chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Act Relating to Children, 2018

30. Constitution of Juvenile Court: (1) The Government of Nepal may, on the recommendation of the Judicial Council, constitute Juvenile Courts in the required number for the initial proceedings, hearing and adjudication of offences committed by children.

(2) Notice of the constitution of a Juvenile Court under sub-section (1) shall be published in the Nepal Gazette, and the territorial jurisdiction and seat of such court shall be as specified in that notice.

(3) Until a Juvenile Court is constituted under sub-section (1), a Juvenile Bench shall be constituted in each District Court for the proceedings, hearing and adjudication of offences to be heard by the Juvenile Court.

(4) The Juvenile Bench pursuant to sub-section (3) shall consist of the following members:-

(a) District Judge,

(b) Social Worker,

(c) Child Psychologist or Child Specialist.

(5) The qualifications, appointment, remuneration and other terms of service of the Social Worker, Child Psychologist or Child Specialist pursuant to clauses (b) and (c) of sub-section (4) shall be as prescribed.

(6) Notwithstanding anything contained in sub-section (1), if an adult person is involved together with a child in any offence, the case of the child shall be processed, heard and adjudicated by the Juvenile Court, and a separate file shall be created for the adult person and the case shall be processed, heard and adjudicated according to the prevailing law. 31. Exercise of Jurisdiction of Juvenile Court: The exercise of the jurisdiction of the Juvenile Court shall be as prescribed. 32. Proceedings by Juvenile Court Only: Even if the child attains the age of eighteen years during the course of the proceedings of the case, such case shall be processed, heard and adjudicated by the Juvenile Court itself. 33. Transfer of Cases to Juvenile Court: Cases pending initial proceedings in a District Court or other body under the prevailing law against a child for an offence before the commencement of this Act shall be transferred to the relevant Juvenile Court after the commencement of this Act. 34. Provisions Relating to Hearing: (1) The Juvenile Court shall conduct the hearing of the case in a child-friendly environment, considering the age and maturity of the child.

(2) While conducting the hearing of the case, the Juvenile Court shall ensure the participation of the child and provide them with an opportunity to freely express their views. 35.
Act Relating to Children, 2018

36. Provisions Relating to Punishment: (1) If the age of a child at the time of committing the offence is less than ten years, no case shall be filed against them and no punishment shall be imposed on them.

(2) If a child aged ten years or above but less than fourteen years commits an offence punishable with a fine, they shall be released with a warning; if they commit an offence punishable with imprisonment, they may, depending on the nature of the offence, be sentenced to imprisonment for up to six months or be kept in a Correction Home for a maximum of one year without imprisonment.

(3) If a child aged fourteen years or above but less than sixteen years commits any offence, they shall be liable to half the punishment that would be imposed on an adult person under the law.

(4) If a child aged sixteen years or above but less than eighteen years commits any offence, they shall be liable to two-thirds of the punishment that would be imposed on an adult person under the law.

(5) The Juvenile Court, considering the age, gender, maturity, nature of the offence and the circumstances of its commission of a child found liable to punishment under sub-section (2), (3) or (4), may suspend the sentence with or without conditions, or make any appropriate decision as follows as a form of punishment:-

(a) To have a family member or guardian counsel and educate the child regarding good human conduct,

(b) To have the child oriented by a service-providing institution or person,

(c) To provide individual, group or family psychosocial counseling services,

(d) To have the child stay with a family member, guardian, school, service-providing person or institution for a specified period under their supervision, complying with set conditions,

(e) To send the child for community service suitable to their age, specifying the nature and duration of service,

(f) To place the child in a Correction Home for a period not exceeding the sentence imposed on them.

(6) If a person causes a child to commit an offence by teaching, pressuring, ordering, enticing or in any manner whatsoever, the person teaching, pressuring, ordering, enticing or causing such act shall be punished under the law as if they themselves had committed the offence.

(7) Notwithstanding anything contained elsewhere in this Section, while sentencing a child who has not completed sixteen years of age, a sentence of imprisonment shall not be imposed except for heinous offences, serious offences or habitual offending. 37.
Act Relating to Children, 2018

37. Period for Case Adjudication: Notwithstanding anything contained in the prevailing law, the Juvenile Court shall generally adjudicate the case within one hundred and twenty days from the date of filing, and the proceedings and adjudication of such cases shall be conducted on the basis of continuous hearing. 38. Power to Reduce or Remit Correction Period: (1) If there is satisfactory improvement in the behavior of a child staying in a Correction Home, an institution or under the protection or supervision of a person pursuant to the decision of the Juvenile Court, the Child Welfare Officer may recommend to the Juvenile Court to reduce or remit the correction period of such child.

(2) If, upon examining the recommendation received under sub-section (1), it appears reasonable to reduce or remit the correction period, the Juvenile Court may reduce or remit the remaining correction period of the child. 39. Restorative Justice: (1) Juvenile justice administration shall be carried out in a manner conducive to the principles of restorative justice.

(2) Other provisions relating to restorative justice shall be as prescribed. 40. Not Deemed Disqualified: Notwithstanding anything contained in the prevailing law, if a person would otherwise be disqualified under the law from holding any position or receiving any benefit due to committing an offence, they shall not be deemed disqualified from holding that position or receiving that benefit based on an offence committed during their childhood. 41. Previous Conviction Not Counted: (1) Notwithstanding anything contained in the prevailing law, for the purpose of determining habitual offending under this Act or the prevailing law, an offence committed during minority shall not be counted.

(2) Notwithstanding anything contained in the prevailing law, even if a child commits an offence repeatedly, no additional punishment shall be imposed on them based on such repetition. 42. Not to Apply Fetters, Handcuffs or Keep in Solitary Confinement: Notwithstanding anything contained in the prevailing law, no child in conflict with law shall be put in fetters or handcuffs, or kept in solitary confinement, detention or imprisonment. 43.
Act Relating to Children, 2018

42. Not to Apply Fetters, Handcuffs or Keep in Solitary Confinement: Notwithstanding anything contained in the prevailing law, no child in conflict with law shall be put in fetters or handcuffs, or kept in solitary confinement, detention or imprisonment. 43. Provisions Relating to Correction Home: (1) The Government of Nepal shall establish Correction Homes as necessary for the purpose of keeping children in conflict with law until their reformation and rehabilitation.

(2) For the purpose of sub-section (1), an institution may, with approval from the Government of Nepal, establish a Correction Home.

(3) The Juvenile Court may monitor and inspect Correction Homes established within its territorial jurisdiction, give necessary directions to such Correction Homes, and require them to submit reports regarding the reformation status of children in the Correction Home.

(4) If a child in a Correction Home attains the

(6) If the Child Welfare Officer, pursuant to sub-section (5), finds it necessary to provide any assistance for entrusting the child to his/her father, mother, other family member, or guardian, the Officer shall coordinate with the concerned body and arrange for necessary services such as sponsorship or family support. Explanation: For the purpose of this section,-

(a) "Sponsorship" shall be understood as the act of providing financial assistance, either long-term or short-term, by any person, association, organization, or body for the necessary sustenance and education of a child.

(b) "Family support" shall be understood as assistance provided to identify and resolve the economic and social causes leading to family disintegration, thereby maintaining family unity and harmony, and creating an environment within the relevant family that ensures the protection of the child.

(7) If, during the inquiry and investigation pursuant to sub-section (3), it appears that alternative care is necessary, the Child Welfare Officer shall make arrangements for alternative care.

(8) In a case where a child is a victim, if the victim child so wishes, or if the father, mother, or guardian is the perpetrator, or if there is a possibility of the child being at further risk due to collusion with the perpetrator, or if it appears that the inquiry, action, and truth-finding of the incident would be hindered, the Child Welfare Officer shall make arrangements to separate such victim child even from the father, mother, or family for a certain period and place the child under temporary protection services.

(9) If, during the inquiry and investigation pursuant to sub-section (3), the paternity and maternity of the child cannot be traced, the Child Welfare Officer shall recommend the child for a birth registration and a government identity card that reveals the child's identity. 51.
Act Relating to Children, 2018

51. To Appoint or Designate a Guardian: While providing alternative care services pursuant to section 49, arrangements for care shall be made by appointing or designating a guardian in accordance with the prevailing law. 52. Establishment and Operation of a Child Home: (1) For the purpose of protecting children in need of special protection, the Government of Nepal, the Provincial Government, or the Local Level shall establish Child Homes as necessary.

(2) Provisions relating to the establishment of a Child Home, qualifications of the operator, operating permit, renewal, classification, management, operational standards, and monitoring shall be as prescribed. 53. Duration of Stay in a Child Home: A child in need of special protection shall be kept in a Child Home until appropriate restoration of such child is achieved or until such child reaches the age of eighteen years. 54. Reunification to be Arranged: (1) If the father, mother, or guardian of a child residing in a Child Home is found and if it is in the best interest of the child, family reunification shall be arranged as prescribed.

(2) After the commencement of this Act, children shall not be placed in a Child Home except pursuant to sections 49 and 69. 55. Duty Regarding Restoration and Social Reintegration: The concerned Child Home or Child Correction Home shall have the duty to assist the Child Welfare Officer in restoring and socially reintegrating children residing in the Child Home or Child Correction Home. 56. Head of Institution to be Responsible: (1) If any institution has been given the responsibility of guardianship pursuant to this Chapter, the head of such institution shall be considered ultimately responsible for the care and upbringing of the child. Explanation: For the purpose of this section, "Head of Institution" shall be understood as the Chief Executive Officer of such institution, or the Chairperson, Managing Director, or any other official designated according to the rules of the institution who acts in that capacity.

(2) If an institution entrusted with guardianship acts contrary to the prescribed conditions and procedures, the Child Welfare Officer may prohibit such institution from carrying out child protection work, specifying the condition that has been violated.

(3) If monitoring confirms that an institution prohibited under sub-section (2) has made the expected improvements, the Child Welfare Officer may revoke the prohibition imposed on such institution regarding child protection work. 57.
Act Relating to Children, 2018

57. Child Protection Standard: (1) Schools, every public body working directly with children, as well as private sector and social organizations, shall develop and implement a Child Protection Standard at the institutional level to prevent violence against children or child sexual abuse, ensure the protection of children, and ensure immediate action on complaints.

(2) It shall be the duty of the head of the school, every public body, private sector, and social organization to implement the Child Protection Standard developed pursuant to sub-section (1). 58. Monitoring and Reporting: (1) A person, guardian, or institution entrusted with the care and upbringing of a child pursuant to this Act shall submit details concerning the child through the concerned Child Welfare Officer to the Local Child Rights Committee within three months of the end of each fiscal year.

(2) Based on the details received pursuant to sub-section (1), the Local Child Rights Committee shall prepare a report and submit it annually to the Provincial Level Child Rights Committee and the Local Level Child Rights Committee.

(3) The Provincial Child Rights Committee shall periodically inspect and monitor the overall situation of children within the province and the quality and effectiveness of available services, and the Local Child Rights Committee shall do likewise within the local level. Chapter-6

Institutional Arrangements Relating to Child Rights and Child Welfare

59. National Child Rights Council: (1) For the protection and promotion of the rights and interests of children, there shall be a National Child Rights Council, as prescribed, chaired by the Minister for Women, Children, and Senior Citizens of the Government of Nepal.

(2) Provisions relating to the meetings, functions, duties, and powers of the Council shall be as prescribed. 60. Provincial and Local Level Child Rights Committee: (1) In each Province, there shall be a Provincial Child Rights Committee chaired by the Minister looking after children's affairs of the Province.

(2) In each Local Level, there shall be a Local Child Rights Committee chaired by a member of such Village Executive or Municipal Executive designated by the Vice-Chairperson or Deputy Chief of the Village Executive or Municipal Executive.

(3) The number of members of the Provincial Child Rights Committee and Local Child Rights Committee pursuant to sub-sections (1) and (2), and the functions, duties, powers, and procedures of meetings of such committees shall be as determined by the Province and Local Level. 61.
Act Relating to Children, 2018

61. Child Welfare Officer: (1) For the respect, protection, and promotion of the rights of children, and also to carry out child protection work, there shall be one Child Welfare Officer at the Local Level.

(2) The appointment, functions, duties, and powers, as well as terms of service and other arrangements of the Child Welfare Officer pursuant to sub-section (1), shall be as prescribed. 62. Social Worker and Child Psychologist: (1) A person wishing to work as a Social Worker or Child Psychologist shall register their name with the Local Child Rights Committee as prescribed.

(2) From among the Social Workers and Child Psychologists listed pursuant to sub-section (1), the required number of Social Workers and Child Psychologists may be appointed at the Local Level to carry out child protection work and provide services.

(3) Social Workers and Child Psychologists appointed pursuant to sub-section (2) shall work under the direct direction and supervision of the Child Welfare Officer.

(4) Social Workers and Child Psychologists required by the Child Court shall be appointed from among the Social Workers and Child Psychologists listed pursuant to sub-section (1).

(5) The appointment procedure, qualifications, functions, duties, and powers, as well as terms of service and other arrangements of Social Workers and Child Psychologists, shall be as prescribed. 63. Child Fund: (1) There shall be a Child Fund for the purpose of immediate rescue, relief, restoration of children, as well as providing compensation.

(2) The Fund pursuant to sub-section (1) shall consist of the following amounts:-

(a) Amounts received from the Government of Nepal, Provincial Government, and Local Level,

(b) Amounts received from foreign governments, international organizations, or persons,

(c) Amounts received from domestic persons, associations, or organizations,

(d) Amounts received from fines imposed by the Child Court,

(e) Amounts received from any other source.

(3) Before receiving amounts pursuant to clause (b) of sub-section (2), the consent of the Ministry of Finance, Government of Nepal, must be obtained.

(4) The amount of the Fund pursuant to sub-section (1) may also be made available to any Child Fund established under the laws of the Province or Local Level.

(5) Provisions relating to the management, operation, and use of the Fund pursuant to sub-section (1) shall be as prescribed. Chapter-7

Protection and Enforcement of the Rights of Children and Duties towards Them

64.
Act Relating to Children, 2018

Chapter-7

Protection and Enforcement of the Rights of Children and Duties towards Them

64. Local Level to Enforce Rights of Children: (1) If anyone violates the rights of a child pursuant to Chapter 2 or fails to fulfill duties towards a child pursuant to Chapter 3, the concerned child or stakeholder may submit an application to the Judicial Committee of the Local Level where the child resides for the enforcement of such right or fulfillment of the duty.

(2) Upon receiving an application pursuant to sub-section (1), the Judicial Committee shall summon the concerned person and conduct necessary inquiries within twenty-four hours, excluding travel time.

(3) If, upon inquiry pursuant to sub-section (2), it does not appear that the concerned person has violated the rights of the child or failed to fulfill duties towards the child, the Judicial Committee shall, within thirty days of the application being filed, order the concerned person, institution, or body at the Local Level to enforce the child's rights or fulfill duties towards the child.

(4) If, upon inquiry pursuant to sub-section (2), the matter of enforcing the child's rights or fulfilling duties towards the child does not appear to fall within its jurisdiction, the Judicial Committee shall refer the matter in writing to the Judicial Committee of the other concerned Local Level for the enforcement of child rights or fulfillment of duties towards the child.

(5) Upon receiving a written communication pursuant to sub-section (4), the Judicial Committee of the concerned Local Level shall also arrange for the enforcement of the child's rights or fulfillment of duties towards the child as per sub-section (3).

(6) While enforcing the rights of a child or fulfillment of duties towards a child pursuant to this section, the Judicial Committee may provide necessary suggestions to the child, guardian, or family members, or caution the guardian or family members. 65.
Act Relating to Children, 2018

65. To Enforce the Rights of Children: (1) Notwithstanding anything contained in section 64, if anyone violates the rights of a child pursuant to Chapter 2 or fails to fulfill duties towards a child pursuant to Chapter 3, the concerned child or stakeholder may directly submit an application to the concerned High Court for the enforcement of such right or fulfillment of the duty.

(2) Upon receiving an application pursuant to sub-section (1), the High Court shall conduct necessary inquiries in this regard and may issue appropriate orders in the name of the concerned person, institution, or body to enforce the child's rights or fulfill duties towards the child.

(3) If, during the inquiry of an application received pursuant to sub-section (1), it does not appear that the guardian or any family member has violated the child's rights or failed to fulfill duties towards the child, the High Court shall provide necessary information to such guardian or family member regarding the child's rights and require them to express a commitment not to violate the child's rights in the future or to fulfill duties towards the child.

(4) While issuing an order pursuant to sub-section (2), the High Court may caution the person, head of institution, or body that violates a child's rights or fails to fulfill duties towards a child, or punish them according to this Act, and order compensation from them. Chapter-8

Offences Against Children

66.
Act Relating to Children, 2018

67. Not Deemed Qualified: (1) If a person working in a public or private institution is found to have committed an offence against children, such person shall be dismissed according to prevailing law and, based on the severity and nature of the offence, shall not be deemed qualified for work requiring direct contact with children in the future or for appointment, nomination, or election to such private association or organization for up to ten years.

(2) A person found guilty of child sexual abuse under this Act or prevailing law shall be deemed to have committed a criminal offence involving moral turpitude. 68. Information to be Given: (1) If a father, mother, guardian, caregiver providing direct services to children, teacher, health worker, or anyone else comes to know that violence or child sexual abuse has happened, is happening, or is about to happen to any child, they shall immediately inform the nearest police office.

(2) The concerned police office receiving information under sub-section (1) shall immediately provide it to the Child Welfare Officer and may seek necessary assistance.

(3) When information is given with the intention of protecting a child, the person providing the information shall not be subject to any legal action solely on the basis of having given the information.

(4) The identity of the person providing information under sub-section (1) shall be kept confidential if they so wish. 69. Temporary Protection Service: The Government of Nepal shall arrange a Temporary Protection Service to provide safe accommodation for children found to require immediate rescue and protection. 70. Rescue, Protection, and Health Examination to be Done: (1) Upon receiving information, complaint, or notice of violence against a child or child sexual abuse, a police employee shall record necessary details, register them, rescue the child immediately if rescue is needed, and send the victim child to the Temporary Protection Service.

(2) If the victim child appears to be in physical or mental pain, the police employee shall immediately send the child to the nearest hospital or health center for treatment and arrange for health examination and treatment of the child.

(3) When recording the statement of a victim child, if the child's father, mother, other family members, or guardian can be present, the statement shall be taken in their presence, and if they cannot be present, in the presence of a female representative of a social organization or a social worker. Provided that when recording a statement in a case where the father, mother, guardian, or other family members have committed violence against the child or child sexual abuse, they shall not be made present. 71.
Act Relating to Children, 2018

73. Compensation: (1) The Child Court shall, considering the education, physical and mental health, development of the victim child, and the harm caused to the family, order the offender, in a lump sum or periodically, to pay reasonable compensation, not less than the amount of the fine imposed on the offender for the offence against children under prevailing law and this Act.

(2) If the fine amount cannot be recovered from the offender under sub-section (1), or even if such amount is recovered, it seems low or insufficient compared to the offence against the child, the Child Court shall arrange for the payment of reasonable compensation to such child from the Child Fund pursuant to section 63.

(3) If the victim child dies before receiving the compensation amount under sub-section (1), such amount shall be given to the child's father, mother, or if they are not alive, to another family member or guardian.

(4) If a victim child of an offence against children under prevailing law requires immediate treatment, or if compensation or any kind of relief amount needs to be provided, interim compensation shall be provided according to prevailing law. 74. Statute of Limitations: (1) In relation to offences under section 66, if a statute of limitations is prescribed in prevailing law, the case must be filed within such limitation period, and if no limitation is prescribed, within one year from the date of commission of such offence.

(2) In case a case is not filed pursuant to sub-section (1), notwithstanding anything contained in prevailing law, the statute of limitations for filing a case concerning an offence against children shall remain effective for up to one year from the date such child attains the age of eighteen years. 75. Authority to Hear Cases: Except for sub-section (8) of section 72, the Child Court shall have the authority to conduct initial proceedings and adjudicate cases punishable under other sub-sections of that section. 76. Government of Nepal to be Plaintiff: The case under section 66 shall be initiated by the Government of Nepal as plaintiff, and such case shall be deemed to be included in Schedule-1 of the The Muluki Criminal Procedure Code, 2074, as amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075, further amended by the Act to Amend, Consolidate, Adjust, and Repeal Some Nepal Laws, 2074. Muluki Criminal Procedure Code, 2074. Chapter-10
Miscellaneous

77. Duties of Children: It shall be the duty of every child to follow the advice, suggestions, guidance, and directions given by the father, mother, guardian, other family members, teachers, and social workers, considering the best interest of the child, and to respect and honor everyone. 78.
Act Relating to Children, 2018

Chapter-10
Miscellaneous

77. Duties of Children: It shall be the duty of every child to follow the advice, suggestions, guidance, and directions given by the father, mother, guardian, other family members, teachers, and social workers, considering the best interest of the child, and to respect and honor everyone. 78. Confidentiality to be Maintained: (1) No one shall publish or broadcast by any print or electronic means any details that would reveal the identity of a child related to a case pending in the Child Court.

(2) No one shall transmit any information or news through any communication medium in a manner that reveals the identity of a child victimized by an offence against children.

(3) The police, government attorney, or Child Court shall make arrangements for maintaining records without revealing the actual name and identity of a child victimized by an offence against children.

(4) The investigation officer, government attorney, and Child Court shall keep confidential the identity of a child accused of a criminal act. Copies of documents related to such accusation shall not be provided to anyone other than the concerned police and government attorney's office, the Child Court, the concerned child, their family members, guardian, concerned legal practitioner, and the Central and District Child Justice Committees.

(5) Notwithstanding anything contained elsewhere in this section, details concerning a child may be published or broadcast in the following circumstances as follows:

(a) For publishing or broadcasting any details concerning a child involved in a legal dispute, if it is not against the interest of such child, such details with the permission of the Child Court,
(b) For the publication of statistics concerning children involved in a legal dispute for any study or research purpose, with the permission of the concerned body, based on age or gender without mentioning the child's name, surname, personal details, and address. 79. Provision Regarding Probation Officer: (1) The Government of Nepal shall appoint one Probation Officer in each district to work in close contact with a child accused of a criminal act, to investigate the case related to the child, inspect the Observation Room, prepare reports on the status of implementation of orders of the Child Court, and carry out other related functions.

(2) Until a Probation Officer is appointed pursuant to sub-section (1), the Government of Nepal may designate any officer of the Government of Nepal to function as a Probation Officer.

(3) The functions, duties, and powers of the Probation Officer, as well as terms of service and other arrangements, shall be as prescribed. 80.
Act Relating to Children, 2018

80. Case Proceedings and Adjudication Not to Proceed Without Legal Practitioner: (1) Notwithstanding anything contained in prevailing law, the Child Court shall not conduct proceedings and adjudicate a case on a criminal charge brought against any child until a legal practitioner is appointed to defend the child.

(2) In case a legal practitioner is not appointed on behalf of a child accused of a criminal act, the concerned Child Court shall make arrangements to provide the services of a remunerated legal practitioner or any other willing legal practitioner. 81. Appeal: (1) If a party is dissatisfied with a decision of the Child Court or a decision made by the Ministry pursuant to sub-section (8) of section 72, an appeal may be filed in the concerned High Court within thirty-five days of such decision.

(2) Notwithstanding anything contained in sub-section (1) and prevailing law, no appeal shall lie against a judgment of acquittal passed by the Child Court in favor of a child, except in cases where there is an error in the interpretation of law, misuse of precedent, or failure to consider evidence that should have been considered or consideration of inadmissible evidence, resulting in a miscarriage of justice. 82. Priority to be Given in Case Proceedings: Priority shall be given to the proceedings, hearing, and adjudication of cases filed in courts other than the Child Court where a child is either the plaintiff or the defendant. 83. Basis for Determining Age of a Child: In determining the age of a child, the following matters shall be considered as the basis:

(a) The date of birth mentioned in the birth certificate of the child issued by a hospital,
(b) If there is no date of birth as per clause (a), the date of birth mentioned in the birth registration certificate issued by the office of the Local Registrar,
(c) If there is no certificate as per clause (b), the date of birth mentioned in the school character certificate or the date of birth stated at the time of enrollment in school,
(d) If there is no certificate or date of birth as per clause (c), the date mentioned in the age certificate certified by a hospital,
(e) If there is no certificate as per clause (d), the horoscope, natal chart, notes, the age disclosed by the child's father, mother, guardian, or other family members, or other similar relevant evidence. 84. Matters to be Governed by This Act: Matters written in this Act shall be according to this Act, and other matters shall be according to prevailing law. 85. Power to Make Rules: The Government of Nepal may make necessary rules to implement the objectives of this Act.
National Trust for Nature Conservation Act, 1982

राष्ट्रिय प्रकृति संरक्षण कोष ऐन, २०३९
National Nature Conservation Fund Act, 2039 (1982)

लालमोहर र प्रकाशन मिति
Royal Seal and Publication Date
२०३९ । ७ । ३
2039.7.3

संशोधन गर्ने ऐन
Amending Acts

१. न्याय प्रशासन ऐन, २०४८ २०४८ । २ । १६
1. Judicial Administration Act, 2048 (1991) 2048.2.16

२. केही नेपाल कानून संशोधन गर्ने ऐन, २०६३ २०६३ । ६ । २८
2. Some Nepal Laws Amendment Act, 2063 (2006) 2063.6.28

३. गणतन्त्र सुदृढीकरण तथा केही नेपाल कानून संशोधन गर्ने ऐन, २०६६ २०६६ । १० । ७
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.7

४. केही नेपाल ऐन संशोधन गर्ने ऐन, २०७२ २०७२ । ११ । १३
4. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13

५. नेपालको संविधान अनुकूल बनाउन केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ २०७५ । ११ । १९
5. Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 (2018) 2075.11.19

२०३९ सालको ऐन नं. १२
Act No. 12 of the year 2039 (1982)



राष्ट्रिय प्रकृति संरक्षण कोषको व्यवस्था गर्न बनेको ऐन
An Act Made to Provide for the National Nature Conservation Fund

प्रस्तावना : प्रकृति तथा प्राकृतिक सम्पदाको संरक्षण र व्यवस्थापन गर्नको लागि राष्ट्रिय प्रकृति संरक्षण कोष स्थापना गर्न वाञ्छनीय भएकोले,
Preamble: Whereas it is desirable to establish a National Nature Conservation Fund for the conservation and management of nature and natural heritage,

श्री ५ महाराजाधिराज वीरेन्द्र वीर विक्रम शाहदेवबाट राष्ट्रिय पञ्चायतको सल्लाह र सम्मतिले यो ऐन बनाइबक्सेको छ । His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat.

१. संक्षिप्त नाम र प्रारम्भ: (१) यस ऐनको नाम “राष्ट्रिय प्रकृति संरक्षण कोष ऐन, २०३९” रहेको छ । 1. Short Title and Commencement: (1) This Act may be called the "National Nature Conservation Fund Act, 2039 (1982)".

(२) यो ऐन तुरुन्त प्रारम्भ हुनेछ । (2) This Act shall come into force immediately.

२. परिभाषा: विषय वा प्रसङ्गले अर्को अर्थ नलागेमा यस ऐनमा,-
2.
National Trust for Nature Conservation Act, 1982

Short Title and Commencement: (1) This Act may be called the "National Nature Conservation Fund Act, 2039 (1982)".

(२) यो ऐन तुरुन्त प्रारम्भ हुनेछ । (2) This Act shall come into force immediately.

२. परिभाषा: विषय वा प्रसङ्गले अर्को अर्थ नलागेमा यस ऐनमा,-
2. Definition: Unless the subject or context otherwise requires, in this Act,—

(क) “कोष” भन्नाले दफा ३ बमोजिम स्थापना भएको राष्ट्रिय प्रकृति संरक्षण कोष सम्झनु पर्छ । (a) "Fund" means the National Nature Conservation Fund established pursuant to Section 3.

(ख) “समिति” भन्नाले दफा ५ बमोजिम गठन भएको सञ्चालक समिति सम्झनु पर्छ । (b) "Committee" means the Governing Committee constituted pursuant to Section 5.

(ग) “अध्यक्ष” भन्नाले कोषको अध्यक्ष सम्झनु पर्छ । (c) "Chairperson" means the Chairperson of the Fund.

(घ) “सदस्य र सदस्य-सचिव” भन्नाले कोषको सदस्य सम्झनु पर्छ । (d) "Member and Member-Secretary" means a Member of the Fund.

(ङ) “तोकिएको” वा “तोकिए बमोजिम” भन्नाले यस ऐन अन्तर्गत बनेको विनियममा तोकिएको वा तोकिए बमोजिम सम्झनु पर्छ । (e) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Regulations made under this Act.

३. कोषको स्थापना: (१) राष्ट्रिय प्रकृति संरक्षण कोष नामको एक कोष स्थापना हुनेछ । 3. Establishment of the Fund: (1) A Fund named the National Nature Conservation Fund shall be established.

(२) कोष अविच्छिन्न उत्तराधिकारवाला एक स्वशासित र संगठित संस्था हुनेछ । (2) The Fund shall be an autonomous and incorporated body with perpetual succession.

(३) कोषको सबै काम कारबाहीको निमित्त आफ्नो एउटा छुट्टै छाप हुनेछ । (3) The Fund shall have its own separate seal for all its business.

(४) कोषले व्यक्ति सरह चल अचल सम्पत्ति प्राप्त गर्न, उपभोग गर्न, बेचबिखन गर्न वा अन्य किसिमले बन्दोबस्त गर्न सक्नेछ । (4) The Fund may, like a person, acquire, use, sell or otherwise dispose of movable and immovable property.

(५) कोषले व्यक्ति सरह नालिस उजुर गर्न र कोष उपर पनि सोही नामबाट नालिस उजूर लाग्न सक्नेछ । (5) The Fund may, like a person, sue and be sued in its own name.

४. संरक्षक: केही नेपाल कानून संशोधन गर्ने ऐन, २०६३ द्वारा संशोधित । प्रधानमन्त्री कोषको संरक्षक हुनेछ । 4. Patron: Amended by Some Nepal Laws Amendment Act, 2063 (2006). The Prime Minister shall be the Patron of the Fund.

५. सञ्चालक समितिको गठन: कोषको सम्पूर्ण काम कारबाहीको सञ्चालन तथा रेखदेख गर्न देहाय बमोजिमको सञ्चालक समिति गठन हुनेछ :-
5.
National Trust for Nature Conservation Act, 1982

Patron: Amended by Some Nepal Laws Amendment Act, 2063 (2006). The Prime Minister shall be the Patron of the Fund.

५. सञ्चालक समितिको गठन: कोषको सम्पूर्ण काम कारबाहीको सञ्चालन तथा रेखदेख गर्न देहाय बमोजिमको सञ्चालक समिति गठन हुनेछ :-
5. Constitution of Governing Committee: For the conduct and supervision of all businesses of the Fund, a Governing Committee shall be constituted as follows:

(क) संरक्षकबाट मनोनित व्यक्ति एकजना —अध्यक्ष
(a) One person nominated by the Patron — Chairperson

(ख) अध्यक्षबाट मनोनित नेपाल सरकारको सचिवहरु मध्येबाट तीनजना —सदस्य
(b) Three persons from among the Secretaries of the Government of Nepal nominated by the Chairperson — Members

(ग) अध्यक्षबाट मनोनित नेपाल सरकारको विभाग वा सरकारी वा गैरसरकारी संस्थाका प्रतिनिधिहरुमध्येबाट तीनजना —सदस्य
(c) Three persons from among the representatives of departments of the Government of Nepal or government or non-government organisations nominated by the Chairperson — Members

(घ) अध्यक्षबाट मनोनित अन्तर्राष्ट्रिय संस्थाप्रतिनिधि वा अन्तर्राष्ट्रिय ख्याति प्राप्त व्यक्तिहरुमध्येबाट चारजना —सदस्य
(d) Four persons from among the representatives of international organisations or persons of international repute nominated by the Chairperson — Members

(ङ) अध्यक्षबाट मनोनित कोषको लागि उपयुक्त ठानेका व्यक्तिहरु तीनजना —सदस्य
(e) Three persons deemed suitable for the Fund nominated by the Chairperson — Members

(च) अध्यक्षबाट मनोनित व्यक्ति एकजना —सदस्य-सचिव
(f) One person nominated by the Chairperson — Member-Secretary

६. पदावधि: (१) अध्यक्ष तथा सदस्यहरुको पदावधि पाँच वर्षको हुनेछ । 6. Term of Office: (1) The term of office of the Chairperson and Members shall be five years.

(२) अध्यक्ष तथा सदस्यको पदावधि समाप्त भएपछि निजहरु दफा ५ बमोजिम पुनः मनोनित हुन सक्नेछन् । (2) After the expiry of the term of office, the Chairperson and Members may be re-nominated in accordance with Section 5.

(३) पदावधि समाप्त नहुँदै अध्यक्ष वा सदस्यको पद रिक्त हुन आएमा बाँकी पदावधिका लागि दफा ५ बमोजिम अध्यक्ष वा सदस्य मनोनित हुनेछ । (3) If the office of the Chairperson or a Member falls vacant before the expiry of the term, a Chairperson or Member shall be nominated under Section 5 for the remaining term.

(४) केही नेपाल कानून संशोधन गर्ने ऐन, २०६३ द्वारा संशोधित । अध्यक्ष वा सदस्यले राजीनामा गरेमा निजहरु आफ्नो पदबाट मुक्त भएको मानिनेछ । (4) Amended by Some Nepal Laws Amendment Act, 2063 (2006). If the Chairperson or a Member resigns, they shall be deemed to have been released from their office.

(५) आफ्नो कर्तव्य सुचारु रूपले पालन नगर्ने सदस्यलाई अध्यक्षबाट जुनसुकै बखतमा हटाउन सक्नेछ । (5) The Chairperson may remove at any time any Member who does not properly perform their duties.

७. पारिश्रमिक: समितिका अध्यक्ष, सदस्य वा अन्य पदाधिकारीले पाउने पारिश्रमिक भत्ता तथा अन्य सुविधाहरू तोकिए बमोजिम हुनेछ । 7.
National Trust for Nature Conservation Act, 1982

Remuneration: The remuneration, allowances and other facilities payable to the Chairperson, Members or other office bearers of the Committee shall be as prescribed.

८. समितिको बैठक: (१) अध्यक्षको निर्देशनमा सदस्य-सचिवले मिति, स्थान र समय तोकी बैठक बोलाउनेछ । बैठकको अध्यक्षता अध्यक्षबाट हुनेछ र अध्यक्षको अनुपस्थितिमा सदस्यहरुले आफूमध्येबाट छानेको कुनै सदस्यले अध्यक्षता गर्नेछ । 8. Meeting of the Committee: (1) The Member-Secretary shall call a meeting by fixing the date, place and time under the direction of the Chairperson. The meeting shall be presided over by the Chairperson, and in the absence of the Chairperson, a Member chosen by the Members from among themselves shall preside over the meeting.

(२) बैठक बस्ने सूचना बैठक बस्नु भन्दा साधारणतया एक महिना अगावै दिनु पर्नेछ । (2) Notice of the meeting shall ordinarily be given one month prior to the meeting.

(३) ६ जना सदस्यहरु उपस्थित भएमा समितिको बैठकको लागि गणपूरक सङ्ख्या पुगेको मानिनेछ । (3) If six Members are present, the meeting of the Committee shall be deemed to have a quorum.

(४) बैठकमा बहुमतको राय मान्य हुनेछ र मत बराबर भएमा बैठकको अध्यक्षता गर्ने व्यक्तिले निर्णयात्मक मत दिनेछ । (4) The opinion of the majority shall prevail in the meeting, and in case of a tie, the person presiding over the meeting shall give a casting vote.

(५) साधारणतया समितिको बैठक वर्षको एक पटक बस्नेछ । (5) Ordinarily, the meeting of the Committee shall be held once a year.

(६) बैठकको निर्णय सदस्य-सचिवद्वारा प्रमाणित गरिने छ । (6) The decision of the meeting shall be certified by the Member-Secretary.

(७) यस दफामा लेखिएदेखि बाहेक बैठकमा अपनाइने अन्य कार्यविधि समितिले आफैं व्यवस्थित गर्न सक्नेछ । (7) Other procedures to be adopted in the meeting, besides those written in this Section, may be regulated by the Committee itself.

९. कोषको काम र कर्तव्य: कोषको काम र कर्तव्य देहाय बमोजिम हुनेछ :-
9. Functions and Duties of the Fund: The functions and duties of the Fund shall be as follows:

(क) वन्यजन्तु तथा अन्य प्राकृतिक सम्पदाको संरक्षण, संवर्द्धन र व्यवस्थापन गर्ने,
(a) To conserve, promote and manage wildlife and other natural heritage,

(ख) राष्ट्रिय निकुञ्ज तथा आरक्षहरुको विकासको निमित्त आवश्यक व्यवस्था गर्ने,
(b) To make necessary arrangements for the development of national parks and reserves,

(ग) वन्यजन्तु तथा अन्य प्राकृतिक सम्पदाको वैज्ञानिक अध्ययन तथा अनुसन्धान गर्ने । (c) To conduct scientific study and research on wildlife and other natural heritage.

१०. कोषको अधिकार: कोषको अधिकार देहाय बमोजिम हुनेछ :-
10.
National Trust for Nature Conservation Act, 1982

Powers of the Fund: The powers of the Fund shall be as follows:

(क) राष्ट्रिय वा अन्तर्राष्ट्रिय संघ, संस्था तथा अन्य क्षेत्रबाट नगदी, जिन्सी वा अन्य किसिमको सहायता प्राप्त गर्ने । (a) To obtain assistance in cash, kind or other form from national or international associations, organisations and other sectors.

(ख) वन्यजन्तु तथा अन्य प्राकृतिक सम्पदासंग सम्बन्धित विदेशी संस्था र अन्तर्राष्ट्रिय संघ संस्थासंग सम्पर्क राख्ने । (b) To maintain contact with foreign organisations and international associations and organisations relating to wildlife and other natural heritage.

(ग) विदेशी संस्था वा अन्तर्राष्ट्रिय संघ संस्था मार्फत चन्दा सङ्कलन गर्ने गराउने । (c) To collect or cause to collect donations through foreign organisations or international associations and organisations.

(घ) कोषको हितको लागि अन्य आवश्यक काम गर्ने । (d) To do other necessary work for the benefit of the Fund.

११. उपसमिति गठन गर्न सक्ने: (१) कोषले आफ्नो काम कारबाहीको निमित्त आवश्यकता अनुसार उपसमिति गठन गर्न सक्नेछ । 11. May Constitute Sub-Committees: (1) The Fund may constitute sub-committees as necessary for its business.

(२) उपसमितिको काम, कर्तव्य र अधिकार तोकिए बमोजिम हुनेछ । (2) The functions, duties and powers of a sub-committee shall be as prescribed.

१२. कोष: (१) कोषमा देहायका रकमहरु रहनेछन् :-
12. Fund: (1) The following amounts shall be in the Fund:

(क) नेपाल सरकारले प्रदान गरेको रकम,
(a) Amount provided by the Government of Nepal,

(ख) राष्ट्रिय वा अन्तर्राष्ट्रिय संघ संस्थाबाट प्राप्त रकम,
(b) Amount received from national or international associations and organisations,

(ग) अन्य श्रोतबाट प्राप्त रकम । (c) Amount received from other sources.

(२) कोषको सबै रकम नेपाल राष्ट्र बैङ्क वा अन्य कुनै बैङ्कमा कोषको नाउँमा जम्मा गरिनेछ । (2) All amounts of the Fund shall be deposited in the Nepal Rastra Bank or any other bank in the name of the Fund.

(३) जिन्सी आम्दानी खर्चको हिसाब छुट्टै राखिनेछ । (3) A separate account of income and expenditure in kind shall be maintained.

(४) कोषको तर्फबाट गर्नु पर्ने सबै खर्च कोषबाट व्यहोरिनेछ । (4) All expenses to be incurred on behalf of the Fund shall be borne by the Fund.

(५) कोषको खाता सञ्चालन तोकिए बमोजिम हुनेछ । (5) The operation of the account of the Fund shall be as prescribed.

१३. लेखा र लेखापरीक्षण: (१) कोषको आय-व्ययको लेखा तोकिए बमोजिम राखिनेछ । 13.
National Trust for Nature Conservation Act, 1982

Accounts and Audit: (1) The accounts of income and expenditure of the Fund shall be kept as prescribed.

(२) कोषको लेखापरीक्षण महालेखापरीक्षकको विभागबाट हुनेछ । (2) The audit of the Fund shall be conducted by the Office of the Auditor General.

(३) नेपाल सरकारले चाहेमा कोषको हिसाब किताब सम्बन्धी कागजात र अरु नगदी जिन्सी समेत जुनसुकै बखत जाँच्न सक्नेछ । (3) The Government of Nepal may, if it so desires, inspect the accounts-related documents and other cash and kind of the Fund at any time.

१४. मुद्दा हेर्ने अधिकारी: कोष वादी वा प्रतिवादी भएको कुनै मुद्दा वा यो ऐन अन्तर्गतको कुनै मुद्दाको शुरु कारबाही र किनारा गर्ने अधिकार केही नेपाल ऐन संशोधन गर्ने ऐन, २०७२ द्वारा संशोधित । उच्च अदालतलाई हुनेछ । 14. Authority to Hear Cases: The authority for original proceedings and adjudication of any case where the Fund is a plaintiff or defendant, or any case under this Act, shall vest in Amended by Some Nepal Acts Amendment Act, 2072 (2015). the High Court.

१५. अधिकार प्रत्यायोजन: समितिले आफ्नो केही अधिकार अध्यक्ष, सदस्य, उपसमिति वा कोषको कुनै पदाधिकारीलाई प्रत्यायोजन गर्न सक्नेछ । 15. Delegation of Powers: The Committee may delegate some of its powers to the Chairperson, a Member, a sub-committee or any officer of the Fund.

१६. नियम बनाउने अधिकार: यो ऐनको उद्देश्य कार्यान्वयन गर्न समितिको परामर्श लिई नेपाल सरकारले आवश्यक नियमहरु बनाउन सक्नेछ । 16. Power to Make Rules: The Government of Nepal may, after consulting the Committee, make necessary Rules for the implementation of the objectives of this Act.

१७. विनियम बनाउने अधिकार: यो ऐन र यस ऐन अन्तर्गत बनेको नियम विपरीत नहुने गरी कोषले आवश्यक विनियमहरु बनाउन सक्नेछ र त्यस्तो विनियम नेपाल सरकारबाट स्वीकृत भएपछि लागू हुनेछ । 17. Power to Make Regulations: The Fund may make necessary Regulations not inconsistent with this Act and the Rules made under this Act, and such Regulations shall come into force after approval by the Government of Nepal.

१८. नेपाल सरकारसंग सम्पर्क: कोषले नेपाल सरकारसंग सम्पर्क राख्दा नेपालको संविधान अनुकूल बनाउन केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । वन तथा वातावरण मन्त्रालय, राष्ट्रिय निकुञ्ज तथा वन्यजन्तु संरक्षण विभाग मार्फत राख्नेछ । 18.
Muluki Civil Procedure Code, 2017

3. Matters Written in Separate Law Not Affected: (1) Matters relating to procedures written in separate laws enacted for specific subjects shall be according to that law, and the provisions of this Code shall not have any effect on such matters.

(2) Matters of procedure not written in the law referred to in Sub-section (1) shall be as written in this Code. Chapter-2

General Principles of Civil Procedure Law

4. Principles to be Observed in Civil Cases: While conducting proceedings, hearing and disposal of a case, the Court shall generally observe the principles and provisions mentioned in this Chapter. 5. Hearing to be in Open Court: Unless otherwise provided by law or unless the Court otherwise orders on the basis of an application made by a party to the case, the proceedings, hearing and disposal of a case shall be in open court. 6. Hearing to be by Competent Court: The proceedings, hearing and disposal of a case shall be only by a court competent according to law. 7. Question of Right Only to be Determined by Court: (1) If a question of right arises in any matter, such question shall be determined only by a regular court. Explanation: For the purpose of this Code, "regular court" means the District Court, High Court or Supreme Court.

(2) If, during the proceedings of a case pending in a court or body other than a regular court, it appears that the proceedings, hearing and disposal on other matters can be done only after the determination of a question of right, the concerned officer shall order the parties to get the question of right determined by the regular court. 8. Disputes Relating to Legal Status Only to be Determined by Regular Court: Disputes relating to the establishment of relationship, dissolution of relationship or legal status of any person shall be determined only by a regular court. 9.