(The) Social Welfare Rules, 2049

In exercise of the powers conferred by Section 26 of the Social Welfare Act, 2049 (1992), the Social Welfare Council has made and applied the following Rules on 2049.9.24 (8January 1993):

1. Short Title and Commencement:
1. These Rules may be cited as "Social Welfare Rules, 2049 (1993).
2. The Rules shall come into force at once.
2. Definitions:

Unless the subject or context otherwise requires, in these Rules,-

1. 'Act' means the Social Welfare Act, 2049 (1992).
2. 'Committee' means the Working Committee formed pursuant to Section 10 of the Act.
3. 'Chairman' means the Chairman of the Council.
4. 'Vice-chairman' means the Vice-chairman of the Council.
5. 'Member-Secretary' means the Member Secretary of the Council.
6. 'Treasurer' means the Treasurer of the Council.
7. 'International Social Organization' includes any foreign non-governmental organization, which has obtained or is seeking permission from the Council to carry out work within the Kingdom of Nepal pursuant to Section 12 of the Act.
8. 'Permission' means the permission given under Section 12 of the Act by the Council to any foreign non-governmental organization to carry out work within the Kingdom of Nepal.
9. 'Agreement' means any agreement to be entered with any foreign non-governmental organization having obtained permission under Section 12(2) of the Act.
10. 'Affiliation' means any Social Organization affiliated with the Council under Section 13 of the Act.
11. 'Counterpart Organization' means any Social Organization which has obtain permission or which been selected to implement a project in coordination with a foreign donor agency.
12. 'Statute' means the statute of any social Organization affiliated with the Council.
13. 'Assistance' means any assistance to be obtained under Section 16 of the Act.
3. Seal of the Council:

The seal of the Social Welfare Council shall be as indicated in Schedule. 1.

4. Flag of the Council:

The Flag of the Social Welfare Council shall be as indicated in Schedule. 1.

5. Function, Duties and Powers of Chairman:
1. To chair the meeting of the Council or Working Committee.
2. To give directions to smoothly carryout or regulate the functions and activities of the Council or sub-committees or funds under the Council.
3. In the event of necessity, to delegate powers vested in the Chairman to the Vice-chairman, Member Secretary or Treasurer of the Council to smoothly carry out the functions and activities of the Council and the Committee.
4. To implement, and cause to implement, the rules for the attainment of the objectives of the Act.
6. Functions, Duties and Powers of Vice-chairman:
1. To perform the functions and duties and exercise powers of the Chairman in absence of the Chairman, or in cases where the Chairman has so designated.
2. To carry out, and cause to be carried out, such functions and activities as are required for the coordination and assistance with Social Organization.
3. To inspect the functions and activities of the Council and fund and sub-committees under it and give necessary directions.
7. Functions, Duties and Powers of Member Secretary:
1. To convene the meeting of the Council or Committee, with the approval of the Chairman.
2. To implement, and cause to be implemented, the decisions of the Council or Committee.
3. To authenticate the decisions of the Council or Committee.
4. To sign, or cause to be signed, such agreements on behalf of the Council as may be concluded with any foreign non-governmental Organization having obtained permission pursuant to Section 12 of the Act.
5. To grant approval, pursuant to Section 16 of the Act, to any project submitted to the Council to obtain assistance.
6. To make or cause to be made, necessary alterations in the Agreements made under Sections 12 and 16 of the Act, subject to the main Agreement.
7. If any case, suit, contract or agreement is to institute of made to make representation or designate a representative on behalf of the Council.
8. To carry out, or cause to be carried out daily financial and administrative functions of the Council and of fund as well as sub-committees under the Council in a smooth manner.
9. To prepare annual programme and report of the Council and submit or cause to be submitted the same to the Committee and Council
10. To make necessary arrangement to implement such functions and activities as are required to be performed by the Council or Committee under the Act and Rules.
11. To sign, or cause to be signed, the certificate relating to Affiliation or to make, or cause to be made, decision on detaching affiliation under Section 13 of the Act.
12. To make signature as a counter signatory in operation of account of the Council at central-level.
8. Function, Duties and Powers of Treasurer:
1. To prepare estimate of annual incomes and expenses and descriptions of incomes and expenses of the last year, and submit, or cause to submitted, the same to the meeting of the Council or the Committee.
2. To look after, inspect and well manage, or cause to or be well managed, the Council or sub-committees or funds under the Council.
3. To carry out or cause to be carried out such functions and activities as are required to enhance the fund of the council or the funds or sub-committees under the Council.
4. To cause to prepare up-to-date description of the Council or the funds or sub-committees under the Council and cause to inspect them as per necessity.
5. To make signature as a counter-signatory in operation of account of the Council at Central level.
6. To have the timely in auditing of the Council, and sub-committee or funds under the Council and give necessary directions to implement the report of the auditing.
7. To have protection of the cash or in-kind property of the Council and sub-committee or funds under the Council, and control, and cause to be controlled, any embezzlement or loss or damage thereof.
8. To give directions to systematize the accounting system of the foreign organization carrying out activity upon making agreement with the Council.
9. To implement, and cause to be implemented, the Auditor General's report, in the case of the Council and sub-committee under it.
9. Meeting and Decisions of Working Committee:
1. The meeting of the Working Committee formed under Section 10(1) of the Act shall generally be held once a month.
2. The presence of at least 50 percent members of the total number of members of the Committee shall be deemed to constitute of members of the Committee shall be deemed to constitute a quorum of the Committee.
3. The Chairman of the Committee shall preside over the meeting of Committee. In the event of the absence of Chairman, the Vice-Chairman and in the event of absence of both the Chairman and Vice-chairman, any member selected by the members from amongst themselves, shall preside over the meeting of the Committee.
4. Any decision of the meeting of the Committee shall be made on the basis of majority, and in the event of ties, the Chairman shall exercise the casting vote.
10. Function, Duties and Powers of the Working Committee:
1. To submit the annual programme and budget of the Council to the meeting of the Council, grant approval thereto, and cause to submit the annual report of the last year to His Majesty's Government.
2. To carry out or cause to supervision and monitoring in order to operate annual programme of the Council in a smooth manner.
3. To grant permission to any foreign non-governmental organization under Section 12 of the Act and make necessary arrangements for the implementation of Section 16 of the Act.
4. To coordinate and cause to coordinate the programmes and projects performed and implemented following agreements between governmental and non-governmental organizations and foreign non-governmental organizations, and carry out, and cause to be carried out, review and evaluation of the progress of such programmes.
5. To form an evaluation sub-committee in order to evaluate the projects having been submitted to the Council for approval.
6. To perform or exercise, and cause to be performed or exercised, the functions, duties and powers as prescribed to be performed by the Council.
7. To, and cause to, inspect, monitor and manage the programmes and incomes and expenses of the funds, of the special committee, managing committees under the Council; and to prescribe functions, duties and powers of the sub-committees as per necessity and mobilize and cause to mobilize, them in a proper manner.
8. To designate representative on behalf of the Council for cases, suits or other special situations.
9. To detach the affiliation of any organization which desires to withdraw affiliation as per the Rules.
10. In the event of necessity to terminate any agreement concluded between the Council and any organization or International Social Organization, to make or cause to be made decision to that effect.
11. To formulate and implement, and cause to be implemented, such policies and programmes as are required for the organizational consolidation, and institutional development of Social Organizations, and categorize the Social Organizations.
12. To render opinions to His Majesty's Government or the concerned body on the pertinent subject as per necessity.
13. To make recommendation to His Majesty's Government for the purpose of Section 20 of the Act.
14. To make, or cause to be made, provisions for the creation of positions of the employees of the Council or funds or sub-committees under the Council as required for their appointment, promotion, transfer, removal or dismissal, or reward and punishment.
11. Delegation of Powers:
1. The Committee may delegate the powers conferred on it under these Rules to any member of or any sub-committee formed by the Committee.
2. The member of the Committee may delegate the powers conferred on him under sub-rule (1) to any officer level employee of the Council.
12. Requirement to Obtain Approval:
1. Any Foreign Social Organization or person desiring to assist in, or to carry out, the acts relation to social welfare within the Kingdom of Nepal shall have to make an application to the Council, as prescribed, to obtain approval referred to in Section 12 of the Act.
2. If the Council considers that any necessary information or documentation contained in the application referred to in sub-rule (1) is not complete, the Council may demand or obtain additional description of the concerned organization or person. In cases, where the descriptions so demanded. It shall be the duty of the organization or person to provide the same accordingly.
3. Upon receipt of the application and description pursuant to subrules (1) and (2), the Committee shall, within three months, provide such organization or person with an approval to carry out acts.
4. Any International Social Organization having obtained approval under to sub-rule (3) shall, prior to commence work within the kingdom of Nepal, babe to conclude an agreement as prescribed by the Committee
5. If the Committee considers that any agreement concluded pursuant to sub-rule (4) has been violated, the concerned party shall be provided with an opportunity to furnish explanation. If the explanation be not satisfactory, the Council may cancel such an agreement.
13. Affiliation:
1. Any Organization desiring to be affiliated with the Social Welfare Council pursuant to Section 13 of the Act shall have to make application refereed to in Schedule – 3 for the affiliation.
2. The Council may, upon examining the received application, grant approval of affiliation within 45 days giving the certificate referred to in schedule-4
3. The organizations registered with the Council prior to the commencement of these Rules shall be deemed to have been affiliated with the Council, Provided that such Organizations shall have to abide by the matters prescribed in these Rules.
4. The Council may cancel affiliation of any Organization, which acts in contravention of the prevailing Act, law and these Rules.
14. Provision of Detachment of Affiliation:
15. If any Social Organization affiliated with the Social Welfare Council desires to be detached from the council pursuant to Section 13 (4) of the Act, it shall have to make an application to the Council.
16. The organization making such an application shall have to fulfill the following terms:-
1. The general assembly the organization desiring to with draw affiliation must have decided to withdraw the affiliation.
2. The audit reports of the accounts and appraisal description of physical property upto the date of registration of the application for detachment from the affiliation, must be attached therewith.
3. If the Organization, desiring to be detached from the affiliation, has obtained any grant for any project, or programme with the Council or through the Council, the said act must have completed.
4. Any Organization wishing to give up the project, or programme in the meantime instead of completing the same, shall have to return the aid/grants obtained for such project or programme. Provided that if any act has already been done in the project, the project or programme may be handed over to the Council or any other Organization designated by the Council, by providing statement of expenses. Where the project or programme is so handed over, the Organization getting detachment from the affiliation shall not have any powers thereover.
5. The Council may, within 45 days of the submission of an application by any Organization desiring to withdraw affiliation, make decision and detach it from affiliation. Provided that if the Council feels that there will be no protection of the fiscal or physical property made available by the Council or through the Council, the Council may not detach such an Organizatin from affiliation.
6. If any Organization withdrawing affiliation desires to be re-affiliated, the new Working Committee duly constituted shall have to make an application along with sanction of its general assembly
17. Terms to be Abided by Social Organization:
1. The Social Organization which desires to be affiliated with the Social Welfare Council shall have to abide by the following terms:
1. It must be established with a view to carrying out social welfare acts,
2. There must be regular election of the Working Committee,
3. There must be provisions for annual auditing and forwarding of the reports thereof to the Local Authority and the Council.
4. There must be provisions for approval of programmes and budget by the annual general assembly.
5. The statute of the Organization must provide for the submission of the motion of no-confidence and for composition of ad hoc committee,
6. There must be provision for allowing all ordinary members including life-long members of the Organization to take part in elections to all levels directly or indirectly. Provided that where a fixed period of time has been appointed to obtain membership, to take part in the election, such provision shall not be deemed to be inconsistent with these rules,
7. In the case of the Organization, which has more than one section or level, there must be provision that the election to higher level is to held only after holding election to the preliminary level. The Committee constituted without election hereunder at the time of commencement of these Rules shall be deemed as an ad hoc Committee. Election to such Committee must be held within the time limit fixed by the Act.
8. There must be provision that dividends of the Organization is neither provided nor distributed,
9. The elected or nominated office bearers or members of the Organization must not receive regular remuneration from the Organization. Provided that is shall not be deemed to bar the receiving of remuneration for discharging certain responsibility in the Project launched by such Organization.
2. The Social Organizations shall have to submit their respective statutes within the time limit appointed by the Act for amendments as per the rules in a manner that the terms prescribed in these Rules are fulfilled.
18. Financial Assistance:
1. Any International Social Organization or person making agreement upon abtaining approval to function pursuant to Section 12 of the Act Shall have to submit project proposal, as prescribed by the Committee along with the detail description of the Project.
2. Any Social Organization, which desires to obtain financial assistance pursuant to Section 16 of the Act, shall have to make application as prescribed by the Committee, along with letter of acceptance of the Foreign Organization providing assistance.
3. The Council shall put the project proposal submitted under sub-rules (1) and (2) at the meeting of Project Evaluation sub-committee and grant approval within 45 days by amending and altering it, if required.
4. Foreign assistance obtained with the approval of the Council shall not be expended in any work other than the prescribed one without prior approval of the Council.
5. If any International Social Organization having obtained approval desires to manage assistance from any other source within Nepal, it shall have to obtain approval of the Council.
19. Project Amendment or alternation:
1. The sub-committee constituted to evaluate the project may also making amendment or alterations, if any required, in the project proposal submitted under Section 12 and 16 of the Act recommend it to the Working Committee for approval.
20. Priority to Local Organization:
1. Any International Social Organization shall take Social Organization as its counterpart to implement the project, to the extent of availability, and carry out work accordingly, In selection Counterpart Organization, priority shall be given to local organization.
21. Permission relating to Foreign Representative and Expert Service:
1. Any expert or representative of the International Social Organization shall, as provided for in the agreement relating to permission and approval as referred to in sections 12 and 16 of the Act, make application, as prescribed by the Committee to demand for residential visa. The Council may upon examining the application to receive recommend for permission.
2. If the information contained in the application referred to in sub-rule (1) is not satisfactory, the council may require additional information.
3. While making recommendation for permission under sub-rule (1), no recommendation shall be made for a period of agreement made for the purpose of project.
4. If the foreigners having obtained permission under sub-rule (1) act in contravention of the agreement, the council may at any time write to cancel the entry permit or not to extend validity thereof.
5. Any foreign technician or representative of the Organization carrying out work upon obtaining permission from the Council shall not obtain membership of the working Committee or Management Committee of any local organization without obtaining approval of the Council.
22. Submission of Details of Incomes and Expenses:
1. Any International Social Organization having obtained permission to work within the Kingdom of Nepal by making agreement as referred to in Section 12 of the Act, shall have to open a central account in any bank out of commercial banks operated in the Kingdom of Nepal and deposit in such account all the amounts to be received by it for the implementation of the agreement. It shall be the responsibility of the Chief or Representative of the concerned International Social Organization to provide description of such transactions to the Council in every four months.
2. Banking transaction of the amount deposited in the central account under sub-rule (1) may be done by opening other accounts as per necessity.
3. The Council shall make recommendation to any bank chosen by the concerned Organization for opening central account under sub-rule (1).
4. Any Nepalese Social Organization, which receives financial assistance referred to in Section 12 and 16 of the Act, shall have to open a separate account for each project and carry out transitions. It shall be the responsibility of the concerned organization to provide the description of such banking transaction to the Council in every four months.
23. Auditing and Description of Physical Property:
1. It shall be got annual auditing of the expenses made under Sections 12 and 16 of the Act by a licensed auditor within 4 months of expiry of fiscal years, and the report thereof shall have to be submitted to the Council.
2. The report of annual auditing shall also include description of examined physical property of the Organization.
3. Protection of Goods:

It shall be the responsibility of the concerned organization to properly protect any goods to which import license or customs exemption facility has been granted upon the recommendation of the Council. No such goods shall be sold, disposed, transmitted, gifted or donated without prior approval of the Council.

4. Amendment:

The Council may amend these Rules.

5. Removal of Difficulties:
1. In cases where any decision is to be taken in any matter not mentioned in these Rules, it shall be as decided by the Council.
2. If any difficulty arises in connection with the implementation of these Rules, the Council may remove such difficulty.

Download This page