chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Negotiable Instruments Act, 1977

Provided that, when calculating interest for compensation or damages, the highest interest rate charged by commercial banks on loans shall be applied. 55. Delivery of instrument on payment: The person paying may inspect the negotiable instrument before payment and may take it after payment. 56. Circumstances for discharge from liability: Any party making, accepting, or endorsing a negotiable instrument shall be discharged from liability in the following circumstances:-

(a) If any holder cancels the name of that party with intent to discharge him, such cancelled party is discharged from liability to the holder and to all subsequent parties deriving title from him,

(b) If any holder gives notice to the acceptor, endorser, or drawer that he discharges him, all such parties are discharged from liability to the holder giving the notice and to all subsequent parties deriving title from him,

(c) If the party liable pays the amount in due course to the bearer of a negotiable instrument payable to bearer, or to the holder of a negotiable instrument endorsed in blank, such party is discharged from liability to all parties relating to the instrument. 57. Discharge by giving further time: If any holder gives to the party liable on a bill of exchange more than two days (excluding public holidays) for acceptance, all prior parties who do not consent to such extension are discharged from liability to such holder. 58. Discharge of bank paying cheque payable to "Bearer" or "Order": A bank is discharged from liability in respect of a cheque payable to "bearer" if it makes payment in due course to the bearer, irrespective of any endorsement on the back. In the case of a cheque payable to "order", the bank is discharged upon payment in due course to the payee or to a person endorsed by him. 59. Discharge of bank paying draft: A bank which pays a draft drawn by one office of the same bank upon another office, payable on demand to order, is discharged from liability upon payment in due course to the payee or to a person endorsed by him. 60. Qualified acceptance: If the holder of a bill of exchange accepts a conditional acceptance, all prior parties, except the party consenting to such condition, are discharged from liability. 61. Alteration or erasure in negotiable instrument: Unless the alteration or erasure is made with the common intention of all material parties, if any material alteration or erasure is made in a negotiable instrument, all prior parties, except the party making the alteration or erasure and any party consenting thereto, are discharged from liability.
Negotiable Instruments Act, 1977

Explanation: "Material alteration or erasure" means an alteration or erasure which changes the meaning of the instrument, or alters the form of the instrument, or changes the liability of the relevant parties. 62. Payment of instrument where alteration not apparent: The person or bank making payment in due course of a negotiable instrument which has been materially altered but where the alteration is not apparent on a cursory inspection, or of a crossed cheque where the crossing is not apparent on a cursory inspection, shall be discharged from liability. 63. Discharge of all parties: When a negotiable instrument is paid or satisfied, and the period for satisfaction is completed, all parties relating to the instrument are discharged from liability after it comes into the possession of the acceptor. Chapter-6
Notice of Dishonour

64. Dishonour by non-acceptance: (1) A bill of exchange is dishonoured by non-acceptance if the drawee, who is required to accept it upon presentment for acceptance, fails to accept, or if, in a case of multiple drawees not being partners, any one of them fails to accept.

(2) A bill of exchange shall be deemed to be dishonoured if the drawee agrees to accept only on a condition, or if the drawee is incompetent to contract. 65. Dishonour by non-payment: A promissory note, bill of exchange, or cheque is dishonoured by non-payment if the maker, acceptor, or drawee, respectively, fails to pay the amount due. 66. Notice of dishonour: When a negotiable instrument is dishonoured by non-acceptance or non-payment, notice thereof must be given by the holder or by any party liable on the instrument to all parties to whom it is sought to be made liable. If any such party is not notified, that party shall not be liable on the instrument. Provided that nothing in this section shall require notice to be given to the maker of a promissory note, the acceptor of a bill of exchange, or the drawee. 67. Mode of giving notice of dishonour: Notice of dishonour may be given orally or in writing to the person to whom it is to be given, or to his authorized agent, or to his legal representative if he is dead. If given in writing, it may be sent by registered post in any form. Such notice must clearly specify that the instrument has been dishonoured, and also specify the capacity in which the person notified is liable, and must be given within a reasonable time at his place of business or residence. If a notice duly sent by post does not reach the concerned person for any reason, it shall not be deemed that notice was not given. 68.
Negotiable Instruments Act, 1977

If a notice duly sent by post does not reach the concerned person for any reason, it shall not be deemed that notice was not given. 68. Time for agent to give notice of dishonour: If a negotiable instrument is presented through an agent for presentment, such agent shall have the same time to give notice of dishonour to the principal as the holder would have. 69. Death of person notified: If the person notified of dishonour is dead and the person giving notice is unaware of his death, such notice shall not be invalid. 70. Circumstances where notice of dishonour unnecessary: Notice of dishonour is not required in any of the following circumstances:-

(a) If the party entitled to notice waives it by his conduct,

(b) If the drawer has stopped payment,

(c) If no loss is caused to the party by failure to give notice,

(d) If the acceptor is himself the drawer,

(e) If the instrument is a non-negotiable promissory note,

(f) If the party entitled to notice cannot be found despite diligent search, or if the person required to give notice is unable to give it for any reason other than his own fault,

(g) If the party entitled to notice, with knowledge of the dishonour, unconditionally undertakes to pay the amount of the instrument. 71. Noting of dishonour by Notary Public: If a negotiable instrument is dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, present it to a Notary Public and cause the dishonour to be noted by the Notary Public on the instrument or on a document attached thereto. Such noting shall specify the date and cause of dishonour, and if the instrument is not clearly dishonoured but the holder has reason to deem it dishonoured, that reason shall also be clearly specified. 72. Protest of dishonour: After noting under Section 71, the holder may cause the dishonour to be protested by a Notary Public. 73. Protest for better security: If, before the maturity of a bill of exchange, the acceptor becomes insolvent, the holder may, within a reasonable time, present it to a Notary Public and request him to demand better security. If better security is not given, the holder shall cause the same to be protested by a Notary Public within a reasonable time. 74.
Negotiable Instruments Act, 1977

If better security is not given, the holder shall cause the same to be protested by a Notary Public within a reasonable time. 74. Contents of protest: A protest of dishonour or of refusal to give better security shall contain the following particulars:-

(a) The negotiable instrument or a copy thereof, and all matters written or printed therein,

(b) The names of the parties for and against whom the protest is made,

(c) A statement by the Notary Public that he demanded acceptance, payment, or better security from such person, and the answer given by that person, or if no answer was given, a statement to that effect, or if the person could not be found after search, a statement to that effect,

(d) The place and time of dishonour if the instrument was dishonoured, and the place and time of refusal to give better security. 75. Notice of protest: If a negotiable instrument is required by any prevailing law to be protested, the notice of dishonour sent instead must be a notice of protest certified by a Notary Public. Such certified notice may also be sent by the Notary Public who protests it. 76. Protest for non-payment after non-acceptance: If all bills of exchange drawn payable at a place other than the place stated as the drawee's residence are dishonoured by non-acceptance, they may be protested for non-payment at the place of payment without being again presented to the drawee. 77. Foreign bills to be protested: If a foreign bill of exchange is required by the law of the country of issue to be protested on dishonour, such foreign bill shall also be protested by a Notary Public. Chapter-7
Reasonable Time

78. Determination of reasonable time: In determining what is a reasonable time for presentment for acceptance or payment, giving notice of dishonour, and noting of dishonour, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments. Public holidays shall be excluded in calculating such time. 79. Determination of reasonable time for notice of dishonour: If the holder and the party to whom notice of dishonour is to be given carry on business or reside in different places, such notice shall be deemed to have been given within a reasonable time if it is sent by registered post or other means on the day next after the day of dishonour. If they carry on business or reside in the same place, such notice shall be deemed to have been given within a reasonable time if it is sent so as to reach the party on the day next after the day of dishonour. 80.
Negotiable Instruments Act, 1977

If they carry on business or reside in the same place, such notice shall be deemed to have been given within a reasonable time if it is sent so as to reach the party on the day next after the day of dishonour. 80. Reasonable time for prior party to give notice: A prior party who wishes to render other prior parties liable to him shall give notice within the same time as he would have had if he had been the holder. Chapter-8
Crossed Cheques

81. General crossing of cheque: A cheque is deemed to be crossed generally if the front bears two parallel lines with the words "and company" or any abbreviation thereof, or if it bears only two parallel lines, whether or not the words "not negotiable" are written therein. 82. Special crossing of cheque: A cheque is deemed to be crossed specially if the front bears the name of a bank, whether or not the words "not negotiable" are written therein. 83. Crossing after issue: (1) The holder of an uncrossed cheque may make it a generally or specially crossed cheque.

(2) The holder of a generally crossed cheque may make it a specially crossed cheque.

(3) The holder may add the words "not negotiable" to a generally or specially crossed cheque.

(4) A specially crossed cheque crossed to a particular bank may be re-crossed specially by that bank to another bank or its agent for collection.

(5) The drawer of a crossed cheque may cancel the crossing thereof. 84. Payment of crossed cheques: (1) A generally crossed cheque shall not be paid to any person other than a bank.

(2) A specially crossed cheque shall not be paid to any person other than the bank to whose name it is crossed or its agent. 85. Payment of cheque bearing "Account Payee": A crossed cheque bearing the words "account payee" shall be paid by the bank only by crediting the amount to the account of the person in whose name the cheque is drawn. 86. Payment of cheque with more than one special crossing: If a cheque is specially crossed to more than one bank, payment thereof shall not be made, except where it is specially crossed to an agent for collection. 87. Payment in due course of crossed cheque: If a bank pays a crossed cheque drawn upon it in due course, the rights and liabilities of the paying bank and the drawer shall be the same as if payment had been made to the true owner of the cheque. 88.
Negotiable Instruments Act, 1977

87. Payment in due course of crossed cheque: If a bank pays a crossed cheque drawn upon it in due course, the rights and liabilities of the paying bank and the drawer shall be the same as if payment had been made to the true owner of the cheque. 88. Payment of crossed cheque not in due course: If a bank pays a crossed cheque without complying with the provisions of Sections 84 and 85, the paying bank shall be liable for any loss or damage caused to the true owner of the cheque. 89. Cheque bearing "Not Negotiable": A person acquiring a generally or specially crossed cheque bearing the words "not negotiable" shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had. 90. Bank collecting payment of cheque not liable: If a bank, without negligence and in good faith, receives payment of a crossed cheque for a customer, the bank shall not, by reason only of having received payment, be liable to the true owner of the cheque, even if it is subsequently proved that the customer had no title to the cheque. 91. Provisions of this Chapter to apply to drafts: The provisions of this Chapter shall apply to drafts as they apply to cheques. Chapter-9
Miscellaneous

92. Acceptance for honour: If a bill of exchange has been noted or protested for non-acceptance or for better security, any person not being a party already liable thereon may, with the consent of the holder, accept it for the honour of any party to the bill. 93. Mode of acceptance for honour: A person desiring to accept for honour shall, by his signature, write on the bill that he accepts it for the honour of the drawer or a specified endorser, and sign it. If no such name is specified, he shall be deemed to have accepted for the honour of the drawer. 94. Liability of acceptor for honour: (1) If the drawee does not pay the bill, the acceptor for honour shall be liable to all subsequent parties to the party for whose honour he accepted. The acceptor for honour shall be entitled to recover any expenses incurred or any loss caused to him in that connection from the party for whose honour he accepted or from prior parties.
Negotiable Instruments Act, 1977

The acceptor for honour shall be entitled to recover any expenses incurred or any loss caused to him in that connection from the party for whose honour he accepted or from prior parties. Provided that the acceptor for honour shall not be liable on the bill if it is not presented to him.

(2) The acceptor for honour shall be liable only if, after maturity of the bill, it is presented for payment to the drawee and the drawee refuses to pay, and such refusal is protested by a Notary Public. 95. Payment for honour: (1) If a bill of exchange has been protested for non-payment, any person may pay it for the honour of any person liable to pay. Provided that, before such payment, he or his agent shall cause the fact that he pays for the honour of a specified person to be recorded in the register of the Notary Public.

(2) Upon payment under sub-section (1), the paying party shall acquire all the rights of the holder, and he may recover the amount paid, with interest and all expenses incurred in that connection, from the party for whose honour he paid. 96. Dishonour not deemed until drawee in case of need dishonours: If the name of a drawee in case of need is specified in the bill of exchange or endorsement, the bill shall not be deemed to be dishonoured until such drawee in case of need dishonours it. 97. Acceptance and payment without protest: The drawee in case of need may accept and pay the bill of exchange even if it has not been previously protested by a Notary Public. 98. Drawing bills of exchange in sets: A
Security of Health Workers and Health Institutions Act, 2010

Health Workers and Health Institutions Security Act, 2066 (2009)

Certification and Publication Date
2066.1.21

Amending Acts

1. Act to Amend, Consolidate, Adjust and Repeal Certain Nepal Laws, 2074 (2017) – 2074.6.30
2. Act to Amend Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018) – 2075.11.19
3. Health Workers and Health Institutions Security (First Amendment) Act, 2079 (2022) – 2079.03.31

Act Number 2 of the Year 2066 (2009)

An Act Made to Make Provisions Relating to the Security of Health Workers and Health Institutions

Preamble: Whereas, it is desirable to make necessary legal provisions relating to the security of health workers and health institutions from accidental incidents and financial liabilities that may arise during the course of health treatment in order to make health services regular, reliable, dignified and effective;

Now, therefore, the Constituent Assembly has enacted this Act pursuant to sub-article (1) of Article 83 of the Interim Constitution of Nepal, 2063 (2007). 1. Short Title and Commencement: (1) This Act may be cited as the "Health Workers and Health Institutions Security Act, 2066 (2009)."

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

(a) Amended by the First Amendment."Health Worker" means a person registered in the relevant council as a health worker pursuant to the prevailing law.

(b) Amended by the First Amendment."Health Institution" means a government hospital operated by the Government of Nepal, Provincial Government or Local Level, a non-governmental hospital, private hospital, cooperative hospital, non-profit hospital, community hospital, teaching hospital or other health institution established or permitted to operate pursuant to the prevailing law, and such term also includes a holding center, quarantine, isolation or other similar place operated for the prevention, control, diagnosis and treatment of infectious diseases.

(c) "Security" means Amended by the First Amendment.financial and other security provided for a health worker, an employee working in a health institution, and a health institution pursuant to this Act.

(d) "Ministry" means the Ministry of Health and Population.

(e) "Committee" means the Health Workers and Health Institutions Security Coordination Committee formed pursuant to Section 5.

(f) "Fund" means the Health Workers and Health Institutions Security Fund formed pursuant to Section 12.

(g) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3.
Security of Health Workers and Health Institutions Act, 2010

3. Prohibition on Acts such as Assault, Lockout, Vandalism, etc.: Amended by the First Amendment.No person shall, on the subject of health treatment, commit or cause to commit the following acts:-

(a) setting fire to a health institution,

(b) vandalizing or causing damage or loss to a health institution by committing any other act,

(c) beating a health worker or an employee working in a health institution or causing physical injury,

(d) locking or besieging a health institution,

(e) obstructing in any manner the treatment of patients who have come for or are undergoing treatment at a health institution, or

(f) assaulting a health worker or an employee working in a health institution, threatening them in any manner, abusing them, or behaving indecently or insultingly. 4. Right to Demand Security: (1) If any person commits or attempts to commit any act contrary to Section 3 against any health worker Amended by the First Amendment.or employee working in a health institution or against a health institution, such health worker Amended by the First Amendment.or employee working in a health institution or health institution may demand security from the local administration.

(2) Upon a demand for security pursuant to sub-section (1), the local administration shall immediately make arrangements for security.

(3) If, considering a particular place and situation, services provided by any health institution are likely to be obstructed and a written request is made by the Committee for making permanent security arrangements, the Government of Nepal may make permanent security arrangements at such health institution.

(4) Amended by the First Amendment.Other provisions relating to the security of a health worker, an employee working in a health institution, and a health institution shall be as prescribed. 5.
Security of Health Workers and Health Institutions Act, 2010

5. Provision Relating to Formation of Committee: Amended by the First Amendment.(1) For the purpose of working in a coordinated manner regarding the security of health workers, employees working in health institutions and health institutions, a Health Workers and Health Institutions Security Coordination Committee shall be formed as follows:-

(a) One employee of the twelfth level of the Ministry, designated by the Secretary of the Ministry - Chairperson
(b) One head of the relevant department of the Ministry, designated by the Secretary of the Ministry - Vice-Chairperson
(c) Representative (at least gazetted second class), Ministry of Home Affairs - Member
(d) President or a representative designated by him/her, Nepal Medical Council - Member
(e) President or a representative designated by him/her, Nepal Nursing Council - Member
(f) President or a representative designated by him/her, Nepal Medical Association - Member
(g) President or a representative designated by him/her, Nepal Health Technicians Association - Member
(h) President or a representative designated by him/her, Nepal Ayurvedic Medical Association - Member
(i) President or a representative designated by him/her, Nepal Nursing Association - Member
(j) President or a representative designated by him/her, Association of Private Health Institutes of Nepal - Member
(k) A gazetted second class or equivalent officer of the Ministry, designated by the Secretary of the Ministry - Member-Secretary

(2) Omitted by the First Amendment

(3) The Secretariat of the Committee shall be located at the Ministry.

(4) The Ministry shall provide the necessary staff for the Secretariat of the Committee.

(5) The procedure for the meeting of the Committee shall be as prescribed. 6.
Security of Health Workers and Health Institutions Act, 2010

6. Functions, Duties and Powers of the Committee: The functions, duties and powers of the Committee shall be as follows:-

(a) Amended by the First Amendment.To approve and implement or cause to implement plans and programs relating to the security of health workers, employees working in health institutions and health institutions,
(b) Amended by the First Amendment.To maintain coordination among relevant bodies regarding the security of health workers, employees working in health institutions and health institutions,
(c) To provide compensation to the concerned person from the side of Amended by the First Amendment.the health worker, employee working in a health institution or health institution pursuant to a court judgment,
(d) Amended by the First Amendment.To advise the Government of Nepal on the policies to be adopted regarding the security of health workers, employees working in health institutions and health institutions,
(d1) Added by the First Amendment.To investigate or cause to investigate or assist in an investigation into incidents occurring at any health institution in a manner adverse to the security of health workers, employees working in health institutions and health institutions,
(e) To perform such other functions as prescribed. 7. Requirement to Register Name: (1) Amended by the First Amendment.A health worker or health institution desiring to obtain security in accordance with the financial security under Sections 11 and 13 shall have their name registered with the Committee.

(2) A health worker desiring to register their name pursuant to sub-section (1) shall submit an application to the Committee attaching the certificate obtained from the professional health council and a health institution shall attach the establishment certificate obtained pursuant to the prevailing law. Provided that a government health institution shall not be required to attach the establishment certificate.

(3) If, upon inquiry into the application received pursuant to sub-section (2), it appears appropriate to register the name, the Committee shall register the name of such health worker or health institution in the registration book and provide the applicant with a certificate thereof in the format as prescribed. 8. Requirement to Pay Fee: (1) When applying pursuant to Section 7, a fee as prescribed shall be chargeable.

(2) Amended by the First Amendment.A health worker or health institution registered pursuant to Section 7 shall pay to the Committee an annual fee as prescribed. Provided that, when a non-governmental health institution demands permanent security pursuant to sub-section (3) of Section 4, an additional fee as prescribed shall be chargeable. 9.
Security of Health Workers and Health Institutions Act, 2010

Provided that, when a non-governmental health institution demands permanent security pursuant to sub-section (3) of Section 4, an additional fee as prescribed shall be chargeable. 9. Removal of Name from Registration Book: The Committee shall remove the name of a health worker Amended by the First Amendment.or health institution registered pursuant to Section 7 from the registration book:-

(a) if the Committee receives information that such person is disqualified from working in health services pursuant to the prevailing law,
(b) if such person fails to pay the fee pursuant to sub-section (2) of Section 8,
(c) if such person submits an application to the Committee requesting removal of their name from the registration book,
(d) if the registration of the health worker or health institution is cancelled pursuant to the prevailing law. 10. Requirement to Keep Records Updated: The Committee shall keep updated the records of health workers and health institutions whose registration remains effective under this Act. 11. Committee to Bear Expenses Incurred in Defense: (1) In a suit filed in a court seeking compensation against a health worker or health institution registered pursuant to Section 7, the Committee shall bear the reasonable expenses incurred by the concerned health worker or health institution in their defense. Provided that the Committee shall not bear the expenses incurred in the defense concerning loss or damage caused due to the bad faith or gross negligence of the health worker or health institution.

(2) A health worker Added by the First Amendment.or health institution registered pursuant to Section 7, desiring to claim expenses related to defense from the Committee under sub-section (1), shall provide the Committee with the details as prescribed. 12. Provision of Fund: (1) There shall be a Fund called the Health Workers and Health Institutions Security Fund.

(2) The Fund shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,
(b) Amount received pursuant to Section 8,
(c) Amount received from any other source.

(3) The amount of the Fund shall be deposited by opening an account in a commercial bank within Nepal.

(4) The operation of the Fund shall be as prescribed. 13.
Security of Health Workers and Health Institutions Act, 2010

13. Use of Fund: The amount deposited in the Fund may be expended on the following works:-

(a) Added by the First Amendment.To pay the amount in accordance with the judgment of a court ordering compensation to the concerned person in relation to the service provided by any health worker or health institution registered pursuant to Section 7,

Provided that the Committee shall not bear the amount of compensation to be paid to the concerned person in accordance with a court judgment regarding damage caused due to the bad faith or gross negligence of the health worker or health institution.

(b) Added by the First Amendment.To pay the reasonable expenses incurred in defending a suit filed in a court against a health worker or health institution registered pursuant to Section 7,
(c) To operate the functions of the Committee. 14. Accounts and Audit: (1) The accounts of income and expenditure of the Fund shall be maintained in accordance with the prevailing law.

(2) The audit of the Fund shall be carried out by the Auditor General. Amended by the First Amendment.15. Offense and Punishment: (1) If any person commits any act as referred to in Section 3, they shall be deemed to have committed an offense under this Act.

(2) If any person commits the following offenses, depending on the gravity of the offense, they shall be liable to the following punishments:-

(a) In case of committing an offense under clause (a) of Section 3, imprisonment for a term of two to five years or a fine of two hundred thousand rupees to five hundred thousand rupees, or both,
(b) In case of committing an offense under clause (b) or (c) of Section 3, imprisonment for a term up to three years or a fine up to three hundred thousand rupees, or both,
(c) In case of committing an offense under clause (d), (e) or (f) of Section 3, imprisonment for a term up to one year or a fine up to one hundred thousand rupees, or both.

(3) Where any loss or damage is caused to any health worker, employee working in a health institution or health institution by the acts of a person committing an offense under sub-section (1), the officer hearing the case shall also order the concerned offender to pay reasonable compensation for such loss or damage.

(4) While ordering compensation under sub-section (3), if damage is caused to the property of a health institution by vandalism, arson or other loss or damage, an amount equal to such damage shall be ordered to be paid. Added by the First Amendment.15A.
Security of Health Workers and Health Institutions Act, 2010

Added by the First Amendment.15A. Detention for Trial: Notwithstanding anything written in the prevailing law, in a case punishable under clause (a) or (b) of sub-section (2) of Section 15, if the offender appears guilty from the evidence immediately available, or if there is reasonable ground to believe that the person is the offender, the officer hearing the case shall detain the accused for trial. 16. To be Governmental Case: Amended by the First Amendment.A case relating to an offense under Section 15 shall be a Governmental Case, and such case shall be deemed to be included in Schedule-1 of the National Criminal Procedure (Code) Act, 2074 (2017) [The original text notes: Words transformed by the Act to Amend, Consolidate, Adjust and Repeal Certain Nepal Laws, 2074 and amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075: "Section 15 of this Act is deemed to be included in Schedule-1 of the National Criminal Procedure (Code) Act, 2074".]

Added by the First Amendment.17. Limitation: A complaint must be filed within thirty-five days from the date of commission of the offense under Section 15. Added by the First Amendment.17A. Officer Hearing the Case: (1) The concerned District Court shall have the authority to conduct initial proceedings and adjudicate a case punishable under clause (a) or (b) of sub-section (2) of Section 15.

(2) The Chief District Officer of the concerned district shall have the authority to conduct initial proceedings and adjudicate a case punishable under clause (c) of sub-section (2) of Section 15. Added by the First Amendment.17B. Appeal: A party not satisfied with the decision made by the Chief District Officer pursuant to sub-section (2) of Section 17A may file an appeal with the concerned District Court within thirty-five days from the date of such decision. 18. Power to Form Sub-Committee: (1) The Committee may, for the operation of its functions, form sub-committees as necessary, involving experts from the relevant fields.

(2) The functions, duties, powers and procedures of a sub-committee formed pursuant to sub-section (1) shall be as prescribed by the Committee. 19. Meeting Allowance: Members of the Committee or of a sub-committee formed pursuant to Section 18 shall be entitled to a meeting allowance as prescribed for participating in a meeting of the Committee or sub-committee. 20. Delegation of Powers: The Committee may, as necessary, delegate some of the powers conferred upon it to any member of the Committee or to a sub-committee formed pursuant to Section 18. 21.
Environment Protection Act, 2019

Chapter-2
Environmental Study

3. Environmental Study Report to be Prepared: (1) A proponent shall prepare an environmental study report as prescribed for a proposal as prescribed.

(2) The environmental study report prepared pursuant to subsection (1) shall, after completing the procedures as prescribed, be submitted to the following body for approval:

(a) In the case of a proposal relating to a national priority development project, a project approved for investment by the Investment Board and to be implemented, a project of national pride, development construction works or projects falling within the jurisdiction of the Federation pursuant to prevailing law, a project requiring construction works in more than one province, or any project specified by the Government of Nepal – if it is a brief environmental study or initial environmental examination, to the prescribed body, and if it is an environmental impact assessment report, to the Ministry;

(b) In the case of a proposal relating to development construction works or projects falling within the jurisdiction of the provincial government – to the body specified by the relevant provincial law;

(c) In the case of a proposal relating to development construction works or projects falling within the jurisdiction of the local level – if it is a brief environmental study or initial environmental examination, to the body specified by the relevant local law, and if it is an environmental impact assessment report, to the body of the provincial government specified by the provincial law.

(3) Notwithstanding anything contained in subsection (1) or (2), there shall be no bar to the approval, in accordance with the legal provisions in force at the time of their submission, of environmental study reports submitted for approval at the time of commencement of this Act.

(4) Notwithstanding anything contained elsewhere in this Section, an environmental study report shall not be required for the reconstruction in its original form of a heritage deemed to be an ancient monument pursuant to the law relating to ancient monuments.

(5) While preparing an environmental study report, the proponent shall conduct a public hearing as prescribed regarding the proponent.

(6) Other provisions relating to the submission of an environmental study report shall be as prescribed. 4.
Environment Protection Act, 2019

4. Detailed Analysis of Alternatives Required: (1) In the environmental study report, the proponent shall carry out a detailed analysis of the various alternatives that may be adopted to mitigate the adverse effects that may occur on the environment upon implementation of such a proposal, and recommend among those alternatives the suitable alternative for implementing the proposal along with the basis and reasons for implementing that alternative.

(2) While preparing the environmental study report pursuant to subsection (1), the proponent shall also mention the immediate, intermediate and long-term adverse effects that may occur on the environment upon implementation of the project, and the methods and procedures to be adopted for their mitigation. 5. Scoping and Terms of Reference: (1) Prior to preparing an environmental study report for a proposal pursuant to this Act, the terms of reference for a brief environmental study and initial environmental examination, and the scoping and terms of reference for an environmental impact assessment, shall be approved by the concerned body.

(2) Other provisions relating to the preparation and approval of scoping and terms of reference pursuant to subsection (1) shall be as prescribed. 6. Standards and Quality to be Maintained: (1) While preparing an environmental study report pursuant to this Act, the proponent shall prepare it in the format as prescribed, ensuring compliance with the standards and quality determined by the Government of Nepal.

(2) If a report is submitted contrary to the standards or quality pursuant to subsection (1) or without complying with such standards, the consultant preparing such report shall not be allowed to prepare an environmental study report for a maximum period of five years. 7.
Environment Protection Act, 2019

7. Approval of Environmental Study Report: (1) Upon receipt of an environmental study report prepared in the context of implementing a proposal pursuant to Section 3, the concerned body shall carry out the necessary examination thereof.

(2) For the purpose of examining and providing opinions and suggestions on the environmental study report received pursuant to subsection (1), the concerned body may form a committee comprising a representative of that body, representatives of stakeholder bodies concerned with the proposal, and subject matter experts as required.

(3) If, while examining the environmental study report received pursuant to subsection (1), it appears that further environmental study is required in relation to such proposal, the concerned body shall order the proponent to carry out or cause to be carried out an initial environmental examination in the case of a brief environmental study, or an environmental impact assessment in the case of an initial environmental examination.

(4) The proponent shall carry out the further study pursuant to the order given under subsection (3) and submit its report to the concerned body.

(5) If, upon examination pursuant to this Section, it does not appear that the implementation of such proposal will have significant adverse effects on the environment, the concerned body shall approve such environmental study report, imposing conditions as necessary to be complied with by the proponent.

(6) Other provisions relating to the approval of an environmental study report shall be as prescribed. 8. Proposal Not to be Implemented: No person shall implement or cause to be implemented any proposal without the environmental study report being approved pursuant to this Act. 9. Strategic Environmental Analysis: (1) The Government of Nepal shall, before implementing policies, programs or projects specified by notification in the Nepal Gazette, carry out a strategic environmental analysis in relation to such policies, programs or projects.

(2) Other provisions relating to the strategic environmental analysis pursuant to subsection (1) shall be as prescribed. 10.
Environment Protection Act, 2019

10. Environmental Management Plan: (1) The proponent shall, before implementing the proposal, prepare an environmental management plan as prescribed.

(2) While preparing the environmental management plan pursuant to subsection (1), the proponent shall also specify which of the measures for mitigating adverse environmental effects are to be adopted during the construction phase of the project and which after the completion of the project or during the implementation phase of the project.

(3) If the measures for mitigating adverse environmental effects mentioned in the environmental management plan pursuant to subsection (2) are not found to be effective, the concerned body may give necessary directions to adopt other effective measures, and the cost incurred in implementing the directions so given by the concerned body shall be borne by the relevant proponent.

(4) The proponent shall make a clear action plan for the implementation of the environmental management plan prepared pursuant to subsection (1) and implement it accordingly, and shall submit a progress report thereof to the concerned body every six months after the commencement of project implementation.

(5) In implementing the environmental management plan pursuant to subsection (1), while adopting measures for mitigating adverse environmental effects, priority shall be given to conducting programs through the local community likely to be affected by the implementation of the proposal. 11. Supplemental Environmental Impact Assessment Required: (1) If it is necessary to make partial modifications to the physical infrastructure, design or form of a project whose environmental impact assessment report has been approved pursuant to Section 7, or to relocate or alter structures, or to add forest area, or to increase the capacity of the project, the proponent shall carry out a supplemental environmental impact assessment to ascertain whether such actions will have adverse effects on the environment and whether such effects can be remedied or mitigated by any measures. Added by Some Nepal Acts Amendment Act, 2062. Provided, however, that if the area of forest land or the number of trees to be cut as mentioned in the approved environmental study report decreases or increases by up to ten percent, a supplemental environmental impact assessment shall not be required.
Environment Protection Act, 2019

Added by Some Nepal Acts Amendment Act, 2062. Provided, however, that if the area of forest land or the number of trees to be cut as mentioned in the approved environmental study report decreases or increases by up to ten percent, a supplemental environmental impact assessment shall not be required. In the case of such a decrease or increase in the area of forest land or the number of trees to be cut, the proponent shall give written information thereof to the concerned body.

(2) For the purpose of carrying out a supplemental environmental impact assessment pursuant to subsection (1), the proponent shall submit an application to the concerned body, including the reasons for the need to alter the various components of the project, an analysis of the possible adverse effects on the environment resulting therefrom, a comparative table according to environmental indicators, and other necessary substantiation. Provided, however, that if the concerned body has ordered the proponent to submit a supplemental environmental impact assessment study report, the proponent shall not be required to submit an application.

(3) If, upon examination of the application received pursuant to subsection (2), the contents appear reasonable, the concerned body may grant permission for the supplemental environmental impact assessment study as prescribed.

(4) Other provisions relating to supplemental environmental impact assessment shall be as prescribed. 12. Environmental Examination After Commencement of Service: (1) Amended by Some Nepal Acts Amendment Act, 2062.The Department or the prescribed body shall, within six months from the date of expiry of two years after the commencement of implementation of a proposal required to undergo an environmental impact assessment pursuant to this Act and the commencement of service or production or distribution of goods, keep an updated environmental examination report analyzing the adverse effects on the environment caused by the implementation of such proposal, the measures adopted to reduce such effects, the effectiveness of such measures, and any adverse effects that could not be mitigated or were not anticipated.

(2) In relation to the environmental examination report pursuant to subsection (1), in coordination with the concerned body, Amended by Some Nepal Acts Amendment Act, 2062.the Department or the prescribed body may, after carrying out the necessary study, if the measures adopted to mitigate adverse effects on the environment are not found to be adequate, give appropriate orders to the proponent to remedy or mitigate such adverse effects.

(3) It shall be the duty of the proponent to comply with the orders given by Amended by Some Nepal Acts Amendment Act, 2062.the Department or the prescribed body pursuant to subsection (2). 13.
Environment Protection Act, 2019

13. Power to Prohibit: (1) If any person implements a project without approval of an environmental study report pursuant to this Act, or in a manner contrary to the approved environmental study report, the concerned body may immediately prohibit the implementation of such project.

(2) If the implementation of a project is prohibited pursuant to subsection (1), the proponent shall not be entitled to claim compensation for any loss caused to the proponent by such prohibition.

(3) Notwithstanding anything contained in subsection (1), if the proponent of a project whose implementation has been prohibited obtains approval of an environmental study report pursuant to this Act, or improves the implementation of the project in accordance with the approved environmental study report, the concerned body may revoke the prohibition imposed pursuant to subsection (1). 14. Government of Nepal or Provincial Government May Conduct Environmental Study: (1) The Government of Nepal or the provincial government may itself map any area or place and conduct an environmental study of that area.

(2) On the basis of the details obtained from the study pursuant to subsection (1), the concerned body shall prepare details regarding development construction works or projects that may be conducted in such area in the future, and activities unsuitable for conduct in such area.

(3) The concerned body shall keep records of the details obtained from the study pursuant to subsection (1) and the details pursuant to subsection (2).

(4) The details pursuant to this Section shall be made public by the concerned body, and the relevant proponent, body and stakeholders shall act accordingly while submitting or implementing any proposal. Chapter-3
Pollution Control

15.
Environment Protection Act, 2019

Chapter-3
Pollution Control

15. Pollution Control: (1) The Government of Nepal may, by notification in the Nepal Gazette, determine necessary standards for the mitigation or remediation of pollution from any vehicle, machine, equipment, industrial establishment, hotel, restaurant or other place or goods, or the effects from the release or emission of hazardous substances or any activity.

(2) No person shall cause or permit pollution in a manner that significantly adversely affects human life, public health and the environment, or do or cause to be done any act contrary to the standards determined by the Government of Nepal pursuant to subsection (1).

(3) No person or group going to the Himalayan or high hill region for mountain climbing, trekking, sightseeing or any other purpose shall do or cause to be done any act that causes pollution contrary to the standards determined by the Government of Nepal and adversely affects the environment.

(4) If any person appears to have adversely affected the environment by doing any act contrary to subsection (2) or (3), the Department may give directions to the concerned person, group or institution to adopt measures for pollution mitigation or remediation, impose necessary conditions, or prohibit the doing of any act that may adversely affect the environment.

(5) If the use of any substance, fuel, tool, machine or equipment has or appears likely to have a significant adverse effect on the environment, the Department may submit a written report to the Ministry for necessary action.

(6) Upon receipt of a written report from the Department pursuant to subsection (5), the Ministry may, after consulting with the concerned body or other stakeholders as necessary, prohibit the use of such substance, fuel, tool, machine or equipment, or the production, import, sale, distribution or storage of such materials, and a notice of such prohibition shall be published in the Nepal Gazette.

(7) The Department shall, from time to time, monitor and evaluate compliance with the standards determined pursuant to subsection (1).

(8) Other provisions relating to pollution control shall be as prescribed. 16.