chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Prevention of Corruption Act, 2002

46. Proceedings and adjudication of case not barred: Notwithstanding anything contained in the prevailing law, even if the accused or defendant dies before or after the filing of a case under this Act, the proceedings and adjudication of the case shall not be barred. Amended by the First Amendment.47. Property to be frozen, seized or confiscated: (1) If it is proven that any person has kept property acquired by committing any act deemed to be corruption pursuant to this Act or prevailing law, and any other property accrued therefrom, in their own name or in the name of any other person, such property shall be confiscated.

(2) Notwithstanding anything contained in sub-section (1), if the right to such property has been transferred to someone else and a consideration has been maintained at the time of such transfer, that amount shall be deemed to be proceeds of crime.

(3) In the course of investigation of an offence under this Act, property of the following description held in the name of any person, if found to be connected to the offence, shall be confiscated upon proof of the offence:-

(a) Cash or goods related to the offence,

(b) Property, instruments, or other monetary tools used to commit the offence.

(4) For the purpose of confiscation of property under sub-section (1) or (3), such property may be identified, searched, or frozen pursuant to prevailing law.

(5) The management of property confiscated or frozen under sub-section (1), (3), or (4) shall be carried out pursuant to prevailing law.

(6) If the property under sub-section (1), (3), or (4) has been wholly or partially converted or transformed into, mixed with, or rendered inseparable from any other property, such property shall also be confiscated or frozen under the same sub-section.

(7) If money obtained from an offence under this Act is mixed with property from a lawful source, such property shall be confiscated up to the assessed value of the mixed amount.

(8) If any person, not involved in the offence under this Act, knowingly receives, purchases, or holds any property obtained from such offence, such property shall be confiscated. Provided, however, that an offence under the prevailing law relating to money laundering shall be subject to that law.

(9) Nothing contained in this section shall be deemed to adversely affect the rights of a third party who is not directly or indirectly involved in a corruption offence over their property.

(10) Other provisions relating to the freezing or confiscation of money or other property obtained from an offence shall be as per prevailing law. 48.
Prevention of Corruption Act, 2002

48. To order freezing of property of a foreign person: (1) If any foreign person fails to appear before the investigation officer pursuant to a notice given by the investigation officer or a notice served under Section 42, and if such person has any property, right, interest, or concern within NepalOmitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the investigation officer may order that such property, right, interest, or concern be kept in its existing condition as specified by the investigation officer, or not be taken outside NepalOmitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., until such person appears before the investigation officer, and it shall be the duty of all concerned to comply with such order.

(2) If any person fails to comply with an order under sub-section (1), the investigation officer may impose a fine of up to one hundred thousand rupees on such person, and if the Government of Nepal, a provincial government, a local level, or a public entity has suffered any kind of loss or damage due to such non-compliance, that amount shall also be recovered from such person. 49. Punishment for filing false complaint: If a person is found to have filed a false complaint against any public servant or any other person with the intention of causing any kind of loss or damage or trouble, without reasonable cause for lodging the complaint, the investigation officer may impose a fine of up to five thousand rupees on such person. 50.
Prevention of Corruption Act, 2002

50. Provisions relating to property details: (1) Amended by the First Amendment.A person holding any position in a public entity pursuant to sub-clauses (1), (2), (3), (4), (5), (6) or (9) of clause (ga) of Section 2, or a public servant pursuant to sub-clauses (1), (2), (3) or (4) of clause (gha) of the same Section, shall, within sixty days from the date of assuming such office, and a person holding a public office at the time of commencement of this Section shall, within sixty days from the date of commencement of this Act, and thereafter within sixty days from the date of expiry of each fiscal year, submit an updated statement of property, including the source or origin of property held in the name of themselves and their family members, to the body or official specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) If a person who is unable to submit the property details within the period specified in sub-section (1)Omitted by the First Amendment. requests an extension of the deadline, stating the reason for being unable to submit such details, the concerned body or official may extend the deadline by a maximum of thirty days. Added by the First Amendment.(2a) If, during the period when property details are required to be submitted, any public servant is on extraordinary or study leave, or is on leave due to hospitalization or incapacitation, or is on leave for any training, study, conference, or negotiation as per a decision of the Government of Nepal, or is on deputation, the property details shall be submitted within thirty days from the date such leave or deputation ends and the person is required to report back to the concerned office. Added by the First Amendment.(2b) Notwithstanding anything contained in sub-sections (1), (2) and (2a), the investigation officer may, by publishing a notice in the Nepal Gazette, specify whether public servants working in particular grades, groups, bodies, or institutions must or must not submit an updated statement of property, including the source or origin of property held in their own name or in the name of their family members, for specific periods. Added by the First Amendment.(2c) Notwithstanding anything contained in sub-section (1), the investigation officer may, in the course of investigating a corruption-related offence, set a deadline and order other public servants to submit an updated statement of property, including the source or origin of property held in the name of themselves and their family members.
Prevention of Corruption Act, 2002

Amended by the First Amendment.(3) A public servant who fails to submit property details within the period specified in sub-section (1), (2), (2a), (2b) or (2c) shall be liable to a fine of ten thousand rupees, and the concerned body or official may, presuming that such public servant and his/her family members hold illegal property, conduct an investigation.

(4) Property details submitted pursuant to this section shall be kept confidential. Provided, however, that if a request for property details is made in the course of investigation and inquiry under this Act, such details may be made available to the concerned official. Amended by the First Amendment.51. Punishment for obstructing: (1) If any person obstructs any action being taken or taken in the course of investigation, prosecution, or judicial proceedings of an offence under this Act, the officer hearing the case shall, based on the report of the investigation officer, punish such person with imprisonment for a term of up to six months, or a fine of up to twenty-five thousand rupees, or both.

(2) For the purpose of sub-section (1), a person shall be deemed to have obstructed if he/she commits any of the following acts:-

(a) Intimidates, threatens, or uses force to induce the production of false evidence or false testimony, or gives, agrees to give, or offers any undue advantage,

(b) In any way obstructs a witness from appearing before the officer hearing the case, or from collecting or presenting evidence,

(c) Intimidates, threatens, obstructs the movement of, uses force against, or induces by offering undue advantage, an official responsible for investigation, prosecution, adjudication, or law enforcement in the course of his/her official duties, or in any other way attempts to divert such official from performing his/her duties.

(3) Notwithstanding anything contained in sub-section (1), if any act constitutes contempt of court under prevailing law and obstructs judicial proceedings, punishment shall be as per that law. 52. Confidentiality of information: (1) Information or intelligence received by the investigation officer, or evidence understood or collected in the course of investigation and inquiry of a corruption offence, shall not be publicly disclosed before the filing of a case.

(2) Notwithstanding anything contained in sub-section (1), the investigation officer may bring to light, as necessary, details concerning the inquiry, investigation, and probe of any matter of public importance that he/she deems appropriate. Added by the First Amendment.52a.
Prevention of Corruption Act, 2002

Added by the First Amendment.52a. Protection of complainant, witness or employee involved in investigation: The investigation officer shall adopt necessary measures to protect the person lodging a complaint or giving information, a witness giving testimony or evidence, an expert, a victim, or employees involved in the investigation from potential retaliation or fear, threat from the offender or any other person in relation to an offence under this Act. 53. Departmental action against employees involved in investigation and inquiry: If it is proven that an investigation officer or other employee involved in investigation and inquiry has, in the course of implementing this Act, knowingly committed any act with the intention of harassing any person, departmental action shall be taken against such employee. 54. Must serve imprisonment: Notwithstanding anything contained in the prevailing law, a person sentenced to imprisonment by a court for an offence under this Act must serve the imprisonment. 55. Remission in punishment claim possible: The investigation officer may present an accused who assists in the investigation work under this Act as a witness on his/her behalf and grant full or partial remission in the claim for punishment against such accused. Provided, however, that if the assistance provided by him/her is not corroborated by other evidence or proof, or if he/she makes a statement before the officer hearing the case that is contrary to the assistance provided to the investigation officer, a case may be refiled against him/her, notwithstanding anything contained in this Act or prevailing law. 56. No action: Notwithstanding anything contained in the prevailing law, no action shall be taken against a public servant for providing information to initiate legal proceedings or to prevent corruption regarding an act of corruption that has occurred or is about to occur, on the ground of breach of confidentiality under the law relating to his/her service conditions, in respect of the assistance rendered or provided by him/her. Added by the First Amendment.56a. Consequences of corrupt acts: (1) If any concession contract or other document of a similar nature has been executed as a result of a corrupt act or activity, then, notwithstanding anything contained in the prevailing law, such contract or document shall be annulled or cancelled upon conviction of corruption by a court, and if any other legal proceedings are to be initiated in that regard, proceedings shall be conducted accordingly.

(2) Nothing contained in sub-section (1) shall be deemed to adversely affect the rights of a third party acquired in good faith. 57.
Prevention of Corruption Act, 2002

58. Provisions relating to reward: The investigation officer may give a suitable reward to any person who provides assistance to the investigation officer in the work of spot inquiry, investigation, or collection of other evidence in an offence punishable under this Act. 59. Special provisions in corruption-related cases: Notwithstanding anything contained in the prevailing law, in a case filed or to be filed under this Act, the following matters shall be dealt with as follows:-

(a) If any public servant or any other person has committed any act deemed to be an offence under this Act, or in the course of committing such act has also committed any act deemed to be an offence under any other prevailing law, there shall be no bar to initiating separate proceedings against him/her under such other prevailing law.

(b) If, while committing any act deemed to be an offence under this Act, or in the course of committing such act, any adverse effect is also caused on the rights, property, or interests of any person, there shall be no bar for such person to file a separate case.

(c) If, after a case has been filed against a person for an offence under this Act, it appears during the hearing of evidence in such case that a case should also be filed against another person, there shall be no bar to filing a separate charge sheet against such other person.

(d) If any public servant or other person has caused illegal loss or damage to the Government of Nepal, a provincial government, a local level, or a public entity, the filing of a separate case for recovery thereof shall not bar the filing of a separate case for an offence under this Act.

(e) If a case has been filed under this Act against any public servant or person, and there is any legal provision for recovery of loss or damage caused to the Government of Nepal, a provincial government, a local level, or a public entity from such public servant or person, the filing of a case under this Act shall not be barred merely on that ground, nor shall the case be dismissed on that ground.

(f) A case under this Act shall not be withdrawn or compromised. 60. Identity of informant and details to be kept confidential: The name and address of an informant who provides information that an offence under this Act has been committed or is about to be committed shall be kept confidential if the informant so desires. Added by the First Amendment.60a.
Prevention of Corruption Act, 2002

60. Identity of informant and details to be kept confidential: The name and address of an informant who provides information that an offence under this Act has been committed or is about to be committed shall be kept confidential if the informant so desires. Added by the First Amendment.60a. Proceedings for return of property located abroad: If property acquired by committing an offence under this Act is found to be located abroad, the Government of Nepal shall make necessary arrangements for the identification, freezing, and return of such property based on mutual understanding or treaty. 61. Unclaimed goods to belong to the Government of Nepal: (1) If the owner of goods related to an offence punishable under this Act is not traced, the investigation officer shall issue a public notice giving a period of thirty-five days for any claimant to come and claim the goods seized by the investigation officer.

(2) If no claim is made within the period specified in sub-section (1), or if a claim is made but does not appear to be established due to lack of sufficient evidence, such goods shall be deemed unclaimed goods and shall belong to the Government of Nepal. 62. Goods may be auctioned: (1) If any goods seized in relation to an offence punishable under this Act are likely to rust, break, or be damaged due to other constraints, or are perishable, or are likely to depreciate in value due to becoming old, or are unclaimed, or cannot be maintained or kept due to lack of space, such goods may be sold by auction after completing the procedure as per prevailing law.

(2) The proceeds from the auction sale under sub-section (1) shall be deposited in a deposit account. If it is decided to return such goods to the concerned owner, the owner shall only be entitled to receive the amount obtained from the auction sale. Added by the First Amendment.62a. Compensation may be recovered for loss or damage: Notwithstanding anything contained elsewhere in this Act, if any kind of loss or damage has been caused to any body or person as a result of a corrupt act, separate proceedings may be initiated under prevailing law for recovering compensation from the body or person who caused the loss or damage by committing such an offence. Added by the First Amendment.62b.
Prevention of Corruption Act, 2002

Added by the First Amendment.62b. Evidence recorded in audio, video or audiovisual electronic medium admissible: Notwithstanding anything contained in the prevailing law, if evidence related to an electronic recording of audio, video, or audiovisual material that confirms that a person has committed an offence under this Act or attempted to commit such an offence is presented before the investigation officer or the court, such recording may be admitted as evidence by the court. Provided, however, that the person concerned may be examined as a witness regarding the authenticity or credibility of how such evidence was recorded. Added by the First Amendment.62c. Witness may be examined via audiovisual communication (video conference): (1) Notwithstanding anything contained in the prevailing law, if, in a case concerning an offence under this Act, a witness who needs to be examined is incapacitated or a minor, or cannot be produced in court due to reasons of retaliation or security, the concerned party may submit a petition stating the same to the court hearing the case, and the concerned court may order the examination and cross-examination of such witness via audiovisual communication, subject to the conditions specified by the court.

(2) When examining a witness pursuant to sub-section (1), examination, cross-examination, or re-examination of the witness may be conducted with the permission of the court and under the conditions specified by the court. Added by the First Amendment.62d. Special provisions relating to investigation: (1) In order to make the investigation more effective by collecting information necessary for the investigation of a corrupt offence, the investigation officer may, for reasonable and sufficient cause, deploy informants or intelligence sources.

(2) If information or intelligence is received from informants or intelligence sources deployed pursuant to sub-section (1) or through any other means that a public servant is demanding a bribe, the investigation officer may, in the course of the investigation, provide the amount demanded as a bribe to such public servant through a subordinate employee, the complainant, or any other person as a decoy and evidence. 63. No bar: Nothing contained in this Act shall be deemed to bar any other body or official from exercising the powers relating to investigation, inquiry, and other proceedings or filing cases concerning corruption offences conferred upon them under any other prevailing law. 64. Power to make rules: The Government of Nepal may make necessary rules to implement the objectives of this Act. 65.
Hotel Management and Control of Sale and Distribution of Liquor Act, 1966

Hotel Management and Liquor Sale and Distribution (Control) Act, 2023

Royal Seal and Publication Date

2023.6.9

Amending Acts

1. Judicial Administration Act, 2048

2048.2.16

Certification and Publication Date

2. Republic Strengthening and Some Nepal Laws Amendment
 Act, 2066♦

2066.10.07

3. Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072

2072.6.14

4. Act to Amend Some Nepal Acts, 2072

2072.11.13

5. Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074

2074.6.30

6. Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075

2075.11.19

♦ This Act came into force from Jestha 15, 2065.

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Act No. 18 of the year 2023

▸............... An Act Made to Control Hotel Management and Liquor Sale and Distribution

Preamble: Whereas it is desirable to control hotel management and liquor sale and distribution in order to maintain the morality, convenience, health and economic interest of the general public,

His Majesty King Mahendra Bir Bikram Shah Dev has, with the advice and consent of the National Panchayat, enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Hotel Management and Liquor Sale and Distribution (Control) Act, 2023".

(2) This Act shall extend to the whole of Nepal ▸............... .

(3) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,—

(a) "Hotel" means a hotel run on a commercial basis providing accommodation facilities, with or without provision of meals (food and drink), and this word also includes a restaurant.

(b) "Proprietor" in relation to any hotel or shop means the persons having ultimate control over the business of the hotel or shop, and this word also includes a manager or managing agent appointed to run the affairs of such hotel or shop.

▸ Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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(c) "Customer" means a customer coming to a hotel for meals (food and drink), whether or not residing in the hotel.

(d) "Liquor" means all kinds of foreign or domestic alcohol, including beer, prepared by fermenting fruits or grains or by any other method.

(e) "Shop" also includes a distillery shop.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3.
Hotel Management and Control of Sale and Distribution of Liquor Act, 1966

3. Control on Sale and Serving of Liquor by Proprietor of Hotel or Shop: (1) After the commencement of this Act, the proprietor of a hotel or shop where liquor is served shall not sell or serve liquor to any person in his/her hotel or shop before 12:00 noon, and after 1:00 AM on Fridays and after 12:00 midnight on other days.

(2) The hotel proprietor shall not arrange entertainment or dance and song for customers after 1:00 AM on Fridays and after 12:00 midnight on other days.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the Government of Nepal may, by publishing a notice in the Nepal Gazette, increase or decrease the time mentioned in those sub-sections as necessary.

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4. Not to Exhibit Obscene or Indecent Entertainment or Dance and Song in Hotel: The hotel proprietor shall not exhibit in his/her hotel any entertainment or dance and song of a type that adversely affects public morality or ethics. 5. Duties of Hotel Proprietor: (1) The duties of the hotel proprietor shall be as follows:—

(a) To record details including the name, citizenship, occupation, date of arrival and address of customers coming to the hotel.

(b) To allow customers, other than those suffering from infectious or contagious diseases, to stay if rooms are vacant in the hotel.

(c) To serve pure and wholesome food to customers at reasonable prices.

(d) To provide or cause to be provided as much security or care as possible to customers.

(e) To take custody of the customer's goods, cash or any other valuable item, if the customer wishes to entrust them, with the condition of returning them upon the customer's request, and to issue a receipt therefor.

(f) To maintain peace and security when selling or serving liquor.

(g) To keep the hotel clean and tidy.

(h) Not to serve liquor to a customer to the extent of losing consciousness or in such quantity that the customer cannot maintain self-control.

(i) To make arrangements for serving liquor in the inner part of the hotel.

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(2) If goods taken into custody pursuant to clause (e) of sub-section (1) are destroyed by an act of God, the hotel proprietor shall not be liable for such goods. 6.
Hotel Management and Control of Sale and Distribution of Liquor Act, 1966

6. Auction of Customer's Goods: If a customer leaves his/her goods behind without paying the charges for staying and eating at the hotel, the hotel proprietor may, after seven days from the date of such departure, publish a notice in local newspapers stating the details of such goods and the full name and address of the customer, giving a period of thirty-five days, and may auction such goods; and from the proceeds of such auction, after deducting the amount due to him/her and the expenses incurred in the auction, the remaining amount shall be paid to the customer when he/she comes to collect it. 7. Not to Sell or Serve Liquor to Minors and Intoxicated Persons: ⧠ The proprietor of any hotel or shop shall not sell or serve liquor to children below the age of eighteen years and to persons who are already intoxicated by liquor. 8. Not to Sell or Serve Liquor in Specified Hotels, Shops or Areas: Notwithstanding anything contained in section 3, √the Government of Nepal, Provincial Government or Local Level may, by publishing a notice in the Nepal Gazette, Provincial Gazette or Local Gazette, prohibit the sale and serving of liquor in such hotels, shops or areas as prescribed, as necessary.

⧠ Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.
√ Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075.

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9. Prohibition on Entry of Customer Intoxicated by Liquor: The proprietor of any hotel or shop shall not knowingly allow a person intoxicated by liquor to enter his/her hotel or shop. 10. Penalty: (1) The prescribed authority may impose a fine of up to •one hundred thousand rupees on a hotel proprietor who acts contrary to section 3, 5 or 7, or on a proprietor of any shop who acts contrary to section 3 or 7, and may, if deemed necessary, order the closure of such hotel or shop.

(2) The prescribed authority may impose a fine of up to •one hundred thousand rupees on a hotel proprietor who acts contrary to section 4, and shall stop the entertainment or dance and song that is being or about to be held in the hotel in contravention of that section.

(3) A hotel or shop proprietor or any other person who contravenes section 8 or 9 may, by order of the prescribed authority, be punished with imprisonment for up to 3 months or a fine of up to •twenty-five thousand rupees or both. 11. Appeal: A person dissatisfied with the punishment given under section 10 may appeal against the order of such punishment to ∝the District Court. 12.
Voters List Act, 2017

Voter List Act, 2073

Certification and Publication Date:
2073.10.20

Act No. 23 of the year 2073

An Act Made to Amend and Consolidate Laws Relating to the Voter List

Preamble: Whereas, it is desirable to amend and consolidate the laws relating to the voter list in a timely manner for the purpose of collecting and updating the voter list for elections held pursuant to the Constitution and federal law;

Now, therefore, the Legislature-Parliament, in accordance with Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Voter List Act, 2073".

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Temporary Voter List" means the temporary voter list prepared pursuant to Section 30.

(b) "Commission" means the Election Commission constituted pursuant to Article 247 of the Constitution.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed under this Act or the rules made under this Act.

(d) "Registration Officer" means the Chief Registration Officer, Registration Officer, or Assistant Registration Officer pursuant to Section 5.

(e) "Election" means the election of the President, Vice-President, members of the Federal Parliament, members of the Provincial Assembly, and members of the local level held pursuant to the Constitution and federal law, and includes a by-election.

(f) "Election Officer" means the Election Officer as prescribed.

(g) "Constituency" means the constituency determined by the Constituency Delimitation Commission pursuant to Sub-article (1) of Article 286 of the Constitution for the election of members of the House of Representatives and members of the Provincial Assembly.

(h) "Provincial Assembly" means the Provincial Assembly constituted pursuant to Article 176 of the Constitution.

(i) "Voter" means a person whose name is registered in the voter list pursuant to Section 3.

(j) "Voter Identity Card" means the voter identity card issued pursuant to Section 27.

(k) "Federal Parliament" means the House of Representatives constituted pursuant to Article 84 and the National Assembly constituted pursuant to Article 86 of the Constitution.

(l) "Constitution" means the Constitution of Nepal.

(m) "Local Level" means a Rural Municipality, Municipality, or District Assembly. Chapter-2
Voter and Voter List

3.
Voters List Act, 2017

Chapter-2
Voter and Voter List

3. Voter: For the purpose of voting in the following elections, a person whose name is included in the final voter list by the Commission shall be a voter for such election:

(a) For the election of the President and Vice-President: members of the Federal Parliament and members of the Provincial Assembly;

(b) For the election of a member of the House of Representatives and a member of the Provincial Assembly: a person who has permanent residence in a ward of a Rural Municipality or Municipality within the respective constituency;

(c) For the election of a member of the National Assembly: members of each Provincial Assembly, Mayors and Deputy Mayors of Municipal Executive Offices, and Chairs and Vice-Chairs of Rural Municipal Executive Offices;

(d) For the election of the Mayor and Deputy Mayor of a Municipal Executive Office: a person who has permanent residence in a ward within the respective Municipality;

(e) For the election of the Chair and Vice-Chair of a Rural Municipal Executive Office: a person who has permanent residence in a ward within the respective Rural Municipality;

(f) For the election of the Ward Chair and Ward Members of a Municipality and Rural Municipality: a person who has permanent residence in the respective ward;

(g) For the election of a member of a Municipality: a member of the Municipal Assembly;

(h) For the election of a member of a Rural Municipality: a member of the Rural Municipal Assembly. 4. Collection and Updating of Voter List: (1) The Commission shall, under its direct oversight, control, supervision, and direction, carry out the collection and updating of the voter list for wards of Rural Municipalities and Municipalities within each constituency.

(2) While collecting and updating the voter list pursuant to Subsection (1), the Commission may specify the place and time determined by it, to be done at once or from time to time. Provided that:

(1) While collecting or updating the voter list of any one ward of a Rural Municipality or Municipality, it shall be done at once.

(2) After the date of an election has been announced, no name shall be registered in the voter list for the purpose of that election.

(3) While collecting and updating the voter list, other arrangements including giving notice to the general public shall be as prescribed. 5.
Voters List Act, 2017

5. Registration Officer: (1) The Commission may, subject to this Act, appoint a Chief Registration Officer in each district and, as required, Registration Officers and Assistant Registration Officers for the purpose of collecting the names and other necessary details of voters for elections, preparing or updating the voter list, and doing all other necessary work in relation thereto.

(2) The Commission may, for the purpose of performing the work under Subsection (1), deploy or engage employees of the Government of Nepal, Provincial Government, or local level, or employees of an institution owned or controlled by the Government of Nepal or Provincial Government, or operating on grant of the Government of Nepal, or teachers of community schools, to assist the Registration Officer.

(3) The office of the Registration Officer shall be located at a place specified by the Commission. 6. Registration of Name as Voter: The name of the following person shall be registered in the voter list:

(a) A Nepali citizen;

(b) A person who has completed the age of eighteen years on the date specified by the Commission by publishing a notice in the Nepal Gazette; and

(c) A person who has permanent residence in the respective ward of a Rural Municipality or Municipality within any constituency. 7. Deemed to Have Permanent Residence: (1) For the purpose of clause (c) of Section 6, a person who has been residing in the respective ward of a Rural Municipality or Municipality shall be deemed to have permanent residence.

(2) Notwithstanding anything contained in Subsection (1), residence in the following circumstances shall also be deemed to have permanent residence:

(a) Where a person whose name is registered in the voter list of a ward of a Rural Municipality or Municipality in a constituency is elected as a people's representative and is absent from such constituency during his/her term of office;

(b) Where a person is absent from the respective ward of the Rural Municipality or Municipality of the constituency where his/her name is registered due to business, occupation, employment, study, teaching, government or non-governmental service, medical treatment, or any other specific work or reason, or due to being in custody or imprisonment pursuant to law. 8.
Voters List Act, 2017

8. Not Deemed to Have Permanent Residence: For the purpose of clause (c) of Section 6, the following persons shall not be deemed to have permanent residence in the respective ward of a Rural Municipality or Municipality:

(a) A person who takes a house on rent only on the basis that such house is rented for the purpose of operating an industry, business, or profession, or keeping an office, and his/her family members;

(b) A person residing in a government, semi-government, or non-governmental organization's office and the quarters built for employees working in such office, military, police, or armed police barracks, temporary camps and quarters, industrial establishments and the housing built for employees and workers working in such establishments, hospitals, medical centers, nursing homes, schools, campuses and hostels, orphanages, old age homes, prisons, and similar other places. 9. Registration of Voters from Other Places Permitted: (1) If a person whose name is registered in the voter list of a ward of a Rural Municipality or Municipality, due to marriage or other reasons, migrates and resides in the same or another ward of a Rural Municipality or Municipality, such person's name may be registered in the respective ward of the Rural Municipality or Municipality where he/she has come to reside.

(2) While getting the name registered pursuant to Subsection (1), such person shall submit to the Registration Officer evidence confirming the marriage or migration.

(3) A person wishing to register a name pursuant to Subsection (1) shall submit proof relating to the previous registration. 10. No Double Registration: Except in the circumstances mentioned in Chapter-3, no person's name shall be registered or caused to be registered in the voter list of more than one Rural Municipality or Municipality, or in more than one ward of any Rural Municipality or Municipality. 11. Additional Evidence May be Required for Registration: (1) While registering a person's name in the voter list pursuant to this Act, if the person's birth or age or residence cannot be determined solely from the citizenship certificate, the Registration Officer may require additional evidence such as land ownership certificate, educational qualification certificate, passport, or driving license.

(2) If the evidence requested under Subsection (1) cannot be submitted, the Registration Officer may require a recommendation from the respective ward of the concerned Rural Municipality or Municipality.

(3) The name of a person who cannot submit the documents under Subsection (1) or (2) shall not be registered in the voter list. 12.
Voters List Act, 2017

12. Duty to Register and Provide Details: It shall be the duty of every Nepali citizen who has attained the qualifications to become a voter under this Act to have his/her name registered, as prescribed, in the voter list of the respective ward of the Rural Municipality or Municipality where he/she has permanent residence, along with the details required for the preparation of the voter list. 13. Publication of Voter List: The procedure, place, and time for publishing the voter list prepared or updated under this Act shall be as determined by the Commission. 14. Application for Correction: (1) If there is any error in the name or details of any voter in the list published pursuant to Section 13, the concerned voter or any member of his/her family may submit an application to the concerned Registration Officer for correction.

(2) The Registration Officer shall, after conducting necessary inquiry into the applications received under Subsection (1), submit them to the concerned Chief Registration Officer. 15. Complaint: (1) If anyone has included a name in the voter list by providing false details, any person may submit a complaint with evidence to the prescribed officer.

(2) The procedures for dealing with a complaint filed under Subsection (1) shall be as prescribed. 16. Application Required for Removal of Duplicate Name: If a voter's name is included in the voter list of one or more wards of one or more Rural Municipalities or Municipalities, he/she shall submit an application as prescribed to retain the name only in the voter list of the place of his/her choice and to remove the name from the voter list of other places: to the Assistant Registration Officer if within the same ward of a Rural Municipality or Municipality; to the Chief Registration Officer of the district if in different Rural Municipalities or Municipalities within the same district; and to the Commission directly or through a Registration Officer if in Rural Municipalities or Municipalities of different districts. 17.
Voters List Act, 2017

17. Removal of Duplicate Name: (1) Upon application for removal of a name from the voter list under Section 16, the officer designated by the Commission shall remove such name.

(2) If the Commission receives information that a voter's name is duplicated, even without an application under Section 16, the Commission may order the concerned Registration Officer to retain the name of such voter in the voter list of the respective ward of the Rural Municipality or Municipality where he/she has permanent residence and to remove it from the voter list of other Rural Municipalities or Municipalities.

(3) If a Registration Officer himself/herself receives information that a voter's name is duplicated, if the duplication is within the same ward of a Rural Municipality or Municipality, the Assistant Registration Officer; if within any Rural Municipality or Municipality in the same district, the concerned Chief Registration Officer; and if in Rural Municipalities or Municipalities of different districts, the officer designated by the Commission shall retain the name of such voter in the voter list of the respective ward of the Rural Municipality or Municipality where he/she has permanent residence and shall remove it from the voter list of other Rural Municipalities or Municipalities. 18. Removal of Name from Voter List: (1) If a person whose name is included in the voter list dies or renounces citizenship, a member of his/her immediate family or any other person shall notify the Registration Officer with evidence.

(2) After receiving the notice under Subsection (1), the Registration Officer shall conduct an inquiry as prescribed; if the matter appears reasonable, the name of such voter shall be removed from the voter list as prescribed. Provided that, even if notice is not received under Subsection (1), if it is proven that a voter has married and migrated to another place and has registered his/her name in the voter list of that place under Section 9, or has migrated elsewhere for other reasons, or has died, or has renounced citizenship, or his/her citizenship has been cancelled, the Registration Officer shall remove the name of such voter from the voter list.

(3) If a name is removed from the voter list under this Section, the Registration Officer shall post a notice thereof at the office of the respective ward of the concerned Rural Municipality or Municipality. 19. Submission of Voter List: After completing the procedures under this Chapter, the Registration Officer shall, on the basis of forms and applications received from the respective ward of the concerned Rural Municipality or Municipality, update the details relating to the voter list in the records of the District Election Office and transmit such voter list to the Commission. 20.
Voters List Act, 2017

20. Publication of Final List: (1) The Commission may, within thirty-five days from the date of receipt of the updated voter list under Section 19, conduct a review including duplication verification in the central database.

(2) The final voter list prepared after review under Subsection (1) shall be approved by the Commission and published after completing the prescribed procedures. 21. No Change or Addition or Deletion in Final List: No change, addition, deletion, or correction shall be made in any manner in the final voter list published pursuant to Subsection (2) of Section 20. 22. Providing Details: (1) Notwithstanding anything contained elsewhere in this Act, the Commission may provide to the Government of Nepal details of the voter's name, surname, address, and photo collected for the purpose of the voter list, upon a request specifying the purpose from the Government of Nepal.

(2) The Government of Nepal shall not use such details for any purpose other than the purpose for which it obtained the details under Subsection (1). 23. Voter May Vote: (1) Every voter whose name is registered in the final voter list and who has obtained the voter identity card shall be entitled to vote in an election.

(2) Notwithstanding anything contained in Subsection (1), the following voters shall not be entitled to vote:

(a) A person whose mental balance is not sound;

(b) A person who is undergoing a sentence of imprisonment under the federal law relating to election offences and punishments, or who has been sentenced to imprisonment of one year or more under such law and one year has not elapsed from the date of completion of such imprisonment. 24. Voter List to be Placed on Website: The Commission shall also place the final voter list published under this Act on its website for the information of the general public and the access of voters. 25. Details to be Provided: For the purpose of updating the voter list, the following bodies or officers shall provide the following details to the Commission:

(a) Details of migration, marriage registration, and death registration by the Local Registrar;

(b) Details of renunciation of citizenship by the District Administration Office;

(c) Details of cancellation of citizenship by the Ministry of Home Affairs. 26. Voter List to be Cancelled: Notwithstanding anything contained elsewhere in this Act, if it is clearly evident from evidence that a voter list was prepared on the basis of false details and a final voter list has been published, the Commission shall cancel such voter list. 27.
Voters List Act, 2017

26. Voter List to be Cancelled: Notwithstanding anything contained elsewhere in this Act, if it is clearly evident from evidence that a voter list was prepared on the basis of false details and a final voter list has been published, the Commission shall cancel such voter list. 27. Providing Voter Identity Card: (1) The Commission shall provide a voter identity card with a photo to a voter whose name is included in the voter list.

(2) Other provisions relating to the voter identity card shall be as prescribed. 28. May Determine Separate Procedure: Notwithstanding anything contained elsewhere in this Act, the Commission shall, subject to the provisions of Articles 62 and 86 of the Constitution, prepare the voter list for the election of the President, Vice-President, and members of the National Assembly. The Commission may determine a separate procedure for collecting and updating such voter list. 29. No Question to be Raised in Court: No question shall be raised in any court on the following matters:

(a) Whether a person's name has or has not been registered in the voter list, or whether registration is permissible or not;

(b) Regarding the preparation of the voter list by a Registration Officer or a person authorized by him/her, or regarding the addition or deletion in the voter list by an officer concerned under this Chapter. Chapter-3

Provisions Relating to Temporary Voter List

30. Preparation of Temporary Voter List: (1) Notwithstanding anything contained elsewhere in this Act, for the purpose of the election to the House of Representatives and the Provincial Assembly held under the proportional representation electoral system, the Commission may cause a separate temporary voter list to be prepared.

(2) The temporary voter list under Subsection (1) shall include the names of the following persons whose names are included in the final voter list under Section 20:

(a) Employees working in the Government of Nepal, Provincial Government, local level, or institutions owned or controlled by the Government of Nepal or Provincial Government;

(b) Nepal Army personnel, Nepal Police, or Armed Police Force personnel stationed in barracks;

(c) Detainees and prisoners in prison:

Provided that the name of a person serving a sentence for an election offence shall not be included in the temporary voter list;

(d) Employees and security personnel deployed in election work;

(e) Persons residing in old age homes operated by the Government of Nepal, Provincial Government or local level, or operated with the approval of the Government of Nepal, Provincial Government or local level;

(f) Other persons specified by the Commission.

(3) Other provisions relating to the temporary voter list shall be as prescribed. Chapter-4

Offences and Penalties

31.