chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Judicial Service Commission Act, 2016

30. Confidentiality of Documents: (1) Documents and papers relating to the examination conducted by the Commission shall remain confidential, and the Commission shall not be obliged to make such papers public except upon an order of a court.
(2) Notwithstanding anything contained in sub-section (1), examination-related documents or details as prescribed by the Commission may be given to the concerned person or made public. Chapter - 5

Miscellaneous

31. May Give Appropriate Interpretation while Recommending: While making any recommendation pursuant to the Constitution or this Act, if any provision of the prevailing law relating to the Service is unclear or ambiguous, or if no provision is made in the law on any matter, the Commission may give an appropriate interpretation not inconsistent with the Constitution and the prevailing law. 32. May Take Service of Expert or Competent Person: (1) For the examination-related work to be performed by the Commission, the Commission may take the service of an expert, competent person or specialized body in the relevant subject.
(2) For the purpose of taking service under sub-section (1), the nomination or selection of an expert, competent person or specialized body shall be made by the Chairperson.
(3) For the service taken under sub-section (1), the concerned expert, competent person or body shall be paid such amount, facility or service fee as determined by the Commission. 33. May Conduct Research and Promotional Activities: The Commission may conduct research and promotional activities from time to time to make the Judicial Service competent and effective and to increase attraction towards the Judicial Service. 34. Coordination and Cooperation: The Commission may coordinate with or establish mutual relations and take assistance from national and international institutions established with similar objectives. 35. Delegation of Powers: The Commission may delegate any of its powers to any Member, committee, Secretary of the Commission or gazetted employee of the Service, to be exercised and performed subject to the conditions prescribed by the Commission. 36. Contact with Government of Nepal: The Commission shall, while contacting the Government of Nepal, do so through the Ministry of Law, Justice and Parliamentary Affairs. 37. Power to Make Rules: The Commission may make rules for implementing this Act, and such rules shall come into effect upon publication in the Nepal Gazette. 38. Repeal and Saving: (1) The Judicial Service Commission Act, 2048 (1991) is hereby repealed.
(2) All acts and proceedings done under the Judicial Service Commission Act, 2048 (1991) shall be deemed to have been done under this Act.
Remuneration and Facilities of Ministers Act, 1992

Remuneration and Facilities of Ministers Act, 2049

Lalmohar and Publication Date
2050.02.32

Amending Acts

1. This Act came into force from Jestha 15, 2065.Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.01.07
2. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 11 of 2050



Act made to provide for remuneration and facilities of Ministers

Preamble: Whereas it is desirable to make legal provisions regarding the remuneration and facilities of Ministers,

Now, therefore, this Act is made by the Parliament in the twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1

Preliminary

1. Short title and commencement: (1) This Act may be called the "Remuneration and Facilities of Ministers Act, 2049".

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

(a) "Minister" means the Prime Minister, Deputy Prime Minister, Minister, Minister of State, and Assistant Minister.

(b) "Prescribed" or "as prescribed" means prescribed or as prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette. Chapter-2

Remuneration and Other Facilities

3. Remuneration: Amended by the Some Nepal Acts Amendment Act, 2082.(1) The Government of Nepal shall provide remuneration to Ministers as prescribed by publishing a notice in the Nepal Gazette.

(2) The Government of Nepal may, if it deems necessary, by publishing a notice in the Nepal Gazette, change the monthly remuneration of Ministers.

(3) If a Minister dies while holding the office of Minister, or if his resignation submitted is accepted, or if the Council of Ministers is dissolved, or if he ceases to hold the office of Minister in any other manner, he shall be paid, in addition to the remuneration payable up to the day he remained in the office of Minister, an additional one month's remuneration.

(4) The remuneration or additional remuneration payable under subsection (3) to a Minister shall be paid to him or to the person indicated by him, as the case may be. If the Minister dies and he has not indicated any person, or if the person indicated is not alive, then the amount of such remuneration shall be paid to his nearest heir. 4. Residential facility: (1) The Government of Nepal shall arrange a government house for the residence of Ministers.
Remuneration and Facilities of Ministers Act, 1992

If the Minister dies and he has not indicated any person, or if the person indicated is not alive, then the amount of such remuneration shall be paid to his nearest heir. 4. Residential facility: (1) The Government of Nepal shall arrange a government house for the residence of Ministers. In case such a house cannot be arranged, or for Ministers who do not have their own suitable house in the Kathmandu Valley, the amount payable per month as house rent shall be as prescribed by the Government of Nepal.

(2) For the repair and maintenance of the compound of the government house arranged under subsection (1), each year Ministers shall be given an amount equal to half of their monthly remuneration. This facility shall also be given even if they reside in a rented house.

(3) For a Minister having a permanent residence and a suitable house in the Kathmandu Valley, an amount of one thousand five hundred rupees per month shall be given for the repair and maintenance of the compound of his house.

(4) The facility under this section shall be available to Ministers for seven days from the date of expiry of their term of office. 5. Electricity, water supply and telephone facility: The Government of Nepal shall bear the charges (excluding penalties) for electricity, water supply, and telephone made within Nepal installed at the residence of the Prime Minister, and electricity and water supply of one unit and telephone installed at the residences of other Ministers. Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Provided that, for the Prime Minister and Ministers responsible for Foreign Affairs, Home Affairs and Finance, the Government of Nepal may also provide telephone charges incurred abroad for official work as prescribed. 6.
Remuneration and Facilities of Ministers Act, 1992

Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Provided that, for the Prime Minister and Ministers responsible for Foreign Affairs, Home Affairs and Finance, the Government of Nepal may also provide telephone charges incurred abroad for official work as prescribed. 6. Vehicle and fuel facility: (1) Vehicle and fuel facility as mentioned below shall be provided to the following Ministers:-

(a) Prime Minister:

(1) Two motor vehicles for conveyance.
(2) Three hundred and forty liters of petrol per month.
(3) Ten liters of mobil oil per quarter.

(b) Deputy Prime Minister:

(1) One motor vehicle for conveyance.
(2) Two hundred and sixty-five liters of petrol per month.
(3) Five liters of mobil oil per quarter.

(c) Minister:

(1) One motor vehicle for conveyance.
(2) Two hundred and thirty liters of petrol per month.
(3) Five liters of mobil oil per quarter.

(d) Minister of State and Assistant Minister:

(1) One motor vehicle for conveyance.
(2) Two hundred liters of petrol per month.
(3) Five liters of mobil oil per quarter.

(2) The maintenance of the motor vehicle and the arrangement of grease required for the motor vehicle shall be made by the Central Services Department.

(3) Bill or voucher for petrol and mobil oil need not be submitted.

(4) The facility under this section shall be available to Ministers for seven days from the date of expiry of their term of office. Chapter-3

Daily and Travel Allowance

7. Daily and travel allowance: Amended by the Some Nepal Acts Amendment Act, 2082.When Ministers travel within or outside Nepal in the course of official work, they shall be given daily and travel allowance as determined under the prevailing law relating to travel allowance. 8. Other provisions relating to travel: (1) Ministers shall receive half of the daily allowance for the day of return from travel. Such allowance shall be half of the minimum daily allowance that would be receivable for the place where they stayed the previous day before return.

(2) For payment of travel allowance, Ministers shall, within thirty-five days from the date of return from travel, fill in the travel bill and provide necessary supporting documents such as treasury certificate, logbook, bills, receipts, etc. 9. Clothing allowance: (1) When Ministers go outside Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.for official work or to participate in various ceremonies, festivals, conferences, etc. on behalf of the Government of Nepal, they shall receive as clothing allowance once every three years at the following rates:-

(a) Prime Minister Rs. 6,200/-
(b) Deputy Prime Minister Rs. 5,700/-
(c) Minister Rs. 5,670/-
(d) Minister of State Rs. 5,320/-
(e) Assistant Minister Rs.
Remuneration and Facilities of Ministers Act, 1992

6,200/-
(b) Deputy Prime Minister Rs. 5,700/-
(c) Minister Rs. 5,670/-
(d) Minister of State Rs. 5,320/-
(e) Assistant Minister Rs. 4,320/-

(2) When going outside Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.under subsection (1), if a Minister is permitted to take his wife along, the wife shall receive as clothing allowance an amount equal to half of one month's remuneration of the Minister once every three years. 10. Leader allowance: When Ministers go abroad as leaders, they shall receive an additional fifty percent of the daily allowance receivable by them as leader allowance. 11. Insurance facility: When Ministers travel, an amount necessary for travel insurance of three hundred thousand rupees and the amount required for air travel tax shall be given to them. 12. Medical treatment facility: (1) The service of a doctor prescribed by the Government of Nepal shall be made available to Ministers collectively.

(2) If a Minister, recommended by the doctor prescribed under subsection (1) as needing to be admitted to hospital for medical treatment, is admitted to hospital and receives medical treatment, the entire expenses as per the prescription and bills incurred for such treatment shall be borne by the Government of Nepal.

(3) If Ministers have to go abroad for medical treatment, they shall receive the treatment expenses prescribed by the Government of Nepal. Chapter-4

Miscellaneous

13. Arrangement of Private Secretariat: (1) The arrangement of furniture, office supplies, and staff necessary for the Private Secretariat of Ministers for the duration of their term of office shall be as prescribed.

(2) The furniture and permanent non-consumable items prescribed under subsection (1) shall be returned by Ministers after the expiry of their term of office. 14. Stationery and hospitality expenses: The amount for stationery and hospitality expenses required for the Private Secretariat of Ministers shall be as prescribed. Bills or receipts for such stationery and hospitality expenses need not be submitted. 15. Facility of bodyguards and guards: The facility of bodyguards and guards required for Ministers shall be as prescribed. 16. Commencement of facility: (1) The facilities receivable under this Act shall be received by Ministers from the date of taking oath of office of Minister.

(2) Notwithstanding anything contained in subsection (1), Ministers may also claim the amount of daily and travel allowance incurred while coming to Kathmandu from outside the Kathmandu Valley for the purpose of taking the oath of office of Minister. 17.
Nepal Bar Council Act, 1993

Nepal Legal Practitioners' Council Act, 2050 (1993)

Royal Seal and Date of Publication
2050.8.7

Amending Acts

1. Act to Amend Some Nepal Acts Relating to Court Management and Judicial Administration, 2058 (2001) 2059.5.27

Certification and Date of Publication
2. Act to Amend Some Nepal Acts, 2064 (2007) 2064.5.9

3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.7

4. Nepal Legal Practitioners' Council (First Amendment) Act, 2068 (2011) 2068.8.25

5. Act to Amend Some Nepal Acts, 2075 (2018) 2075.11.19

Act No. 26 of the year 2050 (1993)



An Act Made to Establish and Make Provision for the Nepal Legal Practitioners' Council

Preamble: Whereas, it is expedient to establish and make provision for a Nepal Legal Practitioners' Council in order to protect the rights and interests of legal practitioners and to operate more responsible service towards society,

Now, therefore, Parliament has enacted this Act in the twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Nepal Legal Practitioners' Council Act, 2050 (1993)."

(2) Sections 1 and 4 of this Act shall come into force immediately and the other sections shall come into force on the date appointed by His Majesty's Government by a notification published in the Nepal Gazette.The sections of this Act remaining to be enforced have been appointed to come into force in the State of Nepal from the date of 2051.4.27. (N.G. dated 2051.4.23)

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Council" means the Nepal Legal Practitioners' Council established under this Act.

(b) "Chairperson" means the Chairperson of the Council.

(c) "Member" means a member of the Council.

(d) "Secretary" means the Secretary of the Council.

(e) "Legal Practitioner" means a Senior Advocate and an Advocate, and that word shall also denote other legal practitioners provided for in this Act.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter 2
Establishment and Formation of the Legal Practitioners' Council

3. Establishment of the Council: (1) There shall be established a Council called the Nepal Legal Practitioners' Council.

(2) The Council shall be a self-governing and organized body corporate with perpetual succession.

(3) The Council shall have its own separate seal.

(4) The Council may acquire, hold, sell, or otherwise dispose of movable and immovable property like a person.

(5) The Council may sue and be sued in its own name like a person.

(6) The office of the Council shall be located in the Kathmandu Valley. 4.
Nepal Bar Council Act, 1993

4. Formation of the Council: (1) The Nepal Legal Practitioners' Council shall consist of the following Members:-

(a) The Attorney General of Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).,

(b) The President of the Nepal Bar Association,

(c) The Registrar of the Supreme Court,

(d) The Dean of the Faculty of Law, Tribhuvan University,

(e) Amended by the Act to Amend Some Nepal Acts, 2075 (2018).Senior Advocates or Advocates elected by Senior Advocates and Advocates practicing law in each Province of Nepal, and

(f) Two Senior Advocates or Advocates nominated by the Nepal Bar Association.

(2) The Attorney General of Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). shall be the Chairperson of the Council and the President of the Nepal Bar Association shall be the Vice-Chairperson of the Council.

(3) The term of office of the Members elected under clause (e) of sub-section (1) shall be five years and the term of office of the Members nominated under clause (f) shall be two years.

(4) Only those legal practitioners who have obtained a certificate as a legal practitioner and have practiced law for at least ten years shall be eligible to be Members under clauses (e) and (f) of sub-section (1).

(5) Until Members under clause (e) of sub-section (1) are elected, the Nepal Bar Association may Amended by the Act to Amend Some Nepal Acts, 2075 (2018).nominate one legal practitioner from each concerned Development Region, making a total of seven legal practitioners, as Members for a maximum period of one year.

(6) In the absence of the Chairperson, the Vice-Chairperson shall perform the functions of the Chairperson. 5. Vacancy and Filling of Seat: (1) If a vacancy occurs due to the death of any Member elected under clause (e) of sub-section (1) of section 4, or resignation by any Member, or upon any Member becoming disqualified to remain a legal practitioner according to the provisions of this Act, and if the remaining term of office of such Member is less than one year, the Council shall appoint another legal practitioner from the concerned area as Member; and if the remaining term is more than one year, such seat shall be filled by election.

(2) If a vacancy occurs due to the death of any Member nominated under clause (f) of sub-section (1) of section 4, or resignation by any Member, or upon any Member becoming disqualified to remain a legal practitioner according to the provisions of this Act, the Nepal Bar Association shall nominate another legal practitioner as Member for the remaining term of office of such Member. 6.
Nepal Bar Council Act, 1993

6. Member not to Participate: (1) If any Member has any interest in any contract made by the Council, or if any proceedings are initiated by the Council against any Member, such Member shall not participate in or vote on the discussion relating to such contract or proceedings in any meeting of the Council or any committee of the Council.

(2) If any person from the immediate family of a Member is appearing as an examinee in the legal practitioner's examination, the concerned Member shall not sit in the committee relating to such examination.

(3) If any Member does any act against this Act, the Council shall take action as prescribed. 7. Meeting of the Council: (1) The Secretary of the Council shall fix the date, time and place of the meeting as directed by the Chairperson and convene the meeting of the Council. If at least four Members make a written request to the Chairperson to convene a meeting of the Council, the Chairperson shall direct the Secretary to convene the meeting.

(2) If more than fifty percent of the Members are present, it shall be deemed that the quorum is constituted for the meeting of the Council.

(3) The meeting of the Council shall be presided over by the Chairperson or, in his/her absence, by the Vice-Chairperson, and in the absence of both, by the senior-most Member among the Members present in the meeting in terms of age.

(4) The opinion of the majority in the meeting of the Council shall be deemed to be the decision of the Council, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.

(5) The Secretary of the Council shall certify and keep the decision of the meeting.

(6) Other procedures relating to the meeting of the Council may be determined by the Council itself. 8.
Nepal Bar Council Act, 1993

8. Functions, Duties and Powers of the Council: (1) The functions, duties and powers of the Council shall be as follows:

(a) To conduct examinations for those entering the legal profession.

(b) To make arrangements for the procedure relating to registration of legal practitioners.

(c) To register a qualified person as a legal practitioner.

(d) To monitor whether legal practitioners act in accordance with the prescribed code of professional conduct for legal practitioners.

(e) To receive complaints relating to acts done by legal practitioners against professional conduct and to forward them to the Disciplinary Committee for action.

(f) To prescribe the procedure to be followed by the Disciplinary Committee and other committees.

(g) To initiate cases against those acting against the provisions of this Act.

(h) To protect the honor, prestige, security, rights, interests and facilities of legal practitioners.

(i) To recommend suitable academic standards for the legal profession by consulting with the university to encourage quality legal education.

(j) To appoint necessary employees for the Council and to make provisions for their remuneration and other facilities.

(k) To make arrangements for necessary training and coaching to give practical experience of legal practice to legal practitioners and to make the legal profession dignified.

(l) To make arrangements for studies, discussions, meetings, seminars, lectures, etc. to enhance the interest of legal practitioners and to make arrangements for necessary publications.

(m) To manage the fund of the Council.

(n) To perform other functions determined by this Act, and

(o) To perform other functions necessary to fulfill the objectives of this Act.

(2) The Council may delegate some of the powers vested in it under this Act to any Member, Secretary, Committee or member of a committee. 9. Appointment of Secretary: (1) There shall be a Secretary as the administrative head of the office of the Council.

(2) The Council shall appoint a person who has at least a bachelor's degree in law to the post of Secretary, or, upon the request of the Council, His Majesty's Government shall deputize an employee up to the gazetted class.

(3) Except as provided in this Act, other functions, duties and powers of the Secretary shall be as prescribed.

(4) The remuneration, facilities and conditions of service of the Secretary shall be as prescribed.

(5) In the absence of the Secretary, the Council may appoint any employee to act as Secretary. 10.
Nepal Bar Council Act, 1993

10. Fund of the Council: (1) The Council shall have a separate fund.

(2) The amounts received from grants from the Government of Nepal, any person or institution, and from other fees collected by the Council, etc. shall be deposited in the fund of the Council.

(3) The fund of the Council shall be operated by the joint signature of the Member designated by the Council and the employee of the Council designated by the Council.

(4) The auditor designated by the Council shall audit the accounts of the Council every year. 11. Disciplinary Committee: (1) If a complaint is lodged with the Council or information is received that any legal practitioner has done any act against this Act or the rules or code of conduct made under this Act, the Council may constitute a Disciplinary Committee with a Member as Chairperson to investigate the matter and take necessary action.

(2) The Disciplinary Committee shall have the same powers as a court with respect to issuing summons and taking evidence.

(3) The Disciplinary Committee may render a decision to do the following to a legal practitioner found guilty:

(a) To give a warning,

(b) To prohibit from practicing law for a certain period, and

(c) To cancel the certificate of the legal practitioner.

(4) While taking action under sub-section (3), the concerned legal practitioner shall be given a reasonable opportunity to present a defense.

(5) A legal practitioner who is not satisfied with the decision of the Disciplinary Committee may appeal to the Supreme Court within thirty-five days from the date of receipt of the notice of the decision. 12. Committees: (1) The Council may, for the conduct of its business, constitute other committees as necessary in addition to the Disciplinary Committee and the Examination Committee.

(2) The procedure, functions, duties and powers of the committee constituted under sub-section (1) shall be as prescribed by the Council. 13. Proceedings not to be Invalid: Even if the seat of any Member remains vacant, or an ineligible person is present, or proceedings are conducted in the Council, the proceedings of the Council shall not be invalid only on that ground. 14. No Legal Action to be Instituted: No complaint may be lodged against any action taken in good faith by the Council or a Member or any committee of the Council or any member of a committee in accordance with this Act or the rules made under this Act. Chapter-3

Legal Practitioner Examination

15. Legal Practitioner Examination: (1) The Council shall conduct the legal practitioner's examination at least once a year.
Nepal Bar Council Act, 1993

Chapter-3

Legal Practitioner Examination

15. Legal Practitioner Examination: (1) The Council shall conduct the legal practitioner's examination at least once a year. Such examination shall be taken in writing and orally, and the weightage of the oral examination shall not exceed ten percent of the total marks.

(2) For the purpose of sub-section (1), the Council shall constitute a Legal Practitioner Examination Committee including relevant experts. The Council shall designate one of the members of the Committee as Chairperson.

(3) The Examination Committee may make necessary arrangements for conducting the examination.

(4) The Examination Committee shall determine its own procedure. 16. Curriculum Relating to Legal Practitioner Examination: (1) The Council shall determine the curriculum, level and system of the legal practitioner's examination. Provided that, in relation to the persons mentioned in clauses (a) and (b) of sub-section (1) of section 17, the curriculum for the legal practitioner's examination to be taken shall be determined separately as prescribed by the Council, taking into account the background of their experience.

(2) The Council may seek advice and assistance from the Supreme Court and the Faculty of Law, Tribhuvan University in determining the curriculum, level and system of the legal practitioner's examination and in conducting the examination. Chapter-4

Registration as a Legal Practitioner

17. Persons to be Registered as a Legal Practitioner: (1) Only a Nepali citizen who has passed the legal practitioner's examination and has not been punished for a criminal offense involving moral turpitude and who possesses the following qualifications shall be registered as an Advocate:

(a) Has obtained a bachelor's degree in law and has served as a judge, government attorney, or in a gazetted post in the judicial service, or as a law teacher for at least five years, or

Amended by the Act to Amend Some Nepal Acts, 2064 (2007).(b) Has practiced law continuously as an Advocate for at least five years and has obtained a bachelor's degree in law, or

Amended by the Act to Amend Some Nepal Acts, 2064 (2007).(c) Has practiced law continuously as an Advocate for seven years, or

(d) Has obtained a bachelor's degree in law.

(2) A Nepali citizen who possesses the following qualifications, has passed the legal practitioner's examination, and has not been punished for a criminal offense involving moral turpitude shall be registered as an Advocate Amended by the First Amendment.until the end of Chaitra 2070 B.S.:

(a) Has obtained a proficiency certificate in law, or

(b) Has practiced law as an Agent for five years. 18.
Nepal Bar Council Act, 1993

18. Application for Registration: (1) A person who is qualified to be registered as an Advocate under this Act may submit an application to the Council in the format prescribed by the Council for registration as a legal practitioner.

(2) If the person applying under sub-section (1) appears to be qualified to be registered as a legal practitioner, the Council shall register such Nepali citizen as a legal practitioner and issue a certificate of legal practitioner in the format as prescribed, and shall also give information thereof to the Supreme Court. 19. Cancellation of Certificate: If it is subsequently proven that a legal practitioner was already ineligible to be a legal practitioner prior to obtaining the certificate of legal practice, the Council may cancel the certificate of such legal practitioner. 20. To Maintain Register of Legal Practitioners: (1) The Council shall maintain a register of persons who have obtained the certificate of legal practitioner.

(2) The register under sub-section (1) shall be kept updated by the Council.

(3) If any legal practitioner dies, or if any legal practitioner submits an application to have his/her name removed from the register, or if any legal practitioner is subject to disciplinary action resulting in a decision to cancel the certificate, the name of such legal practitioner shall be removed from the register, and information thereof shall be given to the Supreme Court.

(4) If any legal practitioner is subject to disciplinary action resulting in a decision by the Council to suspend his/her certificate, that fact shall be noted in the register. 21. Title of Senior Advocate: (1) If the Supreme Court considers that any Advocate has practiced law in the Supreme Court or a court of appeal level for at least fifteen years, maintaining high standards of the profession and assisting the court and society, the Supreme Court may confer upon such Advocate the title of Senior Advocate as an honor, and such Senior Advocate shall observe the conduct as prescribed.

(2) When the Supreme Court confers the title of Senior Advocate upon any Advocate under sub-section (1), the consent of the concerned Advocate shall be obtained. Chapter 5

Right to Practice Law

22.
Nepal Bar Council Act, 1993

Chapter 5

Right to Practice Law

22. Right to Appear, Plead and Argue: (1) A Senior Advocate and an Advocate shall have the right to appear, plead and argue on behalf of their party before any office, court or authority in Nepal, including the Supreme Court Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)..

(2) An Advocate shall have the right to appear, plead and argue on behalf of their party before other offices, courts or authorities in Nepal, other than the Supreme Court Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).. 23. Right of Address: (1) If there is more than one legal practitioner on behalf of a party in any case, the right to address the authority hearing the case shall be according to the following order of priority:-

(a) If legal practitioners are of the same category, according to the order of seniority based on the date of obtaining the certificate, and

(b) If legal practitioners are of different categories, according to the following order:

(1) Senior Advocate,

(2) Advocate, and

(3) Advocate.

(2) Notwithstanding anything contained in sub-section (1), with the permission of the authority hearing the case and the legal practitioner entitled to address first in the order of priority, a legal practitioner having the right to address later in the order of priority may address first.

(3) If, in any case, there are more than one legal practitioner of the same category on behalf of the same party who obtained their certificates on the same date, any one legal practitioner mutually agreed upon may address first. 24. Special Privileges of a Legal Practitioner: (1) While a legal practitioner is going to appear, plead or argue on behalf of any party in any case, he/she shall not be arrested on the way in relation to any civil claim or penalty.

(2) No action for defamation or insult shall be initiated against a legal practitioner for anything spoken by him/her in the course of argument. 25.
Nepal Bar Council Act, 1993

25. Unauthorized Person not to Practice Law: (1) No person who is not a legal practitioner shall appear, plead or argue in any office or court on behalf of any party in any case.

(2) Notwithstanding anything contained in sub-section (1), a legal practitioner who has obtained a certificate of legal practice from a foreign country may, with the permission of the concerned court, appear and argue in court on behalf of any party in a particular case.

(3) Notwithstanding anything contained in sub-section (1), in a district where the number of government attorneys, parties to the case, or those entitled to practice law according to law is less than ten, it shall not be prevented that any other person appears, pleads or argues in an office or court on behalf of any party to the case.

(4) If any person does any act contrary to sub-section (1), he/she may be liable to a fine of up to two thousand rupees or imprisonment for up to six months, or both. Chapter 6

Miscellaneous

26. Recognition of Existing Legal Practitioners: Legal practitioners registered as Senior Advocates, Advocates, or Agents under the Legal Practitioners Act, 2025 (1968) shall be deemed to have been registered as legal practitioners under this Act. 27. Power to Make Rules: (1) The Council may make rules to fulfill the objectives of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the Council may, in particular, make rules on the following matters:

(a) Professional code of conduct for legal practitioners,

(b) Hearing of complaints relating to the violation of the code of conduct and other procedures,

(c) Internal procedures of the Council,

(d) Procedures of various committees constituted under the Council,

(e) Provisions for determining the question of disqualification of a Member,

(f) Provisions relating to application fees for registration as a legal practitioner and certificate fees for registration,

(g) Provisions relating to the appointment and service of employees of the Council,

(h) Provisions relating to the fund, accounts and audit of the Council,

(i) Provisions relating to the work that may be done by a person who has obtained a certificate to draft documents in offices and courts and the conditions to be observed.

(3) Rules made by the Council under clauses (a), (b) and (i) of sub-section (1) shall come into effect only after approval by the Supreme Court. 28.
National Guidance Act, 1961

National Directive Act, 2018

Royal Seal and Date of Publication
2018.9.13

Amending Acts

1. Act to Amend, Repeal and Reorganize Nepalese Acts and Keep Them in Force, 2019 2019.12.30
2. National Directive (Amendment) Act, 2021 2021.8.1
3. National Directive (Second Amendment) Act, 2024 2024.4.4

Certification and Date of Publication
2066.10.7

5. Act to Amend and Repeal Some Nepalese Laws, 2072 2072.6.14

Act No. 31 of the year 2018



An Act Made to Provide for the Power to Give National Directives

Preamble: Whereas, amended by the Act to Amend, Repeal and Reorganize Nepalese Acts and Keep Them in Force, 2019 it is expedient to provide for the power to give nationwide directives in order to maintain good relations among the people of different classes, professions or fields, and to uphold the good conduct, convenience, economic interest, decorum and morality of the general public, and to channel the power of class-based and professional organizations towards the construction and development of the nation as well as their own class-based and professional interests and development,

Therefore, His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act in accordance with Article 93 of the Constitution of Nepal amended by the Act to Amend, Repeal and Reorganize Nepalese Acts and Keep Them in Force, 2019. 1. Short Title, Extent and Commencement: (1) This Act may be called the "National Directive Act, 2018".

(2) This Act shall extend to the whole of Nepal deleted by the Act to Amend and Repeal Some Nepalese Laws, 2072

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

(a) "Class-based and professional organization" means a children's organization deleted by the Second Amendment a youth organization, a women's organization, a farmers' organization, a workers' organization, and other similar class-based and professional organizations established and operated with the primary objective of the interest and development of a particular class or profession as well as the construction and development work of the nation.

(b) "Constitution" means the constitution made for establishing, operating and carrying out other related activities of a class-based and professional organization specifying the primary objective, and also includes amendments thereto. 3.
National Guidance Act, 1961

3. Prior Approval of the Government of Nepal Required to Establish a Class-based and Professional Organization: (1) No person shall establish any class-based and professional organization without the prior approval of the Government of Nepal under this Act.

(2) A person or persons desiring to establish a class-based and professional organization shall submit an application to the Government of Nepal, together with a copy of the constitution for establishing, operating and carrying out other related activities of such organization, specifying the primary objective as well.

(3) After an application is submitted pursuant to subsection (2), the Government of Nepal may examine whether the class-based and professional organization under such application and the constitution submitted therewith is being established with the primary objective of the interest and development of a particular class or profession as well as the construction and development work of the nation, and if it appears necessary to make any amendment to the constitution for the fulfillment of that objective, may grant approval to establish, operate and carry out other related activities of the class-based and professional organization in accordance with such constitution, including such amendment. If it appears that it is not being established with the primary objective of the interest and development of a particular class or profession as well as the construction and development work of the nation, or if it appears that such organization would be detrimental to the national interest, the Government of Nepal may also reject such application without assigning any reason.

(4) A constitution approved with or without amendment by the Government of Nepal under this section shall not be amended or repealed and another constitution implemented without the approval of the Government of Nepal.

(5) The Government of Nepal may initiate the establishment, operation and other related activities of children's organizations deleted by the Second Amendment youth organizations, women's organizations, farmers' organizations, workers' organizations and ex-servicemen organizations. Such organizations shall also carry out their activities only in accordance with the constitution approved by the Government of Nepal.

(6) If the Government of Nepal itself intends to establish or cause to be established a particular class-based and professional organization, or if the Government of Nepal has already recognized a particular class-based and professional organization as nationwide, the Government of Nepal shall not grant approval to establish more than one such organization of the same class or profession. Added by the National Directive (Amendment) Act, 2021.(7) Notwithstanding anything contained in this Act or in the constitutions of class-based and professional organizations, the Government of Nepal may, if it deems necessary, amend the constitution of a class-based and professional organization after consulting with the working committee of the concerned organization.
National Guidance Act, 1961

Added by the Second Amendment.(8) Notwithstanding anything contained in the foregoing subsections, if students of a university, college or any educational institution of a level prescribed by the Government of Nepal desire to open any association or institution for physical, intellectual and cultural development within such institution, they may do so with the approval of the Vice-Chancellor or Principal or Head Teacher. While granting approval to open such association or institution, the approving authority shall do so in accordance with the rules made under this Act. If any student of such educational institution opens or attempts to open any such association or institution without the approval of the Vice-Chancellor or Principal or Head Teacher, or does any act contrary to the above objectives or rules, such student may be expelled for a maximum period of two years by the Vice-Chancellor or Principal or Head Teacher of the concerned institution. A student expelled from any educational institution in such manner shall not be admitted for study or training in any educational institution of Nepal deleted by the Act to Amend and Repeal Some Nepalese Laws, 2072 during the period of expulsion. 4. Deleted by the Second Amendment

5. Power of the Government of Nepal to Issue National Directives: The Government of Nepal may, from time to time, issue to the various class-based and professional organizations and other organizations of Nepal deleted by the Act to Amend and Repeal Some Nepalese Laws, 2072 such directives as it deems necessary regarding their work and activities, having regard to the national interest, and it shall be the duty of the concerned organizations to comply with such directives. 5A. Delegation of Powers: The Government of Nepal may, by publishing a notice in the Nepal Gazette, delegate all or any of its powers and duties under this Act to any officer specified in that notice to exercise and perform them, and an order or directive given by such officer shall be deemed to have been given by the Government of Nepal. 6.
National Guidance Act, 1961

6. Penalties: (1) If any person or persons establish any class-based and professional organization without the approval of the Government of Nepal, each such person or persons shall be liable, by order of the Government of Nepal, to a fine of up to Nepalese Rupees 500/– or imprisonment for up to six months or both, and the organization so established shall also be illegal.

(2) If any class-based and professional organization or other organization, or its committee or member, fails to comply with any directive given by the Government of Nepal under this Act or the rules made thereunder, or performs any act contrary to the constitution approved by the Government of Nepal, such organization, its committee or member may, depending on the circumstances, be fined up to Nepalese Rupees 500/– by order of the Government of Nepal, or suspended or dissolved for a period specified in that order. 7. Validation of Previous Activities: All acts and activities performed by the Government of Nepal in relation to class-based and professional organizations before the commencement of this Act, and such organizations established and operated with the approval of the Government of Nepal, shall be deemed to have been performed under this Act, and acts performed by such organizations that are not inconsistent with this Act shall also be deemed to have been performed under this Act. 8. No Question to be Raised in Court: Any order or directive given by the Government of Nepal under this Act or the rules made thereunder shall be final, and no question may be raised against it in any court. 9. Power to Make Rules: The Government of Nepal may, from time to time, make rules for the purpose of implementing the provisions of this Act, subject to no inconsistency with this Act. Such rules shall come into force only after publication in the Nepal Gazette. 10. Saving: Deleted by the Act to Amend, Repeal and Reorganize Nepalese Acts and Keep Them in Force, 2019
Land (Survey and Measurement) Act, 1963

Land (Measurement and Inspection) Act, 2019

Great Seal and Date of Publication
2019.12.30

Amending Acts

1. Land (Measurement and Inspection) (First Amendment) Act, 2024 2024.7.2
2. Land (Measurement and Inspection) (Second Amendment) Act, 2029 2029.6.5
3. Land (Measurement and Inspection) (Third Amendment) Act, 2033 2033.7.4
4. Land (Measurement and Inspection) (Fourth Amendment) Act, 2035 2035.5.21
5. Land (Measurement and Inspection) (Fifth Amendment) Act, 2036 2036.8.14
6. Land (Measurement and Inspection) (Sixth Amendment) Act, 2046 2046.7.11
7. Administration of Justice Act, 2048 2048.2.16
8. Land (Measurement and Inspection) (Seventh Amendment) Act, 2049 2049.6.28
9. Land (Measurement and Inspection) (Eighth Amendment) Act, 2056 2057.3.7

Certification and Date of Publication
2066.10.7

10. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
11. Some Nepal Acts Amendment Act, 2072 2072.11.13
12. Some Laws Amendment, Integration, Consolidation and Repeal Act, 2074 2074.6.30

Act No. 51 of the year 2019



An Act Made to Provide for the Measurement and Inspection of Land

Preamble: Whereas it is desirable to make provision for the measurement and inspection of land and for determining the classification of land in order to maintain mutual relations among the people of various classes, castes or regions of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and generally for the convenience of the citizens of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.;

This Act is hereby made by His Majesty King Mahendra Bir Bikram Shah Dev in accordance with Article 93 of the Constitution of Nepal. 1. Short Title, Extent and Commencement: (1) This Act may be called the “Land (Measurement and Inspection) Act, 2019”.

(2) This Act shall extend to the whole of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

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

(a) “Land” means all kinds of land, including land with houses, gardens, orchards, trees, factories, ponds, tanks, etc. Added by the Sixth Amendment.(a1) “Measurement and inspection” means the work of measuring or re-measuring and inspecting land and collecting data related to the landowner and tenant, preparing maps of land, determining the area, classifying the type, or registering the land in the cadastral record based on maps or records, and such term also includes aerial survey for survey, establishing control point stations, and conducting topographic survey at various scales and publishing maps. Added by the Sixth Amendment.(a2) “Registration record” means the land ownership registration record prepared based on the map and cadastral record prepared after the measurement and inspection of land, clearly showing the landowner, tenant, plot number of land, area, and type.