chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Engineering Council Act, 1999

36. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Council shall do so through Amended by the First Amendment. the ministry of the Government of Nepal dealing with physical infrastructure matters. Amended by the First Amendment. 37. Power to Make Rules, Regulations, Directives, Procedures and Standards: (1) The Council may make necessary rules for the implementation of this Act.

(2) Rules made pursuant to sub-section (1) shall come into effect after approval by the Government of Nepal.

(3) The Council may make necessary regulations, directives, procedures and standards that are not inconsistent with this Act and the rules made pursuant to sub-section (1).

(4) The rules, regulations, directives, procedures and standards made by the Council under this Act shall be made public for the information of the general public. Added by the First Amendment. 37A. Annual Report to be Submitted: (1) The Council shall submit a report to the Government of Nepal within the month of Ashwin each year, including a summary of the work performed by it during the year, administrative expenses, details of income and expenditure, and programs to be conducted in the future.

(2) The report pursuant to sub-section (1) shall also be made public by the Council. Added by the First Amendment. 37B. Government of Nepal may Give Necessary Directions: (1) The Government of Nepal may give necessary directions to make the business of the Council effective.

(2) It shall be the duty of the Council to comply with the directions given by the Government of Nepal pursuant to sub-section (1). 38. Power to Add to Schedule: The Government of Nepal may add engineering subjects to the Schedule as required by notification published in the Nepal Gazette. Schedule
(Relating to clause (e) of Section 2)

Engineering Profession

1. Civil Engineering
(a) General
(b) Highway
(c) Sanitary
(d) Building and Architecture
(e) Irrigation
(f) Hydrology
(g) Hydropower
(h) Airport

2. Electrical
(a) General Electrical
(b) Aviation Electrical
Added by notification published in the Nepal Gazette dated 2073.11.23.(c) Electrical and Computer Engineering

3. Electronic and Communication

4. Mechanical
(a) General Mechanical
(b) Aviation Mechanical
(c) Construction Equipment Maintenance
Added by notification published in the Nepal Gazette dated 2063.9.3.(d) Production Engineering

5. Aeronautical

6. Mining

7. Chemical
Added by notification published in the Nepal Gazette dated 2073.11.23.(a) Chemical Engineering
Added by notification published in the Nepal Gazette dated 2073.11.23.(b) Chemical Engineering and Polymer Science

8. Metallurgical

9. Metrology

10. Meteorology

11. Geology
(a) General
(b) Hydrogeology
(c) Engineering Geology

12. Civil Aviation Operation and Engineering
(a) Civil Aviation Operation
(b) Flight Operation
(c) Aviation Fire Services

13. Survey

14. Chemistry

15. Agri Irrigation Engineering

Rearranged by notification published in the Nepal Gazette dated 2063.9.3.16.
Nepal Engineering Council Act, 1999

Information Technology
- Information Science and Engineering

42. Biomedical
(a) Biomedical Engineering
(b) Medical Electronics

Rearranged by notification published in the Nepal Gazette dated 2073.11.23.43. Geomatics Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.44. Food Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.45. Civil and Rural Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.46. Biotechnology

Added by notification published in the Nepal Gazette dated 2073.11.23.47. Electromechanical

Added by notification published in the Nepal Gazette dated 2073.11.23.48. Petroleum Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.49. Mechatronics Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.50. Hitechplasma and Plants Engineering

Added by notification published in the Nepal Gazette dated 2073.11.23.51. B.Tech in Naval Architecture and Ship Building

Added by notification published in the Nepal Gazette dated 2073.11.23.52. Bachelor of Engineering Science and Technology of Winery

Added by notification published in the Nepal Gazette dated 2076.4.6.53. Genetic Engineering

Added by notification published in the Nepal Gazette dated 2077.4.26.54. Logistic Engineering

Added by notification published in the Nepal Gazette dated 2077.12.26.55. Bachelor of Hydropower Engineering

Added by notification published in the Nepal Gazette dated 2077.12.26.56. Material Science and Engineering

Added by notification published in the Nepal Gazette dated 2077.12.26.57. Aerospace Engineering

Added by notification published in the Nepal Gazette dated 2080.09.23.58. Electronics, Communication and Information Engineering

Added by notification published in the Nepal Gazette dated 2080.09.23.59. Electronics, Communication and Automation Engineering
Muluki Civil Code, 2017

Muluki Civil Code, 2074

Certification and Publication Date
2074.6.30

Amending Acts

1. Act to Amend Some Nepal Acts relating to the Muluki Code, 2075 2076.1.02
2. Act to Amend Some Nepal Acts relating to the Muluki Code, 2080 2080.4.12

Act No. 34 of the year 2074

Preamble: Whereas it is desirable to amend and consolidate the provisions relating to civil matters contained in the Muluki Ain and other laws and to make them up-to-date in order to maintain law and order in the country, uphold the morality, etiquette, integrity and convenience as well as economic interests of the general public, and to maintain harmonious relations among various castes, races or communities by establishing a just system in the economic, social and cultural fields;

Now, therefore, the Legislature-Parliament, pursuant to sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Part-1
Preliminary
Chapter-1
General Provisions

1. Short Title and Commencement: (1) The name of this Act is Amended by the Act to Amend Some Nepal Acts relating to the Muluki Code, 2075."Muluki Civil Code, 2074".

(2) This Code shall come into force from the 1st day of Bhadra of the year 2075. 2. Definitions: Unless the subject or context otherwise requires, in this Code,-

(a) "Court" means the Supreme Court, High Court or District Court, and the said term also includes any other court, judicial body or official authorised by law to conduct proceedings and adjudicate certain types of civil cases.

(b) "Law" means the law in force for the time being.

(c) "Person" means a natural person, and the said term also includes a legal person.

(d) "Plaint" means a plaint, and the said term also includes any other type of complaint, claim, counterclaim, or petition of a similar nature.

(e) "Minor" means a child who has not completed the age of eighteen years.

(f) "Local Level" means a Rural Municipality or Municipality.

(g) "Property" means movable or immovable property.

(h) "Legatee" means a person who is in the priority order to receive inheritance pursuant to section 239. 3. Not to Affect Special Legal Provisions: If there is a separate provision in the law in force in matters regulated by this Code, the provision of this Code shall not have any effect on such matter. Chapter-2
General Principles of Civil Law

4. Principles and Provisions Generally Applicable: The principles and provisions mentioned in this Chapter shall generally apply to matters of civil law. 5. Ignorance of Law Not Excusable: Ignorance of law shall not be excusable. Everyone shall be presumed to know the law. 6. No Act Contrary to Public Interest: No one shall do any act contrary to public interest. 7.
Muluki Civil Code, 2017

5. Ignorance of Law Not Excusable: Ignorance of law shall not be excusable. Everyone shall be presumed to know the law. 6. No Act Contrary to Public Interest: No one shall do any act contrary to public interest. 7. Act Contrary to Law Void: An act contrary to law shall be void. 8. Person at Fault to Bear Loss: (1) If, while doing or causing to do any act, any person suffers loss or damage due to the fault of another, the liability for such loss or damage shall be borne by the person who committed or caused the fault.

(2) Every person shall bear the consequences of his or her own wrongful act.

(3) Except where otherwise provided in this Code or law, the person concerned shall pay compensation to fulfill the liability pursuant to sub-section (1).

(4) The determination of compensation shall be as provided by law. 9. No Act to Cause Suffering to Others: No one shall do or cause to do any act which causes suffering, harassment, or damage to the reputation, prestige or property of another person. 10. No Benefit from Own Fault: No one shall take benefit from a fault committed by himself or herself. 11. Act Contrary to Interest Void: An act done contrary to the interest of a person who is under one's guardianship, supervision, control or influence or who may be influenced shall be void. 12. Recognition of Personality Required: Every person must recognize the personality of another person. 13. Good Neighborliness to be Maintained: Every person must maintain good neighborliness in a manner that does not cause harm or loss to the community or neighbors of the place where he or she resides. 14. No Exemption from Civil Liability: A person shall not be exempted from civil liability under law merely on the ground that criminal proceedings have been initiated or not initiated against him or her. 15. Customs or Traditions Contrary to Law Not Recognized: Customs or traditions contrary to law shall not be recognized in the course of justice. 16. Also Applicable to Foreigners: Unless the subject, context or nature makes a legal provision applicable only to Nepali citizens, this Code or other provisions relating to civil law shall also apply equally to foreigners. Chapter-3
Provisions Relating to Civil Rights

17. Equality in the Eyes of Law: (1) Every citizen shall be equal in the eyes of law.

(2) No citizen shall be deprived of the equal protection of law. 18.
Muluki Civil Code, 2017

Chapter-3
Provisions Relating to Civil Rights

17. Equality in the Eyes of Law: (1) Every citizen shall be equal in the eyes of law.

(2) No citizen shall be deprived of the equal protection of law. 18. No Discrimination: (1) In the application of general law, there shall be no discrimination on grounds of origin, religion, color, caste, race, sex, physical condition, disability, health status, marital status, pregnancy, economic condition, language or region, ideological conviction or any other similar grounds.

(2) No person shall be discriminated against in private and public places on grounds of origin, religion, color, caste, race, community, profession, occupation, sex, physical condition, disability, health status, marital status, pregnancy, economic condition, language or region, ideological conviction or any other similar grounds; and no person shall, on such grounds, be prevented from using services, facilities or utilities available for public use, or from entering public places or public religious places, or from performing religious acts according to his or her desire.

(3) No one shall be discriminated against in remuneration and social security on grounds of gender for equal work.

(4) Appointment of a citizen to a government or public office shall be made only on the basis of the qualifications determined by law. In making such appointment, no citizen shall be discriminated against on grounds of origin, religion, color, caste, race, sex, economic condition, language or region, ideological conviction or any other similar grounds. 19. Special Provisions Not Deemed Discrimination: Notwithstanding anything written in sections 17 and 18, if special provisions are made by law for the protection, empowerment or development of women, Dalits, indigenous, indigenous nationalities (Adivasi Janajati), Madhesi, Tharu, Muslims, oppressed class, backward class, minorities, marginalized groups, farmers, laborers, youth, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant persons, incapacitated or helpless persons, backward areas and economically poor Khas Arya including citizens who are socially or culturally backward, such provisions shall not be deemed to be discrimination. 20.
Muluki Civil Code, 2017

20. Freedom and Rights: (1) No person shall be deprived of personal liberty except in accordance with law.

(2) Subject to law, every citizen shall have the following freedoms and rights:-
(a) to hold and express opinions,
(b) to assemble peaceably without arms and to hold gatherings and conferences,
(c) to form unions or associations,
(d) to move about, reside and settle in any part of Nepal,
(e) to pursue any profession, employment, industry or business,
(f) to acquire education of one's choice or in one's mother tongue,
(g) to acquire, enjoy, transfer property and to do any other transaction of property,
(h) to adopt and practice one's own religion as handed down from time immemorial, having regard to public morality and tradition,
(i) to preserve and promote the language, script or culture of one's community,
(j) to maintain the free existence of one's religious community and to operate religious sites and religious trusts (guthi),
(k) to protect or keep confidential one's body, residence, property, documents, correspondence or information. 21. When Right to Privacy Deemed Infringed: (1) If any person does any of the following acts without the consent of the person concerned except in accordance with law, the right to privacy shall be deemed to have been infringed:-
(a) if he or she enters into the residence of any person,
(b) if he or she opens or uses anyone's letters, or tapes or records or listens to conversations, speech, or sound made through telephone or other technologies,
(c) if he or she discusses, publishes, broadcasts or propagates the private life conduct or behavior of any person,
(d) if he or she captures the image or photograph of anyone,
(e) if he or she impersonates another's name, image, photograph or voice and makes it public.

(2) Notwithstanding anything written in clause (d) or (e) of sub-section (1), if anyone does any act mentioned in those clauses for literary or artistic purposes or for public interest, the right to privacy shall not be deemed to have been infringed. 22. Right to Make Contract: Every citizen shall have the right to make a contract subject to law. 23. No Tax Except According to Law: No tax shall be levied on the property or income of any person except in accordance with law. 24. No Compulsory Labor Against Will: No person shall be compelled to do any work against his or her will. 25. No Acquisition, Requisition, Auction or Confiscation of Property: (1) Except for public interest in accordance with law, the State shall not acquire, requisition, or create any other right over any person's property.
Muluki Civil Code, 2017

25. No Acquisition, Requisition, Auction or Confiscation of Property: (1) Except for public interest in accordance with law, the State shall not acquire, requisition, or create any other right over any person's property. Provided that this provision shall not apply to property acquired illegally.

(2) No one's property shall be auctioned or confiscated except in accordance with law. 26. Right to Complain: (1) An arrested or detained person himself or herself, or anyone on his or her behalf, may lodge a complaint in the Supreme Court, High Court or District Court for a writ of habeas corpus.

(2) If any person lodges a complaint in more than one court, the complaint lodged in the higher court shall stand.

(3) If any person does or is about to do any act contrary to this Chapter, and there is sufficient apprehension thereof, the person likely to be harmed by such act may lodge a complaint in the High Court or District Court having territorial jurisdiction for the exercise of his or her right.

(4) Upon inquiry into a complaint lodged pursuant to sub-section (1), if it appears that the arrest or detention was contrary to law, the concerned court shall order the immediate release of the arrested or detained person.

(5) Upon inquiry into a complaint lodged pursuant to sub-section (3), if it appears that the opposite party has caused or is about to cause damage to the complainant's right, the concerned court may issue an order to the opposite party not to do or cause to do any act that would damage the complainant's right, and if any act has already been done, to refrain from further act, or to cause to do some act. 27. Compensation to be Awarded: (1) Upon inquiry into a complaint lodged pursuant to section 26, if it is determined that the opposite party has maliciously done any act causing damage to the complainant, the concerned court shall, having regard to the circumstances, order the opposite party to pay reasonable compensation to the complainant.

(2) If a functionary or employee working in any government or public body is found to have knowingly violated the civil rights mentioned in this Chapter, the amount of compensation under sub-section (1) shall be borne by such functionary or employee himself or herself. 28.
Muluki Civil Code, 2017

28. If False Complaint Found, Compensation to be Awarded: (1) If any person is found to have filed a false complaint with the intention of causing suffering or loss or damage to another, the concerned court shall order the complainant who filed such false complaint to pay reasonable compensation to the opposite party.

(2) The compensation awarded under sub-section (1) shall include the expenses incurred by the opposite party in defending himself or herself in court, court fees, and legal practitioner's fees. 29. Limitation: A person aggrieved by any act done under this Chapter may file a plaint within six months from the date of such act, except that in the case of arrest or detention, a plaint may be filed at any time. Part-2
Law Relating to Persons
Chapter-1
Provisions Relating to Natural Persons

30. Recognition as Person: Every person shall acquire recognition as a person immediately upon birth, and shall be entitled to enjoy rights according to law as long as he or she is alive. 31. Right to Name: (1) Every person shall have the right to a name immediately upon birth and shall be entitled to use his or her name in a dignified manner.

(2) Every person shall have the right to protect his or her name, honor and reputation, and such right shall not be transferable to another person.

(3) No one shall misuse the name of another person. 32. Attaining Capacity: (1) Every person who has completed the age of eighteen years shall be deemed to be an adult, and by virtue of that status, he or she shall be deemed to be legally competent.

(2) A person competent under sub-section (1) may, subject to law, exercise any right, discharge any liability, and perform any duty. 33. Deemed Incompetent: (1) Notwithstanding anything written in section 32, a person who has not completed the age of ten years, or who, even if having reached such age, is unable to protect his or her own rights and interests due to being not in a sound state of mind, shall be deemed to be legally incompetent. Explanation: For the purposes of this Code, "being not in a sound state of mind" means being in a condition, due to physical or mental illness, where one cannot normally understand one's own actions and their consequences.

(2) An incompetent person shall not have to bear any kind of legal liability, and while exercising any right, it must be done with the consent of a guardian or caretaker, or through a guardian or caretaker.

(3) When any document is required to be made on behalf of an incompetent person, it shall be made through his or her guardian or caretaker.
Muluki Civil Code, 2017

34. Deemed Semi-Incompetent: (1) A person who has completed ten years but has not completed eighteen years of age shall be deemed to be semi-incompetent.

(2) A semi-incompetent person may, subject to law, exercise any right, discharge any liability, and perform any duty.

(3) While exercising any right, a semi-incompetent person must do so with the consent of a guardian or caretaker, or through a guardian or caretaker.

(4) When making any document of a semi-incompetent person, it must be made in the presence of a guardian or caretaker. 35. As per Court Decision: If a dispute arises regarding the competency, incompetency, or semi-incompetency of any person, it shall be determined by the decision of the court. 36. May Undergo or Cause Medical Examination or Organ Change: (1) Any person may, subject to law, undergo or cause to undergo medical examination, treatment, organ change, or collection of any part of any organ or any sample thereof of his or her body.

(2) If a person is incapacitated to give consent himself or herself, a guardian or caretaker may do or cause to do the acts under sub-section (1) for his or her benefit. 37. May Determine Method of Cremation, Mortuary Rites or Last Rites: (1) Any person may, during his or her lifetime, determine the method of cremation, mortuary rites or last rites to be performed after his or her death.

(2) If a person has determined the method of cremation, mortuary rites or last rites under sub-section (1), the legatee must also perform the cremation, mortuary rites or last rites of the deceased according to the deceased's wish.

(3) If a person has not determined the method of his or her cremation, mortuary rites or last rites under sub-section (1), the legatee must perform the cremation, mortuary rites or last rites of the deceased according to prevailing traditions and customs. 38. May Donate Body or Organs: (1) Any person may express in writing his or her intention to donate his or her body, any organ of the body, or any part thereof to someone for use or to cause to use for a specific purpose after death.

(2) If an intention is expressed under sub-section (1), the legatee must also use the deceased's body, organ or any part thereof according to the deceased's intention.

(3) Notwithstanding anything written in sub-section (2), if the person accepting such body, organ or any part thereof is not available, or if it is not possible to separate such body, organ or any part thereof, the cremation, mortuary rites or last rites of such body shall be performed according to section 37. 39.
Muluki Civil Code, 2017

39. Deemed Address of Residence: (1) When determining the address of residence of any person, if that person has given an address for that purpose, that address shall be taken as his or her address of residence; and if no such address has been given, the place within Nepal where he or she permanently resides shall be taken as his or her address of residence.

(2) If the residence of any person is not determined under sub-section (1), or if the residence cannot be traced, the place where such person currently resides shall be taken as his or her address of residence.

(3) If the residence of any person is not determined under sub-section (1) or (2), or if his or her residence cannot be traced, and if he or she carries on any trade, business, employment or transaction, the place where such trade, business, employment or transaction is carried on shall be taken as his or her address of residence.

(4) Notwithstanding anything written in sub-section (1), (2) or (3), if the address of residence of any person has changed, the place where such person currently resides shall be taken as his or her address of residence.

(5) When determining the residence of an incompetent or semi-incompetent person, the place where such person permanently resides shall be taken, and if such place is not certain, the place where the guardian or caretaker of such person resides shall be taken as his or her address of residence.

(6) Notwithstanding anything written elsewhere in this section, if any person has treated an address as his or her residence for a specific purpose, such address shall be taken as his or her address of residence. 40. Deemed Dead: (1) If any person is missing without information continuously for twelve years, or if the person who would naturally receive information about such person has not received any information for twelve years, such person shall be deemed to have died, except where proof of his or her being alive is obtained.
Muluki Civil Code, 2017

Provided that, in the following circumstances, such person shall be deemed to have died after the expiry of the following periods:-
(1) In the case of a person who has completed the age of eighty years – five years,
(2) In the case of a soldier deployed in a war zone – four years from the date of the conclusion of the war,
(3) In the case of a person who traveled in an aircraft, ship or other vehicle that met with an accident – three years from the date of such accident.

(2) Notwithstanding anything written in clause (3) of the proviso to sub-section (1), if a person has died in an accident, and no proof of the survival of another person involved in the same accident is obtained, such other person shall also be deemed to have died at the same time.

(3) If more than one person die simultaneously in an accident, unless proved otherwise, each person dying in such accident shall be deemed to have died simultaneously. Provided that, if for any specific purpose a question arises as to which person died first in such accident, unless proved otherwise, the person who was older at the time of death shall be deemed to have died first.

(4) If a person who has an interest files a petition stating that a person has been missing without information or has been involved in a disaster or accident, clearly mentioning the date, place, cause and basis of the disappearance or death, seeking a judicial declaration regarding his or her death, the court may, after hearing evidence, order a judicial declaration of death of such person.

(5) If a person who has been declared dead under sub-section (4) returns alive and files a petition for annulment of the previous judicial declaration, or if a claimant of such person files a petition for amendment of the death declaration on the ground that the date of death differs from the date of the judicial declaration, the court shall, after making necessary inquiry in this regard, amend or annul the order of judicial declaration made under sub-section (4). Provided that,-
(1) If a surviving wife has married another person after such declaration, the marital relationship with the declared person shall not be re-established.
(2) There shall be no adverse effect on the legal rights of the person declared dead.
(3) No adverse effect shall be caused to any act already done under the previous judicial declaration due to the establishment of a new date of death.
(4) There shall be no effect on the right, interest or concern acquired by any person under law from the act done pursuant to clause (3). 41.
Muluki Civil Code, 2017

41. Limitation: A person aggrieved by any act done under this Chapter may file a plaint as follows:-
(a) In the case of section 36, within three months from the date of such act,
(b) In the case of sub-section (5) of section 40, within one year from the date of knowledge of such act,
(c) In cases other than those mentioned in clauses (a) and (b), within six months from the date of such act. Chapter-2

Provisions Relating to Legal Persons

42. Legal Person to Acquire Capacity: (1) An incorporated body established according to law shall acquire legal personality, and by virtue of that status, shall acquire legal capacity.

(2) To acquire legal capacity under sub-section (1), a body must be registered according to law.

(3) For registration under sub-section (2), except where a separate provision is made by law, a petition must be submitted to the concerned authority stating the following:-
(a) Name of the incorporated body,
(b) Principal office of the incorporated body and the address of such office,
(c) Objectives and functions of the incorporated body,
(d) Details of the capital structure of the incorporated body, if any,
(e) Other necessary details.

(4) After the body is registered under sub-section (2), such body shall be deemed to be established.

(5) A legal person shall have a corporate personality and shall use a separate seal for its activities.

(6) A body established under this section shall be a continuous succession, autonomous, and incorporated body, and subject to law, may, in that capacity, do the following acts like a person:-
(a) To acquire, hold, earn, possess, use, sell or otherwise manage property,
(b) To make contracts, exercise rights and discharge liabilities under contracts, or otherwise assume any right or liability in any manner,
(c) To make by-laws or regulations necessary for conducting its work, activities or business,
Amended by the Act to Amend Some Nepal Acts relating to the Muluki Code, 2075.(d) To appoint employees subject to its by-laws for performing its work,
(e) To open branches or other offices subject to its by-laws and regulations,
(f) To open and operate accounts in any bank or financial institution,
(g) To perform other functions according to law.

(7) A legal person may sue or take other legal proceedings in its own name, and may also be sued or have other legal proceedings taken against it in the same name. 43.
Muluki Civil Code, 2017

43. Acquisition of Legal Capacity After Establishment: (1) After the establishment of a legal person, such person shall acquire legal capacity to perform civil and commercial activities in addition to the acts mentioned in section 42.

(2) The capacity acquired under sub-section (1) shall remain until the liquidation, dissolution or other termination of the legal person according to law. 44. Deemed to Have Automatically Acquired Legal Capacity: Notwithstanding anything written in section 42, the following bodies shall be deemed to have automatically acquired capacity as a legal person:-
(a) The State of Nepal,
(b) Government of Nepal,
(c) Federal Parliament or Legislature-Parliament,
(d) Courts, constitutional bodies or any offices under such bodies,
(e) Ministries, secretariats, departments or any other government offices of the Government of Nepal,
(f) Provinces,
(g) Provincial governments or government offices at the provincial level,
(h) Provincial Assembly,
(i) Rural Municipalities, Municipalities or District Assemblies, or local level government offices under such bodies,
(j) Commissions, committees or similar other bodies established by law by the Government of Nepal, Provincial Government or Local Level Government,
(k) Corporations, incorporated bodies or entities established according to law,
(l) Institutions established for public purposes such as monasteries (math), temples (mandir), shrines (devalaya), stupas (chaitya), gumbas, mosques, churches, rest houses (dharmashala), pavilions (pati), rest shelters (sattal), cremation grounds (antyashtisthal) which have been operating since ancient times and possess property,
(m) Community schools or colleges or universities established for public purposes. 45. Address of Legal Person: The address of a legal person shall be the address mentioned at the time of establishment of the incorporated body; if not so mentioned, the address of the principal office or registered office of such body; and if such office or address is also not determined, the address of the main administrative office or the address where the business and operations are carried out shall be deemed to be its address. 46. Management and Operation of Legal Person: (1) Unless otherwise provided by law, the management and operation of a legal person shall be as provided in the by-laws of such person, and in the absence of such provision, shall be by one or more directors.

(2) The legal person shall be responsible for the management and operation conducted by the directors under sub-section (1). 47. Execution of Acts of Legal Person: (1) When an act is required to be performed on behalf of a legal person, unless otherwise provided by law, it shall be done by decision of the directors of such person.

(2) While performing an act under sub-section (1), the directors may authorize any director or any other person to perform any act. 48.
Muluki Civil Code, 2017

48. Merger of Legal Person: Transfer of Rights or Liabilities: (1) If a legal person merges with another legal person for any reason, the rights or liabilities of such person shall be as determined at the time of merger.

(2) If not determined under sub-section (1), the rights or liabilities of the legal person merging with another person shall be transferred to the merged legal person. 49. Legal Person May Be Agent: A legal person may, subject to law, act as the agent of another person. 50. No Participation in Decision if Conflict of Interest: (1) A member or director of any institution or body shall not participate in the decision-making process regarding a matter involving his or her personal interest.

(2) If a decision is affected due to the involvement of personal interest under sub-section (1), such decision shall be void. 51. Legal Person to be Responsible: If anyone does any act on behalf of a legal person and causes any kind of loss or damage to anyone, the responsibility for that shall be of such legal person, and the compensation thereof shall be borne by the concerned legal person. Provided that, if any loss or damage is caused to anyone by an act done outside the objectives or scope of the legal person, or done maliciously, the director or person who did such act shall be personally responsible. 52. Settlement of Property or Liability: If a legal person is dissolved for any reason, the property and liabilities of such person shall be settled according to law. 53. Limitation: A person aggrieved by any act done under this Chapter may file a plaint within three months from the date of knowledge of such act in the case of section 50, and within six months from the date of such act in other cases. Chapter-3

Provisions Relating to Insolvency of Natural Persons

54.
Muluki Civil Code, 2017

Explanation: (1) For the purposes of this Chapter, "estate" means the property currently held by the concerned person or property that may be acquired or may become available until the completion of insolvency proceedings under this Chapter.
(2) For the purposes of clause (c), "creditor" means, if there is more than one creditor, the creditor or group of creditors whose debt constitutes fifty percent or more of the total debt of the person about to become insolvent.

(3) If, under this Chapter, the debts or claims of creditors are settled from a person's estate, such person shall be deemed to have been declared insolvent.

(4) The court shall send the record of the person declared insolvent under sub-section (3) to the Insolvency Administration Office established for that purpose.

(5) The record under sub-section (4) shall be kept updated by the Insolvency Administration Office.

(6) If a person is declared insolvent under sub-section (3), he or she shall not be required to pay or fulfill any other debts or liabilities except those settled under this Chapter.

(7) Notwithstanding anything written in sub-section (6), after a person is declared insolvent, he or she must fulfill the following liabilities arising from the trade, business or transactions commenced after such declaration:-
(a) Amended by the Act to Amend Some Nepal Acts relating to the Muluki Code, 2075.Taxes, fees or charges payable to the Government of Nepal, Provincial Government or Local Level,
(b) Amount payable as penalty or fine pursuant to a court order

(2) Notwithstanding anything contained in sub-section (1), a person who has been declared insolvent may, by paying the entire liability payable to the creditor at the time of being declared insolvent, along with evidence thereof, file a petition in the court to terminate his status as an insolvent.

(3) Upon receipt of a petition filed pursuant to sub-section (2), the court shall issue an order summoning all creditors who have received partial payment or no payment at the time of insolvency, granting a period of fifteen days in addition to the transit period.

(4) When hearing a petition filed pursuant to sub-section (2), if it appears that the insolvent person has paid all the debts and liabilities remaining to be paid at the time of his insolvency, the court may cancel the order made at the time of such insolvency.

(5) If an order is canceled pursuant to sub-section (4), the insolvent status of such person shall be deemed to have ended one year after the date of such cancellation. 66.
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66. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within the following period from the date on which the cause for initiating the insolvency proceedings arose:

(a) Within three years from the date on which the cause for filing a suit under Section 54 arose,
(b) Within two years from the date of knowledge of matters relating to Sections 62 and 64,
(c) In cases other than those mentioned in clauses (a) and (b), within six months from the date of the act or action. Part-3

Family Law

Chapter-1

Provisions Relating to Marriage

67. Marriage deemed to have been solemnized: If a man and a woman accept each other as husband and wife through any ceremony, ritual, formal or other act, the marriage shall be deemed to have been solemnized. 68. Marriage an inviolable social bond: (1) Marriage shall be a permanent, inviolable, and sacred social and legal bond based on free consent, established between a man and a woman to commence conjugal and family life.

(2) The marital bond under sub-section (1) shall remain in effect until terminated pursuant to Section 82. 69. Freedom to marry: (1) Every person shall have the freedom to marry, establish a family, and lead a family life, subject to law.

(2) Regardless of the manner in which a marriage is solemnized, such marriage shall be made or caused to be made public.

(3) The family life of every person shall be inviolable. 70. Marriage may be solemnized: (1) Subject to this Chapter, marriage may be solemnized between a man and a woman in the following circumstances:

(a) If the man and the woman consent to accept each other as husband and wife,
(b) If the man and the woman are not related within the degrees of prohibited relationship for which incest is punishable by law,
(c) If neither the man nor the woman has an existing marital relationship,
(d) If the age of twenty years has been completed.

(2) Notwithstanding anything contained in clause (b) of sub-section (1), there shall be no bar to marrying or giving in marriage a relationship permitted by the custom prevailing in one's ethnic community or clan. 71.
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71. Marriage not to be solemnized or caused to be solemnized: (1) No person shall marry or cause to marry a man or woman who does not meet the conditions for marriage under Section 70.

(2) No person shall marry or cause to marry a man or woman under the following circumstances by deception:

(a) Having the Human Immunodeficiency Virus (HIV) or Hepatitis B, or suffering from incurable serious disease of a similar nature,
(b) Having no genitalia, being impotent, or having been proven to lack the capacity to procreate,
(c) Being completely unable to speak or hear, completely blind, or a leper,
(d) Being of unsound mind,
(e) Being already married,
(f) Being pregnant,
(g) Having been convicted by a court of a criminal offense involving moral turpitude.

(3) A person aggrieved by a marriage performed by deception under sub-section (2) may seek annulment of such marriage and claim reasonable compensation from the person who married or caused the marriage by deception. 72. Marriage void: (1) A marriage solemnized under the following circumstances shall be void ab initio:

(a) Marriage solemnized without the consent of the man or woman,
(b) Marriage solemnized between persons related within the degrees of prohibited relationship for which incest is punishable,
Added by the Act Amending Some Nepal Acts Related to the Civil Code, 2075.(c) Marriage contrary to clause (d) of sub-section (1) of Section 70,
Added by the Act Amending Some Nepal Acts Related to the Civil Code, 2075.(d) Another marriage contracted by a married man or woman while the marital relationship subsists, except where they have separated by partition of shares as per law.

(2) A marriage under sub-section (1) shall be invalid from the beginning.

(3) Notwithstanding anything contained in clause (b) of sub-section (1), a marriage solemnized pursuant to sub-section (2) of Section 70 shall not be void. 73. Marriage may be annulled: (1) A marriage solemnized under the following circumstances may be annulled if either party to such marriage does not consent:

Deleted by the Act Amending Some Nepal Acts Related to the Civil Code, 2075.(a)
(b) If marriage is performed or caused to be performed by deception under sub-section (2) of Section 71.

(2) Notwithstanding anything contained in sub-section (1), if a woman becomes pregnant or gives birth to a child as a result of the marriage, the marriage may be annulled only with her consent. 74.
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74. Marriage deemed upon birth of a child from physical relationship: (1) Notwithstanding anything contained in sub-section (2) of Section 69, if it is proven that a woman conceived and gave birth to a child from physical relationship with a man, such man and woman shall be deemed to be automatically married.

(2) Notwithstanding anything contained in sub-section (1), even if a child is born from physical relationship with a man under the following circumstances, it shall not be deemed that the man and woman are automatically married solely on that ground:

(a) If the woman conceived and gave birth to a child as a result of rape,
(b) If the woman conceived and gave birth to a child from physical relationship with a man related within the degrees of prohibited relationship for which incest is punishable, except in the case of relationships permissible for marriage under sub-section (2) of Section 70,
Added by the Act Amending Some Nepal Acts Related to the Civil Code, 2075.(c) If the age for marriage under clause (d) of sub-section (1) of Section 70 has not been completed,
Added by the Act Amending Some Nepal Acts Related to the Civil Code, 2075.(d) If a situation of polygamy exists. 75. No effect on legal rights of a child already born: If a marriage is void under Section 72 or annulled under Section 73, or if a child is born under sub-section (2) of Section 74, the legal rights of such child shall not be affected. 76. Marriage to be registered: (1) A husband and wife shall submit an application to the authority prescribed Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. by law and have their marriage registered. Provided that, in the case under sub-section (1) of Section 74, both or either of the husband and wife may submit an application for marriage registration.

(2) A husband and wife residing outside Nepal may submit an application for marriage registration to the Nepalese Embassy or Consulate General in the country where they reside.

(3) Upon receipt of an application for marriage registration under sub-section (1) or (2), the concerned authority shall, within fifteen days of receiving the application, register the marriage in the marriage records kept in his office and issue a certificate of marriage registration to the applicant in the format prescribed Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. by the prevailing law.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, "concerned authority" means the officer authorized to register marriages.

(4) If the marriage cannot be registered according to the application under sub-section (1) or (2), the concerned authority shall, within seven days of receiving the application, inform the applicant in writing stating the reason thereof.

(5) If one party is not present regarding the registration of marriage according to the proviso to sub-section (1), the concerned authority shall inquire of such person and register the marriage.

(6) If, upon inquiry under sub-section (5), the other party expresses disagreement with the marriage registration, the concerned authority shall not register the marriage and shall inform the applicant that the matter shall be as decided by the court.

(7) The concerned authority shall maintain a secure record of the details of marriage registration under this section.

(8) Couples who were married before the commencement of this Code and have not registered their marriage may, if they so wish, register their marriage under this section. Provided that, the marriage of such couple shall not be deemed to have lost legal recognition merely because it was not registered. 77. Marriage may be solemnized by registration: (1) Notwithstanding anything contained in sub-section (2) of Section 69 and Section 74, if a man and a woman wish to marry by registration, they shall submit an application to the concerned District Court, if within Nepal, or to the Nepalese Embassy or Consulate General, if outside Nepal, stating their name, surname, age, address, occupation, names of father, mother, grandfather, grandmother, whether previously married, and if married, the details of termination of marital relationship, and the names of at least two witnesses.

(2) To submit an application under sub-section (1), the man or woman or both must have been residing in the concerned district for at least fifteen days prior to the application if applying to a District Court, or in the concerned country where the Embassy or Consulate General is situated for at least fifteen days prior to the application. 78. Decision on whether marriage shall be solemnized: (1) Upon receiving an application for marriage by registration under Section 77, the concerned authority shall make necessary inquiries and decide within seven days from the date of application whether the marriage shall be solemnized or not.

(2) Notwithstanding anything contained in sub-section (1), if the concerned authority stationed abroad has any doubt regarding the proposed marriage, he shall submit the matter to the Government of Nepal and act according to the decision of the Government of Nepal. 79.