandalism etc.) x Introduction of cyber crimes x Jurisdiction of Cyber Crime Nature of cyber criminality x x Recent trends in cybercrimes

106 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Reference Material x Legal Jurisdiction over malware –related x Information Technology Law Fourth crimes: From theories of jurisdiction to Edition, Routledge Publication 2012 solid practical application-2012 Computer x Cyber Crime, Key issues and debates By law & security review by R. Rahman Alisdair A.Gillespie First Edition 2016 x People vs. World Interactive Gaming x Computer Laws Edited By Chris Reed, Corp., et al. (QDS: 22310325, 1999 N.Y. Third Edition Universal Law Publishing, Misc. Lexis 425 (Sup. Ct. N.Y.Co., July 1996 24, 1999)Cited from http://www.internetlibrary.com/cases/lib_case6 x Information Technology Law By Dr. S.R. 5.cfm Myneni First Edition, Asian Law House, x Macquarie Bank Inc v Berg [1999] 2013 NSWSC 526. Cited from x Cyber Law Simplified by Vivek Sood, https://wikijuris.net/cyberlaw/jurisdiction Tata McGraw-Hill Publication, 2003 Session 20 Challenges in Cyber Crime Investigation

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

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

107 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 22 Cybercrimes and their Relation with Other Crimes

Objective of the session: x Cyber laws, Premier publishing company, x In this session, participants will be 2008 informed about the relationship between x Cyber Crime, Key issues and debates By cybercrime and organized crime including Alisdair A.Gillespie First Edition, 2016 other crimes. x Law of Cyber Crime (India & Abroad) by Subjects included in this Unit: D.K. Ganguly, Dwivedi law agency x Essentials of Information Technology Law Child pornography and Cyber crime x by Sujata Pawar & Yogesh Kolekar, Terrorism and Cyber crime x Indian Notion Press, 2015 x Other forms of organized crime x Cyber Laws- K. Mani, Kamal Publishers, Reference Material: 2008 x Optional protocol to the UN Convention x Yvonne Jewker and Majid yas hand book on the Right of the child on the sale of of Internet Crime, willan Publishing children, child prostitution & child x Joshi Nayan, Electonic Evidence p.g. pornography (OPSC)-2000 184,187,188 Session 23 New Trend of Cyber Crime Objective of the session: x Phishing

x In this session participants shall do x Extortion effective prosecution after getting x Unlawful Publication / Distribution knowledge about the new trends and x Threat calls using technologies methods of the cybercrimes. x Business Email compromise Subjects included in this Unit: x Social Networking Sites (Social Media) x Ransomware Emerging trend of Global Cyber crime x Email threats x Internet cyber crime x Cyber Stalking x Social media x Hacking x Advanced persistent attacks x Cyber Bullying x Ransomware x Fraud Using Technologies x Attacking the internet of Things x VOIP (call bypass) x DDos of through botnet assisted malware Reference Material: x Continued data theft x https://ictframe.com/contemporary-issues-in- x Hacking cyber-security-law-of-nepal/ x Dark web(Dark net) x https://www.lawctopus.com/wp- x Crypto currency content/uploads/2018/05/Brochure- x Phishing Edited-Book-Cyber-Law.pdf x Stolen identities x ljB'tLo sf/f]af/ Pg @)^# ;DaGwL s;"/x¿sf] x Emerging trends of cybercrime in Nepal cj:yf ;DaGwL k|ltj]bg,dxfGofoflwjQmfsf] x Identity theft sfof{no,@)&$

108 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Essentials of Information Technology Law x The Lawyer's Guide to Social Networking, by Sujata Pawar & Yogesh Kolekar, John G. Browning, Thomson Reuters, Indian Notion Press, 2015 South Asian Edition ,2012 x Cyber Laws- K. Mani, Kamal Publishers, x Thomson Reuters, South Asian 2008 Edition ,2012 x Joshi Nayan, Electonic Evidence, p.g. 193 Session 24 VoIP and Call Bypass Objective of the session: x Differences between VoIP and Call x In this session participant will be familiar Bypass about the concept of VOIP and call by x Some Cases of VOIP and Call Bypass pass as well as differences in between. Reference Material: Subjects included in this Unit: x https://transnexus.com/whitepapers/introductio n-to-voip-fraud/ x Concepts of Voice over the Internet x Cyberspace and the cyber law – Narayan Protocol (VoIP) and Call Bypass or Prasad Sharma, published by Koselee Bypass Fraud Prakashan, 2015 x Vishing (Voice+phishing) x https://transnexus.com/whitepapers/introd uction-to-voip-fraud/ Session 25 VoIP and Call Bypass investigation and major cases

Objective of the session: x Can Call Bypass be legalized? x In this session participants will be familiar x Some major cases about the mode and methods of VoIP and Reference Material: Call Bypass related cybercrime, x https://thehimalayantimes.com/kathmandu difficulties in investigation on such cases /man-arrested-operating-illegal-call- and damage incurred from Call Bypass. bypass-system/ Subjects included in this Unit: x Cyberspace and the cyber law – Narayan x Modus operandi and major cases of Call Prasad Sharma, published by Koselee Bypass Prakashan, 2015 x Difficulties in investigating Call Bypass x http://bswan.org/bypass_fraud_evolves.as x Losses or harms incurred from Call p Bypass Session 26

Computer and Data Security

Objective of the session: data security and cyber security and its x In this session participants will be known challenges. about the condition of computer security, Subjects included in this Unit: x Network Security

109 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Data Security Reference Material:

x Data Security Principle x Cyber Law and Crime By Barkha and U. x End-point security Rama Mohan third edition Asian Law x E-payment system and Payment Gateway House 2011

x Security Measures x https://www.weblinknepal.com/blog/4/onl x Legal Provisions ine-payment-gateway-in-nepal.html x Areas to take Precautions access on 12 March 2019

x Challenges to the security x Information Technology Law- S.R. Myneni, Asian Law House x Information Technology Law- Diane Rowland & Elizabeth Macdonald, Cavendish publishing Ltd, 1997

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

Session 28 Investigation Status of Cybercrimes and its Challenges in Nepal

Objective of the session: x In this session participants will be familiar Reference Material: about the condition and challenges of x Cyber Law and Crime By Barkha and U. cybercrime investigation. Rama Mohan third edition Asian Law Subjects included in this Unit: House 2011 x Pitfalls in investigation x Challenges of cybercrime investigation

110 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Essentials of Information Technology Law Gupta, Chandra. (2011). Systematic by Sujata Pawar & Yogesh Kolekar, Digital Forensic Investigation Model. Indian Notion Press, 2015 International Journal of Computer Science x https://ictframe.com/cyber-law-and-its- and Security. 2011-118. challenges-in-nepal/ x Nelson, B., Phillips, A., & Steuart, C. x Kent, K., Chevalier, S., & Grance, T. (2016). Guide to Computer Forensics and (2006). Guide to Integrating Forensic Investigations: Processing Digital Techniques into Incident. Evidence. 5th ed. Boston: Cengage x Agarwal, Ankit & Megha Gupta, Ms & Learning. Saurabh Gupta, Mr & Gupta, Yatendra &

Session 29 Prosecution of Cybercrimes and its Challenges in Nepal

Objective of the session of the unit: x How can the prosecution regime be x In this session participants will be familiar strengthened? about the condition and challenges of x Case Study cybercrime prosecution as well as court Reference Material: perspective on it. x https://ictframe.com/cyber-law-and-its- Subjects included in this Unit: challenges-in-nepal/ x Decision of Court on Some cases of Cyber x Cooperation of the victim and witnesses in crime prosecution x Essentials of Information Technology x Challenges to criminal justice system Law by Sujata Pawar & Yogesh Kolekar, x General attitude of judiciary in deciding Indian Notion Press, 2015 cyber cases Session 30 Cybercrimes and the Areas of International Cooperation Objective of the session: x Evidence collection and acquisition x In this session participants will be familiar x Interagency cooperation about the International assistance and x Exchange of information and experiences cooperation regarding the investigation and collection of evidences of the Reference Material: cybercrimes. x https://www.unodc.org/e4j/en/organized- Subjects included in this Unit: crime/module-11/key-issues/mutual-legal- x Mutual legal assistance assistance.html access on 12 March 2019 x Extradition x https://ngm.com.au/cybercrime-mutual- x Joint investigation legal-assistance/ access on 12 March 2019

111 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 31 Cybercrimes and Human Rights

Objective of the session: x Social Networking Sites in relation to x In the participants will be familiar about Human rights. the measures to maintain privacy during x Art. 19 of Universal Declaration of the investigation and prosecution in Human Rights accordance with international human Reference Material: rights values. x Information Technology Law By Ian J. Subjects included in this Unit: Lloyd Fourth Edition Oxford University

x Rights to privacy and its scope x Cyber Rights Defencing free speech in the x Crime investigation and privacy Digital Age By Mike Godwin protection measures x Issues in Cyber Space- Jan Samoriski x Role of service providers in privacy rights' x Shreya Singhal v. Union of India, AIR protection 2015, SC 1523

x Legal provision regarding privacy rights x Personal Privacy related Act, 2075 protection x UDHR, 1948

x Data Protection and compensation x Internet Law, By Chris Reed, Universal Law Publishing Co., second edition, 2010

Session 32 The role of Government Attorney during pleading and defending the cases relating to cyber crime Objective of the session: Subjects included in this Unit: x In this session participants will be familiar x Pleading in the cases of cyber crime about the measures for effective pleading x Presentation of evidences and defending the cases relating to x Art of advocacy cybercrimes. x Measures to make effective defense x Coordination with other 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: Subjects included in this Unit: x In this session participants will be familiar x Problems in Investigation about the challenges incur in investigation x Challenges of prosecution and prosecution of cybercrimes and x Solutions to address the challenges solutions to settle such issues.

112 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

6. Gender and Juvenile Justice

113 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

114 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

6. 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: x Concept, fundamental principles and International practices of Gender Justice and Juvenile Justice. x Legal Provisions, doctrines propounded by Supreme Court and precedents relating to Gender Justice and Juvenile Justice. x Can give directives for crime investigation as per the concept of Gender Justice and Juvenile Justice. x 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

115 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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 : x Compilation of Landmark Judgments At the end of the session, the participants shall: related to Gender Justice, NJA, 2066 x Know about the conceptual aspects of x Krishnajiwi Ghimire, Gender Justice and Gender Justice Aspects of Judicial Administration, 2075 x Be able to state the fundamental (n}lËs Gofo, Gofo k|zf;gsf cfofdx¿, subjects/topics of gender justice @)&%) x Be acquainted with the judicial x Annapurna Rana v. Kathmandu District perspective on gender justice Court NKP 2055 Vol.5 DN. 6588 Subjects included in this Unit x Meera Dhungana v. Law and Justice x Concept of equality and types of equality Ministry and others, NKP 2052 Vol.6 DN. x Gender justice and gender equality 6013 x Various perspectives on gender justice x Reena Bajracharya v. RNAC, NKP 2056 x Feminist Jurisprudence on Gender Justice Vol. 5 DN 6898 x Patriarchal Values and Legitimized x Advocate Prakash Mani Sharma v. Discrimination Ministry of Women and Children, NKP x Fundamental subjects and aspects of 2065 Vol. 8 DN. 2005 gender justice x Basundhara Thapa v. HMG, NKP 2060 x Present situation of Gender Justice Vol. 5 DN. 7217 x Identification of problems and solutions x Meera Dhungana v. Office of Prime Reference Materials Minister and Council of Ministers, NKP x Constitution of Nepal 2064 Vol. 6 DN. 7854 x Gender Justice, Srot Sangalo, National x Chanda Bajracharya v. Parliament Judicial Academy (NJA) Secretariat and others, NKP 2053 Vol 7 x Source Materials on Human Rights in DN. 6223 Judicial Administration, National Judicial x Collection of International Human Rights Academy, Part 2 Instruments to which Nepal is a State party, Ministry of Foreign Affairs, 1998

116 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Control the crime against women and x Surendra Bhandari, Court, Constitution children (theoretical concept, law and and Globle Public Policy judicial perspective) x Supreme Court of Nepal on Gender x Gender Justice, Citizenship and Equality and Access to Justice, Himal Development, Edited by Maitrayee Innovative Development and Research, Mukhopadhyay and Navsharan Singh, 2018 Jointly published -2007) by Zubaan, an x Sandra Walklate, Gender, Crime and imprint of Kali for Women, and the Criminal Justice, William Publishing, International Development Research 2001 Centre x Jaya Sagada, Vedna Jivan Christine Forsth, x Gender Justice, Development, and Rights, Ferninishr in the subcuntiond and beyind, Maxine Molyneux and Shahra Razavi challenging laws

Session 2 International Documents related to Gender Justice and Nepal’s Commitment

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

117 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 3 National policies, laws and mechanism on gender justice

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

Session 4 Provision of Gender justice on National Code

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

118 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 5 Gender Justice and Citizenship:

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

Session 6 Rights of Victim of Crime

Objective of the session: Subjects included in this Unit: The participants at the end will be: x Basic values and principles of Victim of x Informed about legal provisions on Rights Crime. of Victim of Crime. x International legal system with the x Introduced them about activities to protection to Victim of Crime. execute the rights of crime victim during x Constitutional and legal rights of victim of investigations, prosecution and adjucation crime. of justice. x Protection of victim during investigation, prosecution and hearing.

119 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Importance of protection of Victim of x Basic Principles of Justice for Victims of Crime. Crime and Abuse of Authority Declaration, x Protection of Victim in regards to gender 1949 justice. x International Criminal Court, Rome x Role of Supreme Court in Protection and Statute, 1198 Promotion of Victim of Crime. x United Nations Convention against x Role of Prosecutors of Victim of Crime. Corruption,2003 Reference Materials: x Nepal Government v. Bishnu Kapri et.al., x Constitution of Nepal 2072 NKP 2075 Volume 11 Decision no: 10144 x The Crime Victim Protection Act 2075 x Pawan Kumar Yadav v. Nepal x National Criminal Code 2074 Government, NKP 2067 Volume 11 x National Criminal Procedural Code 2074 Decision no: 8498 x Organised Crime (Prevention) Act 2070 x Jyoti Lamsal Paudyal v. Nepal x Human Trafficking and Transportation Government, NKP 2067 Volume 11 (Control) Act 2064 Decision no: 8507 x Blaming witch ( Crime and Punishment) x Shankar Kumar Shrestha, Victim Relief, Act, 2072 Pairavi Publication x Guidelines for maintaining confidentiality x Ramdevi Parajuli, Rights of Victim of in handling of special cases. Crime, Dimensions of Justice Administration

Section 7 Legal provisions related to the Protection of Witness:

Objective of the session : x Problems observed in Protection of The participants at the end of the session will Witness and influence in administration of be: justice. x Informed about the subject of importance x Responsibility of Prosecutors. and justification of Witness Protection, Reference Materials: x Sensitive during administration and x Constitution of Nepal, 2072 execution of the provision on Protection x Human Trafficking and Transportation of Witness. (Control) Act 2064 Subjects included in this Unit: x National Criminal Procedural Code, 2074 x Constitutional and legal provision on x Organised Crime (Prevention) Act, 2070 Protection of Witness. x Guidelines for maintaining confidentiality x New values developed regarding in handling of special cases, 2064 Protection of Witness. x Basic Principles of Justice for Victims of x The Efforts for Assisting and Protecting Crime and Abuse of Authority Declaration, Witness. 1949 x General knowledge of International x International Criminal Court, Rome Conventions and treaties regarding Statute, 1198 Protection of Witness. x United Nations Convention against x Judicial perspective of Supreme Court on Corruption,2003 this subject.

120 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x United Nations Convention against x Uma Tamanag v. Nepal Government, NKP Transnational Organised Crime 2000 2070 volume 11 Decision no: 9078 x Jyoti Lamsal Poudyal v. Nepal Government, NKP 2067 Volume 11 Decision no: 8507 Session 8 Procedural Provisions for the protection and promotion of gender justice

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

Objective of the session: Participation in judicial proceedings, The participants at the end, will be: Compensation and Rehabilitation x Introduced about impact on justice x Guidelines in International Instruments for administration by identification of Victim Identification of Victim of Crime of Crime x Problems arising during identification of x Conscious to identify the crime of victim Victim of Crime while investigating and prosecuting the x Challenges and Problems occurring in crime identification of the victim of crime on Subjects included in this Unit: Human Trafficking and Transportation. x Importance of identification of victim. x Procedural and Legal Aspects for x Identification of Victim of Crime for identification of victim of crime and its Protection and Security of crime victim, implementation status.

121 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Solutions to the problems occurring in x Second Five Year Strategic Plan by Office identifying the victim of crime. of Attorney General Reference Materials x Shankar Kumar Shrestha, Victime Relief, x The Crime Victim Protection Act, 2075 Pairavi Publication x National Criminal Pocedural Code, 2075 x Order in Writ of Devaki Pokhrel x https://aspe.hhs.gov/report/identifying- x United Nations Convention against victims-human-trafficking-inherent- Transnational Organised Crime 2000 challenges-and- promising-strategies-field x https://www.baliprocess.net/regional-support- x https://aspe.hhs.gov/report/study-hhs- office/policy-guides-on-identification-and- programs-serving-human- trafficking- protection-of-victims-of-trafficking/ victims/what-are-challenges-identifying- x Trafficking in Persons in Nepal National victims Report, National Human Right Commission(NHRC), 2018

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

122 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subjects included in this Unit: x Nepal government vs. Prakash ojha, NKP x Background of Human Trafficking offence 2073- vol 6, Decision no. 9621 x Major causes and objectives of Human x Nepal government vs. Som bahadur Trafficking Tamang, Supreme Court Bulletin 2073 x Constitutional and legal provisions against Poush 1 Page 37 Human Trafficking x Yogh bahadur lama vs. Nepal government, x Major provision of Laws regarding NKP 2073-vol no.1, Decision no. 9525 Human Trafficking and Transportation x Lok bahadur k Decision no. karki vs. x Elements of Human Trafficking and Nepal government, NKP 2072- vol no. 2, Transportation offence Decision no. 9346 x Types and nature of Human Trafficking x Shyam bhanarup bahadur Chhetri vs. and Transportation offence Nepal government, NKP 2068- vol no. 12 x Comparative study of legal provision of Decision no. 873 foreign countries regarding Human x Nepal government vs. Khem raj Pandey, Trafficking and Transportation (UK, India, NKP 2066- vol no. 6 Decision no.8166 USA and China) x Ful mati Shrestha (Maharjan) vs. His x The existing scenario of Human majesty Government, NKP 2066- vol no. Trafficking and Transportation offence 8 x The principles interpreted and justified by x Uttam lama vs. His Majesty Government, the Judiciary during implementation of NKP 2061- vol no. 9 this act x His Majesty Government, NKP 2061- vol x Introduction of human smuggling offence no. 9 x Interrelationship between Human x His Majesty Government vs. raj Tamang, Trafficking and human smuggling offence NKP 2064- vol no. 4 x Challenges faced during criminal x Crimes against human dignity and investigation in case of Human Nepalese law, Office of Attorney General, Trafficking and Transportation Nepal x Role of prosecutors in the investigation, x Trafficking in persons in Nepal National prosecution and sanction process in case Report, National Human Rights of Human Trafficking and Transportation Commission (NHRC), 2018 Reference material x Smuggling and Trafficking human beings: The phenomenon, the markets that drive it Constitution of Nepal x and the organization that promote it, Human Trafficking and Transportation x European journal on criminal policy and (control) act, 2064 research 9 (2): 163-195=June 2001 x Human Trafficking and Transportation x United Nations transnational organized (control) regulation, 2065 crime and its Protocals x Prosecution policy and guidance from the x Dr. Ishita Chalterje, Gender Justice and Office of Attorney General Feminist Jurisprudence Central Law Annual report of Attorney General Office x Publicatioins, p.g. 365 Nubu Yangcho v. Nepal Government, x NKP 2075, vol 10, Decision no. 10118

123 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 12 Prevention of Sexual Harassment in work place and Act Against abortion

Objective of the Session: x Sharmila Parajuli vs. Ministry Secretariat Participant in the end of session will be including Cabinet Secretariat, NKP 2061- vol no. 10 Decision no. 7449 x Introduced about the legal provision x Prakash Mani Sharma vs. Prime Minister related sexual misconduct at the work including Council of Ministry, NKP 2065 place Decision no. 7995 x Informed about the offence against x Prakash Manishama vs. Prime Minister abortion. and Council of Ministry, NKP 2065 Subjects included in this Unit: Decision no. 8005 x Introduction on sexual misconduct and x Crimes against human dignity and harassment at the workplace Nepalese law, Office of the Attorney x Concept, Generation Gender Bias, Unseen General, Nepal barriers x Vishaka and others vs. state of Rajasthan x Subject matter covered by the law against and others, 1997 sexual misconduct in work place x Discrimination (employment and x Institutional efforts to prevent sexual occupation) convention, 1958 misconduct in work place x Universal declaration of human right, x Judicial perspective 1959 x Challenge and application of legal x International affiliation on economic, provision of sexual misconduct in work social and cultural rights 1966 place x Convention on right of child, 1959 x Locus standi for sexual misconduct in x The convention on elimination of all work place and and areas of improvement forms of discrimination against women, x Things to be considered by the 1959 prosecutors during investigation, x Alok Bhasin, Sexual Harrasment at work prosecution and proceedings in the crime place against abortion x Michael Lonnolly, Townshend smith on Reference material Discrimination Law, Text, cases, and x Constitution of Nepal materials p.g. 35-63 x Prevention of sexual misconduct in work place, 2071 Session 13 Offence related to witch craft and offence related to marriage Objective of the session: and polygamous marriage with regards to Participants at the end of session will be: values rendered by the laws. Subjects included in this Unit x Informed about legal provision related witch craft offence and offence relating to x Offence against witch craft marriage x Legal provision regard to this

x Competent to investigate and prosecute x Judicial perspective offence against witch craft, child marriage x Legal provision regarding child marriage and polygamous marriage 124 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Things to be considered during x Respondent: Ashok Thapa in favor of investigation in regard to these crime Dhana bahadur Thapa vs. Nepal x Things to be considered during government in response of F.I.R from prosecution and proceedings in regard to Kalpana Thapa in the case of polygamous these crime marriage, NKP 2059- vol no. 11-12 page Reference material no. 787 Decision no. 7158 x Charges of witchcraft (crime and x Respondent: Ramji prasad Upadhaya vs. punishment) act, 2072 Nepal government in response of F.I.R x National criminal code, 2074 from Saraswati Upadhaya, NKP 2070- vol x Resma Thapa vs. Home ministry, NKP no. 1 Decision no. 8951 2062- vol no. 2 Decision no. 7498 x Nepal government in response of x Crime against human dignity and Narendra kumar Katuwal F.I.R vs. Nepalese law, Office of the Attorney respondent: Kumar Thapaliya, NKP 2064 General, Nepal Decision no. 7884 x Sanju Mahato vs. Nepal government, NKP x Respondent: including Kamal Mohan 2074- vol no. 8 Decision no. 9861 Chapaghai vs. Nepal government in x His Majesty government vs. case of response of Dev Chapaghai F.I.R, NKP polygamous marriage including indris 2068- vol no. 11 Decision no. 8716 Miya, NKP 2044- vol no. 2 page no. 259 x Nepal government vs. Shiva prasad Decision no. 3011 Pandey, year 2071 Assar 24 Supreme x Respondent: including Deepak Pandey vs. Court Bulletin vol no. 14, 2071 Kartik 2nd, plaintiff: through F.I.R of Saraswati Full mark 536 (069-CR-908) Pandey (Adhikari) in His majesty x Nepal government vs. including Raj government, NKP 2063- vol no. 5 Gurung, Supreme Court Bulletin 2071 vol Decision no. 7694 no. 21- Falgun 1, Full mark 543page no. 29 (065-CR-545) Session 14 Offence against Domestic Violence and its controlling measures

Objective of the session: x Information on the provision of the Participants in the session will be: international conventions on human right against domestic violence x Conceptually clear about domestic x Institutional efforts to reduce domestic violence and offences related with it. violence x Informed about the provisions of national x Role of supreme court to minimize and international laws regarding the domestic violence subject matter. x Problem faced during the prevention of Subjects included in this Unit domestic violence and the measures for its x Conceptual aspects of domestic violence solution x Nature and features of domestic violence Reference material x Feminist perspectives gender and violence x The convention on the elimination of all Nepalese law in the prevention of x form of discrimination against women, domestic violence and its condition of 1959 implementation

125 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Convention against torture and other cruel x Meera Dhungana vs. Law and Ministry of inhuman or degrading treatment, 1989 Justice including Marital rape x Crime against human dignity and x Jeet Kumari Pangeni vs. including Prime Nepalese law, Office of Attorney General Minister and Ministry of Council, NKP Office 2065- vol no. 6 Decision no. 7973 x Declaration on end of violence against x Dil bahadur Vishwakarma vs. including women, 1993 Prime Minister and Ministry of Council, x Domestic violence (crime and punishment) NKP 2062- vol no. 4 Decision no. 7531 act, 2066 x Jyoti Paudel vs. including Prime Minister x Domestic violence (crime and punishment) and Ministry of Council, NKP 2066- vol regulation, 2067 no. 12 Decision no. 8282 x Report of united nations special rapporteur x Nepal government vs. Radhika Shrestha, on violence against women (1994-2003) NKP 2071 Decision no. 242 x Human right in administration of justice, x Regina vs. R…. (1992) 1 AC 599 National Judicial Academy, 2071 x Peoples vs. Liberta, 64 NY 2nd (1984)

Session 15 Sexual Violence and Gender Justice

Objective of the session: x Criminal investigation, prosecution and Participants in the end of session will be: hearing along with role of prosecutors in protection of victim Introduced about sexual violence, x Reference material especially of laws on sexual offences

x Acquainted with the theoretical concept x National Penal code, 2074 undertaken by such law and pragmatic x National criminal procedure code, 2074 challenges while implementing them. x Resource Material of National Code, Subjects included in this Unit Office of the Attorney General, Nepal x Sandeep Nepali vs. Nepal government, Introduction about sexual offence x NKP 2075- vol no. 12 Decision no. 10148 x Types of sexual offence x Jeet Kumari Pangeni vs. Prime Minister Rape x including Ministry of Council, NKP 2065- Marital rape x vol no. 6 Decision no. 7973Kha x Rape took place in detention center x Sapana Malla Pradhan vs. including Offence relating to attempt to rape x Ministry of Law and Justice, NKP 2065- Rape within incest x vol no. 11 Decision no. 8038 x Provision included by National criminal x Raju prasad Chapaghai vs. Nepal code government, NKP 2073- vol no. 2 Unnatural sex x Decision no. 9547 x Investigation and prosecution in offence x Ghana shyam Tamoli vs. Nepal related to rape government, NKP 2051- vol no. 3 x Judicial perspective x His Majesty government vs. Deepak Special arrangements for hearing x Bhandari, NKP 2059- vol no. 5 and 6 (continuous hearing)

126 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x His Majesty government vs. Rajesh KC, x Bam bahadur Chhetri vs. Nepal NKP 2060- vol no. 5 and 6 government, NKP 2075- vol no. 5 x His Majesty government vs. Tulsi Decision no. 10019 Wakkhyo, NKP 2063- vol no. 10 x Molhusen Hendrick vs. Nepal government, x Rakesh Kumar Singh vs. His Majesty NKP 2069- vol no. 7 Decision no. 8860 Government, NKP 2064- vol no. 1 x Deepak Rawal vs. Nepal government, x Prakash Rawal, NKP 2075- vol no. 3 NKP 2075- vol no. 5 Decision no. 10007 Decision no. 9981 x Bhim bahadur Pokharel vs. Nepal x Lakpha Sherpa vs. Nepal government, government, NKP 2063- Decision no. NKP 2073 vol no. 9 Decision no. 9684 7682 x Delhi swaar vs. Nepal government, NKP 2075- vol no. 3 Decision no. 9969 Session 16 The role of prosecutors in Gender Justice

Objective of the session: x Institutional efforts done through the At the end of the session participants will be: Office of Attorney General x Areas of improvement Introduced about the responsibility and x Reference material role of government prosecutors in criminal investigation, prosecution and judicial x Crime victim’s protection act, 2075 proceedings to maintain gender justice. x National criminal procedure code, 2074 Subjects included in this Unit x Victim and witness assistance directives x Second five-year strategic plan of Gender sensitivity in crime investigation x Attorney General’s Office x Gender orientation in crime prosecution x Declaration passed by the National Gender friendly behavior and x Conferences of Government Prosecutors communication x Circulars issued from the Office of the Demand for Continuous hearing x Attorney General for continuous hearing x Protection for victims’ and suspect’s right Session 17 National civil code along with civil procedure code and gender justice

Objective of the session: x share, inheritance and divorce At the end of session participants will be: x The procedural provision to exercise of those right x Introduced about the special provision x Supreme court’s perspective regarding protections of women’s right in Reference material National civil code and civil procedure code x National criminal procedure code, 2075 x Able to apply these issues during x National civil procedure code, 2075 performance of the designated work. x Provision regarded to court rules Subjects included in this Unit x Sapana Pradhan Malla vs. Ministry of Law and Justice, NKP 2053- vol no. 2 Provision regarding protections of x Decision no. 6140 women’s right

127 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Sapana Pradhan Malla vs. Prime Minister x Meera Dhungana vs. Prime Minister including Ministry of Council, NKP 2064- including Ministry of Council, NKP 2061- vol no. 8 Decision no. 7997 vol no. 4 Decision no. 7357 x Lilly Thapa vs. Prime Minister including Ministry of Council, NKP 2062- vol no. 9 Decision no. 7588 Session 18 To behave with Suspected Women and the Role of Prosecutors

Objective of the session: x Gender friendly communication and At the end of session participants will be: behavior x The issues to be disclosed in the statement x Introduced about the behavior towards x Subject to maintain the parties’ privacy suspected women during crime x Provisions of special protection in judicial investigation, prosecution and judicial procedure proceedings and role of prosecutors in Reference material regards of this. x Able to apply these issues during x National criminal procedure code, 2075 performance of the designated work. x National civil procedure code, 2075 Subjects included in this Unit x Provision regarded to court rules x Rules for criminal investigation, 2075 x Rights of suspect and fair hearing x Resource Material of fair hearing, Office Things to be considered during the arrest x of Attorney General of suspected women along with crime x United Nation Minimum Standards for the investigation, prosecution and judicial Treatment of Prisoners, 1955 proceedings x Fundamental principle for the treatment of Sensitivity should applied during the x prisoners, 1990 crime investigation in case of women suspect Session 19 Rehabilitation and Socialization of victim women of crime

Objective of the session: Subjects included in this Unit At the end of session participants will be: x Concept about restorative justice

x Introduced about the conceptual aspects of x Socialization and social adjustment rehabilitation and socialization of women x Provision regarding the socialization and crime victim. rehabilitation in crime investigation

x Able to implement these issues, as per the x Implementation status of those legal values of restorative justice, in crime provisions investigation, prosecution and judicial x Judicial perspective proceedings. x Problem and solution measure overviewed in rehabilitation and socialization of crime victim women

128 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Role of prosecutors regards to subject x Restorative justice and Diversion in matter Nepalese Juvenile Justice System, Office of the Attorney General, Nepal Reference material x Kesari raj Pandit, Restorative Justice x Constitution of Nepal x Crime against women and children, x Crime Victim Protection Act, 2075 Resouce Material, Office of Attorney x Act Relating to Children, 2075 General, Nepal x Human Trafficking and transportation x Guidance for victim protection, Office of (control) act, 2064 Attorney General, Nepal x Domestic violence (crime and punishment) x Basic principles on the use of Restorative act, 2066 Justice Programmes in Criminal Matters, x Restorative justice and national law, study ECOSOC resolution 2002/12 report, National Judicial Academy, Nepal

Session 20 Concept of Juvenile Justice

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

129 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Laxmi prasad Mainali, Juvenile Justice x Samuel M. Davis, Rights of Juveniler, System in Nepal, Pairavi Prakashana, South Asian Edition. 2016

Session 21 National legal provisions related to Juvenile Justice:

Objective of the session: x Laxmi Prasad Mainali, Juvenile Justice At the end of this session the participants will System in Nepal, Pairavi Prakashan, be: 2016 x Informed about the National Legal x Bal Krishna Mainali vs. Home Ministry, provisions for the Juvenile Justice. 2053 B.S. Wo no. 3505, Date of decision: x Able to implement the Juvenile Justice 2058/4/23, Procedure x Ashish Adhikari vs. Bak District Court, Subjects included in this Unit: 2057 B.S. Wo no. 3390, Date of decision: x Guidelines in the Constitution regarding 2057/12/2, Juvenile Justice, x Ashish Adhikari vs. Dhankuta District x Provisions set by the Act relating to Court, 2057 B.S. Wo no. 3505, Date of Children, decision: 2058/8/28, x Provisions in the National Criminal x Tara Devi Khannal vs. (Procedure) Code, Court, 2058 B.S. Wo no. 21, Date of x Issues incorporated in the Juvenile decision: 2058/10/22, Justice procedure, x Saubhagya Shah vs. District x Issues to be considered during criminal Administration office, Kathmandu, 2065- investigation and prosecution by WH- 0007, Date of decision: 2065/7/18, prosecutors, x Ashish Adhikari vs. Ministry of Home x Judicial Perspective Affairs and others, 2058 B.S., Wo no. 70, Reference Materials: Date of decision: 2058/12/13, x Constitution of Nepal x Ashish Adhikari vs. Ministry of Home x Act relating to Children, 2075 B.S. Affairs and others, 2058 B.S., Wo no. 105, x National Criminal (Procedure) Code, Date of decision: 2059/5/3, 2074 B.S. x Ka Kumar Choudhari v. Nepal x Juvenile Justice Procedural Rules, 2064 Government, criminal case no. 2715 of B.S. 2059, orde r date: 2064/2/28 x Resource materials of Juvenile Justice, Office of Attorney General, Nepal x Juvenile Delinquency, Edited by Prof. Dr. Laxmi Prasad Mainali and Rom Thapa, Juvenile

130 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 22 Diversion

Objective of the session: At the end of this session the participants will be: Reference Materials: x Introduced about the concept of the x Act Relating to Children, 2075 B.S. diversion, x Juvenile Justice Procedure Rules, 2064 x Acquainted with the provisions of B.S. national law regarding the diversion. x Materials related to juvenile justice, Subjects included in this Unit: Office of Attorney General, x Concept of diversion, x Restorative Justice and Diversion in x Standard of diversion, Nepal’s juvenile Justice System, Office x Preconditions of diversion, of Attorney General, x Guidance Principles of diversion, x Ved Kumari, The Juvenile Justice in x Phases of diversion, India from welfare to rights, Oxford x Diversion in Nepalese law (Crime University Press, 2010 investigation, Prosecution and Judicial x Mamta Rao, Law relating to women and proceedings), children, Eastern Book Company, 2008 x Effects of diversion in Juvenile justice x Gus Martin, Juvenile Justice Process and system, System, Sage Publications, 2005 x Judicial perspective, x Juvenile Delinquency, Edited by Prof. Dr. x Role of the prosecutors. Laxmi Prasad Mainali and Rom Thapa, Juvenile Justice x Laxmi Prasad Mainali, Juvenile Ju stice System in Nepal, Pairavi Prakashan, 2016

Session 23 Restorative Justice

Objective of the session: x Effects of retrospective justice in At the end of this session the participants Juvenile Justice System, will be: x Judicial Perspective, x Introduced about the concept of x Role of the Prosecutor. restorative justice, x Fundamental Principles of restorative x Informed about the provisions of justice system, national law regarding restorative justice. x Underlying principles of restorative Subjects included in this Unit: justice, x Concept of restorative justice, The x The stages of restorative justice difference between the punitive justice implementation Process of system and the restorative justice system. Reference Materials: x the restorative justice, x The Act Relating to Children, 2075 B.S. x Provision of restorative justice in x Juvenile Justice Procedural Rules, 2064 Nepalese law, B.S. 131

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Materials related to juvenile justice, x Juvenile Delinquency, Edited by Prof. Dr. Office of Attorney General, Laxmi Prasad Mainali and Rom Thapa, x Restropective Justice and Diversion in Juvenile Justice Nepal’s juvenile Justice System, Office x Laxmi Prasad Mainali, Juvenile Justice of Attorney General, System in Nepal, Pairavi Prakashan, x Ved Kumari, The Juvenile Justice in 2016 India from welfare to rights, Oxford University Press, 2010 x Mamta Rao, Law relating to women and children, Eastern Book Company, 2008 x Gus Martin, Juvenile Justice Process and System, Sage Publications, 2005 Session 24 Juvenile Delinquency Objective of the session: x The Convention on the Rights of the At the end of this session the participants Child, 1989, will be: x The Act Relating to Children, 2075 B.S., x Sensitive on the the subject of Juvenile x Juvenile Justice Guidance, Juvenile Delinquency, Justice Coordination Committee 2073 x Reasonably behave, as per the values of B.S., the Juvenile Justice, during investigation, x Kishor Silwal : "Juvenile Justice System prosecution and judicial proceedings of in Nepal: An Overview" Nepal law the juvenile delinquency. Review vol.18, no 1 and 2 (2005 ) Subjects included in this Unit: x Peter C. Kratcoski & Lucille Kratcoski, x Fundamental Principals and Values Juvenile Delinquency, Printicehall Ink., relating to Juvenile Deliquency, New Jersey, 1979 x Essential elements of juvenile x A Research book on Critical Analysis of delinquency and misconduct, Juvenile Justice System in Nepal. 1st Ed x Delinquency, misconduct and adult Kathmandu crime, x Forum for Protection for Protection of x National and international laws and Peoples Rights, Nepal (2007 ) policies related to Juvenile Delinquency, x Juvenile Delinquency, Edited by Prof. Dr. x Judicial Perspective Laxmi Prasad Mainali and Rom Thapa, x Role of the Prosecutor, Juvenile Justice Coordination Committee x Problems and Solutions. and Tribhuvan University Faculty of Law, Reference Materials: 2017 Session 25 Communication with children Objective of the session: x Able to use the child- friendly At the end of this session the participants communication skills while taking will be: testimonies or information and data from x Identified the issues to be considered children who have involved in criminal whild collecting information and data activities or have been a victim of crime from children Subjects included in this Unit: x Concept of communication

132

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Means of communication x Subject matters to be considered by x Objective of the communication government attorneys x Child-friendly communication skills and Reference Materials: child psychology x Human rights in Justice Administration, x The subject matters to be considered National Judicial Academy while taking testimonies of children and x Communicating with Children, information and data from children Principles and Practices to Nurture, x Effects of child friendly communication Inspire, Excite, Educate and Heal, UNICEF, 2011 Session 26 Child Psychology

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

Session 27 Child reform home Objective of the session: x Matters to be considered while At the end of this session the participants transferring accused to the child reform will be: home x Introduced about the structural x Responsibilities of child reform home organization, functions, duties and x Decisions of court regarding the transfer responsibilities of the child reform home of accused to child reform home x Effectively implement the provision in x Precaution to be undertaken by the which children will be sent to the child government attorney reform home during investigation. x Judicial perspective Subjects included in this Unit: Reference Materials: x Introduction to child reform home x Materials related to juvenile justice, x Functions of Child reform home Office of the Attorney General, Nepal x Process of operation and management of x Bal Krishna Mainali Vs. Home ministry child reform home. et. al, 2056 B.S. , Writ no. 3505, decision date: 2058/04/23

133

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Ashish Adhikari Vs. Banke District x Ashish Adhikari Vs. Home Ministry et. Court, 2057 B.S. Writ no: 3390, decision al., 2058 B.S., Writ no. 105, Decision date: 2057/12/2 date: 2059/ 05/03 x Ashish Adhikari Vs. Dhankuta District x 'Ka' Kumar Chaudhary Vs. Nepal Court, 2057 B.S. Writ no. 3685, Decision Government, 2059 B.S., Criminal Appea; Date: 2058/1/28 Number 2715, decision date: 2064/ 02/ x Taradevi Khanal Vs. Ilam District Court , 28 2058 B.S., Writ no. 21, Decision date: x Udaya Shankar Mandal v. Surkhet 2065/ 07/18 District Court, NKP 2075, vol. 1, x Ashish Adhikari Vs. Home Ministry et Decision no. 9930 al., 2058 B.S., Writ no. 70, Decision date: 2058/12/13 Session 28 Determination and implementation of punishment to children

Objective of the session: x Privacy of the party At the end of this session the participants x Judicial perspective regarding will be: determination of punishment to children x Introduced about the issues to be Reference Materials: considered, while determining x National Penal Code, 2074 B.S. punishment and execution of such x Criminal Offences (Sentencing and punishment, for children who involve in Execution) Act, 2074 B.S. offence, and coordinate to implement x Criminal Offences (Sentencing and such provision Execution) Rules, 2074 B.S. Subjects included in this Unit : x The Act Relating to Children, 2075 B.S. x Principles of determination of x Sentencing Guidelines, Supreme Court punishment x Juvenile Delinquency, Edited by Prof. Dr. x Legal provisions related to the Laxmi Prasad Mainali and Rom Thapa, determination of punishment Juvenile Justice Coordination Committee x Objectives to prioritize children involve and Tribhuvan University Faculty of Law, cases and implied separate punishment. 2017 x Matters to be considered while determining punishment to children Session 29 Child Rights, International Treaties & Conventions and National Commitment

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

134

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

Juvenile Court and Juvenile Bench

Objective of the session: x Problems seen during implementation At the end of this session the participants and solution measures will be: x Public Prosecutor’s representation in x Acquainted with the concept of Juvenile Juvenile bench court. Reference Materials x Informed about Juvenile bench’s x The Act Relating to Children, 2075 jurisdiction and work performance x Juvenile Justice Procedure Rules, process. x Guaidance of Juvenile Justce, Juvenile Subjects included in this Unit Justice Coordination Committee x Specialized Court’s concept x Juvenile Bench Handbook, Juvenile x Juvenile Court’s concept Justice Coordination Committee x Juvenile Court’s Improtance and Reason x Santosh Kumar Mahato v. Prime x Juvenile Bench’s Structure and Minister and Council of Ministers Office Jurisiction including ( Related with Formation of x Judicial perspective on Juvenile Court Juvenile Court) x Juvenile Bench Operation Process x Kalyan K.C. v. District Administration x Juvenile Jusctice Procedure Office including, Kathmandu, Year 2066 x Positive aspects reflected by operation of Writ No. 0025 Decision Date : 2066|6|25 Juvenile Bench x Balkrishna Mainali v. Prem and ….. NKP Decision Number : 7629

135

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 31

Crime against Juvenile and Victim Juvenile’s Protection Objective of the session: x Protection of Crime Victim Juvenile At the end of this session the participants x Involvement of crime Victim Juvenile in will be: judicial proceedings x Introduced about the Crime against x Role of the Prosecutor in Investigation, Juvenile and the measures to be adopted prosecution and Adjudication of Justice for protection of victim Juvenile procedure on Crime against Juvenile Subjects included in this Unit Reference Materials x Crime against Juvenile x The Act Relating to Children, 2075 x Investigation and Prosecution of crime x Crime Victim Protection Act, 2075 against juvenile x National Penal Code 2074 x Justice adjudication procedure of Crime x Juvenile Delinquency, Edited by Prof. Dr. against Juvenile Laxmi Prasad Mainali and Rom Thapa, x Why crime against juvenile is considered Juvenile Justice Coordination Committee heinous crime and Tribhuvan University Faculty of Law, x Provisions laid down by Children’s Act 2017 x Things to be considered during Investigation and prosecution on crime against Juvenile Session 32 Problems and Solution ideas witnessed where women are involved case’s investigation, prosecution and hearing (Panel Discussion) Objective of the session: x The participants shall be divided in three At the end of this session the participants groups to discuss on problematic topics. will be: x Each group shall be focus, discuss and x Identified the problems and proposed the present their conclusion on the problem solution measures regarding crime (Crime against Womens’ (investigation, against Women or women involved prosecution and hearing procedure) criminal cases (investigation, prosecution given by the organizing team. and hearing procedure) based on subjects x Based on the presentation and discussion, learned during training. the panel members and the person Subjects included in this Unit presiding shall give suggestion and x Organizing team shall shed light and guidance. give short statement on Implementation situation of Gender Justice. Session 33 The problems seen in Juvenile Justice and its solution ideas (Panel Discussion)

Objective of the session : x The participants shall be divided in three x The participants are expected to groups to discuss on problematic topics. understand the problems observed during x Each group shall be focus, discuss and Investigation, prosecution and hearing present their conclusion on the problem procedure relating to Crime against (Crime against Juvenile (investigation Juvenile or Juvenile involved cases and prosecution and hearing procedure) suggest possible solutions based on the given by the organizing team. lessons learned during the training. x Based on the presentation and discussion, Subjects included in this Unit the panel members and the person x The organizing group shall shed light presiding shall give suggestion and and give short statement on guidance. Implementation of Juvenile Justice.

136

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

7. Laws relating to Protect Government and Public property

137 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

138 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

7. Laws relating to Protect Government and Public property

Goals of Syllabus x 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: x Concept of property, types of property, fundamental concepts and principles of Government and Public property, x About Possession and Ownership, x Acquisition, transfer, lease and other related subjects on governmental and public property x National and international legal provisions, principles, established precedents and the newly developed values regarding Governmental and public property x Requisition of Guthi land, Property of Nepal Trust and other related subjects x 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

139

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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: x Limitations and restrictions on property At the end of this course, the participants will rights be: x Personal obligation on property x Informed about the concept of property, x Traditional and new concept on property its types, acquisition, usage and Reference materials: termination. x Jurisprudence:Legal Theory, Nomita x Informed about the limitations, liability Aggawal, Central law Publication. and restrictions on property rights. x Salmond on Jurisprudence Sir John Subjects included in this Unit: Willam Salmond, Sweet and Maxwell. x Concept of Property x Laxmi Prasad Kharel, Property law in x Meaning and definition of Property Nepal Comparative study of Muluki x Principles of property Civil Code x Types of property x Gunanidhi Neupane, ;DklQ sfg"g, Pairavi x Concept of ownership and possession Prakashan, 2072 and its differences x Gyaindra Bahadur Shrestha, ;DklQ sfg"g, x Acquisition, usage and termination of Pairavi Prakashan, 2072 property x Land Revenue Act, 2034(1978)

140

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Land (Survey and Measurement) Act, x Jagadish Acharya v. Gopal Dahit, N.K.P 2019(1963) 2075, Vol. 1 Decision No. 9933 x The National Civil Code, 2074(2017) x Khadga Prasad Paiyaag v. Gopa Kirati, x The National Civil Procedure Code, N.K.P 2051, Vol. 5, Decision No. 4919 2074(2017) Session 2 Constitutional provisions and Practices regarding Property Rights Objective of the session: x Laxmi Prasad Kharel, Property law in The participants will be: Nepal Comparative study of Muluki x Informed about the Constitutional Civil Code provisions of Nepal and India on x Mahanta Lal Shrestha v. Office of the property rights and its practice Prime Minister and Council of Ministers, Subjects included in this Unit: NKP 2073, Vol. 12, Decision No. 9735 x Government of Nepal Act, 2004 (1948) x Ramdev Yadav v. Office of the Prime x Interim Government of Nepal Act, 2007 Minister and Council of Ministers, NKP x Constitution of Kingdom of Nepal, 2015 2068, Vol. 8, Decision No. 8665 x Constitution of Nepal, 2019 x Shanti Shrestha v. Malpot Karyalaya, x Constitution of Kingdom of Nepal, 2047 Parsa, NKP 2064, Vol. 2, Decision No. x Interim Constitution of Nepal, 2063 7813 x Constitution of Nepal x Shivalal Pode v. Kathmandu District x (Only on the matters related to property Court, NKP 2064, Vol. 5, Decision No. rights, constitutional remedies and 7852 jurisdiction of the courts, provided by the x Ramkrishna Niraula v. CIAA, NKP 2061, mentioned constitution) Vol. 7, Decision No. 7404 x Constitutional provision of India on x Durga Laxmi Nirwan Sewa Proprietor v. Right to Property and its' practice Illam Municipality, NKP 2061, Vol. 12, Reference materials: Decision No. 7469 x Government of Nepal Act, 2004 x Roman Bahadur Karki v. Department of x Interim Government of Nepal Act, 2007 Inland Revenue, NKP 2061, Vol. 7, x Constitution of Kingdom of Nepal, 2015 Decision No. 7406 x Constitution of Nepal, 2019 x Laxmi Narayan Maharjan v. HMG, NKP x Constitution of Kingdom of Nepal, 2047 2058, Vol. 1 /2, Decision No. 6979 x Interim Constitution of Nepal, 2063 x Mithilas Kumar Singh v. Office of the x Constitution of Nepal Prime Minister and Council of Ministers, x ;+j}wflgs sfg"g, Fridel NKP 2056, Vol. 7, Decision No. 6746 x Gauri Shankhar Rajput v. Singheshwor x ;+j}wflgs sfg"g, Surendra Bhandari Roy Yadav, NKP 2053, Vol. 7, Decision x ;+j}wflgs sfg"g, Gopal Sharma No. 6232 x ;+j}wflgs sfg"g, Kashiraj Dahal x Nanda Kumari Rawal v. x Constitutional Law of India, V.N Shukla HMG,Department of Industry NKP 2050, x Commentary on the Nepalese Vol. 4, Decision No. 4721 Constitution Law, Surya Dhungel et.al x Krishna Prasad Gautam v. Tara Gaun x Constitutional Law of India, D.D Basu Development Committee, NKP 2041, Vol. 8, Decision No. 2075

141

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 3

Government, Public, Community and Private Property

Objective of the Session: x Similarities and differences between At the end of this course, the participants community and private property will be: Reference materials: x Informed about the concept, types, x Land Revenue Act, 2034(1978) similarities and differences between x Land (Survey and Measurement) Act, government, public, community and 2019 private property x Forest Act, 2049(1993) Subjects included in this Unit: x National Parks and Wildlife x Concept of government and public Conservation Act, 2029(1973) property x Aquatic Animal Protection Act, x Concept of community and private 2017(1960) property x The National Civil Code, 2074(2017) x Types of government and public property x The National Civil Procedure Code, (According to Forest Act, Land Revenue 2074(2017) Act, Land (Survey and Measurement) x The National Criminal Code, 2074(2017) Act, National Parks And Wildlife x Naritram Rana v. Office of the Prime Conservation Act) Minister and Council of Ministers, N.K.P x Similarities and differences between 2066, Vol. 12, Decision No. 8280 government and public property x Khadga Prasad Paiyag v. Bhupal Kirati, N.K.P 2051, Vol. 5, Decision No. 4919 Session 4 History on Nepalese Land Administration Objective of the session: x Practices of land survey and At the end of this course, the participants measurement will be: x Arrangement concerning talukdari x Aware about the 's land x Provisions relating to land administration administration. in Muluki Ain, 2020 Reference materials: Subjects included in this Unit: x Muluki Ain,2020 x Land administration before unification of x Muluki Ain, 1910 Nepal x g]kfnsf] Oltxf;: Surya Bikram Gyawali x Land administration after unification of x g]kfnsf] P]ltxfl;s ?k/]vf: Balchandra Nepal Sharma x Provisions concerning land x g]kfnsf] sfg"gL Oltxf;: Bishal Khanal administration in Muluki Ain,1910 x g]kfnsf] sfg"gL Oltxf;: Rewati Raman x Provisions on sanad, ain, sawal etc. Khanal x Various records, facts and examinations x g]kfnsf] sfg"gL Oltxf; hUuf /lhi6«]zg of land measurement carried out in k4ltx? / g]kfndf o;sf] k|of]u, Keshav interval of time Sharma x Athshatha, Ekharpi x hUuf hldg tyf e"ld ;DalGwt sfg"g, x Provision on establishment of Subash Nembang Madesh/Pahad maal in 1993 142

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x g]kfnsf] sfg"gL k|0ffnL / lxGb' ljlwzf:q: x Different provisions on sadan, ain, sawal Gyaendra Bahadur Shrestha etc x Madesh Malko sawal Session 5 Rights over the traditional land system of Nepal

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

Session 6 Provisions regarding Raikar and Birta system in Nepal

Objective of the session: Reference Materials: At the end of this course, participants will be: x Jagga Ra Jagga Kamauna Ko Lagi x Informed about the Raikar and Birta Khada Gareko Ain, 2013 system. x The Lands Act, 2014 Subjects included in this Unit : x The Lands Act, 2021(1964) a) Raikar: x Act Prohibiting the Charging and Taking • Meaning and Introduction to of Amount (Bhatti Charsa etc.) by Birta- Raikar system holder on Birta, 2015(1958) • Legal provisions, Judicial x Birta Abolition Act, 2016(1959) perspective x Land (Survey and Measurement) Act, b) Birta: 2019(1963) • Meaning and Introduction x Land Administration Act, 2024 • Types of Birta x Land Revenue Act, 2034(1978) • Rights, Duties and Limitations x ;DklQ sfg"g: Gunanidhi Neupane of Birta-owner and Tenant x ;DklQ sfg"g: Gyaendra Bahadur • Abolition of Birta and its Shrestha consequences

143

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Kajimananda Bajracharya v. Krishna Decision No. 8962 Bahadur Maharjan, NKP 2070, Vol. 2, Session 7 Provisions regarding Guthi in The Guthi Corporation Act

Objective of the session: • Provision relating to Tenancy of At the end of this course, the participants Guthi land will be: • Informed about the concept, Reference materials: types, features, operation and x Constitution of Nepal legal provisions regarding x The Guthi Corporation Act, 2033(1976) tenants of Guthi land x Ancient Monument Preservation Act, Subjects included in this Unit: 2013 (1956) • Concept of Guthi x Land Administration Procedures, 2063 • Types and Features of Guthi x Land Administration Directives, 2058 • Operation of Guthi x ;DklQ sfg"g: Gyaendra Bahadur Shrestha • Functions, duties and rights of x Prakash Mani Sharma v. Nepal board members of Guthi Government, NKP 2064, Vol. 10, corporation Decision No. 7885 • Various provisions concerning x Tulsi Maya Maharjan v. Pancha Narayan Guthi which are not incorporated Maharjan, NKP 2072, Vol. 12, Decision in Guthi Corporation Act No. 9504 (Swargadwari, Resunga, x Kanchha Ratna Tuladhar v. Maya Devi Devghat, etc.) Tuladhar, NKP 2043, Decision No. 2856

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

144

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 9 Provisions regarding transformation of land administration

Objective of the session: x Registration of Kharka land and its At the end of this course, the participants will consequences be: x Raptidun Bikash Chhetrako Jaminko x Informed about the transformation in the (Bikri Bitaran) Bewastha Ain, 2024 traditional land administration. Reference materials: x Land Administration Act, 2024(1996) Subjects included in this Unit : x Rajya Rajauta (Petty States and Rulers) x End of Talukdari system Act, 2017(1961) x Documents and Records from Talukdari x Pasture Land Nationalization Act, x Management of Land record and Land 2031(1974) administration maintained by x Raptidun Bikash Chhetrako Jaminko Government authority or Government (Bikri Bitaran) Bewastha Ain, 2024 offices x Compilation of Land Related Acts, 2072, x Arrangement of collection of revenue by Department of Land Reformation and government authority or government Management office and auction of land for non- x Compilation of Land Related Rules, payment of revenue Department of Land Reformation and x Abolition of Rajya Rajauta and its Management consequences Session 10 Existing provisions on land survey and measurement

Objective of the session: x Land Measurement Procedures At the end of this course, the participants will x Problems and solutions in Land Survey be: and Measurement x Informed about the existing legal x Judicial Perspective provisions regarding land survey and Reference materials: measurement. x Land (Survey and Measurement) Act, Subjects included in this Unit: 2019(1963) x Introduction to Land Survey and x Land Measurement Regulation, 2058 measurement x Land Administration Directives, 2058 x Legal provisions on Land Survey and x Land Administration Procedure, 2062 Measurement x Prakash Ravi Pradhan v. Sunmaya x Technical aspects of Land Survey and Shrestha, NKP 2072, Vol. 12, Decision Measurement No. 9507 x Procedure to prepare landownership x Satish Chandra Lal Kayastha v. Ananda registration record after survey and Prasad Upadhyaya Aryal, NKP 2049, measurement Vol. 3, Decision No. 4495 x Process to update map records x Pitamber Upadhyaya v. Land Revenue x Weaknesses while updating Land Survey Office Banke, NKP 2046, Vol. 7, and Measurement Decision No. 3883 x Irregularities in Land Survey and Measurement

145

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 11 Provisions on re- survey and measurement

Objective of the session: x Process to update map records At the end of this course, participants will be: x Weaknesses on re-survey and x Informed about the legal provisions on measurement re-survey and measurement of land x Irregularities in Land re-survey and measurement Subjects included in this Unit: x Process to rectify errors and amend maps x Objective and Importance of re-survey x Action against authority for committing and measurement irregularities in land survey and x Legal provisions on re-survey and measurement and re-survey measurement x Problems and solutions x Technical aspects of re-survey and x Judicial Perspective measurement Reference materials: x Procedure to prepare landownership x Land (Survey and Measurement) Act, registration record after re-survey and 2019(1963) measurement x Land Measurement Regulations, 2058 x Land re-survey and Measurement x Land Administration Procedure, 2062 Procedures x Land Administration Directives, 2058

Session 12 Provision on land registration and record

Objective of the session: x Provisions regarding the rectification of At the end of this course, the participants will serious errors made during the operation be: of Land Revenue Office x Informed about the existing legal x Functions, rights and duties of Chief provisions regarding Land Registration Officer of Land Revenue Office and Record. x Appeal on decision made by Land Subjects included in this Unit: Revenue Office x Introduction to land registration and x Problems and Solutions provisions on land registration x Judicial Perspective x Provision regarding the amendment and Reference materials: correction of registration x Land (Survey and Measurement) Act, x Temporary registration 2019 (1963) x Establishment of rights x Land Revenue Act, 2034(1978) x Registration of Government and Public x Land (Survey) Rules, 2058(2001) Land x Land Revenue Rules, 2036 x Process of decision making in land x Krishna Bijayananda v. CIAA, NKP registration 2074, Vol. 8, Decision No. 9866 x Appeal over decision made on land x Bauwalal Shah v. Bishwonath Shah registration Rauniyar, NKP 2066, Vol. 5, Decision No. 8145

146

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Devsharan Pandit v. Bauwalal Shah, Stariya Aayog, NKP 2051, Vol. 5, NKP 2066, Vol. 12, Decision No. 8278 Decision No. 4919 x Rampukar Mandal v. Shahdev Mandal, x Krishna Bahadur Manandhar v. NKP 2055, Vol. 3, Decision No. 6526 Shyamwa Pode, NKP 2042, Vol. 4, x Khadka Prasad Paiyang v. Jhapa Decision No. 2324 District, Ban Sudridikaran, Uchha x Navaraj Mishra v. Medjamel, NKP 2030, Vol. 1, Decision No. 719 Session 13 Provisions for the registration of omitted land

Objective of the session: x Conversion into Raikar At the end of this course, participants will be: x Registration of Birta land x Informed about the legal provisions x Registration of Ukhada land related to registration of omitted land x Registration of Guthi land Subjects included in this Unit: x Judicial Perspective x Introduction to registration of omitted Reference materials: land x Policies Related to registration of x Jurisdiction for registration of omitted omitted land, 2054 land and decision making process x Omitted land registration Procedure, x Omitted Land registration committee 2069 x Proof to be taken into consideration for x Land Administration Directives, 2058 registration of omitted land x Land Administration Procedure, 2062 x Weaknesses in the registration of omitted x Nepal Government v. Sitaram Tripathi, land NKP 2074, Vol. 9, Decision No. 9873 x Possible irregularities during the x Digamber Chaudhary v. Baidyanath Jha, registration of omitted land NKP 2067, Vol. 7, Decision No. 8417 x Actions against the irregularities

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

147

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal c) Problems and solution x Gangadhar Shah et.al. v. Rundhi Khanga d) Judicial Perspective Khatwa, NKP 2073, Vol. 2, Decision No. 9543 Reference materials: x Durgadutta Sigdel v. Nepal Government, x Constitution of Nepal NKP 2068, Vol. 3, Decision No. 8583 x Land Revenue Act, 2034(1978) x Pushpa Neupane v. Legislative x Land (Survey and Measurement) Act, Parliament, NKP 2067, Vol. 7, Decision 2019(1963) No. 8471 x Forest Act, 2049(1993) x Prakashmani Sharma v. Office of the x Local Administration Act, 2028(1971) Prime Minister and Council of Ministers, x Local Government Operation Act, 2073 NKP 2067, Vol. 7, Decision No. 8416 x Land Acquisition Act, 2034(1977) x Narottam rana v. Office of the Prime x Public Roads Act, 2031(1974) Minister and Council of Ministers, NKP x Preservation of Government and Public 2066, Vol. 12, Decision No. 8280 Land Directives x Hedambaraj Parajuli v. Taranath x Land Administration Directives, 2058 Gautam, NKP 2064, Vol. 12, Decision x Land Administration Procedure, 2062 No. 6479 x Krishnaram Bijayananda v. CIAA, Ktm., x Hedambaraj Parajuli v. Head of NKP 2074, Vol. 8, Decision No. 9866 Gandaki Zone, NKP 2054, Vol. 11, 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: x Conditions of acquisition of Inheritance At the end of this course, participants will be: by Nepal Government x Informed about the legal provisions x Provisions of Inheritance to be acquired regarding the transfer of ownership, by Local Level approval of registration of deed, transfer x Provision of inheritance of property of of title, registration, de-registration, the foreigner who died in Nepal cancellation and amendment of deed x Acquisition of inheritance by Nepal concerning house and land. Government Subjects included in this Unit: x Problems and solutions x Transfer of ownership and approval of x Judicial Perspective deeds Reference materials: x Introduction and process of transfer of x The National Civil Code, 2074(2017) title and The National Civil Procedure x Dakhel Kharej Code, 2074(2017) x Conditions for Dakhel Kharej x Land Administration Directives, 2058 x Provision regarding amendment x Land Administration Procedure, 2062 x Amendment on dual registration x Bali Tamang v. HMG, NKP 2044, Vol. x Classification of deeds 3, Decision No. 3040 x Introduction to inheritance x Ramkant v. HMG, NKP 2036, Vol. 1, x Inheritance and Succession order of Decision No. 1238 inheritance

148

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 16 Provisions relating to withhold and release of house and land

Objective of the session: g) Withholding during investigation At the end of this course, participants will be: x Legal provisions on withhold and x Informed about the withhold and release of land release of house and land by Land x Provisions relating to withhold and Revenue Office, conditions for release of land in Muluki Civil Code, withholding house and land, types of 2074 withhold and the process of releasing x Judicial Perspective the with hold. Reference materials: Subjects included in this Unit: x The National Civil Code, 2074 (2017) x General Information on withhold and and The National Civil Procedure Code, release of house and land by Land 2074 (2017) Revenue Office x The National Criminal Code, 2074 (2017) x Conditions for withholding house and and The National Criminal Code, land 2074(2017) x Types of withhold: x Land Revenue Act, 2034 (1978) a) Withholding land beyond ceiling x Land Acquisition Act, 2034 (1977) b) Withholding Government levy x Recovery of Debts of Banks and c) Withholding fines Financial Institution Act, 2058 (2002) d) Withholding for the purpose of and its Rules collection of tax x Land Revenue Rules, 2036 e) Withholding through banks and x Land Administration Directives, 2058 financial institutions x Land Administration Procedure, 2062 f) Withholding during judicial proceedings Session 17 Provisions regarding Land Acquisition Objective of the session: Reference materials: At the end of this course, the participants will x Constitution of Nepal be: x Land Acquisition Act, 2034(1977) x Informed about the legal provisions x Land Acquisition Act, 2018(1961) regarding land acquisition and cross x Immovable Property Requisition Act, off/adjustment. 2013(1956) Subjects included in this Unit: x Highway (Construction Provision) Act, x Concept of land acquisition 2021(1964) x Constitutional provisions on land x Public Roads Act, 2031(1974) acquisition x [The] Kathmandu Valley Development x International practice on land acquisition Authority Act, 2045(1988) x Legal provisions on land acquisition x Ratna rajya Bajracharya v. CIAA, NKP x Problems and solutions 2068, Vol. 12, Decision no. 8737 x Judicial Perspective x Nirmala Shrestha v. Manikadevi Shrestha, NKP 2067, Vol. 6, Decision No. 8402

149

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Karamhussain Khaa v. Ministry of Home x Prem Bahadur Maharjan v. Office of the Affairs, NKP 2066, Vol. 9, Decision No. Prime Ministry, NKP 2061, Vol. 10, 8230 Decision No. 7448 x Netraraj Pandey v. Office of the Prime x Thechar Kumari Rawat v. Ministry of Minister and Council of Ministers, NKP Housing and Physical Infrastructure, 2066, Vol. 6, Decision No. 8170 NKP 2058, Vol. 1/2, Decision No. 6977 x Gyanprasad Manandhar v. The Timber x Indra Kumari Gautam v. Council of Corporation, NKP 2066, Vol. 1, Ministers, NKP 2058, Vol. 1 /2, Decision Decision No. 8058 No. 6970 Session 18 Policies concerning land administration

Objective of the session x Policies relating to the registration of At the end of this course, the participants will omitted land, 2054 be: Reference materials: x Informed about the policies related to x Constitution of Nepal land administration x National Land Use Policy, 2072 Subjects included in this Unit: x Policies relating to registration of x Directive principles, policies and government land and granting lease, obligations of the State under 2071 Constitution (Laws related to Land) x Policies relating to registration of x National Land Use Policy, 2072 omitted land, 2054 x Policies relating to registration of government land and granting lease, 2071 Session 19 Authorities involved in land administration and its record management

Objective of the session: x Authority responsible for preservation of At the end of this course, participants record will be: x Problems and solutions x Informed about the institutions involved x Judicial Perspective in land administration and its record Reference materials: management x Land Revenue Act, 2031(1978) Subjects included in this Unit: x The Lands Act, 2021(1964) x Land-Revenue Office x The Guthi Corporation Act, 2033(1976) x District Administration Office x Right to Information Act, 2064(2007) x Land Reform Office x The Privacy Act, 2075(2018) x Survey Office x Act related to Privacy of documents, x Guthi/Trust Office 2039 x Record Management x Rules for Demolishing Governmental x Legal provisions on preservation of Documents, 2027 record

150

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 20 Preservation of Government property, Public property and Heritage

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

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

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

151

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 22 Concept of Company and Preservation of property of the companies having government ownership or its investment

Objective of the session: x Functions, duties and rights of Annual At the end of this course, the participants General Meeting will be: x Functions, duties and rights of Board of x Informed about the concept of the Members company and the legal provisions for the x Companies owned or invested by the preservation of the property of the government in Nepal companies having government x Management and preservation of the ownership or its investment Companies owned or invested by the Subjects included in this Unit: government in Nepal x Concept of company x Problems and solutions x Share and debenture; and rights and x Judicial Perspective duties of shareholder and debenture Reference materials: holder x Companies Act, 2063 x Memorandum of Association (MOA) and Article of Association (AOA) Session 23 Property related laws in Civil Code -1

Objective of the session: x Chapter-2 Provisions relating to At the end of this course, the participants will ownership and possession be: x Chapter-3 Provisions relating to use of x Informed about the legal provisions on property property, ownership and possession of x Problems and solutions property; and the use of property in x Judicial Perspective Muluki Civil Code, 2074 Reference materials: Subjects included in this Unit: x The National Civil Code, 2074(2017) x Chapter-1 General provisions relating to x ;DklQ sfg"g, Gyaendra Bahadur Shrestha property x ;DklQ sfg"g, Gunanidhi Neupane Session 24 Property related laws in Civil Code -2

Objective of the session: Subjects included in this Unit: At the end of this course, the participants will x Chapter-4 Provisions Relating to be: Cultivation, Possession and Registration x Informed about the arrangements of Land regarding land cultivation, Possession x Chapter-7 Provisions Relating to and Registration, usufruct, and servitude Usufruct of land in the Muluki civil code. x Chapter-8 Provisions Relating to Servitudes x Problems and solutions 152

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Judicial Perspective x ;DklQ sfg"g, Gyaendra Bahadur Shrestha Reference materials: x ;DklQ sfg"g, Gunanidhi Neupane x The National Civil Code, 2074(2017) Session 25 Property related laws in Civil Code -3

Objective of the session: x Problems and solutions At the end of this course, the participants will x Judicial Perspective be: Reference materials: x Informed about the provisions regarding x Constitution of Nepal Guthi in Muluki Civil Code, 2074 x The National Civil Code, 2074(2017) Subjects included in this Unit : x ;DklQ sfg"g, Gyaendra Bahadur Shrestha Part-6 Provisions concerning Guthi in x x ;DklQ sfg"g, Gunanidi Neupane Civil Code, 2074 Session 26 Property related laws in Civil Code -4

Objective of the session: x Part-13 Provisions on pre-emption of At the end of this course, the participants will immovable property be: x Problems and solutions x Informed about donations and pre- x Judicial Perspective emption of immovable property Reference materials: Subjects included in this Unit: x The National Civil Code, 2074(2017) x Part-10 Provisions on Gift and Donation x ;DklQ sfg"g, Gyaendra Bahadur Shrestha Part-11 Provisions on acquisition and x x ;DklQ sfg"g, Gunanidi Neupane transfer of property Session 27 Provisions incorporated in Civil Code concerning government and public property

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

153

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 28 State Party Civil Cases

Objective of the session: x Provision for pleading and defending At the end of this course, the participants will x Provisions including application, appeal, be: review, revision x Informed about the legal provisions on x Role of government attorney in various complaints, inquiries and evidence civil cases other than state cases collection, filing cases and defend in the x Problems and solutions state party civil cases x Judicial Perspective Subjects included in this Unit: Reference materials: x State party civil cases x The National Civil Code, 2074(2017) x Complaints, inquiries and evidence x The National Civil Procedure Code, collection in Civil cases where state is a 2074(2017) party x Prosecutor's Manual x Decision as to whether or not x Bange Lama v. CIAA, NKP 2065, Vol. 6, government related civil cases to be filed Decision 8639 and filing of such cases x Tej Bahadur Nepali v. Ministry of Land x Witness testimony and examination of Reform and Management, NKP 2065, evidence Vol. 1, Decision No. 7919

Session 29 Preservation of property owned by Public Corporation

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

154

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 30 Legal provisions regarding the preservation of property of various industries and factories owned or invested by government.

Objective of the session: x Problems and solutions At the end of this course, the participants will x Judicial Perspective be: Reference materials: x Informed about the preservation of the x Corporations Act, 2021(1964) property of factories and industries x Balgovinda Bista, ;fj{hlgs ;+:yfg owned or invested by the government; Joj:yfkg and the problems, challenges and x Annual progress report of government solutions for its preservation and public corporations, Ministry of Subjects included in this Unit : Finance, Government of Nepal x Industries and Factories owned or x Annual progress report, 2074 of invested by the government government and public corporations, x Preservation of properties of Industries Ministry of Finance, Government of and Factories owned or invested by the Nepal government Session 31 Role of federal, state and local level government on the preservation of government, public and community property Objective of the session: x Role of federal, state and local level At the end of this course, participants will be: government on preservation of x Informed about the role of federal, state government, public and community and local level government on protection property of government, public and community x Problems and solutions property x Judicial Perspective Subjects included in this Unit: Reference materials: x Concept of federal governance system x Constitution of Nepal x Rights of the Federal, Provincial and x The National Civil Code, 2074(2017) Local level government x The National Criminal Procedure Code, x Role of federal, state and local level 2074(2017) government on management of x Local Government Operations Act, 2073 government, public and community x Local Administration Act, 2028(1971) property Session 32 Provisions concerning Civil Procedure: Objective of the session: x Limitation At the end of this course, participants will be: x Locus standi x Informed about aware of the provisions x Arrangement on petition and rejoinder of Civil Procedure. x Presentation of Evidence and Subjects included in this Unit: Examination x General Principles on Civil Procedure x Case hearing and Decision Laws x Application/Petition and Appeal x Jurisdiction x Execution of judgement

155

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Reference materials: x Ram Bahadur Nepali v. Ministry of x sfo{ljlw sfg"g, Gyaendra Bahadur Forest and Land Conservation, NKP Shrestha 2048, Decision No. 4252 Prakash Narayan Singh v. Aakriti x k|df0f sfg"g, Prakash Wosti x Advertising, NKP 2071, Vol. 2, Decision x k|df0f sfg"g, Laxmi Prasad Dahal No. 9111 x k|df0f sfg"g, Rajitbhakta Pradhananga x HMG v. Bimal Kumar Thapa, NKP 2062, x The National Civil Procedure Code, Vol. 5, Decision No. 7534 2074(2017) x Bijaya Kumar Shahi v. hari Prasad x Durga Prasad Upadhyaya v. Thulo Paudel, NKP 2070, Vol. 5, Decision No. Laxmi Prasad Paudel, NKP 2055, Vol. 1 9008 Decision No. 6498 x Samjhadevi Kewatin v. Ministry of Land x Pushpa Maharjan v. Kathmandu Nagar Reform and Management, NKP 2059, Panchayat, NKP 2043, Vol. 4, Decision Vol. 11/12, Decision No. 7153 No. 2680 Session 33 Old (Traditions) Deeds used on transaction relating to property:

Objective of the session: x Information on formalities, stamp, etc. in At the end of this course, participants will be: old (traditional) deeds x Informed about Old (Traditional) Deeds x Study of old (traditional) deeds used on transaction relating to property (Pragmatic Knowledge) and nature of such deeds Reference materials: Subjects included in this Unit: x sfo{ljlw sfg"g, Gyaendra Bahadur x Old (traditional) deeds Shrestha x Deeds used in the transaction of property x g]kfnsf] sfg"gL Oltxf;, Rewati raman and its nature Khanal x Required procedure for deed x Letters used in old (traditional) deeds Session 34 Functions, duties and rights of the commission formed for the distribution of land Objective of the session: x Formation Orders At the end of this course, the participants will x Problems and solutions be: x Judicial Perspective x Informed about the functions, duties and Reference materials: rights of the commission formed for the x Various orders for formation of distribution of land commission Subjects included in this Unit: x Indu Niraula v. Distruct Forest Office, x Sukumbasi Samasya samadhan Aayog Morang, NKP 2067, Vol. 6, Decision No. (Landless Commission) 8394 x Basobas Aayog (Settlement Commission) x Tej Bahadur Nepali v. Ministry of Land x Commission for Forest Area Reform and Managment, NKP 2065, Vol. Improvement 1, Decision No. 7919 x Functions, duties and rights of various x Bhim Bahadur Khatri v. Tulsi Maya commissions Khatri, NKP 2063, Vol. 12, Decision No. x Legal provisions 7798

156

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

8. Laws relating to Prohibit Corruption

157 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

158 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

8. Laws relating to Prohibit Corruption

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: x Introduction, Scope, Nature of the corruption offence and the principles applied in such offence. x United Nations Convention against Corruption Control and other International and Regional treaties against the corruption. x Provisions of foreign countries in regards to Corruption Control, essential decisions and precedents of the such foreign courts x Constitutional and Legal Provision relating to corruption prohibition, essential decisions and precedents of Supremen Court of Nepal x 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

159

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal 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: x GENERAL PRINCIPLES AFFECTING x To inform government attorneys about THE SCOPE OF CORRUPTION the definition, scope, nature and various OFFENCES: JURISDICTION, principles of corruption to ensure CORPORATE LIABILITY, effective litigation and defense of case ACCOMPLICES AND INCHOATE related to corruption. OFFENCES, https://icclr.law.ubc.ca/wp- Subjects included in this Unit: content/uploads/2017/06/Chapter-3-2017- x Definition regarding the crime of 1.pdf corruption x Constitution of Nepal x Scope of crime relating to corruption x Prevention of corruption Act, 2059 (government, non-government and x Commission for the Investigation of private ) Abuse of Authority Act ,2048 x Causes and effects of corruption x Commission for the Investigation of x General Principles related to corruption Abuse of Authority Rules,2048 (concept of mal-intention) x Crime, Corruption and development, x Corruption commit under the veil of D.Narasimha Reddy, 2001 organized structure x Dimension of Crime and Corruption in x Relation and limitation of corruption and India, Ranga Kaarthikey an D.R, 2005 impeachment x Political Corruption and State crime, Reference materials: Clapton peoples and James E.Suttone, x Corruption around the World: Causes, 2017) Consequences, Scope and Cures, www.imf.org

160

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 2 Types of Corruption Objective of the session: x Bureaucratic corruption and Political x To inform government attorneys about Corruption various types of corruption to ensure x Incomplete crime relating to corruption effective case litigation and defense in Reference materials: cases related to corruption. x Grand Corruption in Third world Subjects included in this Unit : Development, George moody- sutart, x Political or Grand Corruption (1992) x Petty Corruption x Greed, Corruption and Modern State, x Individual Corruption Susan Rose-Ackerman, poul Langues, x Institutional Corruption (2015) x Systemic or Systematic Corruption x Petty Corruption-facilitating payments x Primary or Secondary Corruption and grease money, Antonio Argandona, x Public and Private Corruption 2017 x Corruption according to rule and x The Many Faces of Corruption, Campos Corruption against rule J.E/Pradhan Sanjay, 2007 x Professional corruption and Amateur Corruption Session 3 United Nations Convention against Corruption Control (UNCAC) Objective of the session: x Protection of Witness, Expert and x To make Government Attorneys aware Victims about United Nations Convention against x Co-operation with Law Enforcement Corruption Control to ensure effective Authorities and Others prosecution and litigation of case related x International Co-operation to corruption. x Asset Recovery Subjects included in this Unit: x Technical Assistance and Information United Nations Convention against Exchange Corruption (UNCAC), 2002 Reference materials: x General Provisions x https://www.unodc.org/documents/brusse x Preventive Measures ls/UN_Convention_Against_Corruption. x Public Procurement and Management of pdf Public Finances x The Relevancy and Effectiveness of the x Measure Relating to The Judiciary and United Nations Convention Against Prosecution Services Corruption x Private Sector Corruption (https://papyrus.bib.umontreal.ca/xmlui/ x Measure to Prevent Money Laundering bitstream/handle/1866/9037/BrunelleQur x Criminalization and Law Enforcement aishi_Ophelie_2011_memoire.pdf) x Criminal Liability of Legal Persons x The International Legal Framework x Participation and Attempt of Corruption against Corruption: Achievements and x Freezing, Seizure and Confiscation challenges: Jan Wouters, Ryngaert and Ann SofieCloots,

161

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 4 International Law regarding Corruption Prevention (1)

Objective of the session: x The Southern African Development x To make Government Attorneys inform Community Protocol against Corruption about treaties and agreements of (‘SADC Protocol’), 2001 International and Regional level relating x The Economic Community of West to Corruption to ensure effective African States Protocol on the Fight prosecution and litigation of case related against Corruption (‘ECOWAS Protocol’) to corruption. 2001 Subjects included in this Unit: Reference materials: x Organization for Economic Co- x United Nations Handbook on Practical Operation and Development (OECD) Anti-Corruption Measures for 1997 and its miscellaneous Prosecutors and Investigators, 2004 recommendations x The International Legal Frame work x Inter-American Convention against against Corruption: Achievements and Corruption (OAS Convention), 1996 challenges: Jan Wouters, Ryngaert and x The African Union Convention on Ann Sofie Cloots, Preventing and Combating Corruption (AU Convention), 2003 Session 5 International Laws regarding Corruption Control (2)

Objective of the session: Combating Corruption (‘ICC Rules), x To make government attorneys aware 1977 about treaties and agreements of x Emerging concepts about Corruption International and regional level related to Prevention corruption to ensure effective ¾ SARS: State Asset Recovery prosecution and litigation of case related System to corruption. ¾ Corruption and Good Governance Subjects included in this Unit ¾ Corruption and Human Rights x Anti-Corruption Initiatives in ¾ Corruption in the Private Sphere International /Regional Institutions ¾ Corruption and Its Extra Territorial ¾ European Union Jurisdiction ¾ Council of Europe Reference materials: ¾ World Bank x Hand book of Global Research and ¾ Transparency International Practice in Corruption, Adam Graycar, ¾ The International Chamber of Russella G Smith (2011) Commerce and The ICC Rules on x International Drivers of Corruption a Tool for Analysis, 2012 (DECD)

162 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 6 Comparative study of legal provisions relating to prevention of Corruption of various countries

Objective of the session: ¾ Japan x To make government attorneys inform ¾ Malaysia about legal provisions of various Reference materials: Countries regarding Corruption x The Prevention of Corruption Act Prevention to ensure effective 1988(India) prosecution and litigation of case related x United Kingdom Bribery Act of 2010 to corruption. x American Anti-Corruption Act (AACA), Subjects included in this Unit : 2011 x Legal Provisions, Implementation status x Commission to Investigation Allegations and exemplary initiations taken by the of Bribery or Corruption, 1994 following countries are to be studied in x The Swede dish Penal Code this session: x The Japanese Criminal Code 1907 ¾ India x The Penal Code of Indonesia 1999 ¾ Sri Lanka x The Eradication of the Criminal Act of ¾ UK Corruption 1999 ¾ USA x Arthur Massiut Q.C. Paul H. Loher ¾ Indonesia International Corruption ¾ Sweden Session 7 Judicial Practice of Foreign Courts regarding offence of Corruption

Objective of the session: x Policy-level practices, legal provisions x To make Government Attorneys aware and institutional practices to minimize about important decisions and principles offence of corruption in aforementioned established by foreign courts to ensure countries effective prosecution and litigation of x Progressive and exemplary judicial case related to corruption. practices that can be followed by Nepal Subjects included in this Unit : Reference materials: x Foreign judgments and principles x Count performance Around the world: A regarding corruption related Comparative Perspective, Mooria offencesImprove this translation Dakolias (1999) x Judicial practices of court of Denmark, x Arthur Massiut Q.C. Paul H. Loher Sweden, Norway, Finland, Singapore, International Corruption US, Malaysia, India Session 8 Good Governance and Corruption

Objective of the session: relationship between corruption and x To make Government Attorneys Good Governance system to further conceptually clear about the role of Good improve prosecution and litigation of Governance in corruption control and corruption issues.

163

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Subjects included in this Unit : Reference materials: x Introduction of Good Governance x Good Governance: Delivering x Pre-requisites and conditions of Good Corruption-Free Public Services, Governance N.BaskaraRao, (2013) x Good Governance and transparency x Corruption and Good governance in Asia x Autonomy, Good Governance and G.T.Haokip, (2013) corruption x Corruption Perceptions Index- x Voluntary Offenses Transparency International x Areas of increased corruption in Nepal x Good governance administration and x Basis for measurement of good management Act, 2064 governance and corruption x The Prevention of Corruption Act, 2059 x CIAA Act 2048, and Rules 2059 Session 9 Interrelation between Corruption and Development

Objective of the session: x Impact of corruption on social x To make government attorneys transformation conceptually clear about the inter- x Poverty and corruption relation between corruption and x Impact of corruption on social development to ensure effective development and social transformation prosecution and litigation of case related Reference materials: to corruption. x Why Development Failed in Nepal? Subjects included in this Unit : Devendra Raj Pandey x Impact of corruption on development projects Session 10 Interrelation between Politics and Corruption Objective of the session: x To inform Government Attorneys about Reference materials: political corruption its various x Political Corruption: An Introduction to dimensions with an aim to ensure the Issues, Inge Amundsen,(1999) effective prosecution and litigation of x Prevention of corruption act, 2059 corruption cases. x CIAA, 2048 and other related laws and Subjects included in this Unit : regulations x Meaning of political corruption x Nepal Kanoon Patrika x Different forms of political corruption x Foreign Supreme Courts’ including India x Interrelation between political corruption Judgement collection and Bureaucratic corruption x Articles of Dr. Narayan Manandhar x Effects of political corruption on the x Corruption Perception Index - polities and economy of the country aflif{s :dfl/sfsf] ;+ufnf]_ x Impeachment and corruption x Resource Material of World Bank and x Effectiveness and Access of Institutions Asian Development Bank responsible for corruption control x xl/axfb'/ yfkf / b]j]Gg/fh kf08]osf] x Analysis of precedents established in the kbf{ k5fl8sf] Gofo subject matter

164

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 11 Policy level corruption: Impact and Control

Objective of the session: x International law and laws of other x To provide information about policy countries regarding the policy level level corruption and its nature, area and corruption scope to ensure effective prosecution and x Challenges and possible reforms litigation of case related to corruption. Reference materials: Subjects included in this Unit: x Crime and Corruption in Organizations x Definitions and patterns of policy level (2016), Gower Publishing, London corruption x Corruption, Anti-Corruption and x Policy level corruption and good Governance, Dan Hough (2013) governance x Bad Governance and Corruption R.Rose x Political corruption and C. Peiffer (2010) x Areas of policy level corruption which are yet to be addressed Session 12 Relation and Limitation of Corruption and Financial crime

Objective of the session: Extortion Organized crime, etc.), relation x To inform Government Attorneys about of corruption with these crimes and the nature of financial crimes associated limitation with the crime of corruption and ways in x Limitation and relation of corruption which they are committed to ensure with other crimes (arms and effective prosecution and litigation of ammunitions, Narcotic Drugs, Black corruption cases. Marketing, Hoarding, Adulteration) Subjects included in this Unit: x Anlysis of precedents of Supreme Court x Concept of Corruption and Financial regarding the issue crimes Reference materials: x Various aspects of Financial crime x Concerned Nepal Laws (Money laundering, Banking offense, x Related laws of India, UK and US custom offenses, Human Trafficking, x Judicial Practices of Nepal and foreign Terrorist Financing, Fraudulment, countries Session 13 Corruption relating to Public property

Objective of the session: Subjects included in this Unit : x To make Government Attorneys well x Emerging concepts on usage of Public informed about theoretical aspects and property and its management precedents relating to the offence of x Corruption related acts against public public property to ensure effective property prosecution and litigation of case related x Corruption in areas of land to corruption. administration

165

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Corruption during re-allocation and x Land (Survey and Measurement) Act, regulation of Government Budget 2019 x Other Corruption related acts against x The Lands Act, 2021 and Regulation Public x Land Revenue Act, 2034 and Regulation x Comparative study of international x The Effort to preserve lands of practices on preservation and protection Government, Public and Guthi of Public property. x Land Use Act, 2076 x Problems identified during prosecution x The Prevention of Corruption Act, 2059 and adjudication of crimes relating to x Commission for the Investigation of Corruption of Public property Abuse of Authority Act, 2048 x Comparative study on judicial x Good Governance (Management and understanding and court practices Operation) Act, 2064 Reference materials: x Judicial Practices of Nepal

Session 14 Procedures relating to Public Procurement and Corruption

Objective of the session: x Expenditure management in public x To conceptually clear government procurement and bill payment system attorneys about of nature of corruption x Reasons for non-completion of projects done through the public procurement and in set forth time in Nepal legal provisions relating to the x Identification of patterns of corruption prevention and control thereof to ensure during public construction and effective prosecution and litigation of procurement case related to corruption. Reference materials: Subjects included in this Unit: x Public Procurement Act, 2063 x Features of Public Procurement Act and x Public Procurement Regulation, 2064 importance of its implementation x Procurement Guidelines issued by the x Public Tender and quality measurement world Bank and ADB Standard Bidding x Public Construction, service procurement Document and consultation services x Gupta MP, Competitive Bidding x Variation in public Construction (Procedures and Practices), 1998

Session 15 Concept of Corruption in Private areas and role of Government Attorney in its prevention Objective of the session: ¾ Corruption in public/ government sector x To inform government attorneys about ¾ Corruption in private sector the legal and structural arrangements and ¾ Difference in corruption of public and areas of improvement in relation to private sector corruption control in private sector to ¾ Methods of commission of corruption in ensure effective prosecution and private sector litigation of case related to corruption. ¾ Preventive legal and policy level Subjects included in this Unit : measures to control corruption in private ¾ Corruption in government and private sectors sector

166

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal ¾ Institutional measures to prevent x Company Act, 2063 corruption in private sector x Associations Registration Act, 2034 ¾ Institutional arrangements for the control x Private Firm Registration Act, 2014 of corruption in private sector x Partnership Act, 2020 ¾ International practice on the control of x The Industrial Enterprises Act, 2073 corruption and lesson to be embraced by x Competition Promotion and Market Nepal Protection Act, 2063 ¾ Article 12 and 15 of UNCAP x Consumer Protection Act, 2054 ¾ Judicial perspective regarding control of x United Nations Convention Against corruption in private sector Corruption, 2002 ¾ Role of government Attorneys x United Nations Handbook on Practical ¾ Problems and measures to solve Anti Corruption Measures for Reference materials: Prosecutors and Investigators, 2004 x The Prevention of Corruption Act, 2059 x The International Legal Framework x Commission for the Investigation of against Corruption : Achievement and Abuse of Authority Act, 2048 Challenges: Jan Wouters, Ryngaert and x Good Governance (Management and Ann Sofie Cloots Operation) Act, 2064 x Principles of propounded Precedents Session 16 Non-governmental Organization in Transparency of Foreign Aid and Corruption

Objective of the session: x Precedents of Supreme Court in related x To inform government attorneys about topic the various aspects of corruption Reference materials: commits, because of misuse of foreign x EXPLORING THE IMPACT OF aid and lack of transparency thereof; to FOREIGN AID ON CORRUPTION: ensure effective prosecution and HAS THE “ANTICORRUPTION litigation of case related to corruption MOVEMENT” BEEN EFFECTIVE?, Subjects included in this Unit : Nicholas CHARRON x Meaning, importance, relevancy and (https://onlinelibrary.wiley.com/doi/abs/10.11 scope of Foreign Aid 11/j.1746-1049.2010.00122) x Arrangements for the utilization of x Ramni Taneja, Foreign Direct Investment foreign aid and prospective area of and Globalization misuse of it. x Foreign Aid Policy of Nepal, 2059 x Mode of Acquisition and Expenditure; x Development Aid Policy, 2071 transparency and accountability of x Economic Legal provisions for Public foreign aid by non-governmental Procurement and construction organizations x Foreign judgments relating to corruption x Regulatory arrangements of NGO and control and precedents published in effectiveness Nepal Kanoon Patrika. x Impact of foreign aid on anti-corruption activities

167

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 17 Laws related to prevention and control of corruption in Nepal

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

Session 18 Corruption in various levels and its prevention and control

Objective of the session: x Arrangements for corruption control in x To make government attorneys civil servants of local and provincial conceptually clear about the jurisdiction, structure (Regional Offices) institutional arrangement of corruption x Role of National Vigilance Center in control in provincial level and Federalism coordination between state and province x Coordination and cooperation in between regarding corruption control to ensure Center, Province and local level in effective prosecution and litigation of corruption prevention. case related to corruption. Reference materials: Subjects included in this Unit : x Constitution of Nepal x Principal- agent or agency models; new x Prevention of Corruption Act,2017 public management perspectives; and x Commission for the Investigation of neo-institutional economics frameworks Abuse of Authority Act, 2048 and x Bureaucratic and Participatory Populism regulation,2059 and corruption x Good Governance (Management and x Multidisciplinary forms of corruption in Operation) Act, 2064 different levels of government in federal x Precedents set up Session 19 CIAA in the role of Ombudsman

Objective of the session: Abuse of Authority, its working areas x To inform Government Attorneys about and Limitation for corruption prevention role of Commission for Investigation of and control; to ensure effective 168

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal prosecution and litigation of case related Reference materials: to corruption. x Origin and Development of Ombudsman Subjects included in this Unit: System Around the Globe: x Meaning and concept of ombudsman http://shodhganga.inflibnet.ac.in/bitstream/10 x Scope and limitation of Commission for 603/167036/8/08_chapter%203.pdf Investigation of Abuse of Authority x Commission for the Investigation of x Provisions relating to arrange Abuse of Authority Act, 2048 Misconduct and prohibited acts x Commission for the Investigation of x Provisions on delegation of Power by Abuse of Authority Regulation, 2059 CIAA x Commission for the Investigation of x Judgments of Supreme Court regarding Abuse of Authority Procedure, 2073 the jurisdiction of CIAA x Various judgments of Supreme Courts relating to subject matter Session 20 Offense relating to Corruption (1) - Acquisition of illegal assets

Objective of the session: x Comparative study and analysis of x To provide theoretical information along judicial practice and perspective with principles established by court Reference materials: regarding the offence related to x On the Comparative Study of Corruption, acquisition of illegal assets to the Franklin E.Zamring / David T. Johnson government attorneys to ensure effective (2007) prosecution and litigation of case related x Investigating Crypto Currencies, Wiley, to corruption. (2018) Subjects included in this Unit: x Constitution of Nepal x Concept and meaning of illegal property x Prevention of Corruption Act , 2059 x Acquisition of illegal property, and its x National Penal Code, 2074 areas and nature x Money Laundering Prevention Act, 2064 x Offense relating to illegal property and x Various judgment of Supreme Court legal provisions regarding the subject matter x Comparative study of Standard and Basis x Najir sangraha published by Office of of property evaluation (income and Attorney General expenditure) x Commission for the Investigation of x Offence of illegal property acquire, Abuse of Authority Procedure, 2073 expected offence and burden of proof x Nepal Government v. Jaya Prakash x Provision relating to property details and Gupta, NKP 2064, Vol. 11, Decision no. limitation and impact of illegal property 8622 x Relation of illegally acquired property x Nepal Government v. Ishwor Prasad offence with other crimes Pokhrel, NKP 2066, Vol. 8, Decision no. x International practices related to the 8200 investigation and prosecution of offence x Nepal Government v. Chiranjivi Wagle, related to acquisition of illegal assets and NKP 2067, Vol. 12, Decision no. 8519 its uses. x Nepal Government v. Ramagya x Evaluation of illegally acquired property Chaturbedi, NKP 2068, Vol. 6, Decision in Malaysia no. 8630

169

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Nepal Government v. Achyut Krishna x Nepal Government v. Gokarna Poudel, Kharel, NKP 2068, Vol. 8, Decision no. NKP 2072, Vol. 8, Decision no. 9446 8667 x Nepal Government v. Harekrishna x Lilaraj Goutam v. Nepal Government, Bhagat, NKP 2072, Vol. 7, Decision no. NKP 2069, Vol. 2, Decision no. 8770 9433 x Nepal Government v. Khum Bahadur x Nepal Government v. Badri Nath Khadka, NKP 2069, Vol. 5, Decision no. Shrestha, NKP 2072, Vol. 8, Decision no. 8832 9449 x Nepal Government v. Ananda Prasad x Nepal Government v. Ishwor Pd. Pokhrel, Khanal, Criminal Appeal no. 3310 of NKP 2072, Vol. 9, Decision no. 9461 2062 x Nepal Government v. Bharat Pd. x Nepal Government v. Yubraj Sharma, Bhattarai, NKP 2072, Vol. 11, Decision NKP 2069, Vol. 5, Decision no. 8886 no. 9492 x Nepal Government v. Ganesh Aryal et.al., x Nepal Government v. Umesh Kmr. Singh, 063-CR-0650 NKP 2072, Vol. 12, Decision no. 9505 x Nepal Government v. Birendra Kumar x Nepal Government v. Bharat Pd. Singh, NKP 2072, Vol. 3, Decision no. Ghimire, NKP 2073, Vol. 2, Decision no. 9366 9545 x Nepal Government v. Achyut Krishna x Nepal Government v. Mahendra raj Kharel, NKP 2072 Vol. 6, Decision no. Goutam, NKP 2074, Vol. 1, Decision no. 9415 9751

Session 21 Offence relating to Corruption (2) – Bribe and Graft

Objective of the session: Reference materials: x To provide detailed information to x On the Comparative Study of Corruption, Government Attorney’s about the Franklin E.Zamring /David T. Johnson concepts and principles of Graft and (2007) bribe related offences to ensure effective x Investigating Crypto Currencies, Wiley, prosecution and litigation of case related (2018) to corruption. x Constitution of Nepal Subjects included in this Unit: x Prevention of corruption Act, 2059 x Introduction and concepts of Bribe/Graft x National Penal Code, 2074 x Forms of Bribe/Graft (money/ asset/ x Money Laundering Prevention Act, 2064 Crypto-Currency) x Najir sangraha published by Office of x Criminal process and procedure of Attorney General Bribe/Graft x CIAA Procedure, 2073 x Legal provisions relating to Bribe/ Graft x Bishnu maya Limbuni v. Dronacharya x Comparative study of international legal et.al., NKP 2021, Decision no. 236 practices relating to Bribe/ Graft x Malika Pd. Shrestha v. Nepal x The Challenges in Investigation, Government, NKP 2045, Vol. 5, Prosecution and legal adjudication of Decision no. 3471 Bribe/ Graft x Dwarika Choulagai v. Nepal x Comparative study of Court practice and Government, Supreme Court Bulletin, Judicial Perspective Year 15, Vol. 2 Baisakh 2063, no. 332

170

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Shiva Bdr. Swar v. Nepal Government, x Birendra Kumar Karna v. Nepal Supreme Court Bulletin, Year 18, Vol. 21 Government, NKP 2069, Vol. 10, Falgun 2066, no. 423 Decision no. 8897 x Thalesh Purve v. Nepal Government, x Pradip Adhikari v. Department of Supreme Court Bulletin, Year 18, Vol. 21 Industry, NKP 2067, Vol. 4, Decision no. Baisakh 2066, no. 423 8340 x Tanka nath Dhakal v. Nepal Government, Supreme Court Bulletin, Year 18, Vol. 18 Baisakh 2066, no. 420

Session 22 Offence relating to Corruption (3) – Red Hand and Sting Operation

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

Session 23 Offence relating to Corruption (4) – Fake educational certificate

Objective of the session: Subjects included in this Unit : x To provide credible information to x Introduction, concept, scope and forms government attorneys on concepts and of fake educational certificate court judgments of fake educational x Relation between public authority certificate to ensure effective prosecution position and fake educational certificate and litigation of case related to x Area and usage related with fake corruption. educational certificate

171

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Legal provisions related to fake x Jay Narayan Acharya V. Nepal educational certificate and its Government, Date of Decision : implementation 2074/10/18 x Study and analysis of preparation, x Judgement of Bhakta Singh submission of fake educational x Judgement of Padam Pokhrel certificate and condition to not gain x Najir sangraha published by Office of benefit from such certificate Attorney General x Fake educational certificate and x Sudarshan Thapa v. Nepal Government, condition of retirement of personnel NKP 2064, Vol. 3, Decision no. 7825 x Comparative study of court practice and x Ramesh Kumar Basnet v. Nepal judicial perspective on this subject Government, NKP 2055, Vol. 3, matter Decision no. 6338 Reference materials: x Nepal Government v. Phoolraj Sharma, x Prevention of corruption Act, 2059 Supreme Court Bulletin, Year 18, Vol. 20, x NKP 2065, DN 7974, Pg.1207 (Tara 2066 Magh, no. 422, p.g. 28 RajBhandari Karki V. Nepal Government) x Ganesh Pd. Bhusal v. Nepal Government, x NKP 2068, DN 8697 (Pramila Rai V. Supreme Court Bulletin, Year 18, Vol. 20, Nepal Government) 2066 Magh, no. 422, p.g. 23

Session 24 Offence relating to Corruption – Miscellaneous

Objective of the session: x Comparative study of judicial Practice x To provide credible information to and perspective regarding to other government attorneys on important corruption related offences. principles and court judgments of other Reference materials: forms of the corruption, except above- x Prevention of corruption Act, 2059 mentioned forms of corruption, to ensure x Mukuli Criminal Code, 2074 effective prosecution and litigation of x The Straggle Against Corruption: A case related to corruption. Comparative Study, R. Johnson (2004) Subjects included in this Unit: x Dimension of Crime and Corruption in x Concepts of other corruption related India, Dr. A Ranga Reddy / D.R. offences and illegal harm and losses Kaarthikeyan x Scope of other corruption related x Corruption around the World: Causes, offences and emerging issues of offences Consequences, Scope and Cures, of corruption www.imf.org x Other corruption related offences and x GENERAL PRINCIPLES AFFECTING legal provisions thereof THE SCOPE OF CORRUPTION x Attempt, Abettor and corruption done by OFFENCES: JURISDICTION, organized group and additional CORPORATE LIABILITY, punishment; its theoretical aspects ACCOMPLICES AND INCHOATE x Offences related to corruption not OFFENCES, addressed by the prevention of https://icclr.law.ubc.ca/wpcontent/uploads/20 corruption act 17/06/Chapter-3-2017-1.pdf x International practice related to other x Crime, Corruption and development, corruption related offences and new uses D.Narasimha Reddy, 2001 172

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Dimension of Crime and Corruption in x Bijayanath Bhattarai v. Nepal India, RangaKaarthikey an D.R, 2005 Government, NKP 2066, Vol. 7, x The Many Faces of Corruption, Campos Decision no. 8194 J.E/Pradhan Sanjay, 2007 x Purnaprasad Wagle v. Nepal Government, x Hand book of Global Research and Supreme Court Bulletin, Year 18, Vol. 19, Practice in Corruption, Adam Graycar, 2066 Magh, no. 421 Russella G Smith (2011) x Narendrabahadur Kurungwang v. Nepal x International Drivers of Corruption a Government, Supreme Court Bulletin, Tool for Analysis, 2012 (DECD) Year 18, Vol. 19, 2066 Magh, no. 421 x Bhrastachaar sambandhi najirko x Sarjan Pande v. Nepal Government, sangaalo Supreme Court Bulletin, Year 18, Vol. 15, x Yadav Lamichhane v. Special Police 2066 Mansir, no. 417 Department, NKP 2046, Vol. 6, Decision x Tulsiram Pande v. Nepal Government, no. 3849 NKP 2067, Vol. 5, Decision no. 8381 x Special Police Department v. Ishwori Pd. x Nepal Government v. Chandeshowr Baiju, NKP 2046, Vol. 11, Decision no. Raya Yadav, NKP 2074, Vol. 6, Decision 3986 no. 9827 x Narbahadur Budhathoki v. Nepal Government, NKP 2047, Vol. 8, Decision no. 4197 Session25 Provision for investigation of corruption related offence

Objective of the session: ¾ Dimensions that must be adopted for x To provide important information to effective investigation government attorneys on authority for Reference materials: investigation, investigation officer and x National criminal procedure code, 2074 procedures for investigation of x Sarkari wokil digdarsan, 2074 Corruption related offences; to ensure x Corruption Prevention Act, 2059 effective prosecution and litigation of x Commission for the Investigation of case related to corruption. Abuse of Authority Act, 2048 x Commission for Investigation of Abuse Subjects included in this Unit: of Authority Rules, 2059 ¾ Provision to initiate the information of x Commission for Investigation of Abuse crime commission and process of of Authority Procedure, 2073 investigation. x De-Cteching Corruption in Developing ¾ Preliminary and detail investigation Countries Identifying cause/strategies for ¾ Abate the complaint and its action, Bertram I, Spector (2012) consequences x Investigation and Prosecution of ¾ Various methods and procedures of Corruption Offense; Materials for the evidence collection in investigation making course, OECD (2012) ¾ Challenges during investigation and x Hand book of Global Research and possible reforms Practice in Corruption, Adam Graycar, ¾ Situation of failure of State Party cases Russella G Smith (2011)

173

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x United Nations Handbook on Practical Prosecutors and Investigators, 2004 Anti-Corruption Measures for

Session 26 Decision, prosecution and appeal of Corruption related cases

Objective of the session: ¾ Practice of foreign states on prosecution x Provide information to government of corruption cases attorneys about the provision of authority ¾ Positive aspects of prosecution and to decide whether the corruption related appeal of corruption cases in Nepal and cases will be proceed or not proceed, identified problem and reform areas process to decide, preparation of Charge Reference materials: sheet and filing; to ensure effective x Corruption Prevention Act, 2059 prosecution and litigation of case related x Sarkari wokil digdarsan, 2074 to corruption. x Dil Bahadur Lama: Nkp 2051 DN 4940 Subjects included in this Unit: pg.504 ¾ Legal and constitutional provision for x Akhtiyaar durupayog anusandhan aayog authority to decide whether the abhiyojan niti, 2075 corruption related cases will be proceed x Effective Means of Investigation and or not proceed and prosecution; and Prosecution of Corruption-export procedure seminar OECD (2010) ¾ Basis and relevancy of authorities x Investigation and Prosecution of beyond Attorney General in deciding Corruption Offense; Materials for the (corruption related cases will be proceed making course, OECD (2012) or not proceed), prosecution and appeal x National criminal procedure code, 2074 of corruption related cases x United Nations Handbook on Practical ¾ Status of participation of Government Anti-Corruption Measures for Attorneys in past and present for Prosecutors and Investigators, 2004 corruption related case litigation

Sessions 27 Presentation, examination of evidences and witness protection in Corruption related cases and Role of Government Attorneys Objective of the session: Forensic, Data Based and E-mail x To provide information on legal Forensic, Video, Voice record, CD record) provisions regarding procedures in corruption cases presentation, examination and ¾ Role and responsibility of Government preservation of evidence to government Attorneys in proper presentation of attorneys along with their role in this evidence in Corruption cases process to ensure effective prosecution ¾ Points to be considered by Government and litigation of case related to Attorneys in examination of evidence of corruption. corruption related cases Subjects included in this Unit: ¾ Sensitivity of evidence in corruption ¾ Collection and importance of digital cases and bases and importance of evidence (Digital Forensic, Mobile evidence preservation Forensic, Computer Forensic, Network

174

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal ¾ Areas to be reformed for proper protectio x Computer Forensics Principles and and preservation of evidence in Practices, Linda Volonino, Reynaldo Corruption cases Anzaldua, and Jana Godwin (2006) Reference materials: x Forensic Discovery, Dan Farmer and x Evidence Act, 2031 Wielsevenem (2005) x National Criminal Procedure Code, 2074 x Real Digital Forensics Computer x Sarkari wokil digdarsan, 2074 Security and Incidental Response Jones x Guide To Computer Forensics and K.J. And Bestlich r And Rose C.W. Investigation, Bill Nelson Amerlia (2006) Philips Frank, Enfinger and ChritopherSteauart, (2016)

Sessions 28 Plead and defense of Corruption related cases

Objective of the session: Reference materials: x To produce competitive Government x National Criminal Procedure Code, 2074 Atttorney by providing information x Sarkari wokil digdarshan, 2074 about the issues to be adopted for x THE ART OF ADVOCACY A effective litigation, plead and defence the HANDBOOK FOR NON-PROFIT cases related to corruption. ORGANIZATIONS Subjects included in this Unit: (https://www.habitat.ca/files/4752180162832 ¾ Formation of specialized Government 249.pdf) Attorneys group in Corruption and basis x Art of Advocacy preparation of the case, for development and importance David B. Baum (1997) ¾ Prior preparation for litigation and x The art of advocacy , LLoydpaul Stryker defense of corruption cases (1954) ¾ Litigation skill and litigation x Lawyers Desk Book, Dana Shilling, management (2018) ¾ Importance of motivation to Government Attorneys for litigation of Corruption cases Session 29 Analytical study of Judgments of Initial and Appeal Courts in Corruption related cases

Objective of the session: ¾ Case of Chiranjaibi Wagle x To inform government attorneys aobut ¾ Case of Khumbahadur Khadka the similarities and substantial difference ¾ Case of Ramagya Chaturbedi between judgments of Special Court and ¾ Case of Jay Prakash Gupta Supreme Court regarding famous ¾ Case of Murari Babu Karki Corruption related cases to ensure ¾ Case of Ishwor Pokhrel effective prosecution and defence of case x Recent principle in judgment related to corruption. provided by Judicial Review in Subjects included in this Unit: Corruption cases x Role and expectation of Court in Reference materials: Prevention of Corruption x Nkp 2067, Vol. 12, DN 8519 x Analysis of decisions of initial and x Nepal Government V. Murari Bahadur appeal courts in following cases: Karki, Date of Decision: 2069/02/03

175

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Nkp 2069, Vol. 5 DN.8832 pg.771 x Nkp 2072, Vol. 9, DN.9461 x Nkp 2068 DN.8630 x Mahanyayadhiwaktako Karyalayabataa x Nkp 2072, Vol. 8 DN.9446 Prakaasit Bishayagat Najirko Sangalo

Session 30 Coordination and Co-operation of authorities that implement laws relating to Corruption prevention Objective of the session: x Method, legal basis and accountability of x To provide information about identity of coordination and cooperation stakeholders in corruption prevention x Develop and manage the method of activities; areas, subjects and methods of Coordination cooperation and assistance in Corruption Reference materials: related cases with intend to ensure x Constitution of Nepal effective prosecution and litigation of x Good Governance (Management and case related to corruption. Operation) Act, 2064 Subjects included in this Unit: x Sarkari Wokil Sambandhi Niyamawali, x Identity of concerned institutions and its 2055 assistance to Government Attorneys x Commission for Investigation of Abuse during defense of Corruption cases and of Authority (CIAA) Act, 2048 areas of cooperation x Commission for Investigation of Abuse x Importance of coordination and of Authority Procedure, 2073 cooperation between concerned x Commission for Investigation of Abuse authorities in Corruption related cases of Authority Rules, 2059 and its effect on litigation x Sarkari Wokilharuko Dosro Rastriya Sammelan Bisheshanka, 2075 Sessions 31 Role and limitation of Civil Society and Mass Media in prevention of Corruption

Objective of the session: Reference materials: x To inform government attorneys about x Constitution of Nepal the role of Civil Society, Mass Media x Corruption Prevention Act, 2059 and Non – governmental organizations x Commission for Investigation of Abuse and its limitation regarding Corruption; of Authority Act, 2048 to ensure effective prosecution and x Commission for Investigation of Abuse defend the cases related to corruption. of Authority Rules, 2059 Subjects included in this Unit: x Right to Information Act, 2064 and x Introduction of Civil Society and Mass Rules Medias and its obligation towards the x Nepal Sarkarko Suchana tatha Sanchaar society and nation Niti x Non-Governmental Organizations and x Commission for Investigation of Abuse Anti-Corruption Reforms, of Authority Procedure, 2073 x The Role of Media in Anti-Corruption, x www.csd.bg/files/5en.pdf x Anti-Corruption Education, x https://www.oecd.org/site/adboecdantico x Lokpaal Bill of India and progressive rruptioninitiative/meetingsandconference attempts of other countries Civil Society s/ 42877292. pdf x www.lawjournals.org/download/200/3-5- 42-591.pdf

176

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

9. Service Related Law

177 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

178 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

9. Service Related Law

Goals of Syllabus x To prepare specialized attorneys on the subject of Service related Laws

Objective of Syllabus: x 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 x 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 x Will be informed about the Concept of Trade Union and Rights of Trade Union in the Civil Service, x Will be acquainted with the Principles and Process for the determination of Educational Competency in Civil and Public Service x 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

179

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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

180

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Civil Service and State Administration x J. Grawel Kamwel vs. Labor Court et. al., (CSSA) Country Reports. Certiorari Mandamus et. al., NKP 2065, Volume 2, Decision No. 7934 Session -2 Interpretation of Service Related Laws and Supreme Court's Perspective

Objective of the session: x Interpretation of Statutes, Maxwell, 2nd edition, 1976, Sweet and Maxwell, x To provide basic information to London Government Attorneys' about x Recruitment Principles, Civil Service Interpretation of service related laws, Commission United Kingdom, x To clarify the need and importance of x (http://civilservicecommission.independent.g interpretation of service related laws, ov.uk/wp- x To introduce them with the rules of content/uploads/2015/05/RECRUITMENT- interpretation for the interpretation of PRINCIPLES-FINAL.pdf) service related laws, x Shiva Kumar Basnet vs. Public Service x To inform them about Supreme Court's Commission et al, NKP 2064, Volume 10, important judgments on the Decision No. 7894 interpretation of Service related laws. x Top Bahadur Bhusal vs. Ministry of Subject included in this Unit: Education and Sports, NKP 2070, x Meaning and definition about the rules of Volume 3, Decision No. 8974 interpretation on service related laws, x Kamalarani Yadav vs. Janakpur Cigarette x Principles and Rules of Interpretation, Industry, NKP 2066, Volume 3, Decision x Situation of Interpretation of Rules and No. 8106 its' Implementation, x Kul Bahadur Limbu vs. Ministry of x Important Judgments on Interpretation of Tourism and Civil Aviation, NKP 2067, Laws of service related Laws. Volume 6, Decision No. 8392 x Reference Materials: x Interpretation of Laws Act, 2010 (1954) Session-3 Public Service and Public Service Commission

Objective of the session: management in public service with examples on some national practices, x To inform them about the inter- x To provide basic information about the relationship between public service and role of Public service commission in public service commission and about the selection and promotion of Public role of Public Service Commission for service employees in accordance with the selection, appointment, transfer, general principles, promotion and action against human

resource of public service and related legal provisions, Subject included in this Unit: x To inform them about international x Legal and Constitutional Provisions of practices on human resource Public service in relation to Selection, Promotion and Departmental action

181

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

x Role of Public Service Commission in x Madhunidhi Tiwari, ;fj{hlgs k|zf;gsf s]xL selection process and inform them about kIfx?, (2060), Publisher: Kanti Tiwari, Public trust Kathmandu x Development, Effect and Scope of Public x Study Material for public administration, Service Commission IGNOU notes for pub ad UPSC civil Reference Materials: service exam., https://www.scribd.com/document/21978 x Constitution of Nepal, Part 23 6185/Public-Administration-Unit-48- x Public Service Commission Act, 2066 Union-Public-Service-Commission- (2010); Regulation 2067 Selection-Commission x Constitution of India, 1949, Art. 315 to x Administrative Law, Mark Elliott and 323 Jason N. E. Varuhas, 5th ed. 2017, x Constitution Reform and Governance Oxford University Press Act, 2010 of England, Chapter I x Madhwesh Kumar Pathak vs. Public x Recruitment of Personnel, David G. Service Commission et al, NKP 2070, Carnevale and Steven Housel, A Volume 6, Decision No. 9018 HANDBOOK OF PUBLIC x Maheshwor Shrestha et. al. vs. Public PERSONNEL ADMINISTRATION Service Commission, 2062, Writ no. 2786, Decision Date 2062/11/5 Session-4 Nature of Disputes related to Employees

Objective of the session: x Subjects and scope of disputes related to service, x To provide basic information on nature x Appeal and Writ jurisdiction on service and types of disputes related to related disputes, employees, x Conditions for Issuance and Non x To provide information about the nature Issuance of writ, and types of disputes related to x Supreme Court's Judgments on disputes employees in the context of Nepal, related to Public Service. x To train them about the disputes filed in Reference Materials: Administrative court and Supreme court wherein employees of public service are x Civil service Act, 2049 (1993); Civil involved and its related relevant laws and Service Rules, 2050 (1993) Supreme court's perspective, x Nepal Health Service Act, 2053(1997); x To impart knowledge on basic aspects of Nepal Health Service Rules, 2055 (1999) consideration while representing the writ x Police Act 2012 (1955); Police Rules, related to Employees, 2049 and 2071 x To learn about the conditions for the x Armed Police Force Act, 2058(2001); issuance or non-issuance of writ, Armed Police Force Rules, 2060 (2003) x To learn about the Supreme Court's and 2071 perspective on it. x Division of Groups and Class of various Subject included in this Unit: service groups

182 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Rajiv Raheja, Supreme Court on Service of Minister, NKP 2064, Volume 4, Law, Capital Law House, 1st ed. 2011 Decision No. 7839 x Shiva Kumar Basnet vs. Public service x Kul Bahadur Limbhu vs. Ministry of commission et. al., NKP 2064, Volume Tourism and Civil Aviation, NKP 2067, 10, Decision No. 7894 Volume 6, Decision No. 8392 x Shanta Bahadur Gurung vs. Nepal government, Prime Minister and Council Session-5 Terms and Conditions of Civil Service

Objective of the session: x To provide basic information about the Reference Materials: terms and conditions of Civil Service and x Civil service Act, 2049 (1993); Civil Public service, Service Rules, 2050 (1993) x To train them on the major terms and x Nepal Health Service Act, 2053(1997); conditions of Civil and Public service Nepal Health Service Rules, 2055 (1999) such as selection and recruitment, x Police Act 2012 (1955); Police Rules, transfer, promotion, facilities and 2049 and 2071 retirement related provisions, legal x Armed Police Force Act, 2058(2001); provisions thereof & principles to be Armed Police Force Rules, 2060 (2003) applied during alteration/amendment of and 2071 such laws, x Rajiv Raheja, Supreme Court on Service x To impart knowledge on the amendment Law, Capital Law House, 1st ed. 2011 of terms and conditions of service related x Nijamati Keshab Raj Pandey, k|zf;lso laws and its effect; and the principle to sfg"g, Fourth Edition, 2074 be applied during the interpretation of x Dr. Shambhu Prasad Khanal, k|zf;lso such provisions, sfg"g x To impart knowledge with regard to x Rules related to Division of Groups and Supreme Court's important judgments on Class of various service groups the terms and conditions of civil service, x Sarada Devi Poudel vs. Nepal x Government, Ministry of General x Subjects included in this Unit: Administration, NKP 2073, Volume 9, x Terms and Conditions of Civil Service Decision No. 9682 and Public service (Selection, x Jibraj Gautam vs. HMG, Council of Recruitment, Transfer, Promotion, Ministers, Singhadurbar et. al., NKP Facilities and Retirement and so on) 2061, Volume 7, Decision No. 7403 x Alteration in Service related laws and its x Kabiraj poudel et. al. vs. Prime Minister Effect and Ministers of council, NKP 2065, x Supreme Court's interpretation on laws Volume 7, Decision No. 7984 related to terms and conditions of Civil Service

183

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 6 Educational Qualification

Objective of the session: x Supreme Court's Perspective on determining educational qualification x To provide basic knowledge about and Equivalency principles on determination of the Reference Materials: educational qualification required for civil and public service post; process on x Civil service Act, 2049 (1993), determination of educational x Civil Service Rules, 2050 (1993), qualification, x Nepal Health Service Act, 2053(1997), x To provide theoretical and practical x Nepal Health Service Rules, 2055 (1999) knowledge regarding the grounds and x Relevant rules and regulations on Class standards for determining minimum division of various service groups educational qualification and additional x Edward Cary, Civil Service, Merit educational qualification to any post; System and Merit System, x To train them about educational x Dr. Madhunidhi Tiwari, ;fj{hlgs k|zf;gsf qualification and equivalents, process for ljljw kIfx?, 2060 determination of equivalents and x Rajiv Raheja, Supreme Court on Service Supreme Court's perspective on such, Law, Capital Law House, 1st ed. 2011 x To conceptually clarify them about the x Shambhu Prasad Dahal vs. HMG, determination of the educational Council Secretariat et. al, NKP 2056, qualification for effective representation Volume 2, Decision No. 6663 of such disputes. x Renu Adhikari vs. Prime minister and x Subject included in this Unit: Council of Ministers, Singhadarbar et.al, x Meaning of Educational Qualification NKP 2063, Volume 6, Decision No. 7710 and Additional Educational Qualification x Mira Rana vs. Radio Prevalence required for public service, Development Committee, NKP 2066, x Reasons and Standards for determining Volume 2, Decision No. 8074 Educational Qualification, x Jibraj Gautam vs. HMG, Ministry x National and International Practices on Council Secretariat et. al, NKP 2061, Equivalency Determination Process, Volume 7, Decision No. 7403

Session 7 Equality and Positive Discrimination

Objective of the session: development and their exception in public service, x To provide basic information related to x To provide theoretical knowledge on meaning of equality, formal equality and formal equality and substantial equality substantial equality, or equality in result and relevancy of x To conceptually clarify the concept of positive discrimination in these matter equality, equal treatment, equal along with the introduction about opportunity, equality in career constitutional and service related laws thereof,

184

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x To provide information about developed x Dr. J. N. Pandey, The Constitutional Law values, international practices and court's of India, 48th ed. 2011, Central Law perceptions on positive discrimination Agency, and reservations, x D. S. Nakara vs. Union of India, AIR, Subject included in this Unit: 1983, SC 130, x Suneel Jatley vs. State of Hariyana, AIR x Meaning of Equality & Concept, 1983, SC 473 definition, meaning and scope of Positive x Balaji and others vs. State of Mysore, Discrimination AIR, 1963, SC 649 x Equality of opportunity and its' exception, x Dr. Mingmar Geljen Sherpa vs. Nepal x National and international values related Government et. al., NKP 2071, Volume to equality, positive discrimination and 11, Decision No. 9277 reservation, x Umashankhar Sharma vs. Prime x Supreme Court's judgments on positive Minister and Minister of Council Office discrimination and reservation. et. al, NKP 2067, Volume 5, Decision No. Reference Materials: 8366 x Civil service Act, 2049 (1993) x Bajrakishor Yadav vs. Public Service x Civil Service Rules, 2050 (1993) Commission, Anamanagar Kathmandu, x Nepal Health Service Act, 2053(1997) NKP 2066, Volume 11, Decision x Nepal Health Service Rules, 2055 (1999) No.8264 x MP Jain (2017, Indian Constitutional x Radhika Giri vs. Public Service Law, 8th ed. Lexis Nexis, India Commission, Anamnagar Kathmandu et. x V.N. Sukla (2017), Constitution of India, al, NKP 2067, Volume 12, Decision No. 13th ed. Eastern Book Company, 8527 x D. L. Keir and F. H. Lawson, Cases in Constitutional Law, Session 8 Promotion and Career Development in Civil Service and Public Service

Objective of the session: x To provide information about the importance of work performance, x To provide basic information to experience and educational qualification Government Attorney about the concept and its' interrelationship with promotion of promotion and career development in & judicial practices on the subject, Civil service and Public Service, x To inform them about the similarities and x To train them about the types and differences between promotion, special methods of promotion and career promotion and layer upgrade and enable development, them to defend cases in relation to such. x To develop concept on national and other Subject included in this Unit: state's legal provisions and practices regarding promotion & basis and process x Concept of Promotion, Other national for career development, practices, legal provision on promotion x To familiarize with national legal in Public Service of Nepal, provisions on promotion and career x Legal provisions on promotion, special development, promotion and layer upgrade,

185

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Theoretical Issues and legal American Democracy, John Hompkin interpretations on promotion, special University Press, Baltimore promotion and layer upgrade, x Rupert McNeil, A new approach to x Educational qualification, evaluation of recruitment and promotion in the Civil work performance and experiences, Service, x Developed values, practices and https://quarterly.blog.gov.uk/2018/07/03/ Supreme Court Judgments on Promotion a-new-approach-to-recruitment-and- Procedures promotion-in-the-civil-service/ Reference Materials: x Kabiraj Poudel et. al vs. Office of Prime Minister and Council of Ministers, NKP x Civil service Act, 2049 (1993), Chapter 4 2065, Volume 7, Decision No. 7984 x Civil Service Rules, 2050 (1993), x Rambabu Bhandari et. al vs. Office of Chapter 10 Prime Minister and Council of Ministers, Madhunidhi Tiwari, x ;fj{hlgs k|zf;gsf NKP 2069, Volume 3, Decision No. 8782 , 2060, Publisher Kanti Tiwari, s]xL kIfx? x Dr. Thakur Raj Adhikari vs. Nepal Kathmandu Government, Office of Prime Minister x Jack Rabin, Thomas vocino, W. Bartley and Council of Ministers, NKP 2069, Hildreth and Gerald Miller (1994), Volume 4, Decision no. 8815 Handbook of Public Personnel x Ratneswor Prasad Sharma et. al vs. Administration, Marcel Dikker Inc. New Nepal Government, Office of Prime York Minister and Council of Ministers, NKP x Patricia Wallace Ingraham, (1995), The 2074, Volume 3, Decision no. 9783 Foundation of Merit Public Service in

Session 9 Promotion Process Objective of the session: x To inform them about the role of Public Service Commission on promotion x To train them on practices from other procedure. states and their legal provisions related to Subject included in this Unit: promotion procedures, x To inform about the existing legal x Types of promotion and Principles on provisions on promotion procedures of promotion, those involved in Civil Service and x Procedural legal provisions on promotion, Public Service, x Method, Process and Practices for the x To inform about promotion committee establishment of promotion committee, and the procedure for the establishment x Interpretation and Legal Principles from of promotion committees formed under Supreme Court on complaint against different Service groups; promotion and publication of promotion x To inform them about promotion list. procedure, publication of promotion Reference Materials: name list, complaint mechanism against x Civil service Act, 2049 (1993), Chapter 4 promotion and action taken against x Civil Service Rules, 2050 (1993), employees under different service groups, Chapter 10 x Nepal Health Service Act, 2053(1997), Chapter 4 186

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Nepal Health Service Rules, 2055 (1999), x Lokraj Poudel et. al. vs. Bebasthapakiya Chapter 8 Samsad Sachibalaya et. al, NKP 2068, x PERSONNEL ADMINISTRATION, Volume 11, Decision No. 8709 Jack Rabin et.al (editors), Marcel Dekker, x Mira Rana vs. Radio Nepal et. al, NKP New York 2066, Volume 2, Decision No. 8074 x Dr. S. B. M. Marume, Public Personnel x Shivkumar Basnet vs. Public Service Administration, International Journal of Commission et. al, NKP 2064, Volume Business and Management Invention, 10, Decision No. 7894 Volume 5 Issue 6|| June. 2016, x Shrimati Renu Adhikari vs. Office of the https://www.ijbmi.org/papers/Vol(5)6/H0 Prime Minister and Council of Ministers, 506046054.pdf Singhdurbar et. al, Subject: Certiorari et. x Rupert McNeil, A new approach to al, NKP 2063, Volume 6, Decision No. recruitment and promotion in the Civil 7710 Service, x Dr. Dipendra Shrestha et. al vs. Ministry https://quarterly.blog.gov.uk/2018/07/03/ of Health and Population, Ramshahpath, a-new-approach-to-recruitment-and- Kathmandu et. al, NKP 2075, Volume 3, promotion-in-the-civil-service/ Decision No. 9968 x a9'jf ;DaGwL ph'/L ;f/ ;+u|x, 2058 to x Krishna Prasad Wagle vs. Registrar, 2064/65 and 2065/66 to 2069/70 Appellate Court, Butwal et. al, NKP x Sampat Ghimire vs. Public Service 2075, Volume 1, Decision No. 9934 Commission et. al, NKP 2067, Volume x Sharmila Maharjan et. al vs. Public 12, Decision No. 8518 Service Commission Office, Anamnagar, x Balram Khatri et. al vs. Prime Minister Kathmandu et.al, NKP 2074, Volume 10, and Council of Ministers et. al, NKP Decision No. 9886 2067, Volume 11, Decision No. 8498 Session -10 Moral Conduct of Civil Servants and Employees of Public Service

Objective of the session: x Conceptual development and practices, x Breach of Conduct and Remedies, x To impart information about the Moral x Method, Process and Consequences on Conduct of Civil servants and employees action taken upon complaint. of different services Reference Materials: x To impart knowledge about the interrelationship between Ethics and x Civil service Act, 2049 (1993), Chapter 7 Moral Conduct x Code of Conduct of Civil Servants, 2065 x To inform about the breach of conduct & x Sample Code of Ethics of Civil Servants, the process, method and action for its http://www.aalep.eu/sample-code-ethics- remedy and consequences thereof civil-servants x To inform them about Supreme Court's x Civil Service Code: Standard and perspective on sanction made against Behaviour, code of conduct of Civil Servants https://www.sipo.ie/en/Codes-of- Subject included in this Unit: Conduct/Civil-Servants/Civil-Service- Code-of-Standards.pdf x Theory and practical aspects on Ethics x IMPLEMENTING EFFECTIVE and moral conduct of Civil Servants, ETHICS STANDARDS IN 187

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal GOVERNMENT AND THE CIVIL x Lekhnath Poudel vs. Administrative SERVICE', Transparency International, Court et. al, NKP 2061, Volume 8, https://www.oecd.org/mena/governance/ Decision No. 6429 35521740.pdf x Yogendra Prasad Yadav vs. Public x PUBLIC SERVICE (VALUES AND Service Commission, NKP 2059, Volume PRINCIPLES) ACT, 2015 (Kenya), 5,6, Decision No. 6310 kenyalaw.org/.../Acts%20and%20Regula x Ramchandra Shrestha vs. kshetriya tions/ Sajha Bikash Karyalaya, NKP 2046, x Krishna Poudel vs. Ministry of Finance Volume 8, Decision No. 4195 et. al, NKP 2064, Volume 10, Decision x Purusottam Shrestha vs. Panchayat and No. 7886 Ministry of Local Development, NKP 2042, Volume 12, Decision No. 2578 Session 11 Departmental action

Objective of the session: x Civil Servants Rules, 2050 (1993), Chapter 15

x To provide basic information about the x Keshav Raj Pandey, k|zf;sLo sfg"g, concept, scope and principles of Fourth Edition, 2074 departmental action, x Dr. Sambhu Prasad Khanal, k|zf;sLo sfg"g

x To train about the types and procedures x Dr. J. N. Pandey, The Constitutional Law (Absence, Repeal, Retirement and of India, 48th ed. 2011, Central Law Dismissal, etc.) of departmental action Agency,

x To familiarize them on departmental x Lloyd G. Nigro and J. Adward Kellough action and Court's Proceedings and (1986), The New Public personnel clarify on the differences between the Administration, (Chapter Eight, Public two. Employees: Rights and Responsibilities ) x To conceptually clarify them on Supreme 7th edition (2014), Wadsworth Cengage Court's perspective on departmental Learning, action and Court's Proceedings x A GUIDEBOOK FOR Subject included in this Unit: DEPARTMENTAL INQUIRIES UNDER THE PUNJAB CIVIL x Concept, principles, legal provisions and practices on departmental action. SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, x Legal provisions and procedures regarding departmental action in Public 1999 ://regulationswing.punjab.gov.pk/sy Services of Nepal, stem/files/GuideBook_ED_1999%281% 29.pdf x Types of departmental action, rules and principles to be followed while x Lekhnath Paudel vs. Administrative observing departmental action, Court, Singhadurbar et al., NKP 2061, Decision No. 7429 x Court's practice and perspectives regarding departmental action. x Ram Prasad Sitaula vs. Timber Corporation of Nepal, NKP 2064, Reference Materials: Volume 2, Decision No. 7816 x Civil Servants Act, 2049 (1993), Chapter x Gulab Singh Thakur vs. Madhyamanchal 9 Kshetriya Prahari Karyalaya Nepalgunj

188

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal et.al, NKP 2045, Volume 6, Decision No. x Prakash Yadav vs. Administrative Court, 3476 Kathmandu et al., NKP 2063, Volume 6, x Shankar Kumar Bhandari vs. Nepal Decision No. 7715 Bank Ltd. et al, NKP 2064, Volume 12, Decision No. 7906 Session 12 Procedures of Departmental Action and Fair Trial

Objective of the session: x Dr. Sambhu prasad Khanal, k|zf;lso sfg"g x Dr. J. N. Pandey, The Constitutional Law x To conceptually clarify about the process of India, 48th ed. 2011, Central Law of departmental action and principle of Agency, fair trial x Aurthur L. Finkle () The practice of x To inform about the principles to be Employee Discipline, PUPBLI followed while taking departmental PERSONNEL ADMINISTRATION, actions (Principles of Natural x Lydia Kerketta, Audi Alteram Partem: Justice, Right to hearing, Procedural Right to Fair Hearing, fairness, Reasonable Decision, http://www.legalservicesindia.com/articl Jurisdiction, Right to appeal, etc.) e/1860/Audi-Alterem-Partem-Right-to- x To clarify about the procedures, authority, fair-hearing.html Right to hearing and process on x Ms. Mausami Sharmah, Exception to the departmental action in Public Service of Principles of Natural Justice, LAW Nepal MANTRA, x To introduce them with the consequences http://journal.lawmantra.co.in/wp- of procedural errors while taking content/uploads/2015/05/22-new.pdf departmental action x Mukesh Basnet vs. Armed Police Force x To inform them about the Supreme Headquarter, NKP 2070, Volume 7, Court's perspective regarding the Decision No. 9037 departmental action x Madhav Prasad Chaulagain vs. Ministry Subject included in this Unit: of Health and Population, NKP 2069, Volume 2, Decision No. 8769 x Procedures of departmental action and the principles of fair trial x Shankar Kumar Bhandari vs. Nepal Bank Ltd. et al, NKP 2064, Volume 12, x Right to hearing, Methods and Process for Notice Decision No. 7906 x Prakash Yadav v. Prashashakiya Adalat, x Contents required in Notice Kathmandu et.al., NKP 2063, Volume 6, x Mandatory Procedures Decision No. 7715 x Consequences of procedural errors, x Krishna Prasad Paudel vs. Nepal Police x Court's perspective on right to hearing Headquarters, Naxal, Kathmandu et al., Reference Materials: NKP 2066, Volume 4, Decision No. 8120 x Civil Servants Act, 2049 (1993), Chapter x Indira Jha vs. District Administrative 9 Office, Dhanusha, NKP 2065, Volume 2, x Civil Servants Rule, 2050 (1993), Decision No. 7930 Chapter 15 x Devendra Kumar Subba vs. Ministry of x Keshavraj Pandey, k|zf;lso sfg"g, Fourth Commerce and Supplies, NKP 2074, Edition, 2074 Volume 10, Decision No. 9893 189

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Man Bahadur B.K. vs. Administrative x Ram Prasad Sitaula et. al, vs. Timber Court et al., Supreme Court Bulletin, Corporation of Nepal, N.K.P. 2064, Year 18, Volume 3, Jestha, 2066, Issue Volume 2, Decision No. 7816 405, Page. 18 Session 13 Study leave, Nomination for a Study and Training

Objective of the session: x Nepal Health Service Rules, 2055 (1999), Chapter 7

x To impart knowledge among government x Scholarship Rules, 2060 (2003) attorneys' regarding study leave and x Madhunidhi Tiwari, ;fj{hlgs k|zf;gsf s]xL about types and nature & necessity of kIfx?, 2060, Publisher: Kanti Tiwari, study and training in civil service and Kathmandu other public services, x Haridatta Pandeya, sd{rf/Lsf] sfo{Ifdtf x To train them about the procedures, clej[l4sf nflu tflnd / g]kfnsf] lghfdtL ;]jfdf principle of selection and standards for o;sf] Joj:yf, 2064, Baisakh, Year 10, nominating employees working under Volume 1, Issue 19, k|zf;g, Joj:yfkg / ljsf; Public service for a study and training, s]Gb|, Kathmandu x To inform them about grounds, process x David Garson and Dennis M. Daley, and procedure of selection for study Personnel Training and Development, leave, study and training in service PUBLIC PERSONNEL related laws of Nepal; and to make them ADMINISTRATION competent to defend on such. x Lloyd G. Nigro and J. Adward Kellough Subject included in this Unit: (1986), The New Public personnel Administration, 7th edition (2014), x Concept of Study leave, Types and Wadsworth Cengage Learning, nature of study and trainings, x Leave Rules, x Types of Study leave; Grounds & https://www.nitt.edu/www/uploads/684_l standards for nominating employees in eaverulesv2.pdf study and trainings, x Chhabilaal Paudel vs. Commission for x Nepalese Legal provisions for Investigation of Abuse of Authority, NKP nominating employees in study and 2069, Volume 3, Decision No. 8795 trainings x Madhav Prasad Chaulagain vs. Ministry x Supreme Court's perspective for of Health and Population, NKP 2069, nominating employees in study and Volume 2, Decision No. 8769 trainings x Jagadish Prasad Chauhan vs. Nepal Reference Materials: Bank Limited, N.K.P. 2069, Volume 1, x Civil Servants Act, 2049 (1993), Chapter Decision No. 8752 6 x Jayaram Adhikari vs. Office of Council x Civil Servants Rules, 2050 (1993), of Ministers, NKP 2073, Volume 12, Chapter 8 & 9 Decision No. 9734 x Nepal Health Service Act, 2053(1997), x Dr. Santosh Paudel vs. Nepal Chapter 5 Government, Ministry of Health et.al., NKP 2074, Volume 4, Decision No. 9793

190

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 14 Transfer of Employees Objective of the session: x Nepal Health Service Act, 2053(1997), Chapter 4 x To inform government attorneys' about x Nepal Health Service Rules, 2055 (1999), the concept of transfer of an employee of Chapter 5 civil service and other public service, x Madhuniti Tiwari, ;fj{hlgs k|zf;gsf s]xL x To provide basic knowledge about the kIfx?, 2060, Publisher Kanti Tiwari, necessity, grounds and standards of Kathmandu, transfer for an employee, x Laxmi Datta Kalauni, x To inform them about the officers ‘sd{rf/L ;?jf: ;f+u7lgs tyf JolQmut :jfy{sf involved in employees transfer, tenure of demwf/df k|zf;g’, Volume 10, Ministry of transfer, grounds of transfer before General Administration, Singhadurbar fulfilling the tenure and schedule; and Kathmandu facilities to be received by employees, x Professor Pushkar Bajracharya and Dr. x To train them on legal provisions Clive Grace, The Nepal Civil Service regarding complaints and review against and Re-structuring of State, An Option Transfer, Paper, Ministry of General x To update them about Supreme Court's Administration/UNDP, perspective on transfer of employee and x http://www.np.undp.org/content/dam/nepal/d to make them competent to defend on ocs/projects/UNDP_NP_PREPARE_the- such nepal-civil-service-and-re-structuring-of-the- Subject included in this Unit: state.pdf x Maniram Dhakal vs. Ministry of General x Concept and Principle of Transfer Administration, Writ No. 2073-WO-931, x Objective of the session of Transfer Decision Date: 2074/3/6 (experience in geographical area, Menaka Hamal vs. Ministry of General development of work efficiency and x Administration et. al., Writ No. 066-WO- experience) 270, Decision Date: 2068/1/6 x Criteria, schedule, process of Transfer Prativa Kumari Singh vs. Ministry of and the authority x Health and Population, NKP 2072, x Complaint upon Transfer and Response Volume 12, Decision No. 9511 x Supreme Court's perspective Raj Narayan Thakur vs. Ministry of Reference Materials: x Health and Population, Writ No. 073- x Civil Servants Act, 2049 (1993), Chapter WO-0567, Decision Date: 2074/4/1 4 x Maheshwor Kumar Kunwar et.al. vs. x Civil Servants Rules, 2050 (1993), Health Service Department, NKP 2053, Chapter 6 Volume 8, Decision No. 6247

Session 15 Code of Conduct of Police/Armed Police Force Employees and Punishment Objective of the session: x To provide basic information about the similarities and differences between the x To introduce government attorneys' code of conduct of the police employee about code of conduct of police and of other services employee

191

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x To train them about the punishment on x Police Rules, 2071, Part 9 breach of conduct committed by police x Armed Police Force Rules, 2072, Part 11 employee x Hemraj Jaisi vs. Mid Western Regional x To clarify them with different kinds of Police Office, Surkhet and others, NKP punishments and its relevancy for the 2070, Volume 4, Decision No. 8998 breach of Conduct committed by Police x Ali Akhtar Miya vs. Police Headquarter employee et.al., 2070, Writ No. WO-0505, Subject included in this Unit: Decision Date 2072/5/23 x Ganesh Bahadur Dura et.al. vs. Nepal x Concept of Code of Conduct and Nature Government, Office of Prime Ministers of Code of conduct within Police service, and Council of Ministers et.al., NKP x Difference between the Code of conduct 2073, Volume 4, Decision No. 9579 of police employee and of other services x Manoj Kumar Dev vs. Ministry of Home x Legal provisions on Code of conduct Affairs, Singhadurbar, Kathmandu and x Supreme court's perspective on Code of others, NKP 2063, Volume 7, Decision conduct No. 7732 Reference materials: x Narayan Prasad Sapkota vs. Ministry of x Police Act, 2012 (1955), Part 4 Home Affairs et.al, Supreme Court x Armed Police Force Act, 2058 (2001), Bulletin, Year 15, Jestha 2063, Issue 335, Part 3,4,5 Page 8

Session 16 Departmental action against Police Employees

Objective of the session: x Supreme court's perspective and practices on departmental action against x At the end of the session, Government employees Attorneys' will be informed about the Reference materials: interrelation between the departmental action and Court proceedings of Police x Police Act, 2012 (1955) employees as well as inform them about x Police Rules, 2071 the procedure for departmental action, x k|x/L ;]jfsf] kbdf lgo'lQm / a9'jf authority, Right to Hearing and ubf{ ckgfpg'kg]{ ;fdfGo l;4fGt, @)^( [General clarification, Documents (krf{ v8f), Principles to be adopted during Principle of natural justice and it's appointment and promotion of police exception. employees, 2069] Subject included in this Unit: x Rekham Bahadur Shahi vs. Nepal Police Headquarter, Naxal, Kathmandu et.al., Process of departmental action upon x NKP 2075, Volume 2, Decision No. 9962 police employees, x Pramananda Chaudhary vs. District Right to hearing and clarification, x Administrative Office, Morang, NKP Principle and Implementation of Natural x 2075, Volume 1, Decision No. 9938 Justice, x Rajendra Bista vs. Ministry of Home Process to form the Documents (krf{ v8f) x Affairs et.al., NKP 2074, Volume 2, and Involved authority, Decision No. 9769

192

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Ganesh Bahadur Dura and others vs. x Naresh Dagaura vs. Armed Police Force Nepal Government, Office of Ministers Head Quarter, Halchowk et.al., NKP and Council of Ministers et.al., NKP 2072, Volume 9, Decision No. 9464 2073, Volume 4, Decision No. 9579 x Chiranjibi Kharel vs. Nepal Police x Shankar Pandit vs. Nepal Police Headquarter, Naxal, NKP 2072, Volume Headquarter and others, NKP 2072, 2, Decision No. 9347 Volume 9, Decision No. 9466 x Mansingh Bohara vs. Commissioner for Office of the Metropolitan Police et.al., NKP 2071, Volume 6, Decision No. 9178 Session 17 Code of Conduct of Nepal Army and Departmental Action

Objective of the session Reference Materials: x To introduce Government Attorneys' x Army Act, 2063 (2006) B.S, part with Code of conduct of military 7,8,9,10 personnel x Court Martial Rules, 2064 (2008) x To provide basic information about the x Sainik Sewa Niyamawali, 2069 (Army similarities and differences between the Service Rules, 2069) code of conduct of the military personnel x Sainik Prabidhik Sewa Niyamawali, and employees of other services 2019 (Military Technical Service Rules, x To train about punishment on breach of 2019) conduct to military personnel x Nepali Sainik Biman Sambhar Samuha x To familiarize them with different kinds Niyamawali, 2042 (Nepalese Military of punishments and its relevancy for the Aircraft Maintenance Group Rules, 2042) breach of Code of Conduct committed x Sainik (Hawai Pariwohan) Niyamawali, by military personnel 2030 (Military Air Transport Rules, 2030 x To clarify about the different kinds of B.S) punishments and its relevancy for the x Sainik Upacharika Niyamawali, 2049 breach of Conduct committed by (Military medical Manuals, 2049) Military personnel x Sainik Kalyankari Kosh Niyamawali, x To introduce them with departmental 2065 (Military welfare fund regulation, action made against military personnel 2065) for breach of Code of Conduct and x George H. Prugh, Code of Conduct for introduce them with court's perspective the Armed Force, Columbia Law Review, towards it and to make them competent 1956 to defend on such. x Standards of Conduct for Department of Subject included in this Unit: the Army Personnel, https://www.loc.gov/rr/frd/Military_Law/ x Code of conduct of Nepal Army pdf/AR_600-50_01-28-1988.pdf x Conditions for breach of Code of x The New French Code of Military Conduct, Process of departmental action Justice Major George C. Ryker and Principles of Hearing x Lieutenant Ramji Thapa vs. Nepali Jangi x Jurisdiction of Special Court Martial and Adda Bhadrakali, NKP 2070, Volume 5, Subjects of appeal Decision No. 9010

193

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Sushma Gautam et.al. vs. Directorate of x Krishna Khadka vs. Government Recruitment and Selection, Jungi Adda, of Nepal Defense Ministry and others, Bhadrakali et.al., NKP 2073, Volume 8, NKP 2065, Volume 10 Decision No. Decision No. 9663 8027 x Bhim Kumar Wantawa and others vs. x Krishna saran Maskey vs. Government of Government of Nepal Defense Ministry Nepal, Defense Ministry and others, and others, NKP 2065, Volume 10, NKP 2073, Volume 7, Decision No. 9328 Decision No. 8020

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

Objective of the session: x Process and Principles to be followed during departmental action,

x To train government attorneys' about the x Appeal upon departmental action, concept, necessity and relevance of x Court's perspective and practices upon departmental action carried out against departmental action. employees, Reference material: x To inform them about the nature and types of departmental action carried out x Mark Elliot and Jeson Varuhas (2017). against employees of different services, Administrative Law: Text and Materials, rd x To conceptually clarify them about the 3 ed. Oxford University Press process and principles to be followed x Barnes, J; Douglas, R, 2015, Lexis Nexis (Principle of natural justice along with Questions and Answers- Administrative principle of Fair trial, Right to hearing, Law reasonable decision, right to appeal, etc.) x Timothy Endicott (2015), Administrative rd during departmental action, Law, 3 ed. Oxford University Press x To inform them on the differences x Hamid Khan (2013), Principles of between departmental action and court Administrative Law: A Comparative proceedings, Study, x To familiarize them with Supreme x Amartya bag, Guidelines and procedure Court's perspective on court proceedings of inquiry in case of misconduct by and departmental action and to make government employees in India, them competent to defend on such, https://blog.ipleaders.in/procedure- Subject included in this Unit: inquiry-misconduct-by-government- employees/ x Concept and Importance of departmental x Ram Prasad Sitaula vs. Timber action, Corporation of Nepal, NKP 2064, x Types of departmental action, Volume 2, Decision No. 7816 x Authority involved in departmental x Gulab Singh Thakur vs. Madhyamanchal action, Kshetriya Prahari Karyalaya Nepalgunj x Steps and process of departmental action, et.al, NKP 2045, Volume 6, Decision No. 3476

194

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 19 Removal and Termination from Service

Objective of the session: x Hamid Khan (2013), Principles of Administrative Law: A Comparative x At the end of the session, the Study, Government attorneys' will be x Dr. Shambhu Prasad Khanal, k|zf;sLo acquainted with the nature of the crime sfg"g with moral turpitude, condition for x Keshav Raj Pande, k|zf;sLo sfg"g, Fourth dismissal from the service, applied Edition, 2074, Part 9 procedures, process, court's perspective x Rajendra Kumar KC vs. Ministry of & practices for the dismissal; and shall Forest and Soil conservation, NKP 2072, apply in the course of performance of Volume 11, Decision No. 9498 their designated work. x Yogendra Giri vs. Ministry of Health and Subject included in this Unit: Population, NKP 2072, Volume 8, Decision No. 9458 x Types and Nature of Crime with moral x Tara Bahadur Rana Magar vs. Ministry turpitude of Health and Population, NKP 2072, x Conditions of dismissal from service Volume 7, Decision No. 9436 x Process of dismissal x Laxman Lama vs. Armed Police Force x International practices related to moral Head Office, NKP 2071, Volume 8, turpitude Decision No. 9234 x Concept of moral turpitude and its' effect x Ramkumar Ranapaheli vs. Nepal in service Government, Ministry of Home Affairs, Reference Material: NKP 2070, Volume 11, Decision No. x Mark Elliot and Jeson Varuhas (2017). 9072 Administrative Law: Text and Materials, x Mukesh Basnet vs. Armed Police Force 3rd ed. Oxford University Press Head Office, NKP 2070, Volume 7, x Barnes, J; Douglas, R, 2015, LexisNexis Decision No. 9037 Questions and Answers- Administrative x Hemraj Jaisi vs. Mid Western Regional Law Police Office, Surkhet and Others, NKP x Timothy Endicott (2015), Administrative 2070, Volume 4, Decision No. 8998 Law, 3rd ed. Oxford University Press Session 20 Disputes related to Upgrade, Title of Post and Posting of Employees of Health Services

Objective of the session: Upgrade, etc.) of the employee of health services, x To impart knowledge to the Government x To train them about similarities and Attorneys' about group, sub group, level differences between the Promotion and and post of the employees of health Upgrade and Supreme Court's services, perspective, x To conceptually clarify them about the Career development (Promotion and

195

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Subject included in this Unit: x Rambabu Bhandari et.al. vs. Prime Minister and Office of Council of x Formation of health service, group and Ministers, NKP 2069, Volume 3, sub group division Decision No. 8782

x Concept and legal provision related to x Dr. Thakur Raj Adhikari vs. Rambabu the Promotion, Upgrade and Title of Post Sharan Jaiswal, NKP 2069, Volume 4, x Differences between promotion and layer Decision No. 8815 upgrade, Supreme Court's Perspective x Bijaya Kranti Shakya et.al. vs. Office of Reference Materials: Prime Minister and Council of Ministers x Nepal Health Service Act, 2053(1997), et.al., NKP 2068, Volume 4, Decision No. Chapter 3 and 4 8591 x Nepal Health Service Rules, 2055 (1999), Chapter 2 and 8 Session 21: Basic Information related to Writ

Objective of the session: x Constitutional and legal provision related to Writ

x To clarify about the theoretical concept x Matter to be incorporated in written (Meaning, Conceptual Development, response Constitutional and Legal provision x Role of government attorneys' in Writ related to Writ), types of writ to the filed against Nepal Government Government Attorney, Reference Materials:

x To provide basic information about x Constitution of Nepal major principles of writ, conditions of x Supreme Court Act, 2048 (1991) Issuance and Non-issuance of writ, x Supreme Court Rules

x To train them about the matter to be x High Court Rules incorporated in written response, x District Court Rules

x To conceptually clarify the role of x Rebati Raman Khanal, l/6 lgj]bg l;4fGt / government attorney in the precedents Jojxf/ filed against Government of Nepal, x Top bahadur Singh, g]kfnsf] ;+ljwfg things to be keep in mind while / ;+j}wflgs sfg"g defending and and to make them x MP Jain (2017), Indian Constitutional competent to defend on such. Law, 8th ed. Lexis Nexis, India Subject included in this Unit: x V.N. Sukla (2017), Constitution of India, 13th ed. Eastern Book Company x Meaning, concept and Historical x D. L. Keir and F. H. Lawson, Cases in development of writ Constitutional Law x Types and conditions for issuance and x Dr. J. N. Pandey, The Constitutional Law non-issuance of writ th of India, 48 ed. 2011, Central Law Major principles related to writ x Agency

196 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

Session 22 Defending disputes related to the Employees of concerned Service

Objective of the session: x Subjects to be considered while x To inform Government Attorneys' about defending the dispute related to the terms the principles laid down by Supreme and conditions of service and strategy to Court with regard to Interpretation of be adopted while defending the dispute Laws on Terms and Conditions of Reference Materials: service, x sd{rf/L ;DaGwL ljjfbdf ;jf]{Rr cbfntsf] x To update them about the Supreme b[li6sf]0f ;DaGwdf cg';Gwfgd"ns cWoog k|ltj]bg, Court's perspective on disputes related to Office of the Attorney General Terms and Conditions of service, x Ram Prasad Sitaula vs. Timber x To inform them about the Supreme Corporation of Nepal, NKP 2064, Court's important interpretations on Volume 2, Decision No. 7816 disputes related to Terms and Conditions x Gulab Singh Thakur vs. Madhyamanchal of service, Kshetriya Prahari Karyalaya Nepalgunj x To make them clear about the principle et.al, NKP 2045, Volume 6, Decision No. to be considered, practice and the 3476 strategy to be adopted while defending x Dhruba Prasad Rijal vs. Civil Personnel the dispute related to the terms and Supreme Court Bulletin, Year 15, conditions of service and to make them Volume 9, Bhadra 2063, Issue 340 competent to defend on such. x Suresh Prasad Yadav vs. Office of the Subject included in this Unit: Prime Minister and Council of Ministers x Principle of interpretation of law on et.al., Supreme Court Bulletin 2068, Year Terms and Conditions of service 15, Volume 24 ) x Supreme court's perspective on disputes x Prabesh Ram Bhandari et.al. vs. related to Terms and Conditions of Ministry of Federal Affairs, NKP 2073, service Volume 5, Decision No. 9593 x Important Interpretation of Supreme Court on dispute relating to the terms and of service Session 23 Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-1

Objective of the session: Recommendation Process, Teaching To train Government attorneys' about License, the main provisions of Education Act as x School Management Committee, mentioned below: Provisions regarding merger of Schools, x Department of Education, District x Teachers' union, Teachers' Conduct Education Office and District Education Subject included in this Unit: Committee, x Structure and Objective of the session of x Educational qualification, Training, Education Act,2028 Teacher Service Commission, x Major subjects of Education Act,2028

197 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Legal provision relating to the x Brish Bahadur Rai vs. Ministry of establishment and operation of Education and Sports, NKP 2067, Institutional and Community school Volume 10, Decision No. 8481 x Provision relating to Teaching License x Amrita Bhattarai vs. Teacher Service x Condition for Transfer of Teachers, Commission et.al., 2073-WO-1189, conditions where Salary and allowance Decision Date: 2074/6/2 shall not be received and the tenure of x Ghanashyam Bhusal et.al. vs. Teacher service shall not be counted Service Commission et.al., 2073-WO- x Supreme Court's interpretation on such 1193, Decision Date: 2074/6/2 issues x Aastha Ale vs. Teacher Service Reference Material: Commission et.al., 2073-WO-1228, x Constitution of Nepal Decision Date: 2074/6/2 x Education Act, 2028 (1971) Session 24 Disputes related to Education Act, Teachers Service Commission Rules and Education Regulations-2

Objective of the session: x Provision relating to Teaching License To train Government attorneys' about the x Condition for Transfer of Teachers, main provisions of Education Act as conditions where Salary and allowance mentioned below: shall not be received and the tenure of x Department of Education, District service shall not be counted Education Office and District Education x Supreme Court's interpretation on such Committee, issues x Educational qualification, Training, Reference Material: Teacher Service Commission, x Education Act, 2028 (1971) Recommendation Process, Teaching x Brish Bahadur Rai vs. Ministry of License, Education and Sports, NKP 2067, x School Management Committee, Volume 10, Decision No. 8481 Provisions regarding merger of Schools, x Amrita Bhattarai vs. Teacher Service x Teachers' union, Teachers' Conduct Commission et.al., 2073-WO-1189, Subject included in this Unit: Decision Date: 2074/6/2 x Structure and Objective of the session of x Ghanashyam Bhusal et.al. vs. Teacher Education Act,2028 Service Commission et.al., 2073-WO- x Major subjects of Education Act,2028 1193, Decision Date: 2074/6/2 x Legal provision relating to the x Aastha Ale vs. Teacher Service establishment and operation of Commission et.al., 2073-WO-1228, Institutional and Community school Decision Date: 2074/6/2

Session 25 Division of Service Group

Objective of the session: and relevance for the division of service x To inform Government Attorneys' about group in Public Service, the concept of service group; objective x To familiarize them with the specialization and cluster; and inform 198

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal them about the grounds for specialization x Nepal Economic Planning and Statistics and division of Service Groups, Service ( Formation, Groups, Class x To inform them about various Public Division and Appointment) Rules, 2051 service and Groups, x Nepal Forest Service ( Formation, x To clarify them about civil service and Groups, Class Division and Appointment) groups, Group alteration and grounds for Rules, 2051 alteration, x Nepal Judicial Services Formation, x To update about the view of supreme Groups, Class Division and Appointment) court related to the Change of service Rules, 2051 group and and to make them competent x Nepal Education Services (Formation, to defend on such. Groups, Class Division and Appointment) Subject included in this Unit: Rules, 2050 (1993) x Concept of Service group in public x Nepal Foreign Service Rules, 2068 service, Objective and relevancy of x Special Group Personnel Administration division of Service group and Management Rules, 2065(2008) x Specialization and Cluster of civil x Nepal Engineering Services (Formation, service, and grounds for specialization Groups, Class Division and Appointment) and division of Service Groups Rules x Various Public services and Groups' x Udayaraj Poudel vs. Nepal Government, under it Office of the Prime Ministers and x Groups of Civil service and Public Council of Ministers, NKP 2072, Volume service; group alteration and grounds for 1, Decision No. 9321 alteration, x Yubaraj Subedi vs. Office of the Prime x Supreme court's perspective regarding Minister and Council of Ministers, NKP Service Group Alteration 2069, Volume 10, Decision No. 8898 Reference Materials: x Shyam Kumar Ojha vs. Supreme Court, x Civil Service Act, 2049 (1993), Chapter Office of Promotion Committee, NKP 2 2069, Volume 6, Decision No. 8838 x Civil Service Rules, 2050 (1993), x Sunita Aryal et.al. vs. Public Service Chapter 2, 3 and 4 Commission, NKP 2069, Volume 5, x Nepal Administrative Services Decision No. 8829 ( Formation, Groups, Class Division and x Raskamal Dangol et.al. vs. Office of the Appointment) Rules, 2050 Prime Minister and Council of Ministers et.al., NKP 2068, Volume 10, 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 conditions of The Objectives of the session are: service, departmental action, age and x To conceptually clarify them about the Retirement and Facilities etc.), subject matter and nature of writ on x To clarify them with the points to be Terms and Conditions of service considered while defending Writ on (Appointment, Posting, Transfer, Terms and Conditions of service and to Promotion, Educational Qualification make them competent to defend on such.

199

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

Session 27 On Leave Objective of the session: x Important Interpretations from Supreme The Objective of the session are: Court on the issue of Leave. x To inform them about the concept and Reference Materials: types of leave and its conditions for x Civil Service Act, 2049 (1993), Chapter conversion, 10 x To train them about the leave procedures x Civil Service Rules, 2050 (1993), and approving authority, Chapter 9 x To clarify them about the duration of x Nepal Health Service Act, 2053 (1997) leave approval, and consequences in case Chapter 11 of non-approval, x Nepal Health Service Rules, 2055 (1999) x To update them with the Supreme Chapter 7 Court’s Judgment and to make them x Dr. Santosh Paudel vs. Nepal competent to defend on such. Government, Ministry of Health and Subject included in this Unit: Population, NKP 2074, Volume 4, x Concept of Leave and related Legal Decision No. 9793 Provisions x Rajendra K.C. vs. Ministry of Forest and x Types of Leave, Approving Authority Soil Conservation, Singhadurbar et.al., and Process of Leave Approval NKP 2072, Volume 11, Decision No. x Conditions for Leave Conversion and 9498 non-conversion x Mukesh Basnet vs. Nepal Armed Police x Consequences in case of non-approval of Force Headquarter, NKP 2070, Volume leave 7, Decision No. 9037

200

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal x Kumar Prasad Pokhrel vs. Nepal x Bhim Prasad Lamichhane vs. District Airlines Corporation et.al., NKP 2069, Education Office, Humla, NKP 2067, Volume 8, Decision No. 8875 Volume 11, Decision No. 8496 x Chhabilal Paudel vs. Commission for the x Shiva Prasad Chaudhary vs. Survey Investigation of Abuse of Authority Department, Minbhawan, NKP 2067, (CIAA), NKP 2069, Volume 3, Decision Volume 7, Decision No. 8419 No. 8795 Session 28 Retirement, Gratuity, Pension & other facilities and Calculation of Tenure and Service Period

Objective of the session: Reference Materials: The Objective of the session are: x Civil Service Act, 2049 (1993), Chapter x To introduce Government Attorneys' 6 with the process and condition regarding x Civil Service Rules, 2050 (1993), retirement of Public officials & Chapter 12 and 13 employees, x Nepal Health Service Act, 2053 (1997) x Employee personal details and the role of Chapter 7 Department of Civil Personnel Records, x Nepal Health Service Rules, 2055 (1999) x To inform them about the retirement Chapter 11 benefits and for that purpose acquaint x Acts and Rules on facilities of different them with legal provisions to calculate service groups and authorities tenure and service period, x Sharda Devi Paudel vs. Nepal x To train them about the facilities Government, Ministry of General received by successor and those who are Administration et.al., NKP 2073, Volume entitled, in case of the death of civil 9, Decision No. 9682 servant while in service, x Ram Bahadur Singh vs. Nepal x To update them about Supreme Court's Government, Ministry of General perspective on the calculation of the Administration et.al., NKP 2070, Volume period of employment and age of 4, Decision No. 9000 employee and to make them competent x Jagadev Shah Kanu vs. Department of to defend on such. Civil Personnel Records et.al., NKP Subject included in this Unit: 2066, Volume 6, Decision No. 8151 x Conditions and Process for retirement of x Kulbahadur Limbu vs. Ministry of Civil Servants and Public Officials Culture, Tourism and Civil Aviation, x Legal Provisions and Practices NKP 2067, Volume 6, Decision No.8392 concerning Age calculation x Janak Prasad Kamat vs. Office of the x Facilities received by employees Prime Minister and Council of Ministers, x Calculation of service period Singhdurbar, Kathmandu, NKP 2074, x Employee's Personal Details and Role of Volume 9, Decision No. 9877 the Department of Civil Personnel x Ganesh Bahadur Khatri vs. Ministry of Records Home Affairs, NKP 2068, Volume 9, x Supreme Court’s perspective on Decision No. 8676 Retirement, Calculation of tenure and service period and age calculation

201

Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 29 Educational Qualification, Equivalency and Affiliation

Objective of the session: Reference Materials: The Objective of the session are: x Civil Service Rules, 2050 (1993), x To inform government attorneys' about Chapter 3, 15 and Rule 127 the determination of educational x Acts and Rules on Division of Different qualification, grounds and process for Service Groups determination of educational x Nepal Health Service Act, 2053 (1997) qualification for the appointment in Civil Chapter 3, 4 and Public Post, x Nepal Health Service Rules, 2055 (1999) x To familiarize them with the concept of Chapter 15 and Schedule 6 & 7 equivalency and affiliation of x Alikhan Baimenov and Max Everest- educational qualification, Phillips, Meritocracy for Public Service x To inform them about process for Excellence, determining equivalency and affiliation, http://www.undp.org/content/dam/undp/l formation of equivalency determination ibrary/capacity- committee and its role, development/English/Singapore x To clarify about the determination of x Michael Young, The Rise of the educational qualification and the role of Meritocracy: A Philosophical Critique, Public Service Commission, https://www.sheffield.ac.uk/polopoly_fs/1.15 x To update them with Supreme Court's 5163!/file/philosophicalcritique.pdf perspective on Educational Competency, x Jitendra Yadhav vs. Public Service equivalency and affiliation and to make Commission, NKP 2070, Volume 8, them competent to defend on such. Decision No. 9041 Subject included in this Unit: x Renu Adhikari vs. Office of the Prime x Determination of Educational Minister and Council of Ministers et.al., Qualification during the appointment in NKP 2063, Volume 6, Decision No. 7710 Civil Service and Public Post x Harisharan Karki et.al. vs. Ministry of x Grounds and process for determining Law, Justice and Parliamentary Affairs, Educational Qualification NKP 2059, Decision No. 7068 x Legal provision related to Equivalency x Shiv Kumar Basnet vs. Public Service and Affiliation of Educational Commission et.al., NKP 2064, Volume Qualification 10, Decision.No.7894 x Role of Public Service Commission for x Dhruba Raj Pradhan vs. Public Service determining Academic Qualification, Commission, NKP 2062, Volume 6, x Process for determining Affiliation and Decision No. 7552 Equivalency x Dr. Ashok Chandra Shrestha vs. Public x Equivalency Determination Committee Service Commission et.al., NKP x Supreme Court's perspective on 2062,Volume 6, Decision No. 7501 Determination of Affiliation and Equivalency and relevant precedents

202 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 30 Question regarding the Unconstitutionality of the law and Service related Laws

Objective of the session: x MP Jain (2017, Indian Constitutional The Objective of the session are: Law, 8th ed. Lexis Nexis, India x To provide conceptual knowledge to x V.N. Sukla (2017), Constitution of India, Government Attorneys' on 13th ed. Eastern Book Company, constitutionality of law & Doctrine of x D. L. Keir and F. H. Lawson, Cases in Ultra Virus, Constitutional Law, x To familiarize them with Presumption of x Dr. J. N. Pandey, The Constitutional Law Constitutionality, Onus to prove of India, 48th ed. 2011, Central Law Unconstitutionality and the Principle of Agency, Judicial restraint in policy matters x D. S. Nakara vs. Union of India, AIR, x To provide basic knowledge on 1983, SC 130, Interpretation of Laws and Principle of x Suneel Jatley vs. State of Hariyana, AIR Severability and train them about 1983, SC 473 Principle of Colorable Legislation, x Balaji and others vs. State of Mysore, x To update them about the Supreme AIR, 1963, SC 649 Court's perspective on constitutionality x Public Service Commission, Central issue of Service laws and to make them Office, Kamalpokhari vs. Shiva Kumar competent to defend on such. Basnet, NKP 2072, Volume 7, Decision Subject included in this Unit: No. 9427 x Concept of Constitutionality of Law and x Dr. Dipendra Shrestha and others vs. Doctrine of Ultra Virus Nepal Government, Ministry of Health x Presumption of Constitutionality, Onus and Population, NKP 2075, Volume 3, to prove Unconstitutionality and the Decision No. 9968 Principle of Judicial restraint in policy x Janak Prasad Kaamat vs. Prime Minister matters and office of Council of Ministers, NKP x Principle of Severability 2074, Volume 9, Decision No. 9877 x Principle of Colorable Legislation x Shambhu Prasad. Sanjel and others vs. x Supreme Court’s perspective on the Ministry of Culture, Tourism and Civil question of constitutionality of the law Aviation, NKP 2064, Volume 9, Decision related to service. No. 7876 Reference Materials: x Gaj Bahadur Bam vs. Office of Prime x Constitution of Nepal Minister and Council of Ministers, NKP x Interpretation of Laws Act, 2010 (1954) 2064, Volume 6, Decision No.7855 x Civil Service Act, 2049 (1993) x Murari Prasad Koirala vs. Office of x Civil Service Rule, 2050 (1993) Prime Minister and Council of Ministers, x Nepal Health Service Act, 2053 (1997) NKP 2063, Volume 6, Decision No. 7708 x Nepal Health Service Rules, 2055 (1999)

203 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 31 Tenure Indicated and Non-Indicated Appointment in Public Service and Disputes

Objective of the session: x Procedures and Standards to be followed The Objective of the session are: during such appointments, x To inform about the nature and position x Supreme Court’s perspective on the (lien) of executive positions nominated appointment, discharge, alternation and or appointed by the Government of Procedures taken in such positions Nepal, the positions representing the Reference Materials: Government of Nepal, the positions of x Development Board Act, 2013 (1956) the heads and members of the x Orders on the formation of different committees formed under the developmental committees, Development Committee Act, x Prof. Dr. Ashok Ratna Bajracharya vs. x To conceptually clarify about the process Nepal Government, Office of Prime and standards to be followed while Minister and Council of Ministers, NKP appointing executive positions 2074, Volume 1, Decision No. 9743 nominated or appointed by the x Praweshram Bhandari et.al. vs. Ministry Government of Nepal, the positions of of Federal Affairs and General the heads and members of the Administration, NKP 9593, Volume 5, committees formed under the x Binit Kumar Jha vs. Nepal Government, Development Committee Act and the Office of Prime Minister and Council of positions representing the Government of Ministers, NKP 2072, Volume 10, Nepal with tenure indicated and non- Decision No. 9478 indicated in Public positions; x Rameshwor Yadhav vs. Nepal x To update them with Supreme Court’s Government, Office of Prime Minister perspective on the appointment, and Council of Ministers, NKP 2069, discharge, alternation and Procedures Volume 9, Decision No. 8889 taken in such positions and to make them x Dr. Santa Bahadur Gurung vs. Nepal competent to defend on such. Government, Office of the Prime Subject included in this Unit: Minister and Council of Ministers, NKP x Information regarding the executive 2064, Volume 4, Decision No.7839 positions nominated or appointed by the x Writ. No.068-WO-0599, Suresh Prasad Government of Nepal, the positions Yadhav vs. Nepal Government, Office of representing the Government of Nepal, the Prime Minister and Council of the nature of the posts and the positions Ministers et. al., (Supreme Court of the heads of the committees Bulletin 2068 B.S. Volume 24) constituted under the Act of x Birju Ranjeet vs. Ministry of Education Development Committee, and Sports, NKP 2062, Volume1, Decision No. 7484

204 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal Session 32 Civil Service and Trade Union

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

Session 33 Administrative Court and Disputes related to service

Objective of the session: Subjects included in this Unit: The Objectives of the session are: x Concept and International practices on x To inform them about the concept of Administrative Court, Administrative court, comparative study, x Formation of Administrative Court and formation of administrative court in its Objective, Nepal and its jurisdiction. x Jurisdiction of Administrative Court and its procedures, x Reinstate in service and Facilities

Session 34 Disputes related to Age Calculation

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

205 Standard and Syllabus of Specialization Training...... Office of the Attorney General, Nepal

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.

206