chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Water Supply Management Board Act, 2006

13. Filling of Vacancy: If the office of a nominated member of the Committee falls vacant for any reason, the vacant office shall be filled for the remaining term by nomination in the same manner in which he was originally nominated. 14. Meetings and Decisions of the Committee: (1) The Committee shall meet at least six times a year, and the interval between two meetings shall not exceed three months.

(2) The meeting of the Committee shall be held at the date, time and place specified by the Chairperson.

(3) Notwithstanding anything contained in Subsection (2), if at least twenty-five percent of the members of the Committee make a written request to convene a meeting, the Chairperson shall convene a meeting of the Committee within seven days from the date of receipt of such written request.

(4) If more than fifty percent of the total number of members of the Committee are present, the quorum for the meeting of the Committee shall be deemed to be constituted.

(5) The meeting of the Committee shall be presided over by the Chairperson, and in his absence, a member chosen from among the members present shall preside over the meeting.

(6) The opinion of the majority shall prevail in the meeting of the Committee, and if the votes are equal, the person presiding over the meeting shall cast a casting vote.

(7) The decision of the Committee shall be certified by the Executive Director.

(8) Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself. 15. Allowances and Facilities of Members: (1) A member of the Committee shall receive a meeting allowance as prescribed for participating in meetings.

(2) Other facilities received by a member of the Committee for performing work of the Board shall be as prescribed. 16. To Have Regard to Public Interest: The Committee shall, while performing business on behalf of the Board, have regard to the greater public interest and general convenience, and shall also consider the cost incurred in performing such work. Chapter-4

Provisions Relating to Executive Director and Employees

17.
Water Supply Management Board Act, 2006

16. To Have Regard to Public Interest: The Committee shall, while performing business on behalf of the Board, have regard to the greater public interest and general convenience, and shall also consider the cost incurred in performing such work. Chapter-4

Provisions Relating to Executive Director and Employees

17. Appointment of Executive Director: (1) The Committee shall appoint a person possessing qualifications as prescribed to the position of Executive Director to act as the administrative chief of the Board.

(2) The term of office of the Executive Director shall be five years.

(3) Notwithstanding anything contained in Subsection (2), if the Executive Director fails to fulfill his official responsibilities, acts contrary to the interests of the Board, engages in any misconduct, or fails to act in accordance with the directions given by the Committee, the Committee may, by adopting the prescribed procedure, remove him from the position of Executive Director at any time. Provided that before such removal, he shall not be deprived of a reasonable opportunity to present his defense.

(4) The remuneration, facilities and other terms of service of the Executive Director shall be as prescribed. 18. Functions, Duties and Powers of the Executive Director: The functions, duties and powers of the Executive Director shall be as follows:-

(a) To implement or cause to implement the decisions and directions of the Committee,
(b) To prepare or cause to prepare short-term and long-term plans, annual programs and budget of the Board,
(c) To implement or cause to implement the programs approved by the Committee,
(d) To recommend to the Committee for the appointment of employees necessary for the Board,
(e) To submit proposals requiring approval from the Committee to the Committee,
(f) To perform other functions as prescribed. 19. Provisions Relating to Employees: (1) There shall be as many employees in the Board as necessary.

(2) The appointment, remuneration, facilities and other terms of service of the employees under Subsection (1) shall be as prescribed. Chapter-5

Privileges of the Board

20. May Obtain Loans and Assistance: The Board may, as necessary, obtain loans or assistance from any bank or financial institution within Nepal, or from any foreign government, international association or institution. Provided that before obtaining loans or assistance from a foreign government, international association or institution, the Board shall obtain the approval of the Government of Nepal. 21. May Make Investments: (1) The Board may invest the amount lying in the Fund under Section 28, having regard to the interests of consumers.

(2) The area and conditions of investment to be made under Subsection (1) shall be as prescribed. 22.
Water Supply Management Board Act, 2006

21. May Make Investments: (1) The Board may invest the amount lying in the Fund under Section 28, having regard to the interests of consumers.

(2) The area and conditions of investment to be made under Subsection (1) shall be as prescribed. 22. May Enter Land and Buildings: (1) If any employee of the Board needs to enter the land and building of any consumer in the course of performing his duty, he may enter such land and building after giving notice to the concerned person with the reason therefor. Provided that if there are reasonable grounds and reasons to suspect that any person is misusing or unauthorizedly using the service, no notice is required to enter such land and building.

(2) A service provider who has obtained a license from the Board or entered into an agreement with the Board shall also have the right under Subsection (1). 23. May Lay Pipes on Private or Public Land: (1) The Board may lay pipes or construct other structures on private or public land for the purpose of providing drinking water or sanitation services to consumers.

(2) If, while laying pipes or constructing other related structures under Subsection (1), any damage or loss is caused to any person's private land, the Board shall pay reasonable compensation to the concerned landowner therefor. 24. May Levy Fees from Service Providers: (1) The Board may levy fees as prescribed from service providers operating services within its geographical area.

(2) If the Board has issued a license to any service provider to operate its service system, the amount as mentioned in the license shall be recovered from such service provider. 25. May Impose Additional Charges: (1) If a consumer fails to pay the tariff due for using the service within the prescribed time, or if a consumer is provided with additional services beyond the regular service, the Board may recover additional charges as prescribed from such consumer.

(2) A service provider who obtains a license from or enters into an agreement with the Board to operate services may also impose and collect additional charges under Subsection (1). 26. May Suspend or Terminate Service: (1) The Board or the service provider may suspend or terminate the service of a consumer who fails to pay the tariff determined under this Act or the prevailing law, or fails to pay the tariff within the prescribed time.

(2) If service is terminated under Subsection (1), and the consumer pays the tariff and other charges due to the Board or the service provider, the service shall be provided to him again. Chapter-6

Offenses and Penalties

27.
Water Supply Management Board Act, 2006

Chapter-6

Offenses and Penalties

27. Offenses and Penalties: (1) If any person commits any act contrary to this Act or the rules made hereunder, and commits the following offenses, the Board may penalize such person as follows:-

(a) If he demolishes or damages any structure, installation or infrastructure related to the service, or causes damage in any other manner, recover the damage caused and impose a fine of up to fifty thousand rupees depending on the gravity of the offense,
(b) If he pollutes drinking water causing adverse effects on public health, impose a fine of up to twenty-five thousand rupees depending on the gravity of the offense,
(c) If he unauthorizedly uses or misuses the service, impose a fine of up to fifteen thousand rupees and disconnect the service,
(d) If he damages a service meter or other similar equipment, or obstructs or hinders the provision of service, impose a fine of up to ten thousand rupees,
(e) If he steals, damages, demolishes or destroys a pipe line installed in the service system, recover the loss caused by such act, impose a fine according to the loss, and if the person committing such act is a consumer, suspend or disconnect the service of such consumer for up to six months.

(2) Where service is provided by a service provider, the service provider may file an application to the Board for imposing penalties or claiming compensation for offenses under Subsection (1).

(3) If, upon investigation of an application filed by a service provider under Subsection (2), a person is found to have committed an offense, the Board may order appropriate penalty under Subsection (1).

(4) The Board may constitute a Judicial Committee as prescribed for investigating offenses and imposing penalties under this Section.

(5) An appeal may be filed against a penalty imposed by the Judicial Committee under Subsection (4) to the concerned Amended by Some Nepal Acts Amendment Act, 2072.High Court.

(6) The procedure of the Judicial Committee constituted under Subsection (4) shall be as prescribed. Chapter-7

Fund of the Board and Audit

28.
Water Supply Management Board Act, 2006

Chapter-7

Fund of the Board and Audit

28. Fund of the Board: (1) The Board shall have its own separate Fund.

(2) The Fund under Subsection (1) shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,
(b) Amount received as loans, grants or assistance from foreign governments, international associations or institutions,
(c) Amount received for allowing service providers to use the service system,
(d) Amount received as license fees from service providers,
(e) Amount paid by consumers as tariffs,
(f) Amount received from any other source.

(3) All expenses of the Board shall be borne from the Fund under Subsection (1).

(4) The amount lying in the Fund of the Board shall be deposited by opening an account in any bank or financial institution within Nepal, and the operation of such account shall be as prescribed. 29. Consumer Protection Fund: (1) The Board shall establish a Consumer Protection Fund to deposit the amount received as fines under Section 27.

(2) The amount deposited in the Fund under Subsection (1) shall be used for regularizing services, for necessary maintenance or reconstruction of the service system, and for providing grants to consumers as prescribed.

(3) Procedures relating to the operation, management and use of the Fund shall be as prescribed. 30. Accounts and Audit: (1) The accounts of income and expenditure of the Board shall be kept in accordance with the prevailing law.

(2) The Board shall conduct or cause to conduct internal audit and internal control as prescribed.

(3) The audit of the income and expenditure of the Board shall be conducted by a licensed auditor appointed by the Committee.

(4) The Government of Nepal may, at any time if it so desires, inspect or investigate the accounts of the Board and related documents. Chapter-8

Miscellaneous

31. May Give Directions: The Government of Nepal may give necessary directions to the Board regarding maintaining the quality of services, protecting the environment, and maintaining the quality of drinking water and sanitation, and it shall be the duty of the Board to comply with such directions. 32. Annual Report to be Submitted: (1) The Board shall, within three months from the date of expiry of each fiscal year, submit an annual report to the Government of Nepal including the following matters, among others:-

(a) Details of income and expenditure of the Board,
(b) Details of work performed during the year and administrative expenses incurred therefor,
(c) Work plan for the next year, estimated budget required therefor and its sources,
(d) Other details as prescribed.

(2) The Government of Nepal shall cause the report under Subsection (1) to be made public by the Board every year. 33.
Water Supply Management Board Act, 2006

33. May Constitute Sub-Committees: (1) The Board may, as necessary, constitute a sub-committee involving experts related to various subjects, service providers and consumers as well, for smoothly performing the business to be done by it.

(2) The functions, duties, powers and facilities to be received by members of a sub-committee constituted under Subsection (1) shall be as prescribed. 34. Contact with Government of Nepal: The Board shall maintain contact with the Government of Nepal through the Ministry of Drinking Water. 35. Power to Make Rules: The Board may make necessary rules to implement the objectives of this Act, and such rules shall come into force after approval by the Government of Nepal. 36. May Frame and Implement Directives: The Board may, subject to this Act or the rules made hereunder, frame and implement necessary directives. 37. Consequences after Invalidation of the Drinking Water Management Board Ordinance, 2062: After the invalidation of the Drinking Water Management Board Ordinance, 2062, unless a contrary intention appears, such invalidation shall not,-

(a) revive anything not in force or not existing at the time of such invalidation,
(b) affect anything done or any right acquired before such invalidation in accordance with the procedures under that Ordinance,
(c) affect any right, benefit, duty or liability acquired, obtained or enjoyed under that Ordinance,
(d) affect any penalty or forfeiture imposed under that Ordinance,
(e) affect any action or measure taken in relation to any such right, benefit, duty, liability, penalty or forfeiture, and any legal proceedings or measures may be initiated, continued or enforced as if that Ordinance were still in force. Schedule
(Related to Subsection (7) of Section 10)

Oath

I, , do take oath in the presence of God/do solemnly affirm that I will, in the capacity of Chairperson/Member of the Committee, perform the responsibilities and duties entrusted to me impartially and honestly, without fear, terror, favouritism, partiality, malice or greed, and that I will not, under any circumstances, through any medium, whether I hold office or not, reveal any confidential matter that comes to my knowledge in the course of performing my duty, except in the course of compliance with the prevailing law. Date:-

Signature:
Summary Procedure Act, 1972

Summary Procedure Act, 2028

Seal and Publication Date
2028.12.20

Amending Acts

1. Some Nepal Acts (Amendment) Act, 2043 2043.7.24
2. Some Nepal Acts Relating to Court Proceedings (Amendment) Act, 2047 2047.4.10
3. Act to Amend Some Nepal Acts, 2048 2049.1.8

Certification and Publication Dates

4. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066Repealed by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066. 2066.10.07
5. Act to Amend Some Nepal Acts, 2072 2072.11.13
6. Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074This Act came into force from Bhadra 1, 2075. 2074.6.30
7. Act to Amend Some Nepal Acts Relating to the Civil Code, 2075 2076.01.02

Act No. 17 of the Year 2028



An Act Made to Provide for Summary Procedure for Minor Cases

Preamble: Whereas it is desirable to provide for a summary procedure for minor cases so that they may be decided quickly,

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, has enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Summary Procedure Act, 2028".

(2) This Act shall come into force in such area and from such date as the Government of Nepal may, by notification in the Nepal Gazette, specify.As per the notification published in the Nepal Gazette dated 2029.10.1, this Act is specified to be in force throughout Nepal from 2030.1.1. 2. Definition: Unless the subject or context otherwise requires, in this Act,-

Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.(a) "Complaint" means a plaint filed in a court, any other type of complaint, accusation or claim or counterclaim, and such term also includes, in the case of a criminal case, an indictment or a report relating thereto.

(b) "Case" means a case mentioned in Section 3 which is to be proceeded with and decided in accordance with this Act. Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.(c) "Court" means the Supreme Court, a High Court or a District Court, and such term also includes any other court, judicial body or official authorized by law to proceed with and decide particular types of cases. 3.
Summary Procedure Act, 1972

3. Cases to be Heard Under this Act: Amended by the Some Nepal Acts (Amendment) Act, 2043.(1) In conducting the original and appellate proceedings of any of the following cases filed after the commencement of this Act, the procedure under this Act shall be followed:-

(a) A case specified in Schedule 1, or

(b) A civil case involving the value of or the amount in dispute up to one thousand rupees, excluding those mentioned in Schedule 2, or a criminal case punishable with a fine of up to one thousand rupees or imprisonment of up to six months or both.

(2) Notwithstanding anything written in sub-section (1), if any specific procedure has been provided by any Act in relation to any case, nothing in this Act shall be deemed to affect that procedure.

(3) If questions relating to fraud, forgery or coercion arise from the statement or written reply of the defendant in any case, Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.the procedure under Section 172 of the Civil Procedure Code, 2074 or Section 104 of the Criminal Procedure Code, 2074 shall be completed, and that question shall also be decided in the same case. 4. Complaint: Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.If any person gives a complaint stating evidence without filing a plaint, the court shall, taking a statement if necessary, proceed with the case based on that complaint alone. 5. Inquiry: (1) After a complaint is filed in any case, the court shall make an inquiry into the following matters in relation thereto:-

(a) Whether the claim of the plaintiff or the accusation the plaintiff seeks to make against the defendant is based on law or not;

(b) Whether the evidence presented or sought to be presented by the plaintiff is relevant to the case and whether such evidence is sufficient to prove the matters stated in the complaint.

(2) If, upon making an inquiry under sub-section (1), the court finds that the plaintiff's complaint itself is not maintainable or that the matters stated in the complaint cannot be proved due to lack of credible or sufficient evidence, the court may dismiss the complaint, stating the reasons therefor.

(3) Except where the complaint is liable to be dismissed under sub-section (2), the court shall:-

(a) If the defendant is present in court, immediately take the defendant's statement and proceed with the case.
Summary Procedure Act, 1972

Provided that, if the defendant refuses to make a statement immediately and desires to submit a written reply, the defendant shall be granted a period of seven days.

(b) If the defendant is not present in court, issue a summons or notice in the defendant's name within three days.

(4) In a situation where the court itself has to initiate proceedings under any law, if it appears from the evidence immediately available in the case that proceedings should be instituted against any person, the court shall prepare a memo stating the following matters and proceed in accordance with clauses (a) and (b) of sub-section (3):-

(a) Full name and address of the defendant,
(b) Grounds for instituting the case, and
(c) Evidence relating thereto. 6. Copy of Complaint and Written Evidence to be Given to the Defendant: (1) In a case investigated by the police, if the defendant is in police custody, as soon as the complaint is registered, the relevant police office shall give a copy each of the complaint and the written evidence relating thereto to the defendant.

(2) In a case proceeding under sub-section (4) of Section 5, the court shall, before making the defendant give a statement, give a copy each of the memo mentioned in that sub-section and the written evidence relating thereto to the defendant, or send them along with the summons or notice.

(3) Except in the situations mentioned in sub-sections (1) and (2), each plaintiff shall submit copies of the complaint and the written evidence relating thereto to the court along with the complaint, at the rate of one copy for each defendant, and the court shall send such copies to the defendant along with the summons or notice. Provided that, no matter how many defendants there are in one household, it shall be sufficient to submit or send only one copy each of the complaint and the written evidence relating thereto.

(4) If proceedings in a case have been conducted without giving or sending the copies required to be given or sent to the defendant under this section, such proceedings shall be void.

(5) In case a summons or notice is pasted under sub-section (2) of Section 7, the copies sent along with such summons or notice shall be returned by the employee going to serve such summons or notice to the court, and the defendant may obtain such copies from the court at any time. 7. Summons or Notice: (1) When issuing a summons or notice under this Act, the court shall issue it in the format prescribed in Schedule 3.
Summary Procedure Act, 1972

7. Summons or Notice: (1) When issuing a summons or notice under this Act, the court shall issue it in the format prescribed in Schedule 3. Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.(2) A summons or notice issued under sub-section (1) shall be served by completing the formality according to the prevailing law. Provided that, if the defendant or the defendant's house or residence cannot be located due to the plaintiff having written a wrong address or the court having mentioned a wrong address, pasting under this sub-section shall not be deemed to be service of the summons or notice in the prescribed manner.

(3) The employee going to serve a summons or notice under this section shall complete the service within two days, excluding travel time, and if the employee is found to have delayed serving the summons or notice without reasonable cause, the court may impose a fine of up to twenty-five rupees on the employee. 8. Adjournment of Date: (1) In any case proceeding under this Act, an adjournment of a date already fixed shall not be granted. Provided that-

(a) If the court believes that a date has been missed due to circumstances beyond the control of a party, the date may be adjourned for a total of up to fifteen days, either at once or twice. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.(b) The provisions of Section 225 and Section 226 of the Civil Procedure Code, 2074 and Section 190 of the Criminal Procedure Code, 2074 shall apply accordingly.

(2) When issuing a summons or notice in the name of the defendant, a period of seven days, excluding travel time, shall be given. 9. Special Provision for Others to Present Evidence on Behalf of an Absent Defendant: (1) In any civil case, if, within seven days from the date of expiry of the period of the notice issued under Section 7, any person having an interest in the same household as the defendant shows a credible reason why the defendant was unable to contest within the notice period and presents any evidence that rebuts the plaintiff's claim, the court shall consider such evidence as well and decide the case.

(2) In any criminal case, if, within seven days from the date of expiry of the period of the summons issued under Section 7, any person shows a credible reason why the defendant was unable to appear in court or submit a reply within the summons period and presents any evidence that rebuts the complaint, the court shall consider such evidence as well and decide the case. 10.
Summary Procedure Act, 1972

10. Time Limit for Deciding a Case: (1) A case shall be decided within ninety days from the date on which the written reply is filed or the defendant's statement is taken, and if no written reply is filed or no defendant's statement is taken, from the date of expiry of the period for doing so.

(2) Notwithstanding anything written in sub-section (1) regarding the time for deciding a case, if the case is ready for decision before that time, it shall be decided within three days from that date. Provided that the case shall not be decided before the expiry of the period for which adjournment may be granted under Section 8 and the period during which evidence may be presented on behalf of an absent defendant under Section 9. 11. When Parties May Not Appear after Evidence is Completed: (1) After the court has heard the evidence of both the plaintiff and the defendant, any party may, with the permission of the court, choose not to appear on the date fixed.

(2) After the plaintiff has presented the plaintiff's evidence, if only the plaintiff or the defendant as well fails to appear on the date fixed, the case shall not be dismissed and a decision shall be made based on the evidence heard so far. Amended by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074.11a. Time Limit for Filing an Appeal: An appeal may be filed against a judgment rendered by a court within thirty days from the date of knowledge thereof, subject to the prevailing law.Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075. Added by the Some Nepal Acts (Amendment) Act, 2043.11b. Time Limit for Deciding an Appeal: (1) When deciding an appeal, it shall be decided within ninety days from the date on which the record of the case from the lower court is filed.

(2) Notwithstanding anything written in sub-section (1) regarding the time for deciding an appeal, if the appeal is ready for decision before that time, it shall be decided within three days from that date. 12.
Summary Procedure Act, 1972

12. Circumstances Where Procedure Under this Act Need Not or Shall Not Be Followed: (1) If, while proceeding with a case, it appears that the case does not fall under this Act, the court shall prepare a memo stating the reasons and shall follow the ordinary procedure according to other prevailing Nepal law for the remaining proceedings of that case.

(2) If, in any case, some matters fall under this Act and some matters require following the procedure according to other prevailing Nepal law, the ordinary procedure according to other prevailing Nepal law shall be followed in the proceedings of the entire case. 13. Power to Make Rules: For the purpose of implementing the objectives of this Act, the Government of Nepal may, after consulting the Supreme Court, make rules. 14. Saving and Repeal: (1) In a case where the procedure under this Act is required to be followed, even if the ordinary procedure according to other prevailing Nepal law is followed instead of the procedure under this Act, the proceedings already conducted shall not be void solely for that reason.

(2) In cases to be heard under this Act, matters relating to procedure other than those written in this Act and the rules made under this Act shall be according to the prevailing Nepal law.

(3) The following Nepal Acts are hereby repealed:-

(a) The phrase "Proceedings relating to offences under this Act shall be conducted by summary inquiry" in sub-section (2) of Section 10 of the Statistics Act, 2015.

(b) The word "summary" in Section 12 of the Land Acquisition Act, 2018 and Section 26 thereof.

(c) The words "summary" in Section 9, sub-section (2) of Section 15 and sub-section (1) of Section 56 of the Forest Act, 2018, and Section 18 thereof.

(d) Sections 49, 50, 51, 53 and 54 of the Village Panchayat Act, 2018.

(e) The phrase "summary as in a criminal case" in Section 3 of the Begging (Prohibition) Act, 2018.

(f) The phrase "by summary inquiry and other necessary proceedings" in the proviso to sub-section (1) of Section 146 of the Companies Act, 2021.

(g) The words from "and in relation thereto" to "shall" in Section 9 of the Highway Construction Act, 2021.

(h) The words from "shall be and in such case" to "all powers" in sub-section (2) of Section 40 of the Tourism Industry Act, 2021.

(i) The word "summary" in sub-section (2) of Section 15 of the Corporation Act, 2021.

(j) The words "summary inquiry into" in sub-section (1) of Section 5 of the National Transport Management Act, 2026. Schedule 1

(Relating to clause (a) of sub-section (1) of Section 3)

1.
Summary Procedure Act, 1972

Schedule 1

(Relating to clause (a) of sub-section (1) of Section 3)

1. A case under the Nepal Agency Related Act, 2014,
2. A case under the Radio Act, 2014,
3. A case under the Patent, Design and Trademark Act, 2022,
4. A case under the Institution Registration Act, 2034,
5. A case under Section 30 of the Standard Weights and Measures Act, 2025,
6. A case under Section 7 of the Lottery Act, 2025,
7. A case under Section 17 of the Education Act, 2028,
8. A case under Section 46 of the Tourism Act, 2035,
9. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.A case under the Labour Act, 2048,
10. A case within the jurisdiction of the judicial committee of a rural municipality or municipality according to the prevailing law,
11. A case under the Excise Act, 2058,
12. A case under the Copyright Act, 2059,
13. A case under the Companies Act, 2063,
14. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.Under the Civil Code, 2074,-

(a) A case relating to the clearance of title of immovable property under Chapter 13 of Part 4,
(b) A case relating to wages or remuneration under Chapter 14 of Part 5,
(c) A case relating to the payment of a lump sum amount or expenses without taking a share upon divorce according to Section 100,
(d) A case relating to providing food and clothing according to status and income, and arranging education and health treatment according to financial capacity under Section 211,
(e) A case relating to the eviction of a person residing in a house contrary to Section 401. 15. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.A case under Section 201 of the Criminal Code Act, 2074 relating to detention without providing minimum humane facilities,
16. A case specified in the prevailing law to follow the procedure under the Summary Procedure Act, 2028. Schedule 2

(Relating to clause (b) of sub-section (1) of Section 3)

1. Any other case relating to immovable property, except those specified in Schedule 1. 2. A case relating to easement. 3. A case relating to share or inheritance. 4. A case relating to claiming to establish a relationship. 5. A case relating to the offence of rape. 6. A case relating to any type of theft. 7. A case relating to fraud or forgery, except where proceedings are conducted under sub-section (3) of Section 3. 8. Repealed by the Act to Amend Some Nepal Acts, 2078. Schedule 3

(Relating to sub-section (1) of Section 7)

 Office.
Nepal Law Commission Act, 2007

Nepal Law Commission Act, 2063 (2006)

Certification and Publication Date
2063.9.30 (January 13, 2007)

Amending Acts

1. Some Nepal Acts Amendment Act, 2064 (2007) 2064.5.19 (September 5, 2007)
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.07 (January 21, 2010)
3. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13 (February 25, 2016)
4. Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018) 2075.11.19 (March 3, 2019)
5. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14 (July 28, 2025)

Act Number 37 of the Year 2063 (2006)

An Act Made to Provide for the Nepal Law Commission

Preamble: Whereas, it is expedient to establish and provide for the Nepal Law Commission for drafting legislation, codification, and amendment, consolidation, and review of prevailing laws, as well as for conducting study and research on matters relating to law and justice;

Now, therefore, in the first year of the issuance of the Proclamation of the House of Representatives, 2063 (2006), the House of Representatives has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Nepal Law Commission Act, 2063 (2006)."

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

(a) "Commission" means the Nepal Law Commission established pursuant to Section 3.

(b) "Chairperson" means the Chairperson of the Commission.

(c) "Vice-Chairperson" means the Vice-Chairperson of the Commission.

(d) "Member" means a member of the Commission, and this term shall also denote the Chairperson, Vice-Chairperson, honorary members, and Member-Secretary.

(e) "Secretary" means the Secretary of the Commission. 3. Establishment of Nepal Law Commission: (1) There is established a Nepal Law Commission for the purpose of, among others, drafting legislation, codification, and amendment, consolidation, and review of prevailing laws, as well as conducting study and research on matters relating to law and justice.

(2) The office of the Commission shall be located in the Kathmandu Valley. 4.
Nepal Law Commission Act, 2007

4. Formation of the Commission: (1) The Commission shall be formed as follows:-

(a) A person appointed by the Government of Nepal from among persons who have served as a Justice of the Supreme Court or who possess the qualification to become a Justice – Chairperson.

(b) A person appointed by the Government of Nepal from among persons who have served in a gazetted special class post of the Nepal Judicial Service, or who have worked as a senior advocate or advocate in the capacity of a legal practitioner for at least fifteen years, or who have acquired at least fifteen years of experience in teaching, research, drafting of law, or in the field of law or justice – Vice-Chairperson.

(c) Up to three persons nominated by the Government of Nepal from among persons possessing the qualification as per clause (b), including at least one woman – Members.

(d) Secretary, Ministry of Law, Justice and Parliamentary Affairs – Member.

(e) Secretary (Law), Office of the Prime Minister and Council of Ministers – Member.

(f) Deputy Attorney General, Office of the Attorney General – Member.

(g) Secretary – Member-Secretary.

(2) A Recommendation Committee as follows shall exist to recommend names to the Government of Nepal for the appointment and nomination of the Chairperson, Vice-Chairperson, and Members of the Commission:-

(a) Minister for Law, Justice and Parliamentary Affairs – Coordinator. Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018).(b) Chairperson, Law and Human Rights Committee, House of Representatives – Member.

(c) President, Nepal Bar Association – Member. 5. Honorary Members: The Government of Nepal may appoint up to five eminent experts from among experts related to subjects deemed necessary by the Commission as honorary members. 6. Qualification of Chairperson, Vice-Chairperson and Member: In addition to the qualifications mentioned in clause (a) or (b) of sub-section (1) of Section 4, a person must possess the following qualifications to be appointed or nominated as the Chairperson, Vice-Chairperson, or Member of the Commission:-

(a) A citizen of Nepal,

(b) Has completed forty-five years of age,

(c) Has obtained at least a post-graduate degree in law from a university recognized by the Government of Nepal,

(d) Has not been punished by a court on any criminal charge involving moral turpitude,

(e) Of sound mind. 7. Term of Office of Chairperson, Vice-Chairperson and Member: (1) The term of office of the Chairperson and Vice-Chairperson shall be five years.

(2) The term of office of a Member shall be two years. 8.
Nepal Law Commission Act, 2007

Provided that before removal in such manner, he/she shall not be deprived of the opportunity to submit his/her defense. 10. Functions, Duties and Powers of the Commission: The functions, duties, and powers of the Commission shall be as follows:-

(a) To conduct or cause to conduct study and research on making new laws or amending existing laws, or on contemporary issues relating to law and justice,

(b) To prepare drafts of necessary codes for the codification of laws and submit them to the Government of Nepal,

(c) To consolidate or review prevailing laws and give necessary suggestions to the Government of Nepal in that regard,

(d) To submit drafts, along with explanatory notes, to the Government of Nepal regarding the enactment of new laws and the amendment of prevailing laws as required,

(e) To study laws that are obsolete, mutually contradictory, unequal, discriminatory, against human rights, and unenforceable, and submit suggestions to the Government of Nepal regarding the repeal, amendment, or review of such laws,

(f) To give drafts or suggestions to the Government of Nepal to incorporate provisions of international treaties and agreements into the prevailing laws as necessary,

(g) To consult, discuss, and interact with concerned bodies or institutions as necessary regarding the drafting, codification, consolidation, review, reform, and development of laws, or to collaborate with such bodies or institutions in that regard,

(h) To obtain the services of experts for the study and research of special types of laws and the preparation of drafts,

(i) To collect public opinions and suggestions as necessary in the law-making process,

(j) To conduct programs such as workshops, seminars, and interactions as necessary in the course of revising draft laws,

(k) To contact and exchange necessary information and details with law commissions and law-drafting bodies of other countries,

(l) To study whether laws are in accordance with the principles propounded by the Supreme Court, and if found not to be in accordance, to submit drafts to the Government of Nepal regarding the drafting, repeal, or review of laws,

(m) To prepare the annual program of the Commission,

(n) To carry out other tasks relating to law and justice as specified by the Government of Nepal or as deemed necessary by the Commission. 11.
Nepal Law Commission Act, 2007

11. Proceedings Relating to Meetings of the Commission: (1) A meeting of the Commission shall be held at least once a month.

(2) The meeting of the Commission shall be held on the date and time fixed by the Chairperson.

(3) If more than fifty percent of the total number of members of the Commission are present, it shall be deemed to constitute a quorum for the meeting of the Commission.

(4) The meeting of the Commission shall be presided over by the Chairperson, in his/her absence by the Vice-Chairperson, and in the absence of both the Chairperson and Vice-Chairperson, by the senior most member of the Commission.

(5) The opinion of the majority shall prevail in the meeting of the Commission, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.

(6) The decision of the Commission shall be certified by the Secretary.

(7) The Commission may invite any expert or honorary member to participate as an observer in its meeting as required.

(8) Other procedures relating to the meetings of the Commission shall be as determined by the Commission itself. 12. Functions, Duties and Powers of the Chairperson: (1) The Chairperson shall be a full-time officer of the Commission.

(2) The functions, duties, and powers of the Chairperson shall be as follows:-

(a) To conduct the business of the Commission in a coordinative manner,

(b) To perform other tasks relating to the Commission in the capacity of Chairperson,

(c) To perform tasks assigned by the Government of Nepal. 13. Functions, Duties and Powers of the Vice-Chairperson: (1) The Vice-Chairperson shall be a full-time officer of the Commission.

(2) The functions, duties, and powers of the Vice-Chairperson shall be as follows:-

(a) To perform tasks relating to the Commission in the capacity of Vice-Chairperson,

(b) To perform the tasks to be done by the Chairperson when the Chairperson is on leave, absent, or on official duty,

(c) To perform tasks assigned by the Chairperson. 14.
Nepal Law Commission Act, 2007

14. Remuneration and Facilities of Chairperson and Vice-Chairperson: (1) The Chairperson and Vice-Chairperson shall be entitled to remuneration and other facilities equivalent to those of a Justice of the Supreme Court and the Chief Officer of a Constitutional Body, respectively.

(2) The Chairperson may himself/herself avail casual leave and festival leave, and other leave of the Chairperson shall be approved by the Minister for Law, Justice and Parliamentary Affairs.

(3) The Vice-Chairperson may himself/herself avail casual leave and festival leave, and other leave of the Vice-Chairperson shall be approved by the Chairperson.

(4) In the situation as per clause (b) of sub-section (2) of Section 13, the Vice-Chairperson working as the Chairperson for more than seven days at a time shall be entitled to remuneration and other facilities equivalent to those of the Chairperson for the entire period of working as such. 15. Secretary: (1) An officer of the Special Class of the Nepal Judicial Service shall serve in the Commission as the Secretary of the Commission.

(2) The functions, duties, and powers of the Secretary shall be as follows:-

(a) To act as the administrative head of the Commission,

(b) To organize or cause to organize the administrative business of the Commission,

(c) To perform tasks required to be performed in the capacity of the departmental head pursuant to the prevailing law,

(d) To convene meetings of the Commission under the direction of the Chairperson,

(e) To implement or cause to implement the decisions of the Commission. 16. Provision Relating to Employees: (1) There shall be a required number of employees in the Commission.

(2) The employees required for the Commission shall be provided by the Government of Nepal. 17. May Obtain Services of Experts: (1) The Commission may, as needed, obtain the services of various experts in relation to the work of the Commission.

(2) An expert whose services are obtained pursuant to sub-section (1) shall be provided with an allowance as determined by the Commission. 18. May Form Committees or Task Forces: (1) The Commission may, for the purpose of carrying out any of its functions under this Act, form a committee or task force including any member and experts of the relevant subject.

(2) The functions, duties, and powers, the procedures, and the allowances and facilities receivable by members of the committee or task force formed pursuant to sub-section (1) shall be as determined by the Commission. 19. Meeting Allowance: A member shall be entitled to a meeting allowance as determined by the Government of Nepal for participating in the meeting of the Commission. 20. Expenses of the Commission: The expenses required for the Commission shall be arranged by the Government of Nepal. 21.
Nepal Law Commission Act, 2007

19. Meeting Allowance: A member shall be entitled to a meeting allowance as determined by the Government of Nepal for participating in the meeting of the Commission. 20. Expenses of the Commission: The expenses required for the Commission shall be arranged by the Government of Nepal. 21. Commission May be Engaged in Law Drafting Work: The Commission may be engaged in law drafting work as required. 22. Report to be Submitted: The Commission shall submit an annual report of its activities during the year to the Government of Nepal within sixty days from the date of expiry of the fiscal year. 23. Delegation of Powers: The Commission may, as necessary, delegate some of the powers conferred to it under this Act to the Chairperson, Vice-Chairperson, Member, Secretary, or any officer-level employee of the Commission. 24. Assistance to be Provided: Government bodies shall provide necessary assistance to the Commission in relation to its business. 25. Oath of Office: Before assuming office, the Chairperson shall take an oath in the format specified in the Schedule before the Chief Justice, and the Vice-Chairperson and Members shall take such oath before the Chairperson. 26. Contact with Government of Nepal: The Commission shall make contact with the Government of Nepal through the Ministry of Law, Justice and Parliamentary Affairs. 27. Power to Make Rules: For the purpose of implementing the objectives of this Act, the Government of Nepal may, in consultation with the Commission, make necessary rules. 28. Savings: (1) The Nepal Law Reform Commission existing at the time of commencement of this Act shall be deemed to have been formed under this Act.

(2) The acts and proceedings done by the Nepal Law Reform Commission existing at the time of commencement of this Act shall be deemed to have been done by the Commission under this Act.

(3) The Chairperson and Vice-Chairperson working in the Nepal Law Reform Commission at the time of commencement of this Act shall remain in office until the period specified at the time of their appointment. Amended by the Some Nepal Acts Amendment Act, 2064 (2007).Schedule

(Relating to Section 25)

Oath

I, , do sincerely promise/swear in the name of God that I will, remaining loyal to the Nepalese people and the prevailing Constitution and other laws, faithfully and impartially discharge the responsibility and duty of the office of Chairperson/Member I have assumed, without any fear, favor, bias, malice, or greed, and I shall not disclose any matter that comes to my knowledge in the course of discharging my duty in any capacity, whether I am holding office or not, except when required to do so under the prevailing law. Date :

Signature -