chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Interpretation of Laws Act, 1953

Amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020.(i) "Nepal Government" means—

(a) in relation to any act done from the commencement of the Nepal Interim Government Act until Ashadh 15, 2016, when a Council of Ministers existed, His Majesty the King Maharajadhiraja acting on the advice of Ministers according to the Nepal Interim Government Act, and when no Council of Ministers existed, His Majesty the King Maharajadhiraja acting on the advice of members of the Council of Ministers or exercising Royal Prerogative; and

(b) in relation to any act done or to be done from Ashadh 16, 2016, to Marga Manta 2019, when a Council of Ministers existed, His Majesty the King Maharajadhiraja acting on the recommendation of the Council of Ministers according to the Constitution of the Kingdom of Nepal, or on the recommendation of a Minister authorized by the Prime Minister to act in relation to any question, and when no Council of Ministers existed, His Majesty the King Maharajadhiraja exercising powers according to other provisions of that Constitution; and

Amended by Some Nepal Laws Amendment Act, 2053.(c) in relation to any act done or to be done from Poush 1, 2019, to Kartik 22, 2047, His Majesty the King Maharajadhiraja acting on the advice of the Council of Ministers according to the Constitution of Nepal, or in an emergency exercising powers under Article 81A. of that Constitution, removed by Some Nepal Laws Amendment Act, 2063

Amended by Some Nepal Laws Amendment Act, 2063.(d) in relation to any act done or to be done from Kartik 23, 2047, to Jestha 3, 2063, His Majesty the King Maharajadhiraja and the Council of Ministers exercising the executive power of the Kingdom of Nepal according to the Constitution of the Kingdom of Nepal, 2047, and other laws, removed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.(e) in relation to any act done or to be done from Jestha 4, 2063, to Poush 30, 2063, the Council of Ministers exercising the executive power of Nepal according to the Constitution of the Kingdom of Nepal, 2047, the Declaration of the House of Representatives, 2063, and other laws, removed by Some Nepal Acts Amendment Act, 2072

Amended by Some Nepal Acts Amendment Act, 2072.(f) in relation to any act done or to be done from Magh 1, 2063, to Ashwin 2, 2072, the Council of Ministers exercising the executive power of Nepal according to the Interim Constitution of Nepal, 2063, and other laws; and

Added by Some Nepal Acts Amendment Act, 2072.(g) in relation to any act done or to be done from Ashwin 3, 2072, the Council of Ministers exercising the executive power of Nepal according to the Constitution of Nepal and other laws.
Nepal Interpretation of Laws Act, 1953

Added by Some Nepal Acts Amendment Act, 2075.(i1) "Provincial Government" shall mean the Provincial Council of Ministers exercising the executive power of the Province according to Article 162 of the Constitution of Nepal. Added by Some Nepal Acts Amendment Act, 2075.(i2) "Local Executive" shall mean the Village Executive or Municipal Executive exercising the executive power of the local level according to Article 214 of the Constitution of Nepal. Amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020.(j) Words used in relation to His Majesty the King Maharajadhiraja mean:—

(a) in relation to acts done before Ashadh 16, 2016:—
(1) the Royal Council formed under the Royal Council Act, 2010, and the Royal Council Act, 2011; and
(2) His Majesty the Crown Prince acting by exercising the authority and Royal Prerogative granted by His Majesty the King Maharajadhiraja on Falgun 7, 2011; and
(3) the Regent appointed under the Royal Authority Delegation Act, 2012; and

(b) in relation to acts done or to be done from Ashadh 16, 2016, to Marga Manta 2019, any person exercising or authorized to exercise the powers of His Majesty the King Maharajadhiraja according to the Constitution of the Kingdom of Nepal; and

Amended by Some Nepal Laws Amendment Act, 2053.(c) in relation to acts done or to be done from Poush 1, 2019, to Kartik 22, 2047, the State Assistant or State Assistant Council authorized under the Constitution of Nepal, or any person or persons exercising powers under Article 22A. of that Constitution; and

Amended by Some Nepal Laws Amendment Act, 2063.(d) in relation to acts done or to be done from Kartik 23, 2047, to amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.Jestha 3, 2063, the Regent or Regent Council exercising powers under Sub-article (2) of Article 32 of the Constitution of the Kingdom of Nepal, 2047, and the State Assistant or State Assistant Council authorized under Article 34.

(k) Immovable Property—means land, profits arising therefrom, and things attached to the earth.
Nepal Interpretation of Laws Act, 1953

Amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020.(l) Nepal Act—This word shall mean any Act enacted after Falgun 7, 2007, amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.and any Act made by the Federation, Province or Local Level in accordance with the Nepal Interim Government Act, 2007, or the Constitution of the Kingdom of Nepal, or the Constitution of Nepal, amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.or the Constitution of the Kingdom of Nepal, 2047, amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.or the Declaration of the House of Representatives, 2063, or the Interim Constitution of Nepal, 2063, amended by Some Nepal Acts Amendment Act, 2075.or the Constitution of Nepal.

(m) Nepal Law—This word shall mean a Nepal Act or any Act, Sawal, Rule, amended by Some Nepal Acts Amendment Act, 2075.Order, Bye-law, or Directive or Procedure made under an Act that is enforceable as law in any part of Nepal.

(n) Month—This word shall mean a month calculated according to the Nepali calendar based on Sankranti.

(o) Movable Property—This word shall mean every kind of property other than immovable property.

(p) Oath—This word includes an affirmation or declaration made by a person who is permitted by an Act to make an affirmation or declaration instead of taking an oath.

(q) Offence—This word shall mean an act which, if done or omitted under the prevailing law, is punishable.

(r) Part—This word shall mean the part of a Nepal Act written as "Part" in that Act.

(s) Person—This word includes any company, association, or body of persons, whether incorporated or not.

(t) Prescribed—This word, when written as "prescribed" in an Act, shall mean prescribed according to rules made under that Act.

(u) Rule—This word shall mean a rule made in exercise of authority given by any Act, and also includes a bye-law made equivalent to a rule under any Act.

(v) Schedule—This word, when written as "Schedule" in an Act, shall mean the Schedule of that Act.

(w) Section—This word, when written as "Section" in an Act, shall mean the Section of that Act.

(x) Thumb Impression—This word includes the thumb impression of a person who cannot sign with his signature, and the grammatical variations thereof, as well as similar words.

(y) Son—This word includes an adopted son where an Act permits adoption.
Nepal Interpretation of Laws Act, 1953

Added by Act to Amend Some Nepal Acts for Gender Equality, 2063.(y1) "Daughter" —This word includes an adopted daughter where an Act permits adoption.

(z) Sub-section—This word, when written as "Sub-section" in a Section, shall mean the Sub-section of that Section.

(aa) Will—This word means a deed of gift and any instrument voluntarily written to give property after death.

(bb) Amended by Some Nepal Acts Amendment Act, 2075.Written—This word shall also include words printed, lithographed, photographed, or written in any other visible or legible form.

(cc) Year—This word shall mean the year commencing from Baisakh Sankranti according to the Nepali calendar. 3. Regarding Application of Acts: Unless a Nepal Act specifies a date from which it shall come into force, it shall come into force as follows:—

(a) In the case of an Act made under the Nepal Interim Government Act, 2007, from the day it received approval from His Majesty the King Maharajadhiraja.

(b) Added by Some Nepal Laws Amendment Act, 2063.For the period up to Jestha 3, 2063, " from the day the Act was certified by His Majesty the King Maharajadhiraja after being enacted."

Restrictive phrase removed by Some Nepal Laws Amendment Act, 2063. Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. (c) In the case of an Act made from Jestha 4, 2063, to Poush 30, 2063, from the day the Speaker certified the matter passed by the House of Representatives. Added by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. (d) In the case of an Act made from Magh 1, 2063, to Shrawan 7, 2065, from the day the Speaker certified the matter passed by the Legislature-Parliament, removed by Some Nepal Acts Amendment Act, 2072

Amended by Some Nepal Acts Amendment Act, 2072. (e) In the case of an Act made from Shrawan 8, 2065, to Ashwin 2, 2072, from the day it was passed by the Constituent Assembly and certified by the President under Sub-article (1) of Article 83 of the Interim Constitution of Nepal, 2063; and

Added by Some Nepal Acts Amendment Act, 2072. (f) In the case of an Act made from Ashwin 3, 2072, from the day it was passed by the amended by Some Nepal Acts Amendment Act, 2075.Legislature-Parliament under Article 296(1) of the Constitution of Nepal, or by the Federal Parliament under Article 83 of the Constitution of Nepal, and certified by the President. Provided that no punishment or penalty shall be imposed under such Act for any punishable act done or omitted before the publication of that Act in the Nepal Gazette. 4.
Nepal Interpretation of Laws Act, 1953

Provided that no punishment or penalty shall be imposed under such Act for any punishable act done or omitted before the publication of that Act in the Nepal Gazette. 4. Effect of Repeal: If a Nepal Act repeals any Act made previously or to be made subsequently, then, unless a different intention appears, the repealed Act:—

(a) Does not revive anything not in force or existing at the time of repeal.

(b) Does not affect any matter already in operation or any act done or punishment already incurred under it before its repeal.

(c) Shall not affect any right, privilege, duty, or liability acquired, accrued, or incurred under the repealed Act.

(d) Shall not affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against the repealed Act.

(e) Shall not affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, duty, liability, penalty, forfeiture, or punishment; any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if the repealing Act had not been passed. 5. Repeal of an Amending Act of a Principal Act or Bye-law: If any Nepal Act or Bye-law repeals an Act that expressly amends the principal matter of a Nepal Act by omission, addition, or substitution, then, unless a different intention appears, such repeal shall not affect the continuance of the amendment made by the repealed Act that was in force at the time of repeal. 6. Regarding Re-enactment of Repealed Acts: When the whole or part of an already repealed Act is to be re-enacted, the purpose thereof must be clearly stated in the Nepal Act. 7. Interpretation of Reference to Repealed Acts: If this or any other Nepal Act repeats a matter of a previous Act by re-enacting it with or without transformation, then, unless a different intention appears, any reference in any other Act or document to the repealed matter shall be construed as a reference to the matter re-enacted in that manner. 8. Commencement and End of Time: In any Nepal Act, if the first part or day is to be excluded from a period or days, the word "from" shall be used; and if the last part or day is to be included in a period or days, the word "to" shall be used. 9.
Nepal Interpretation of Laws Act, 1953

9. Computation of Time: If in any Nepal Act a date or period is prescribed or permitted for doing any act or proceeding in any office or court, and if that date or the last day of such period is a holiday, amended by Some Nepal Laws Amendment Act, 2063.then such act or proceeding, if done on the first day after the holiday when the office or court reopens, shall be deemed to have been done within the period. 10. Measurement of Distance: For the purposes of any Nepal Act, unless a different intention appears, distance shall be measured in a straight line on a horizontal plane. 11. Regarding Levy of Duty at Prescribed Rate in Act: If under any existing or future Act any duty, excise, or similar tax is leviable on any article according to weight, measure, or value, such duty shall be levied at that same rate whether the article is more or less. 12. Gender and Number: Unless the subject or context otherwise requires, in all Nepal Acts:—

(1) Words importing the masculine gender shall also include the feminine gender.

(2) Words in the singular number shall include the plural, and words in the plural number shall include the singular. 13. Regarding Binding of Nepal Government removed by Some Nepal Laws Amendment Act, 2063. by Act: No Nepal Act shall be deemed to—

(a) removed by Some Nepal Laws Amendment Act, 2063.

(b) impose any tax, liability, or burden on the Nepal Government unless the intention to do so is clearly expressed in the Act. 14. Regarding Exercise of Given Power from Time to Time: If any Nepal Act confers an authority, such authority may be exercised as and when required, unless a different intention appears. Added by Some Nepal Acts Amendment Act, 2075.14A. Deemed Performance of Act by Nepal Government: Where under the prevailing law, among matters stated to be performed by the Nepal Government, the following matters are performed by the Nepal Government from the Council of Ministers, and other matters are performed by the concerned Minister or by an officer of the special class published in the Nepal Gazette as delegated by the Minister in accordance with the Rules of Business of the Nepal Government or as delegated by the Nepal Government, such act shall be deemed to have been performed by the Nepal Government:—

(a) Matters stated under the prevailing law to be performed by the Nepal Government from the Council of Ministers;

(b) Matters required to be submitted to the Nepal Government, Council of Ministers, according to the Rules of Business of the Nepal Government;

(c) Matters stated under the prevailing law to be appealable to the Nepal Government. 15.
Nepal Interpretation of Laws Act, 1953

15. Regarding Inclusion of Power of Appointment by Designation in the Power of Appointment: If any Nepal Act confers on any person the power to appoint to any office or post, then, unless any contrary matter is expressly stated, such appointment after the commencement of this Act may be made by the name of the person or by the designation of the office. 16. Regarding Inclusion of Power of Suspension and Dismissal in the Power of Appointment: If any Nepal Act confers on any person the power to appoint, then, unless a different intention appears, the authority having power to appoint at that time may suspend or dismiss any person appointed by himself or by any other person having such authority. Added by Some Nepal Laws Amendment Act, 2063.16A. Power to Impose Lesser Punishment: If any Nepal Act confers on any authority the power to take action and impose punishment, then, unless a different intention appears or otherwise provided, such authority shall have the power to take action and impose punishment for matters carrying a lesser punishment. 17. Substitution of Employees: If any Nepal Act requires notice to be given to persons working in any office or to certain personnel, it is sufficient to specify the designation of the officer working or generally doing such work. 18. Successors: In any Nepal Act, when expressing a legal relationship with the successor of an employee or with the successor of a corporation having amended by Repeal and Amendment Act, 2022.continuous succession, it is sufficient to show that legal relationship with such employee or corporation. 19. Subordinate Officers of the Principal Officer: To state that the law relating to the principal or superior officer of an office shall apply to deputies or subordinate officers lawfully acting in their place, it is sufficient in any Nepal Act to prescribe the duties of the principal or superior officer. 20. Interpretation of Orders etc. Issued Under an Act: If any Nepal Act confers authority to issue notices, orders, schemes, rules, forms, or bye-laws, then, unless the subject or context otherwise requires, after this Act comes into force, the meaning of such notices, orders, schemes, rules, forms, or bye-laws shall be as determined under the Act or Bye-law conferring such authority. 21. Regarding Inclusion of Power to Amend, Alter, or Repeal in the Authority to Make Orders, Rules, or Bye-laws: If any Nepal Act confers authority to issue notices, orders, rules, or bye-laws, then such authority includes the power, under similar circumstances and in the same manner, to add to, amend, alter, or repeal such issued notices, orders, rules, or bye-laws. 22.
Nepal Interpretation of Laws Act, 1953

22. Regarding Making of Rules or Bye-laws and Issuance of Orders Between Enactment and Commencement of an Act: Amended by Some Nepal Laws Amendment Act, 2063.If an Act is enacted but not to come into force immediately, and if under that Act it is necessary to make rules or bye-laws, issue orders to bring the Act into operation, establish any office or court, amended by Some Nepal Laws Amendment Act, 2063.appoint judges or adjudicating officers or officials, or do anything regarding persons, time, place, procedure, or fee according to the Act, then such authority may be exercised after the Act or rule is amended by Some Nepal Laws Amendment Act, 2063.enacted, notwithstanding anything; but orders, rules, or bye-laws so made or issued shall not come into effect until the Act comes into force. 23. Matters Applicable When Rules or Bye-laws Require Prior Publication: If any Nepal Act provides that rules or bye-laws are to be made after prior publication, then the following matters shall apply:—

(1) The authority empowered to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby.

(2) The publication shall be made in such manner as the authority deems sufficient, or, if required by the condition of prior publication, in the manner prescribed by the Nepal Government.

(3) Along with the draft, a notice specifying the date on or after which the matter will be considered shall be published.

(4) The authority empowered to make the rules or bye-laws, and if such rules or bye-laws require the approval, permission, or consent of another authority, that other authority shall also consider any suggestion or objection received from any person before the specified date.

(5) After the order making the rules or bye-laws with prior publication is published in the Nepal Gazette, such published rules or bye-laws shall be conclusive evidence that they have been duly made. 24. Regarding Continuance of Orders etc. Issued Under Repealed and Re-enacted Acts: If after this Act comes into force any Nepal Act is repealed or re-enacted with or without modification, then, unless any contrary matter is expressly stated, any appointment, notice, order, scheme, rule, form, or bye-law made under the repealed Act shall, so far as they are not inconsistent with the re-enacted Act, continue in force, and shall be deemed to have been made or issued under the re-enacted Act unless and until superseded by any appointment, notice, order, scheme, rule, form, or bye-law made under the re-enacted Act. 25.
Nepal Interpretation of Laws Act, 1953

25. Matters Regarding Offences Punishable Under Two or More Acts: If any act or omission constitutes an offence under two or more Acts, the offender shall be punished under any one of those Acts, but shall not be liable to be punished twice for the same offence. 26. Meaning of Service by Post: If any Nepal Act requires service of any document by post, or authorizes the doing thereof, and the words "serve", "give", "send", or any other similar words appear, then, unless a different intention appears, "serve" means to deliver a properly addressed, sealed, and registered letter with prepaid postage to the post office; and if done so, the letter containing the document shall be deemed to have been received at the time when it would arrive in the ordinary course of post. 27. Citation of Act: (1) If any Nepal Act and any rule, bye-law, document, or instrument made under or in relation to that Act gives a name or short title to any Act, such Act may be cited by that name or by its number and year; and any matter written in an Act may be cited by the Section or Sub-section of the Act containing that matter.

(2) In this Act and any Nepal Act, unless a different intention appears, any description or citation of any part shall be deemed to include the beginning and the end of the words, Section, or other part described or cited. Added by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.27A. Prevailing Laws to Remain in Force Until Amended or Repealed: Laws enacted before Jestha 16, 2065, and made under the then prevailing Constitution and in force in the State of Nepal up to that day shall remain in force until amended or repealed. 28. Interpretation of Earlier Acts: (1) In any Nepal law made before Falgun 7, 2007, words denoting Shree 3 Maharaj, Mukhtiyar, or Talukwala, in relation to any act or proceeding done or to be done after Falgun 7, 2007, shall be deemed to refer to the Nepal Government. Added by Some Nepal Laws Amendment Act, 2063. (1a) In relation to laws made from Falgun 7, 2007, to Jestha 3, 2063, treaties or agreements where Nepal is a party, or other acts done, words denoting "His Majesty's Government" shall, after Jestha 4, 2063, refer to the Nepal Government.

(2) Unless the subject or context otherwise requires, Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of this Act shall apply to the interpretation of Nepal laws made before Falgun 7, 2007.
Administration of Justice Act, 2016

Judicial Administration Act, 2073

Certification and Publication Date
2073.05.27

Amending Acts

1. Some Nepal Acts Amendment Act, 2075 2075.11.19
2. Ordinance Amending Certain Acts Relating to Criminal Offences and Criminal Procedure, 2073 2077.06.12
3. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 7 of the year 2073

An Act Made to Amend and Consolidate Laws Relating to Judicial Administration

Preamble: Whereas, it is desirable to amend and consolidate the prevailing laws relating to judicial administration in a timely manner in order to organize the establishment and jurisdiction of courts pursuant to the Constitution of Nepal and to make justice prompt, efficient, easily accessible, impartial, effective and accountable to the people,

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

1. Short Title and Commencement: (1) This Act may be cited as the "Judicial Administration Act, 2073".

(2) This Act shall come into force on such date as the Government of Nepal may appoint by a notification published in the Nepal Gazette. This Act is appointed to come into force from the date 2073.6.3 (published in the Nepal Gazette on 2073.5.29). 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Court" means the Supreme Court, the High Court and the District Court.

(b) "Judge of the High Court" means a Judge of the High Court and also includes the Chief Judge of the High Court.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed under the rules framed under this Act.

(d) "Judicial Council" means the Judicial Council pursuant to Article 153 of the Constitution.

(e) "Constitution" means the Constitution of Nepal. Chapter-2
Establishment of District Court and High Court

3. Establishment of District Court: (1) There shall be one District Court in each district.

(2) The District Court shall be located at the headquarters of the district. Provided that, if at the time of commencement of this Act any District Court is located in a place other than the headquarters of the district, it shall remain in that same place until otherwise provided. 4.
Administration of Justice Act, 2016

Provided that, if at the time of commencement of this Act any District Court is located in a place other than the headquarters of the district, it shall remain in that same place until otherwise provided. 4. District Judge: (1) There shall be one District Judge in each District Court.

(2) Notwithstanding anything contained in sub-section (1), if the workload in any District Court is excessive, the Chief Justice may, on the recommendation of the Judicial Council, assign additional District Judges as required.

(3) The Judicial Council shall, subject to the total posts determined pursuant to sub-section (7), determine the number of judges for each District Court according to workload, and may increase or decrease the number of judges so determined based on workload.

(4) If there is more than one District Judge in any District Court, the most senior District Judge shall act as the head.

(5) The Chief Justice may assign a District Judge of a District Court to also work as a Judge of another District Court for a specified period.

(6) The District Judge assigned pursuant to sub-section (5) shall work in the concerned District Court for the assigned period.

(7) The Government of Nepal shall, on the recommendation of the Judicial Council, determine the total number of posts of District Judges according to the workload of cases. 5.
Administration of Justice Act, 2016

5. Establishment of High Court: (1) There shall be a High Court at the place where the capital of each Province is located.

(2) Until a decision is made on the place of the provincial capital pursuant to sub-article (2) of Article 288 of the Constitution, the High Court shall be located at a place designated by the Government of Nepal on the advice of the Judicial Council.

(3) The Government of Nepal may, in consultation with the Judicial Council, designate a location for establishing a temporary bench of such High Court in any other place within the provincial jurisdiction of that Court, in addition to the place where the High Court is located.

(4) While designating a location for establishing a bench pursuant to sub-section (3), the territorial jurisdiction of such bench shall also be specified.

(5) If, at the time of commencement of this Act, there is more than one Court of Appeal in any Province, the Government of Nepal shall, in consultation with the Judicial Council, designate one Court of Appeal as the High Court of that Province and the other Court of Appeal as another bench of the same High Court.

(6) Notwithstanding anything contained elsewhere in this section, if, upon a decision on the place of the provincial capital pursuant to sub-article (2) of Article 288 of the Constitution, any High Court is located at a place other than the provincial capital, the Government of Nepal may, in consultation with the Judicial Council, relocate such High Court to the provincial capital.

(7) A bench established pursuant to this section shall, within the territorial jurisdiction specified pursuant to sub-section (4), exercise jurisdiction as if it were the High Court under this Act. 6. Judges of High Court: (1) The total number of posts of Judges of the High Court shall be determined as required, not exceeding one hundred and sixty.

(2) Subject to sub-section (1), there shall be one Chief Judge and such number of other Judges as specified by the Judicial Council, not less than ten, in each High Court.

(3) The Chief Justice shall, on the recommendation of the Judicial Council, assign at least three Judges of the concerned High Court to work at the location of a bench established pursuant to section 5.

(4) Among the Judges assigned pursuant to sub-section (3), the most senior Judge shall act as the head.

(5) The Government of Nepal may, on the recommendation of the Judicial Council, increase or decrease the number of Judges under sub-section (1) based on the workload of cases. Chapter-3
Jurisdiction of Courts

7.
Administration of Justice Act, 2016

Chapter-3
Jurisdiction of Courts

7. Jurisdiction of District Court: (1) Except as otherwise provided in the prevailing law, the District Court shall have the power to conduct original proceedings and adjudicate any nature of cases within its district and cases which the High Court has ordered to be heard pursuant to sub-article (2) of Article 145 of the Constitution.

(2) The District Court shall have the power to issue a writ of habeas corpus for the enforcement of the right of any person who has been unlawfully detained by any person within its district.

(3) The District Court shall have the power to issue an order of injunction for the enforcement of the right of any person if any person or body within its district infringes or is likely to infringe the right conferred by law on that person.

(4) Except as otherwise provided in the prevailing law, the District Court shall have the power to hear appeals against decisions or final orders made by quasi-judicial bodies or officers under federal law within its district, and against decisions or final orders made by local level judicial bodies formed under provincial law. 8. Jurisdiction of High Court: (1) The High Court shall have the power to hear petitions filed pursuant to sub-article (1) of Article 144 of the Constitution and issue necessary and appropriate orders.

(2) The High Court shall have the power to conduct original proceedings and adjudicate the following cases:-
(a) Cases which are to be originally conducted and adjudicated by the High Court under federal law,
(b) Cases transferred from subordinate courts pursuant to sub-article (1) of Article 145 of the Constitution.

(3) The High Court shall have the power to hear and decide appeals against the following cases:-
(a) Cases originally conducted and adjudicated by the District Court within its territorial jurisdiction pursuant to sub-section (1) of section 7,
(b) Cases where a District Court, while hearing an appeal against an original decision or final order made by a judicial body, quasi-judicial body or officer, has partially or fully quashed and decided the case,
(c) Cases where the District Court has decided on appeal involving a dispute relating to government or public property, involving a sentence of imprisonment, or involving a fine of more than one hundred thousand rupees or a claim amount of more than five hundred thousand rupees,
(d) Cases originally conducted and adjudicated by any judicial body within its territorial jurisdiction, except as otherwise provided in federal law.

(4) The High Court shall have the power to review certificates under federal law. 9.
Administration of Justice Act, 2016

9. Power of the Supreme Court to hear Appeals: (1) The Supreme Court shall have the power to hear appeals against the following cases:-
(a) Cases originally conducted and adjudicated by the High Court pursuant to sub-section (2) of section 8,
(b) Cases where the High Court has rendered a judgment imposing a sentence of imprisonment for ten years or more,
(c) Cases where the High Court, while hearing an appeal against a decision made by the original court, body or officer in a case involving a sentence of imprisonment for more than three years or a fine of more than five hundred thousand rupees or a claim amount of more than twenty-five hundred thousand rupees, has partially or fully quashed the decision, and
(d) Other cases appealable to the Supreme Court under federal law.

(2) The Supreme Court shall also have the power to hear appeals in cases where a certificate is filed in the Supreme Court. 10. Provision relating to Certificate: (1) In cases where a certificate needs to be examined under federal law, the certificate shall be filed in the court that hears the appeal.

(2) Notwithstanding anything contained in sub-section (1), a certificate shall be filed only in the Supreme Court in cases where the High Court has upheld a sentence of life imprisonment.

(3) In cases where a certificate is filed pursuant to sub-section (1) or (2), if an appeal is also filed, the case shall be decided on appeal, and if no appeal is filed by some parties in the same case, the decision shall be made by examining the certificate also in respect of those who have not appealed.

(4) In a case examined by way of certificate, if any party who has not appealed or any other concerned person submits a petition raising grounds similar to an appeal, the appellate court shall consider that as well and decide the case. 11.
Administration of Justice Act, 2016

11. Provision relating to Review: (1) A case already decided by a final judgment or final order by any court shall not be reviewed by the same court.

(2) Notwithstanding anything contained in sub-section (1), the Supreme Court may review its own judgment or final order in the following circumstances:-
(a) If it appears that a fact involving evidence of a nature having a substantial effect on the judgment rendered in the case came to the knowledge of the concerned party only after the decision of the case, or
(b) If it appears that the judgment or final order is contrary to a precedent or legal principle established by the Supreme Court.

(3) The Supreme Court shall not review its judgment or final order in the following circumstances:-
(a) Where such judgment or final order has already been reviewed once,
(b) Where the judgment or final order has been rendered by a larger full bench,
(c) Where the decision has been rendered by the Constitutional Bench,
(d) Where a case has been retried and adjudicated under the law prevailing before the commencement of this Act, or
(e) Where the decision of the High Court has been upheld in a case reviewed pursuant to section 12 or where leave for review has not been granted.

(4) An application for review shall be filed within sixty days from the date on which the Judge of the Supreme Court signs and certifies the judgment or final order.

(5) Upon the application filed pursuant to sub-section (4), an order granting or denying permission shall be made by a judge other than the judge who originally rendered the judgment.

(6) If permission is granted pursuant to sub-section (5), such application shall be heard by a bench of judges other than the judge who originally rendered the judgment and the judge who granted the permission. 12.
Administration of Justice Act, 2016

12. Provision relating to Retrial of Cases: (1) The Supreme Court may, in cases where no appeal lies to the Supreme Court under this Act or the prevailing law, review a judgment or final order made by the High Court in the following circumstances:-
(a) If there is a serious constitutional or legal error in the judgment or final order of the High Court,
(b) If the High Court has not followed a legal principle or precedent established by the Supreme Court, or has interpreted or applied it incorrectly,
(c) If, in a case involving a dispute relating to government or public property, due to the lack of proper evaluation of evidence contained in the case files, government or public property has been embezzled or such property has suffered damage, or
(d) If a child, woman, person with disability, person suffering from mental illness, or a person who has completed the age of seventy-five years could not be properly represented, substantially affecting the judgment.

(2) Notwithstanding anything contained in sub-section (1), the following cases shall not be retried:-
(a) Cases already retried once by the Supreme Court,
(b) Cases decided on appeal by the High Court pursuant to clause (b) of sub-section (3) of section 8.

(3) A petition for retrial of a case may be filed within forty-five days from the date of knowledge of the judgment of the High Court, through the High Court that rendered the decision or in the Supreme Court.

(4) The application filed pursuant to sub-section (3) shall be accompanied by such details and documents as prescribed.

(5) Upon the application received pursuant to sub-section (3), an order granting or denying permission shall be made by a joint bench, considering whether the circumstances under sub-section (1) exist or not.

(6) If permission is granted pursuant to sub-section (5), such application shall be heard by a bench of judges other than the judge who granted the permission and the judge who originally rendered the judgment. 13. Possibility of Compromise: Even in cases where an application has been filed under section 11 or 12, a compromise may be reached in cases where compromise is possible under the prevailing law. 14.
Administration of Justice Act, 2016

13. Possibility of Compromise: Even in cases where an application has been filed under section 11 or 12, a compromise may be reached in cases where compromise is possible under the prevailing law. 14. Powers of Appellate and Certificate-Reviewing Court: (1) The appellate court and the certificate-reviewing court under this Act or the prevailing law shall have the following powers:-
(a) To confirm or partially or fully quash the decision of a subordinate court, body or officer,
(b) To render a judgment or final order that the subordinate court, body or officer could have rendered,
(c) If the subordinate court, body or officer has omitted to examine evidence relevant to the question to be decided in the case, to examine it itself or to send the case files to the lower court, body or officer to examine such evidence while keeping the case pending,
(d) If the subordinate court, body or officer has adjudicated some of the questions to be decided in the case but not others, to set a reasonable time and send the case files to the concerned court, body or officer to decide the remaining questions and conclude the case.

(2) Notwithstanding anything contained in clause (d) of sub-section (1), the District Court and the High Court may also enter into and decide questions that the subordinate court, body or officer omitted to decide in cases pending before them. 15. Application may be filed against Interim Orders: (1) Notwithstanding anything contained in the prevailing law, a party dissatisfied with an order made by any court, body or officer, whether for keeping the defendant on bail, bond or in custody for trial, or any other interim order made in the course of proceedings of a case, may file an application in the appellate court one level above.

(2) Notwithstanding anything contained in sub-section (1), in cases involving a sentence of imprisonment for ten years or more, nothing shall be deemed to prevent filing an application in the Supreme Court on a question of legal error or procedural irregularity against an order made for keeping the defendant on bail, bond or in custody for trial. 16. Exercise of Jurisdiction of Court: (1) The jurisdiction of the District Court shall be exercised by a bench of the District Judge.

(2) The jurisdiction of the High Court shall be exercised by a bench of one judge or a joint bench of judges as provided in this Act or the rules made under this Act.

(3) While deciding a case heard by a joint bench under sub-section (2), if the judges cannot agree, the case shall be submitted before a third judge for decision along with the opinions of both judges.
Administration of Justice Act, 2016

If a majority is not reached even upon submission before the third judge, the case files along with the opinions of all judges shall be sent to the Supreme Court for decision, after fixing a date for the parties present.

(4) In cases which are to be heard by a bench of two or more judges under the prevailing law, if any other work other than rendering a judgment or final order has been done by a bench of one judge, such work shall not be void. 17. Contempt of Court Proceedings: (1) The Supreme Court may initiate contempt of court proceedings against anyone who obstructs or disobeys the orders or judgments of the Supreme Court or a High Court or District Court in the administration of justice.

(2) The High Court may initiate contempt of court proceedings against anyone who obstructs or disobeys the orders or judgments of the High Court or the subordinate District Court or judicial bodies in the administration of justice.

(3) The District Court may initiate contempt of court proceedings against anyone who obstructs or disobeys the orders or judgments of the District Court or subordinate courts or judicial bodies in the administration of justice.

(4) While initiating proceedings under sub-section (1), (2) or (3), if found guilty of contempt of court, the concerned court may sentence the offender to imprisonment for a term up to one year or a fine up to ten thousand rupees or both, or pass any other appropriate order.

(5) A person against whom contempt of court proceedings have been initiated may, at any stage before the decision of the case, apologize to the court. If the court is satisfied with such apology, it may stay the proceedings of such case.

(6) Notwithstanding anything contained elsewhere in this section, if a person punished for contempt of court apologizes to the satisfaction of the court, the court may order that the punishment not be executed, be reduced, be modified, or if conditions are set and fulfilled, not be executed. 18.
Administration of Justice Act, 2016

18. Decision to be Final: (1) Except as otherwise provided in this Act or the prevailing law, a decision made by any court, body or officer in relation to a case or matter shall be final and shall be binding on all concerned parties.

(2) Except as otherwise provided in this Act or the prevailing law, a case already decided by any court, body or officer shall not be again proceeded with or the judgment or order amended to make a difference in the adjudication by the same court, body or officer.

(3) Notwithstanding anything contained in sub-section (2), clerical errors occurring in writing or printing of a judgment or order may be corrected by preparing a separate note with reasons, provided that it does not substantially affect the judgment. Chapter-4
Provision relating to Transfer of Cases

19. Power to Call for and Adjudicate Cases: The Supreme Court shall have the power, in the circumstances under sub-article (1) of Article 134 of the Constitution, to call for and hear a case pending in any High Court. 20. Power to Order Transfer of Cases: (1) The Supreme Court may, in the circumstances under sub-article (2) of Article 134 of the Constitution, order that a case pending in one High Court be transferred to another High Court for hearing.

(2) The High Court may, in the circumstances under sub-article (2) of Article 145 of the Constitution, order that a case pending in one District Court under its jurisdiction be transferred to another subordinate District Court for hearing.

(3) A decision on whether the circumstances for transferring a case under sub-section (1) or (2) exist or not shall be made based on an inspection report of the concerned court, an application of the concerned party to the case, or information obtained from any other source. Chapter-5
Provision relating to Inspection

21.
Administration of Justice Act, 2016

Chapter-5
Provision relating to Inspection

21. Provision relating to Inspection: (1) The appellate court shall, by assigning a judge of its court, inspect the offices of subordinate courts, judicial or quasi-judicial bodies or officers at least once a year.

(2) While inspecting under sub-section (1), inspection shall be made of the cases pending and disposed of by the concerned court, body or officer.

(3) While inspecting under sub-section (2), inspection shall be made specifically of the case files relating to the following:-
(a) Cases of persons in custody for trial,
(b) Some of the cases that have become final without appeal,
(c) Cases involving a child, woman, person with disability, person suffering from mental illness, or a person who has completed the age of seventy-five years as a party,
(d) Cases involving matters of public concern or importance,
(e) Cases where an indigent person is a party.

(4) While inspecting under this section, the following matters shall be examined:-
(a) Whether the work of executing judgments has been done in a timely manner,
(b) Whether the orders or directions given by the higher court have been complied with,
(c) Whether the proceedings in pending cases have been done in a satisfactory manner.

(5) While inspecting or examining under sub-section (2), (3) or (4), if it appears that work required to be done by law has not been done or work not required to be done has been done, the inspecting judge shall order at the inspection station that it be done according to law.
Administration of Justice Act, 2016

Provided that, if it appears that an interim order made in a criminal case where the Government of Nepal is the plaintiff needs to be quashed, a report shall be submitted to the appellate court of the inspected court, and the concerned court shall act according to the order made by that court.

(6) The inspecting judge may seek suggestions or feedback from the employees of the office of the court, body or officer being inspected, the parties to cases present there, legal practitioners and other concerned persons regarding the work and proceedings of the concerned court, body or officer.

(7) After completing the inspection, the inspecting judge shall prepare an inspection and evaluation report and submit such report to the Supreme Court, the concerned appellate court and the Secretariat of the Judicial Council in case of inspection of a court; and in case of inspection of the office of a judicial or quasi-judicial body or officer, it shall be sent to the Supreme Court, the concerned appellate court, the concerned ministry and the concerned body authorized to act on behalf of the provincial government.

(8) Upon receipt of the inspection and evaluation report under sub-section (7), the Judicial Council or the body receiving such report shall, as necessary, promptly investigate and take action on the matters pointed out in the report, and such action shall also be made a basis for evaluation for the career development of the concerned office-holder. 22.