Non-Profits & INGO

Non-Profits & INGOs

Social Welfare Council (SWC) tasks and International Non-Governmental Organization (INGO) Compliance:

1. Filings of regular submissions to be made at the Social Welfare Council (SWC).
2. Follow-up of General Agreement (GA) and Project Agreement (PA) applications and amendment approval at SWC (This excludes preparing/drafting of GA and PA, which will be separately agreed).
3. Necessary procedures at District Administration Office to legalize operations.
4. Attend all official meetings of the client with government entities as necessary.
5. Provide advice to the INGO in relation to dealings with local partners and advise on the local partners compliance requirements in relation to agreements with them.
6. Filing of regular compliance submissions to be made at District Development Committee, Social Welfare Council, and District Administration Office.
7. Advising on exit strategies and closure of projects.
8. Advising on mid-term and final monitoring and evaluation (This excludes arrangement of the same, which will have to be agreed separately).
9. Necessary process at District Development Committee to legalize operations.
10. Project development and appraisal.
11. General Agreement and Project Agreement processing for INGOs.
12. SWC affiliation processing to NGOs.
13. SWC project approval for NGOs.
14. Visa and work permit processing for INGO expatriates and Country Representative (including spouse and dependents).
15. Project tax and custom duty exemption for INGOs.
16. Volunteer assignment processing for NGOs (under bilateral and multilateral agreement only).
17. Organizing Social Audit.
18. Constitution formulation and registration under Society Registration Act, 2034 B.S., National Direction Act, 2018 B.S. and Non Profit Company Act, 2063 B.S.
19. Personnel guideline, financial guidelines, and code of conduct formulation for INGOs.
20. Monitoring evaluation work and processing INGOs.
21. Non-profit Company Act, 2063 work and processing for INGOs.
22. Project Report preparation and processing for INGOs (project and institutional).
23. Coordination networking and linkages with government agencies and INGOs.
24. Central Level Project Advisory Committee (CPAC) and District Level Advisory Committee (DPAC) meeting facilitation for INGO projects.
25. Advise on other SWC related tasks.

Responsibility of Gandhi and Associates lies only in providing input, advice, and suggestion on the above matters.

Nepal Employment Law affecting INGOs

1. Advise on and draft employment contracts and appointment and removal of all staff.
2. Review existing employee by-laws and prepare revised drafts if necessary.
3. Clarify and establish procedures to be followed for disciplinary actions in compliance with labor laws of Nepal.
4. Advise on procedure relating to compensation and welfare benefits.
5. Advise on recruiting expats and assist for visa and work permit processing.

NGO Agreements

1. Drafting and reviewing agreements and Memorandums of Understanding (MOUs) such as lease agreements, vendor agreements and agreements with local partners (outside of project agreement) as and when required
2. Provide legal advisory on any potential disputes with staff, suppliers, landlords, or other such entities that the INGO is already dealing with (excludes court appearances for litigation which will be separately agreed upon).

Other Legal Services:

1. Timely notification of any new rules relating to or relevant to INGO sector as published in the Nepal Gazette and/or any other government publications.
2. Drafting necessary documents and providing advice on legal issues as requested with written opinion, comment, and reviewing and drafting of contracts or agreements as required.
3. Assist client on import procedures and advise on tax issues, including exemptions.
4. Where G&A is not authorized legally to provide services, such as financial advisory, we will put the client in touch with capable consultants and review agreements with them.

The consulting service to be provided under this agreement shall not include the legal service for incorporating new joint ventures or domestic company, notary public service, translation of documents or project development. The fee for these services shall be as agreed mutually between the Parties, but we can assure you we will provide preferential rates for our existing clients.

Gandhi Pandit

Founding Partner

Gandhi is a graduate of Masters of Laws from Columbia University, USA. His expertise and experience is central to the success of G&A.

Keshav Prasad Mainali

Senior Partner

Keshav is a Former Chief Judge at the Appellate Court, and a graduate of Bachelor of Laws and Bachelor of Arts from Nepal Law Campus.

Raju Man Singh Malla

Senior Partner

Raju is a Former Secretary of the Government of Nepal, and holds a Post Graduate Diploma in International Law from London, UK.

Shailendra Kumar Dahal

Senior Partner - Head of Litigation Department

Mr. Dahal has been practicing as a leading litigator of Nepal for over 36 years, being recognised as a Senior Advocate by the Surpeme Court.

M.A. (Tribhuvan University, Nepal)

B.L. (Tribhuvan University, Nepal)