chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Airlines Corporation Act, 1963

Chapter-4

Fund, Accounts, and Audit

16. Fund of the Corporation: (1) The Corporation shall have a separate fund of its own. All income of the Corporation shall be credited to that fund, and all expenses shall be borne from that fund. Amended by the Second Amendment. (2) The amount credited to the Corporation's fund shall be deposited, where Nepal Rastra Bank is located, in that bank, and where Nepal Rastra Bank is not located, in a bank designated by the Committee. If it is necessary to maintain a fund abroad for the operations of the Corporation, it shall be maintained, with the approval of the Government of Nepal, in a bank recommended by Nepal Rastra Bank. Explanation: The term "bank" includes branches and sub-branches of the bank. Added by the Third Amendment.16A. Balance sheet to be prepared and audited within four months: The Corporation shall prepare its balance sheet and profit and loss account and have them audited within four months of the end of its fiscal year. Amended by the Third Amendment.17. Audit: The audit of the Corporation shall be made in accordance with the prevailing law of Nepal. 18. Profit and Loss: At the end of each fiscal year, from the profit of that year, after setting aside such sums for reserve, depreciation, and other necessary sums as the Corporation deems fit, the remaining amount shall be deposited with the Government of Nepal. If there is a loss, it shall be compensated by the Government of Nepal. 19. Liability of Officers of the Corporation for Loss or Damage: No Director, Managing Director, or employee of the Corporation shall be personally liable for any loss or damage incurred while acting in accordance with the authority given to him/her, unless he/she acted dishonestly or knowingly misappropriated funds. Provided that nothing in this section shall be deemed to prevent any person from being liable to any penalty imposed for acting contrary to the rules made under this Act. Chapter-5

Miscellaneous

Amended by the Third Amendment.20. Power of Government of Nepal to Suspend a Director: If necessary for the investigation of an allegation against a Director under this Act, the Government of Nepal may suspend such Director and may appoint another person as Director in place of the suspended Director until the investigation proceedings are concluded. 21.
Nepal Airlines Corporation Act, 1963

21. Prohibition: (1) A Director, Managing Director, or employee of the Corporation shall not participate in any contract or lease entered into with the Corporation, and no person taking any contract or lease with the Corporation shall make them a partner.

(2) If any person is found to have done any act prohibited by sub-section (1), such contract or lease shall be void, and no claim for any type of expense or compensation in relation to that contract or lease shall be made by the person taking the contract or lease or by anyone on his/her behalf. Explanation: The Managing Director, Director, or employee shall be deemed to be a partner in the following circumstances: -

(a) If, in a contract or lease with the Corporation, his/her own name or the name of any member of his/her joint family, or on behalf of a company in which he/she is a Managing Director or agent, is included as a partner, or

(b) If he/she is a shareholder in any firm or private limited company that is a partner in a contract or lease with the Corporation. 22. Oath of Secrecy and Fidelity to be Taken: Before assuming office, every Director, Managing Director, Deleted by the Third Amendment. officer, and other employee of the Corporation shall take an oath Amended by the Third Amendment. according to the Schedule. 23. Settlement of Disputes by Arbitrator: (1) Deleted by the Third Amendment. If any dispute arises between the Committee, the Managing Director, or any other officer or employee of the Corporation concerning any contract existing between them, such dispute shall be settled only by a single arbitrator appointed by the Government of Nepal, as the case may be.

(2) The arbitrator shall have the same powers as a court in respect of hearing witnesses and evidence, summoning parties, and requiring the production of documents for the dispute referred to the arbitrator under sub-section (1).

(3) The decision of the arbitrator shall be final and binding on both parties. 24. Dissolution: The Corporation shall not be dissolved without an order of the Government of Nepal. If dissolution is required, it shall be carried out according to the decision given by the Government of Nepal in this regard. 25.
Nepal Airlines Corporation Act, 1963

24. Dissolution: The Corporation shall not be dissolved without an order of the Government of Nepal. If dissolution is required, it shall be carried out according to the decision given by the Government of Nepal in this regard. 25. Penalties: (1) If any person obstructs an auditor appointed under this Act, or an accountant or other employee authorized by him/her, in the performance of their duties, or without reasonable cause fails to provide any document or information demanded under the authority of this Act or rules made thereunder, or is negligent in providing them, such person shall be liable to a fine of up to Nepalese Rupees 1,000 (one thousand).

(2) If any person knowingly makes or causes to be made any false statement in any bill of lading, warehouse receipt, or any other document deposited or to be deposited with the Corporation as security for any facility granted by the Corporation under this Act, such person shall be liable to imprisonment for up to two years, or a fine of up to Nepalese Rupees 2,000 (two thousand), or both.

(3) If any person uses the name of the Corporation in any prospectus or advertisement without the written consent of the Corporation, such person shall be liable to imprisonment for up to one year, or a fine of up to Nepalese Rupees 1,000 (one thousand), or both.

(4) If any person who is for the time being a Director, Managing Director, or employee of the Corporation violates Section 21 by participating in or being a partner in any contract or lease, such person shall be liable to imprisonment for up to one year, or a fine of up to Nepalese Rupees 1,000 (one thousand), or both.

(5) No court shall take cognizance of any offense punishable under this Act except upon a written complaint signed by an officer authorized for that purpose by the Corporation. Provided that nothing in this sub-section shall prevent the Government of Nepal from taking action or requesting action.

(6) The jurisdiction for the initial hearing and disposal of cases under this Act shall be with the Amended by the Some Nepal Acts Amendment Act, 2072. High Court. 26. Annual Report: Amended by the Third Amendment. Within two months of the audit of the Corporation's accounts under Section 17 and receipt of the audit report, the Managing Director shall submit the annual report of the Corporation to the Committee. The Committee shall consider the report so submitted within one month and forward it to the Government of Nepal with its conclusions. 27. Power to Make Rules: Amended by the Third Amendment. The Government of Nepal may make rules for the purpose of implementing this Act. 27A.
Nepal Airlines Corporation Act, 1963

The Committee shall consider the report so submitted within one month and forward it to the Government of Nepal with its conclusions. 27. Power to Make Rules: Amended by the Third Amendment. The Government of Nepal may make rules for the purpose of implementing this Act. 27A. Power to Make Regulations: Added by the Second Amendment. Subject to this Act and the rules made under this Act, the Corporation may make regulations to regulate all its work and activities. Provided that the Corporation must obtain the approval of the Government of Nepal when making regulations on the following matters: -

(a) Determining the duties, functions, and powers of Directors,

(b) Regulating the salary, allowances, gratuity, pension, and welfare fund of the Corporation's employees. 28. Application in case of conflict: Matters stated in this Act or the rules made under this Act shall be dealt with accordingly, and on other matters, the prevailing law of Nepal shall apply. 29. Repeal and Validation: Amended by the First Amendment. (1) The Nepal Airlines Corporation Act, 2014 is repealed. Amended by the First Amendment. (2) All acts and proceedings done in relation to the Corporation before the commencement of this Act shall be deemed to have been done under this Act. Schedule

(Relating to Section 22)

Oath of Honesty and Confidentiality

I, do swear that I will, to the best of my ability and capacity, faithfully and honestly perform the duties incumbent upon me in all proper matters relating to my office as a Director, Managing Director, employee, or auditor of the Corporation. I further swear that I will not disclose or cause to be disclosed any information concerning the Corporation to any unauthorized person, nor permit any unauthorized person to inspect or take possession of any book or document under the control of the Corporation and relating to it.
Individual Privacy Act, 2018

Chapter-2
Personal and Family Privacy

3. Privacy of Physical and Private Life of a Person: (1) The privacy of matters relating to the physical and mental condition of every person shall be inviolable.

(2) Matters relating to the physical privacy of any person shall remain inviolable without the consent of the concerned person, except during the medical or health examination, treatment, or emergency rescue operation of such person.

(3) Every person shall have the right to maintain the privacy of matters such as biological or genetic identity, gender identity, sexuality, sexual relations, conception or abortion, virginity, masculinity, impotence, or physical disease relating to his/her private life.

(4) No person shall, in a manner that affects, traumatizes, or dishonors the private life of any person, make public or cause to be made public, by writing, speaking, publishing, using electronic means, or in any other way, any of the matters referred to in subsection (3) relating to such person.

(5) Notwithstanding anything contained elsewhere in this section, the privacy of a person's physical or mental condition or private life may be disclosed in the following circumstances:-

(a) If the matter is one for which the consent of the concerned person has been obtained,

(b) If the matter is one which the concerned person has voluntarily made public themselves,

(c) If the matter is one investigated by an officer authorized to conduct investigation or prosecution in the course of an offense,

(d) If, in order to obtain any facility or concession, the matter relating to subsection (3) or the person's physical condition or private life needs to be disclosed, and such person has obtained or desires to obtain such facility or concession. 4. Family Privacy to be Maintained: (1) Every person shall have the right to maintain family privacy for maintaining family life or family integrity.

(2) Matters relating to the privacy of each other that are known only between the husband and wife during the course of marital life shall be inviolable, except when necessary in the context of a case pending between the husband and wife. 5.
Individual Privacy Act, 2018

5. Not to Conduct Body Search: (1) No person shall be searched, nor shall any object in his/her possession or used by him/her be searched, without obtaining the consent of such person.

(2) Notwithstanding anything contained in subsection (1), if it is necessary to search a person in the course of a security check or investigation of a criminal offense pursuant to the prevailing law, a search may be conducted by an officer authorized by law or by any person or security personnel deployed for security purposes under the order of such officer.

(3) An officer deployed for conducting a security check pursuant to subsection (2) shall carry the authorization received by him/her for the security check and shall show it to the concerned person if he/she wishes to see it before the search is conducted.

(4) For the purposes of this section, security personnel deployed on duty wearing insignia and uniform according to their rank for regular or emergency security checks in any public place shall be deemed to have the authorization for security checks. 6. Privacy Relating to Reproductive Health and Pregnancy: The matters relating to the reproductive health and pregnancy of every woman shall be inviolable, and without her consent, information on such matters shall not be given to anyone else or made public. Provided that it shall not be deemed an obstacle to discuss such matter among concerned experts during the course of health treatment, or to inform the spouse or family member of such person, or if the person is below eighteen years of age or not of sound mind, to inform his/her guardian. Chapter-3
Privacy Relating to Residence

7.
Individual Privacy Act, 2018

Chapter-3
Privacy Relating to Residence

7. Privacy of Residence to be Maintained: (1) Every person shall have the right to privacy of his/her residence.

(2) No person shall enter or cause to enter, or search or cause to search, the residence of any person, except by an officer authorized by law to conduct a search or under the order of such officer.

(3) While entering pursuant to subsection (2), no person shall enter or cause to enter, or search or cause to search, in a manner that violates the privacy of the private life of the concerned person or a member of his/her family.

(4) If a person is arrested outside his/her residence by an officer authorized by law or under the order of such officer, his/her residence shall not be searched or caused to be searched solely on the ground of such arrest.

(5) If, upon arrest of a person pursuant to subsection (4), there are reasonable grounds to also search his/her residence, a separate order from an officer authorized by law shall be obtained for that purpose, and the residence may be searched accordingly.

(6) Notwithstanding anything contained elsewhere in this section, entry into the residence of any person may be made for the purpose of disaster management or emergency rescue.

(7) Matters relating to maintaining the privacy of residence and other provisions relating to search or investigation shall be as per the prevailing law. 8. Notice to be Given While Entering Residence: (1) If it is necessary to search someone's residence pursuant to section 7 in the course of a criminal offense, a written notice shall be given to such person stating the purpose for which entry into the residence is required.

(2) While entering any person's residence pursuant to subsection (1), the conditions and procedures pursuant to the prevailing law shall be fulfilled. Provided that, if the accused is likely to flee or escape or evidence is likely to be destroyed if the search is not conducted immediately, entry may be made by recording such fact. 9. Not to Install CCTV Camera in Residence: No person shall, without the consent of any person, install or cause to be installed a CCTV camera in his/her residence or in a manner that collects personal information relating to the user of such residence. Chapter-4

Privacy Relating to Property

10.
Individual Privacy Act, 2018

9. Not to Install CCTV Camera in Residence: No person shall, without the consent of any person, install or cause to be installed a CCTV camera in his/her residence or in a manner that collects personal information relating to the user of such residence. Chapter-4

Privacy Relating to Property

10. Privacy of Property to be Maintained: (1) Every person shall have the right to keep his/her property and details of such property confidential.

(2) No person shall, without the permission or consent of the owner of another person's house, land, vehicle, or other property, enter such property in an unauthorized manner.

(3) No public body or organized institution that maintains details of a person's property or may have knowledge thereof, nor any employee working in such institution, shall, without the consent of the concerned person, in any manner, inform or make public or cause to be made public the details of any person's property to anyone else.

(4) Notwithstanding anything contained in subsection (1) or (3), if the property details are requested under the order of an authorized officer in the course of an investigation of an offense, or are requested by a court in the context of a case filed against a person on the same subject, the concerned body, organized institution, or officer maintaining the record of property details shall provide such record. Chapter-5

Privacy Relating to Documents

11.
Individual Privacy Act, 2018

Chapter-5

Privacy Relating to Documents

11. Privacy of Documents to be Maintained: (1) Every person shall have the right to privacy of personal documents relating to him/her.

(2) For the purposes of subsection (1), the following documents shall be considered personal documents of the concerned person:-

(a) Certificates relating to educational qualification,

(b) Medical history, certificates, or health examination reports,

(c) Citizenship certificate, passport, voter identity card, driving license, or other documents of a similar nature disclosing identity,

(d) Account held in a bank or details of the amount in such account,

(e) Cheques, drafts, debit cards, credit cards, bank account statements, or other negotiable instruments relating to banking and financial transactions,

(f) Biological or genetic details (biometric data) and thumbprints/signatures,

(g) Land ownership certificates relating to immovable property or other documents relating to land ownership,

(h) Vehicle ownership documents (blue book) or documents relating to ownership of other property,

(i) Securities or details relating thereto,

(j) Employees Provident Fund identity card, pension document, or other documents of a similar nature,

(k) Other documents as prescribed.

(3) No person shall make public or cause to be made public the personal documents referred to in subsection (2) of any person held by a public body.

(4) Notwithstanding anything contained in subsection (1) or (3), the personal documents of any person or any details thereof may be made public or caused to be made public, or any details thereof may be studied, researched, or examined or caused to be studied, researched, or examined, in the following circumstances:-

(a) If the consent of the concerned person is obtained,

(b) If an identity document disclosing a person's identity is required for the purpose of availing public service,

(c) If there is an order from a court or an officer authorized by law in the course of a case,

(d) If an order is given by an authorized officer in the course of investigation or prosecution of a criminal offense. Chapter-6

Privacy Relating to Data

12. Privacy of Data to be Maintained: (1) Every person shall have the right to keep personal data or details relating to him/her confidential.

(2) While collecting personal or family data of any person, his/her consent shall be obtained.

(3) Data collected by a public body or organized institution with the consent of the concerned person pursuant to subsection (2) shall be used only for the purpose for which it was collected.
Individual Privacy Act, 2018

Provided that, if data is requested for the purpose of national security or peace and order, it shall not be deemed an obstacle to provide such data pursuant to the prevailing law.

(4) Without the consent of any person, no one shall give or make public or cause to be made public to anyone else the following data relating to him/her:-

(a) Details relating to health examination,

(b) Details relating to property and income,

(c) Details relating to employment,

(d) Details relating to family matters,

(e) Biological details and thumbprints/signatures,

(f) Signature or electronic signature,

(g) Political affiliation and details relating to elections,

(h) Details relating to business or transaction.

(5) Notwithstanding anything contained in subsection (4), if it is necessary to provide any personal data or details to a court or a body or officer authorized by law in the course of investigation of a criminal offense, such data or details shall be provided.

(6) Notwithstanding anything contained in subsection (4), if a question arises regarding matters such as a person's age, qualification, character, sexuality, disability, and an authorized officer requests, the concerned person shall provide such details or documents. Chapter-7

Privacy Relating to Correspondence

13. Privacy of Correspondence to be Maintained: (1) Every person shall have the right to maintain the privacy of his/her letters, correspondence, electronic mail (email), communication transmitted through electronic means, or other correspondence of a similar nature.

(2) No person shall, without authorization, read, view, make available to anyone else, publish, transmit, or in any other way make public, the letters, correspondence, electronic mail (email), communication transmitted through electronic means, or other correspondence of a similar nature of any person as per subsection (1).

(3) Notwithstanding anything contained in subsection (2), with the consent of the concerned person or under the order of an officer authorized pursuant to the prevailing law in the course of investigation of a criminal offense, the letters, correspondence, electronic mail (email), communication transmitted through electronic means, or other correspondence of a similar nature of any person may be made available or caused to be made available. 14. Not to Open Letters: (1) No person shall, without authorization, open or cause to be opened anyone's personal letters, except with the consent of the concerned person or under the order of an officer authorized pursuant to the prevailing law in the course of investigation of a criminal offense.

(2) No person shall open, view, or forward (forward) the electronic mail (email) of another person. Chapter-8

Privacy Relating to Character

15.
Individual Privacy Act, 2018

Chapter-8

Privacy Relating to Character

15. Privacy of Character to be Maintained: (1) Every person shall have the right to maintain the privacy of his/her character, personal conduct, and behavior.

(2) If any question arises regarding the character, conduct, or behavior of a person, no one shall make any comment regarding his/her character, except in the course of an investigation into the matter and action pursuant to law.

(3) No person shall do or cause to be done any act, or make public or cause to be made public any matter relating to his/her conduct or behavior, in a manner that damages the character of any person, causes his/her disgrace or insult, hurts his/her self-respect, or adversely affects his/her family life. 16. Not to Click or Sell Photos: (1) No person shall, without the consent of any person, click his/her photo in a manner that harms his/her character or social reputation, or with the intent to defame him/her, create another photo in any manner by placing his/her photo with someone else's photo, or create another photo by merging part of one person's photo with another part of another person's photo, publish, make public, or cause to be made public.

(2) Notwithstanding anything contained in subsection (1), if someone clicks a photo in a public place or while clicking a photo of a person, the photo of another person present in such place is also incidentally captured, such act shall not be deemed an offense. Provided that the photo incidentally captured shall not be used contrary to subsection (1).

(3) No person shall, with the intent to harass, trouble, take any undue advantage from any person, or gain advantage by commercial use of the photo, publish, publicize, buy, sell, or make public or cause to be made public the photo of any person without his/her consent. 17. Not to Make Public a Person Under Investigation: Until a charge sheet is filed in the concerned body regarding an offense alleged against any person under investigation pursuant to law, an authorized officer shall not make public or cause to be made public such person in any manner. Provided that it shall not be an obstacle to make public the name of the person so accused and the details or information of the accusation against him/her. 18. Not to Disclose Confidential Matters: If someone has learned from a person in the course of his/her professional work any matter relating to someone's conduct, such person shall not disclose such matter to anyone, except with the consent of the concerned person or under the order of an authorized officer. Chapter-9

Electronic Means and Privacy

19.
Individual Privacy Act, 2018

Chapter-9

Electronic Means and Privacy

19. Privacy of Electronic Means to be Maintained: (1) Every person shall have the right to maintain the privacy of any personal information, documents, correspondence, data, or matters relating to character in electronic means.

(2) No person shall, without authorization, obtain, breach the privacy of, or make available to anyone else without authorization, the information, knowledge, or correspondence of any person in electronic means.

(3) No person shall, without the consent of the concerned persons or an order from an officer authorized by law, use any mechanical device to listen to any communication or conversation between two or more persons via electronic means, or record or cause to be recorded the sound thereof. Provided that the provisions of this subsection shall not apply to speeches or statements made publicly.

(4) Notwithstanding anything contained in subsection (2) or (3), with the consent of the concerned person or under the order of an authorized officer, any information, knowledge, or correspondence may be listened to, sound recorded or caused to be recorded.

(5) Other provisions relating to the privacy of electronic information and data shall be as prescribed. 20. Relating to Installing CCTV Cameras in Public Places: (1) If it is necessary to install CCTV cameras in any public place, such cameras may be installed or caused to be installed in places other than toilets, bathrooms, or changing rooms.

(2) In a place where CCTV cameras are installed pursuant to subsection (1), a notice shall be provided in a manner visible and known to all about the installation of such cameras.

(3) Provisions relating to installing CCTV cameras in any place shall be as prescribed. 21. Not to Conduct Surveillance or Espionage: No electronic means, photography, or method shall be used to conduct surveillance or espionage of any person's residence or any office, or with the intent to obtain any matter that is confidential under this Act. 22. Not to Use Drones: Except for the border areas of the country or public places, no kind of drone or device of a similar nature shall be used, nor shall any act be done with the intent to obtain any confidential information, without the permission of an authorized officer or such person, in any public body, area of archaeological importance, building of a security agency, protected area, or area containing mines and minerals, or in any person's residence. Chapter-10

Collection and Protection of Personal Information

23.
Individual Privacy Act, 2018

Chapter-10

Collection and Protection of Personal Information

23. Not to Collect Personal Information Except Pursuant to Law: (1) No person other than an officer authorized by law or a person permitted by such officer shall collect, store, protect, analyze, process, or publish personal information of any person.

(2) Notwithstanding anything contained in subsection (1), for the purpose of conducting a study or research on a specific subject or collecting public opinion, information provided by the concerned person may be collected with his/her consent.

(3) While collecting information pursuant to subsection (2), it shall not be collected without providing full information to such person about the purpose for which the information is being collected. Explanation: If information regarding the subject of data collection is disseminated or made public through mass media addressing the general public, such information shall be deemed to have been provided for the purposes of this section.

(4) While collecting information pursuant to subsection (2), the following matters shall be clearly mentioned:-

(a) Time of information collection,

(b) Subject matter of the information,

(c) Nature of the information,

(d) Purpose of information collection,

(e) Method and procedure of information examination,

(f) Assurance regarding the confidentiality of the collected information,

(g) Matters including the security of the collected information.

(5) When an officer authorized by law to collect information collects information of any person, it shall be collected by obtaining information from the concerned person themselves.

(6) Notwithstanding anything contained in subsection (5), the following persons may provide information on behalf of the following persons:-

(a) In the case of a person below the age of eighteen years or not of sound mind, if providing such information is not detrimental to his/her interest, his/her guardian or custodian,

(b) In the case of another person, his/her agent or representative authorized by him/her.

(7) An authorized officer pursuant to subsection (1) shall not collect personal information except in the following circumstances:-

(a) If such officer has collected personal information exercising authority pursuant to the same law under which he/she collects it,

(b) If there is a provision in the prevailing law for such officer to collect such information,

(c) If collected in the course of investigation, prosecution, or court proceedings of a criminal offense, or law enforcement,

(d) If an organized institution or public body collects information regarding a person who is currently holding or is about to hold any post in such institution, or such information falls under the approved program of such institution or body.

(8) Other provisions relating to the collection, processing, analysis, and use of personal data shall be as prescribed. 24.
Individual Privacy Act, 2018

26. Not to Use Personal Information Without Consent: (1) Personal information collected by a public body or organized institution or under the charge or control of such body or institution shall not be used or given to anyone without the consent of the concerned person, except in the following circumstances:-

(a) If the personal information has been made public or distributed for the same purpose for which it was collected,

(b) If requested in writing by an officer authorized to conduct investigation or prosecution in the course of investigation or prosecution of a criminal case,

(c) If ordered by a court in the course of proceedings of a case pending in court,

(d) If a question arises regarding the qualification or any other matter of a person holding a public office pursuant to the prevailing law, and it is necessary to resolve it,

(e) If a question on a specific subject arises and a specific type of information is requested in writing by an authorized officer to resolve it.

(2) Notwithstanding anything contained in subsection (1), an authorized officer of the body responsible for collecting or protecting personal information may make public or cause to be made public any personal information for the purpose of study or research conducted for public purpose in the following circumstances:-

(a) If the subject being researched cannot be completed without personal identification,

(b) If providing personal information for the purpose of research does not cause harm or loss to the concerned person,

(c) If the concerned person has consented at the time of receiving personal information for public purpose or at any time thereafter.

(3) Notwithstanding anything contained in this section, personal information may be provided for the purposes of an officially established archive by the Government of Nepal or a Provincial Government in the following circumstances:-

(a) If it is information that does not adversely affect the personal status, professional or personal privacy of the concerned person,

(b) If such information is provided for historical research or collection or compilation of historical facts or information,

(c) If it is personal information of a person and thirty years or more have elapsed since the death of such person,

Provided that, if making such personal information public causes dishonor to such person or causes any kind of harm, loss, or dishonor to his/her heirs or descendants, such information shall not be provided.

(d) If such information has been archived for one hundred years or more. 27.
Individual Privacy Act, 2018

27. Not to Process Sensitive Information: (1) A public body shall not process or cause to be processed any sensitive personal information under its charge or control.

(2) For the purposes of subsection (1), the following information shall be considered sensitive personal information of the concerned person:-

(a) His/her caste, ethnicity, or origin,

(b) Political affiliation,

(c) Religious faith or belief,

(d) Physical or mental health or condition,

(e) Sexual orientation or events relating to sexual life,

(f) Details relating to property.

(3) Notwithstanding anything contained in subsection (2), such information may be processed in the following circumstances:-

(a) In the course of prevention of disease, protection of public health, disease diagnosis, health treatment, management of health institutions, and provision of health services by a licensed medical practitioner of the concerned subject or, under his/her direction, by a health worker in a manner that does not cause dishonor or humiliation to the concerned person,

(b) If the concerned person has already made the information public. 28. Application May Be Filed to Correct Information: (1) If any person believes that any information relating to him/her held under the charge, protection, or control of a public body is incorrect or not based on facts, such person may, at any time, file an application in the prescribed format with the concerned public body to correct and rectify such information. Provided that, if such person has already received any benefit, advantage, or facility based on such information, he/she shall not be allowed to file an application to correct it.

(2) While filing an application pursuant to subsection (1), such person shall submit details of the reasons why such information is incorrect or not based on facts, along with evidence to confirm or verify the facts or details claimed by him/her.

(3) Upon receipt of an application pursuant to subsection (1), the public body shall conduct an inquiry as prescribed and, if it appears necessary to correct and rectify such information, may make necessary corrections and rectify it. Chapter-11

Offenses and Penalties

29.
Individual Privacy Act, 2018

Chapter-11

Offenses and Penalties

29. Offenses and Penalties: (1) If any person commits or causes to be committed any of the following acts, he/she shall be deemed to have committed an offense under this Act:-

(a) Any act contrary to subsections (1), (2), and (4) of section 3,

(b) Any act contrary to subsection (2) of section 4,

(c) Any act contrary to subsection (1) of section 5,

(d) Any act contrary to section 6,

(e) Any act contrary to subsections (2), (3), and (4) of section 7,

(f) Any act contrary to section 9,

(g) Any act contrary to subsections (2) and (3) of section 10,

(h) Any act contrary to subsection (3) of section 11,

(i) Any act contrary to subsection (4) of section 12,

(j) Any act contrary to subsection (2) of section 13,

(k) Any act contrary to section 14,

(l) Any act contrary to subsections (2) and (3) of section 15,

(m) Any act contrary to section 16,

(n) Any act contrary to section 18,

(o) Any act contrary to subsections (2) and (3) of section 19,

(p) Any act contrary to section 21,

(q) Any act contrary to section 22,

(r) Any act contrary to subsections (1), (3), and (7) of section 23,

(s) Any act contrary to subsection (1) of section 26,

(t) Any act contrary to subsection (1) of section 27.

(2) For an offense under subsection (1), the penalty shall be imprisonment for a term up to three years or a fine of up to thirty thousand rupees, or both.

(3) The offense under clauses (c), (e), (p), (q), (r), (s), or (t) of subsection (1) shall be a state case, and such offense shall be deemed to be included in Schedule-1 of the National Criminal Procedure (Code) Act, 2074. 30. Complaint May Be Filed: (1) Except as mentioned in subsection (3) of section 29, for any other offense under this Act, the concerned person may file a complaint in the concerned District Court.

(2) While filing a complaint pursuant to subsection (1), it must be filed within three months from the date of such act. 31. Compensation: (1) If any person suffers any kind of harm, loss, or damage due to an act deemed an offense or any other act under this Act, the concerned or aggrieved person may file a complaint in the concerned District Court to also recover compensation for such harm, loss, or suffering.

(2) Upon receipt of a complaint pursuant to subsection (1), if the concerned District Court finds it necessary to award compensation, it shall order the offender to pay reasonable compensation to the aggrieved person. 32.
Individual Privacy Act, 2018

34. Not Deemed to be an Obstruction: (1) Nothing contained in this Act shall be deemed to obstruct the doing of the following in relation to the persons mentioned in subsection (2):-

(a) To obtain any information or knowledge in the course of court proceedings,

(b) To obtain any personal information or details in relation to investigating or prosecuting an offense according to law,

(c) To make public details of his/her property pursuant to the prevailing law,

(d) To make public by the concerned body details disclosing identity including his/her educational qualification, citizenship, passport, driving license,

(e) To publish or transmit or in any manner make public any information, knowledge, data, news, photo obtained or collected in the course of maintaining public interest and transparency or conducting investigative journalism, except matters prohibited by the prevailing law relating to printing press and newspapers and national broadcasting, provided that it is not contrary to the fundamental norms of personal privacy,

(f) To publish or transmit statements, views expressed publicly by him/her, or audio-visual materials and photos taken at a publicly organized event,

(g) To make healthy comments with basis, reason, or evidence regarding details of his/her property and details pursuant to clause (d), or statements, views expressed publicly by him/her, or details relating to his/her public work.

(2) For the purposes of subsection (1), "person" means the following persons:-

(a) A person holding a public office,

(b) A person who has joined the formal process of appointment, nomination, or election to a public office or has been recommended for such office,

(c) A person who has retired or been released from a public office,

(d) A person who is publicly known or falls under public interest or concern,

(e) A person who, for reasons of public interest, integrity, or morality, or because an act contrary to law has been or is about to be committed, appears to require the dissemination of information or knowledge to the general public. 35. Not to Act Contrary to This Act: Any public information dissemination body shall disseminate information in a manner not contrary to this Act. 36. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act.
Water Resources Act, 1992

Water Resources Act, 2049

Royal Seal and Publication Date
2049.9.02

Certification and Publication Date
2066.10.7

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
2. Some Nepal Acts Amendment Act, 2072 2072.11.13
3. Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 2075.11.19

Act No. 40 of the Year 2049



An Act Made to Provide for Water Resources

Preamble: Whereas, it is expedient to make legal provisions for the proper utilization, conservation, management and development of water resources existing on the surface, underground or in any other state within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., and for determining the beneficial uses of water resources, preventing environmental and other harmful effects from such use, and keeping water resources free from pollution;

Now, therefore, Parliament has enacted this Act in the twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Water Resources Act, 2049".

(2) This Act shall come into force on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. 2. Definitions: In this Act, unless the subject or context otherwise requires,-

(a) "Water Resources" means water existing on the surface, underground or in any other state within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(b) "Beneficial Use" means the use of water resources made in a proper manner to the extent possible with available means and resources.

(c) "Licensee" means a person or an incorporated body who has obtained a license under Section 8 to use water resources.

(d) "Consumer Association" means a water consumer association formed under Section 5.

(e) "Prescribed" or "As Prescribed" means prescribed or as prescribed in the Rules made under this Act. 3. Ownership of Water Resources: The ownership of water resources within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be vested in Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. 4.
Water Resources Act, 1992

3. Ownership of Water Resources: The ownership of water resources within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be vested in Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. 4. Use of Water Resources: (1) No person shall use water resources without obtaining a license under this Act.

(2) Notwithstanding anything contained in Sub-section (1), a license shall not be required to use water resources as follows:-

(a) For drinking water and other domestic use for oneself, individually or collectively,

(b) For irrigation of one's own land, individually or collectively,

(c) To operate a water mill or water wheel as a cottage industry,

(d) To use stones for local travel, individually,

(e) For a land owner to use water resources confined within his land only as prescribed.

(3) A person or an incorporated body using water resources shall make beneficial use thereof in such a manner as not to cause harm to others. 5. Formation of Water Consumer Association: (1) Persons desiring to use water resources institutionally for collective benefit may form a water consumer association as prescribed.

(2) A water consumer association formed under Sub-section (1) shall be registered as prescribed with the prescribed authority or body. 6. Consumer Association to be an Incorporated Body: (1) A consumer association shall be a self-governing and incorporated body with perpetual succession.

(2) The consumer association shall have a separate seal for all its acts and proceedings.

(3) The consumer association may, like a natural person, acquire, possess, sell or otherwise dispose of movable and immovable property.

(4) The consumer association may, like a natural person, sue and be sued in the same name. 7. Priority Order for Use of Water Resources: (1) While using water resources, the following priority order shall generally be followed:-

(a) Drinking water and domestic use,

(b) Irrigation,

(c) Agricultural uses such as livestock farming and fish farming,

(d) Hydropower,

(e) Cottage industry, industrial enterprise and mining uses,

(f) Water transportation,

(g) Recreational use,

(h) Other uses.

(2) If any dispute arises while using water resources, the committee prescribed shall, taking into account the priority order under Sub-section (1), whether the water resources have been beneficially used under Sub-section (3) of Section 4, and other necessary inquiries, determine on that basis whether the concerned water resource may be used or not, or in what manner it may be used.

(3) The determination made by the prescribed committee under Sub-section (2) shall be binding on all concerned.

(4) The procedure to be followed by the prescribed committee in determining the matters referred to in Sub-section (2) shall be as prescribed. 8.
Water Resources Act, 1992

8. Provisions Relating to License: (1) A person or an incorporated body desiring to survey or use water resources shall submit an application to the prescribed authority or body for a license, along with an economic, technical and environmental study report of the relevant subject and details as prescribed. Provided that, while submitting an application for a license to survey water resources, it shall not be necessary to attach such a study report.

(2) Upon receipt of an application under Sub-section (1), the prescribed authority or body shall, after making or causing to be made necessary inquiries, grant a license to the applicant in the form as prescribed, within thirty days in the case of a license for survey of water resources, and within one hundred twenty days in the case of a license for use of water resources, stipulating necessary conditions according to the priority order referred to in Sub-section (1) of Section 7.

(3) Except as provided in Sub-section (2) of Section 4, a person or an incorporated body who has been using water resources even before the commencement of this Act shall also submit an application for a license to the prescribed authority or body within one year from the date of commencement of this Act, along with prescribed particulars.

(4) Upon receipt of an application under Sub-section (3), the prescribed authority or body shall, after making necessary inquiries, grant a license in the form as prescribed within sixty days from the date of application.

(5) A licensee shall pay to the Government of Nepal such fee or annual charge as prescribed for the use of water resources.

(6) If a licensee has to sell or otherwise transfer his license to any person, he shall obtain approval from the prescribed authority or body as prescribed. 9. Use of Water Resources for Hydropower: (1) Notwithstanding anything contained in Section 8, the license for surveying and using water resources for the generation of hydropower shall be governed by the prevailing law.

(2) Other matters relating to the use of water resources in the course of generating hydropower shall be governed by this Act. 10. Government of Nepal May Use or Develop Water Resources: (1) Nothing in this Act shall be deemed to prevent the Government of Nepal from itself using or developing any water resource.

(2) The Government of Nepal may itself take over and develop any water resource used by any person under this Act, and the land, buildings, equipment and structures connected therewith, for extensive public use.