chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Secured Transactions Act, 2006

37. Fixtures: (1) A security interest may be created in fixtures. If the goods in which a security interest is created subsequently become fixtures, the security interest shall continue to subsist.

(2) Notwithstanding anything contained in subsection (1), a security interest in ordinary building materials shall terminate at the time such materials are incorporated into immovable property.

(3) The priority of factory machinery, office machinery or household goods that can be easily removed or detached shall not be determined under this section.

(4) Except as otherwise provided in this section, a security interest in fixtures shall be subject to all other real rights in the immovable property.

(5) If notice is registered before the right of the owner of the immovable property or the mortgagee is registered in accordance with the prevailing law, a perfected security interest in fixtures shall have priority over the right of the owner of such immovable property or the right of the mortgagee, notwithstanding any provision in the mortgage deed. Amended by the First Amendment.(6) In relation to a lien required to be registered under this Act, if notice is registered to perfect the security interest in fixtures before the registration of notice, the perfected security interest in fixtures shall have priority over the lien.

(7) If the security interest granted by the chargor before any goods become fixtures is a purchase money security interest, and notice to perfect the security interest is registered before such goods become fixtures or within five days from the date they become fixtures Added by the First Amendment., the perfected security interest in fixtures shall have priority over the right of the owner of the immovable property, the lienholder, or the mortgagee, notwithstanding any provision in the mortgage deed. Provided that the priority determined in this manner shall not apply to a construction mortgage.
Secured Transactions Act, 2006

Provided that the priority determined in this manner shall not apply to a construction mortgage. Explanation: For the purpose of this subsection, "construction mortgage" means a mortgage registered under the prevailing law to secure any liability for payment for construction improvements made to immovable property.

(8) If the secured obligation is not performed, the secured party entitled to priority under this section may remove the fixtures from the immovable property subject to the following:

(a) The secured party removing the fixtures must immediately reimburse any mortgagee other than the chargor for the cost of repairing any damage to the immovable property caused by the removal.

(b) The secured party must compensate such mortgagee or the owner for any decrease in the value of the immovable property resulting from the absence of the removed fixtures or the necessity of their displacement.

(c) The person entitled to reimbursement may refuse to permit removal of such fixtures until the secured party provides adequate assurance that the reimbursement obligation will be fulfilled. 38. Agricultural Products: Amended by the First Amendment.A perfected security interest in agricultural products on immovable property in the possession of the chargor shall have priority over the right of the owner or mortgagee of such property, provided that the chargor’s interest in the immovable property or the immovable property itself is registered under the prevailing law. 39. Accession: (1) Goods shall be deemed to have acceded to other goods if they are physically integrated with other goods in a manner that does not destroy their original identity.

(2) A security interest may be created in goods that are to become accessions, and such security interest shall continue in the accession as well as in the collateral.
Secured Transactions Act, 2006

If the security interest in the collateral was perfected at the time of accession, the security interest shall be deemed perfected in the accession as well.

(3) Deleted by the First Amendment If the obligation is not performed, the secured party may remove the accession from the whole goods, provided that the security interest in the accession has priority over the claims of every person having an interest in the whole goods.

(4) A secured party removing an accession shall reimburse any person other than the chargor who has an interest in the whole goods for any physical damage caused to the whole goods, as follows, and the secured party's right shall be subject to the right of such person:

(a) The secured party removing the accession must immediately reimburse any mortgagee other than the chargor for the cost of repairing any damage to the immovable property caused by the removal.

(b) The secured party must compensate the chargor or other secured party for any decrease in the value of the immovable property resulting from the absence of the removed goods or the necessity of their displacement.

(c) The person entitled to reimbursement may refuse to permit removal of such goods until the secured party provides adequate assurance that the reimbursement obligation will be fulfilled. 40. Commingled Goods: (1) Goods are commingled if they are physically integrated with other goods in a manner that destroys their identity in the product or mass.

(2) A security interest may not be created in commingled goods. Provided that a security interest may be created in the product or mass resulting from such commingled goods.

(3) If the collateral becomes commingled goods, the security interest attaches to the product or mass.

(4) Amended by the First Amendment.If the security interest in the collateral was perfected by registration prior to the collateral becoming commingled goods, the registration continues perfected with respect to the security interest attached to the product or mass, whether or not the commingled goods are specified.
Secured Transactions Act, 2006

The priority of the security interest in the product or mass shall be calculated from the time of priority of the security interest in the commingled collateral.

(5) If more than one security interest attaches to the product or mass of commingled goods, priority shall be determined as follows:

(a) A security interest that was perfected at the time the collateral became commingled goods has priority over a security interest that was unperfected at that time.

(b) A security interest that attached first to the product or mass has priority over an unperfected security interest.

(c) If more than one security interest is perfected, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods. 41. Purchase of Secured Sale Agreements and Instruments: A buyer of a secured sale agreement or instrument in the following circumstances shall have priority over a conflicting security interest in the secured sale agreement or instrument and the proceeds thereof:

(a) If the buyer, in the ordinary course of business, gives new value and takes possession of the secured sale agreement or instrument, and

(b) If the secured sale agreement or instrument does not indicate that it has been transferred to a person holding a conflicting security interest. 42. Assignments: Amended by the First Amendment.(1) A person may assign some or all of his rights in an account.

(2) The terms of the agreement between the account debtor and the assignor shall be binding on the assignee.

(3) Except as otherwise provided in this section, no notification is required to be given to the account debtor regarding the attachment, perfection, or enforcement of a security interest arising from an assignment.

(a1) Added by the First Amendment.An assignment of an account is effective, notwithstanding any provision in an agreement between the account debtor or any other person and the assignor that restricts the assignor’s right to assign the account.

(b1) Added by the First Amendment.No person other than the assignor or assignee is liable for a breach of contract by the assignor, and the account debtor is not discharged from any obligation created by the account or the assignment agreement solely on the ground of a breach of the assignment agreement by the other party.

(4) If notification of the assignment is required to be given to the account debtor, such notification must be in writing and must reasonably identify the assigned rights and be signed by the assignor or the assignee.

(5) After receiving notification of the assignment, the account debtor shall discharge his obligation by paying the assignee and not the assignor.
Secured Transactions Act, 2006

If requested by the account debtor, the assignee must promptly furnish reasonable proof that the assignment has been made. If the assignee fails to furnish reasonable proof of the assignment, the account debtor may discharge his obligation by paying the assignor, even if he has received notification of the assignment. 42A. Added by the First Amendment.Right to Collect Accounts: Subject to the provisions of this Act regarding the exercise of the right to assign or collect, an assignee under a complete assignment of an account may, after the payment is due, proceed directly to collect such account without judicial proceedings, at any time. 43. Restrictions or Prohibitions on Sale or Assignment: An agreement between the secured party and the chargor that prohibits or restricts the sale or assignment of an account, a lease, or a secured sale agreement shall not be enforceable. 44. Future Advances: If the perfected security interest secures future advances, the rights of a lienholder shall have priority over the security interest to the extent of advances made after the later of: the time the lienholder actually Amended by the First Amendment.knows of the lien, or twenty-one days after the date of registration of the notice of lien Amended by the First Amendment. in the notice registration record. 45. Modification of Priority: A person entitled to priority under this Act may agree to modify or subordinate such priority. No registration of notice is required for such an agreement. 45A. Added by the First Amendment.Prior Right to Notice: Before exercising rights in the collateral, the secured party must give notice to any other secured party who has a prior right in such collateral. The secured party with the first priority may, at any time before the completion of the enforcement process, accept and proceed with such enforcement process. Chapter 5

Enforcement of Security Interest

46.
Secured Transactions Act, 2006

The secured party with the first priority may, at any time before the completion of the enforcement process, accept and proceed with such enforcement process. Chapter 5

Enforcement of Security Interest

46. Provisions Regarding Performance of Obligations: (1) The parties to a security agreement may by mutual agreement make necessary provisions regarding the performance of obligations.

(2) If the obligation is not performed, the secured party shall have the following rights:

(a) The secured party may take possession or control of the collateral in accordance with his discretion, even if the security agreement does not contain any provision regarding possession or control.

(b) To sell or dispose of the collateral.

(c) To exercise other rights and remedies provided in this Act.

(d) To exercise other rights and remedies provided in the security agreement.

(e) To exercise rights and remedies available under other prevailing laws.

(3) The secured party may exercise any or all of the rights available to him simultaneously.

(4) If the obligation is not performed and the collateral consists of accounts or Amended by the First Amendment.other rights to payment, the secured party may, subject to the provisions of this Act regarding the exercise of rights to assign or collect, proceed directly to take necessary action in respect of such accounts or Amended by the First Amendment.other rights to payment without judicial proceedings.

(5) If the obligation is not performed and the collateral consists of a document, the secured party may take necessary action in respect of such document and the goods covered by it.

(6) If the secured party obtains an order for possession, priority over the collateral shall be calculated from the earlier of the date of registration of notice or the date of perfection of the security interest.

(7) When selling the collateral by order of a competent authority or through a public auction, the secured party may purchase such collateral. 47. Secured Party's Right to Collect: (1) If the obligation is not performed, the secured party may notify the person known as the account debtor or any other person obligated to make payment in respect of an account, a secured sale agreement, or any other right to receive payment, and may also take control of any subsequent proceeds.

(2) If the security interest secures a debt, the secured party shall pay to the chargor any surplus collected in excess of the amount of the secured debt and the expenses deductible under this Chapter.
Secured Transactions Act, 2006

Unless otherwise agreed, if there is a deficiency between the amount collected and the secured debt plus deductible expenses under this Chapter, the chargor shall pay such deficiency to the secured party.

(3) In the case of a transaction involving the sale of an account or a secured sale agreement, the secured party is entitled to any surplus only if so provided in the security agreement, and he shall be responsible for any deficiency.

(4) Deleted by the First Amendment

48. Secured Party's Right to Take Possession of Collateral: (1) If the chargor fails to Amended by the First Amendment.perform the obligation, the secured party may take possession or control of the collateral without judicial proceedings.

(2) Deleted by the First Amendment

(3) Deleted by the First Amendment

(4) Subject to the security agreement, the secured party may require the chargor to assemble the collateral and make it available to the secured party at a place reasonably convenient to both parties as designated by the secured party.

(5) The secured party may render any equipment unusable without removing it from the place where it is located, and may sell the collateral at the chargor's place of business, residence, or any other place where the collateral is located or found. 49. Right to Obtain Relief if Enforcement is Hindered or Obstructed: (1) If the chargor prevents, hinders, or obstructs the enforcement of the security interest, the sale or other disposition of the collateral, contrary to this Act, the security agreement, or the prevailing law, the secured party may file a petition in court for the protection of the collateral in the following circumstances:

(a) If the collateral has been damaged, or is likely to be damaged, or has been wrongfully transferred, or is likely to be transferred.

(b) If the collateral is in danger of being lost or cannot be located.

(c) If the chargor cannot be located.

(2) Upon a petition filed under subsection (1), the court may issue orders as follows:

(a) To restrain the chargor or any other person in possession of the collateral from selling or disposing of it.

(b) To order the chargor or any other person having knowledge of the collateral to appear before the court and provide information regarding the collateral.

(c) To order the chargor to deliver possession of the collateral to the secured party.

(d) To order any person who has obtained the collateral subject to the security interest under this Act to deliver possession of such collateral to the secured party. 50.
Secured Transactions Act, 2006

50. Secured Party's Right to Sell Collateral: (1) If the obligation is not performed, the secured party may sell, lease, license, or otherwise dispose of any or all of the collateral.

(2) The collateral may be disposed of publicly or privately, by one or more contracts.

(3) The disposition of the collateral may be made at any time, place, or on any terms, separately or in bulk, in a manner consistent with the secured party's duties under this Act.

(4) Amended by the First Amendment.Except for collateral that is perishable, liable to decline rapidly in value, or of a type where notification is impracticable, the secured party must give reasonable notification of the time and place of any public disposition, or the time after which any private disposition or other intended disposition is to be made, to the chargor or any other secured party having a perfected subordinate security interest in the collateral.

(5) The secured party may Amended by the First Amendment.purchase the collateral at a public disposition. 51. Effect of Disposition: (1) The proceeds of a disposition shall be applied in the following order of priority:

(a) Reasonable expenses incurred by the secured party in recovering, taking possession, preparing for disposition, and disposing of the collateral, including reasonable attorney's fees and legal costs incurred.

(b) The debt secured by the security interest.

(c) The debt secured by any subordinate security interest in the collateral, if a written request is received before the distribution of the proceeds and the holder of such subordinate interest provides reasonable proof of that interest.

(2) The secured party shall return any surplus remaining from the proceeds of the disposition to the chargor, and unless otherwise agreed, the chargor shall be liable for any deficiency.

(3) When the secured party disposes of the collateral due to non-performance of the obligation, the following shall apply:

(a) Amended by the First Amendment.The person who pays value and purchases the collateral upon its disposition acquires the collateral free of the security interest, any subordinate security interest, or any privilege, subject to the superior priority security interest.

(b) The office maintaining records of ownership of the collateral shall, if requested, Amended by the First Amendment.provide a new certificate of ownership to the buyer who pays value. The secured party shall present to that office either a court order for possession in a form acceptable for issuing a new certificate of ownership, or a written agreement by the chargor to transfer possession to the secured party upon non-performance of the obligation. 52.
Secured Transactions Act, 2006

The secured party shall present to that office either a court order for possession in a form acceptable for issuing a new certificate of ownership, or a written agreement by the chargor to transfer possession to the secured party upon non-performance of the obligation. 52. Retaining or Taking Control of Collateral: (1) If the obligation is not performed, the secured party may propose to retain or take control of the collateral in satisfaction of the secured obligation, in whole or in part.

(2) The secured party must make the proposal under subsection (1) to the chargor and to any other secured party having a Amended by the First Amendment.perfected subordinate security interest in the collateral.

(3) If the secured party receives a written objection from a person entitled to receive notification under subsection (2) within twenty-one days after the notice is sent, the secured party shall dispose of such collateral in accordance with the provisions of this Chapter.

(4) If no objection is received within the period under subsection (3), the secured party may retain or take control of the collateral in satisfaction of the chargor's obligation as proposed under subsection (1). Amended by the First Amendment.53. Right to Redeem or Accept Collateral: (1) Unless otherwise agreed in writing, if the obligation is not performed, the chargor may redeem the collateral by fulfilling all obligations secured by the collateral and paying the secured party's reasonable attorney's fees and other legal costs, as well as other reasonable expenses incurred by the secured party in recovering, taking possession, preparing for disposition, or disposing of the collateral, before the collateral is sold.

(2) If the chargor does not redeem the collateral under subsection (1), or if the collateral is not sold when the secured party disposes of it under this Act, the secured party may accept the collateral in satisfaction of the obligation. Provided that if the security agreement contains any provision regarding acceptance of the collateral, that provision shall prevail. 54.
Secured Transactions Act, 2006

Provided that if the security agreement contains any provision regarding acceptance of the collateral, that provision shall prevail. 54. Liability of Secured Party for Non-Performance: (1) If the secured party fails to comply with the provisions of this Chapter, the court may issue an order specifying appropriate terms and conditions for the disposition of the collateral or restraining the disposition.

(2) The secured party must dispose of the collateral in a commercially reasonable manner.

(3) After the disposition of the collateral, the chargor, or any person entitled to receive notice, or any person who informed the secured party of his interest in the collateral before the disposition, may recover from the secured party any damages caused by non-compliance with the provisions of this Chapter.

(4) The fact that a higher price could have been obtained by selling the collateral at a different time or in a different manner than that chosen by the secured party is not of itself sufficient to establish that the disposition was not made in a commercially reasonable manner.

(5) If the secured party disposes of the collateral in the usual manner recognized in the market for such collateral, the disposition is deemed to be commercially reasonable.

(6) If a particular method of disposition is approved in any legal proceeding, the disposition is deemed to be fully commercially reasonable. Chapter 6
Offenses and Penalties

55. Offenses: (1) A person shall be deemed to have committed an offense under this Act if he does or causes to be done any of the following:

(a) Amended by the First Amendment.Willfully includes false particulars in a notice filed in the registration record.

(b) Obstructs the registration of a notice under this Act.

(c) Obstructs any person's right to use, enjoy, take possession of, or encumber property.

(2) If the Registrar or his representative issues a false certificate or destroys or falsifies any record in the Amended by the First Amendment.registration record, he shall be deemed to have committed an offense under this Act.

(3) Any person who commits an offense under this Act shall be liable, depending on the gravity of the offense, to a fine of fifty thousand rupees to five hundred thousand rupees, or imprisonment for up to six months, or both.

(4) If any person, while in possession of the collateral, causes damage to it by negligence or carelessness, he shall be liable to a fine proportionate to the value of the collateral, and the aggrieved person may recover reasonable compensation from the person causing the damage by negligence or carelessness.

(5) A person who suffers loss or damage from an offense under subsection (2) may recover compensation. 56.
Secured Transactions Act, 2006

56. Government of Nepal to be the Plaintiff: (1) In cases involving penalties under this Act, the Government of Nepal shall be the plaintiff, and such case shall be deemed to be included in Schedule-1 of the Transformed by the Act Relating to Amendments, Consolidation, Adjustment, and Repeal of Certain Nepal Laws, 2074 and amended by the Act Relating to Amendments to Certain Nepal Laws Concerning the Civil Code, 2075.Muluki Criminal Procedure Code, 2074.

(2) The investigation and inquiry of an offense under this Act shall be conducted by at least a Police Inspector, who may consult with an expert on the relevant subject during such investigation and inquiry. Chapter 7
Transitional Provisions

57. Transactions Conducted Before the Commencement of this Act: (1) In relation to a hypothecation agreement, pledge agreement, hire purchase agreement, or lease agreement of goods as defined in this Act, entered into before the commencement of this Act, the following shall apply. For the purpose of this section, such transactions shall be treated as pre-existing transactions conducted before the application of this Act:

(a) Except as otherwise provided in clauses (b) and (c), the validity, effect, and enforcement of such pre-existing transactions shall be determined in accordance with the prevailing law at the time the agreement was made.

(b) To the extent that a security interest created by a transaction completed before the commencement of this Act conflicts with a security interest created after the commencement of this Act, the security interest created under this Act shall prevail.

(c) A secured party under a pre-existing transaction may register a notice of the security interest in accordance with the method under Chapter 2, within one year from the date the registration office commences its operations. The priority of perfection established by registration under this Act shall be calculated from the date the registration office is established.

(2) Notwithstanding anything elsewhere in this Act, if any transaction falling within the jurisdiction of this Act was completed between the date of commencement of this Act and the time the registration office is established and operational, such transaction shall be deemed to have been made subject to subsection (1). Chapter 8
Miscellaneous

58. Termination of Security Interest: (1) A security interest terminates if no secured obligation remains and the secured party has no commitment to make future advances, incur obligations, or otherwise give value.

(2) In relation to a sold account or secured sale agreement, the security interest terminates upon the performance of the obligation by the account debtor. Added by the First Amendment.58A.
Nepal Treaty Act, 1990

Nepal Treaty Act, 2047

Lalmohar and Publication Date
2047.08.01
Certification and Publication Date

Amending Acts

1. This Act came into force from Jestha 15, 2065. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.07
2. Some Nepal Acts Amendment Act, 2072 2072.11.13
3. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 16 of the year 2047

An Act Made to Provide for the Procedure Relating to Treaties

Preamble: Whereas it is expedient to make legal provisions regarding the procedure for the signature, ratification, accession, acceptance or endorsement of a treaty or agreement to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party, and regarding the implementation of such a treaty or agreement;

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has, in accordance with Article 129 of the Constitution, with the advice and consent of the Council of Ministers, enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be cited as the "Nepal Treaty Act, 2047".

(2) This Act shall be deemed to have commenced from Kartik 23, 2047.

(3) This Act Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall apply in respect of a treaty to which Nepal or the Government of Nepal is a party after Kartik 23, 2047. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Treaty" means an agreement concluded in writing between two or more States or between any State and an inter-governmental organization, and the term shall also include any instrument of any such nature, whatever its designation.

(b) "Full Powers" means a document issued by the Government of Nepal authorizing a person to negotiate a treaty, or to adopt the final draft or authentic text of a treaty, or to sign a treaty, and the term shall also include the authority granted to make a reservation while negotiating or signing such a treaty, or to do any other act in relation to such a treaty.

(c) "Reservation" means a declaration made by a party, when signing a multilateral treaty or when ratifying, acceding to, accepting or endorsing such a treaty, that any provision of that treaty shall not apply to that party, and the term shall also include a declaration made by a party clarifying the interpretation of such a provision in its respect.

(d) "Denunciation of Treaty" means a declaration made to terminate a treaty by complying with the procedure specified in the treaty.

(e) Amended by the Some Nepal Acts Amendment Act, 2072. "Constitution" means the Constitution of Nepal. 3.
Nepal Treaty Act, 1990

3. Authority to Conclude a Treaty: (1) No person other than the President, the Prime Minister or the Minister for Foreign Affairs shall, without Full Powers, negotiate, adopt the final draft or authentic text of, sign, or make a reservation in respect of, or do any other act in relation to, any treaty on behalf of Nepal or the Government of Nepal.

(2) Notwithstanding anything contained in Sub-section (1), the Nepali Ambassador or Head of Mission representing Nepal in any foreign State or inter-governmental organization may negotiate or adopt the final draft or authentic text of a treaty on any subject with such State or inter-governmental organization, and the leader of a delegation participating in any international conference may do so in respect of a treaty concluded at that conference. 4. Procedure for Ratification and Accession to a Treaty: (1) Amended by the Some Nepal Acts Amendment Act, 2072. In respect of treaties on subjects other than those mentioned in Sub-section (2) of Article 279 of the Constitution, if ratification, accession, acceptance or endorsement of a treaty is required by its provisions, or if it is desired to accede to any treaty, the Government of Nepal shall present a proposal to that effect to the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives.

(2) The proposal relating to the ratification, acceptance, endorsement or accession to a treaty presented under Sub-section (1) shall be passed by a majority of the members present in the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives.

(3) After the proposal is passed by the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives under Sub-section (2), the Government of Nepal shall give notice of ratification, acceptance, endorsement or accession in accordance with the provisions of that treaty to the concerned party or authority.

(4) In the case of a treaty establishing any inter-governmental organization or granting membership in any such organization, or a treaty contrary to the prevailing law, even if that treaty does not provide for ratification, accession, acceptance or endorsement, Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal shall not become a party to such a treaty unless the proposal is passed by the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives. 5. Ratification, Accession, Acceptance or Endorsement of Certain Specific Treaties: (1) Amended by the Some Nepal Acts Amendment Act, 2072.
Nepal Treaty Act, 1990

House of Representatives. 5. Ratification, Accession, Acceptance or Endorsement of Certain Specific Treaties: (1) Amended by the Some Nepal Acts Amendment Act, 2072. When ratification, acceptance or endorsement of a treaty on subjects mentioned in Sub-section (2) of Article 279 of the Constitution is required, or when permission to accede to such a treaty is required, the Government of Nepal shall present a proposal to that effect to the Amended by the Some Nepal Acts Amendment Act, 2082. Federal Parliament.

(2) In respect of a treaty presented under Sub-section (1), after the proposal is passed by the Amended by the Some Nepal Acts Amendment Act, 2082. Federal Parliament in accordance with Sub-section (2) of Article 279 of the Constitution Amended by the Some Nepal Acts Amendment Act, 2072., the Government of Nepal shall give notice of ratification, accession, acceptance or endorsement of such a treaty in accordance with the provisions of that treaty to the concerned party or authority. 6. Treaties Signed and Put into Effect by the Government of Nepal: Treaties on any subject other than those mentioned in Section 4 or Sub-section (2) of Article 279 of the Constitution Amended by the Some Nepal Acts Amendment Act, 2072. shall be deemed to have been accepted and as having made Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal a party thereto, upon signature by a decision of the Government of Nepal. 7. Denunciation or Suspension of a Treaty: The Government of Nepal shall have the power to denounce, suspend partially or wholly, or revive the suspension of a treaty to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party, unless otherwise provided in that treaty, and if such treaty relates to subjects mentioned in Sub-section (2) of Article 279 of the Constitution Amended by the Some Nepal Acts Amendment Act, 2082., information thereof shall be given to the Federal Parliament, and if it is under Section 4, information thereof shall be given to the House of Representatives. 8. Treaty Not Retrospective: Unless otherwise provided in a treaty, a treaty shall not be applied with retrospective effect. 9. Treaty Provisions to Apply as Law: (1) If any provision of a treaty which has been ratified, acceded to, accepted or endorsed by the Amended by the Some Nepal Acts Amendment Act, 2082.
Nepal Treaty Act, 1990

9. Treaty Provisions to Apply as Law: (1) If any provision of a treaty which has been ratified, acceded to, accepted or endorsed by the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives or the Federal Parliament and to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party, conflicts with the prevailing law, the prevailing law shall, to the extent of the conflict, be invalid for the purpose of that treaty, and the provision of the treaty shall apply as Nepali law in that respect.

(2) If a treaty to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party has not been ratified, accepted or endorsed, or accession has not been approved, by the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives or the Federal Parliament, but such treaty imposes any additional obligation or burden on Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal and requires legal provision for its implementation, the Government of Nepal shall initiate proceedings to make a law as soon as possible for the implementation of that treaty. 10. To be Presented before the Legislature-Parliament: A list of treaties accepted by the Government of Nepal under Section 6 shall be presented to the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives for information within one month of the sitting of the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives. 11. Registration of Treaties: The Government of Nepal may cause such treaties to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party as it deems appropriate to be registered with the Secretariat of the relevant international organization or the United Nations. 12. Publication of Treaties: Authentic copies of such treaties to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal is a party as the Government of Nepal deems appropriate shall be published in the Nepal Gazette. Provided that treaties which have been ratified, accepted or endorsed by the Amended by the Some Nepal Acts Amendment Act, 2082. House of Representatives or the Federal Parliament, and treaties to which Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or the Government of Nepal has acceded by a decision of the Amended by the Some Nepal Acts Amendment Act, 2082.
Local Level Election Act, 2017

Chapter-2
Election Program and Election System

3. Election: (1) The election of members shall be held two months before the expiration of the term of the Rural Assembly or Municipal Assembly. Provided that, in the case of the first election held after the commencement of this Act, the election shall be held on the date fixed pursuant to Section 4.

(2) If the post of Chief, Deputy Chief of the District Coordination Committee, Chairperson, Vice-Chairperson and Ward Chairperson of Rural Municipality and Chief, Deputy Chief and Ward Chairperson of Municipality falls vacant for any reason before the expiration of their term of office, such vacant post shall be filled by by-election on a date fixed by the Government of Nepal, after consultation with the Election Commission, for the remainder of the term. Provided that no by-election shall be held if the remaining term is less than one year. 4. Fixing Date of Election: (1) The Government of Nepal shall fix a date for conducting the election of the local level. Provided that the Government of Nepal shall consult the Commission before fixing the date of such election.

(2) If it is not possible to complete the election in a single phase on the date fixed pursuant to sub-section (1), separate dates may also be fixed to complete the election in two or more phases, with the election commencing from the fixed date.

(3) While fixing the election date pursuant to sub-section (2), it shall generally be fixed so that the election of all members of local levels within one province is completed in one phase.

(4) An election completed on separate dates pursuant to sub-section (2) shall be deemed to have been completed on the date fixed pursuant to sub-section (1).

(5) A notice of the fixing of the election date pursuant to sub-sections (1) and (2) shall be published in the Nepal Gazette. 5.
Local Level Election Act, 2017

6. Election System: (1) In the election of Chairperson, Vice-Chairperson, Chief, Deputy Chief and Ward Chairperson, the first-past-the-post election system shall be adopted based on one vote for one post through the process of secret ballot.

(2) In the election of two women Ward members, including one Dalit woman, and two Ward members of the Ward Committee of the Rural Municipality or Municipality, the election system shall be adopted whereby two persons each securing the highest number of votes are elected based on one vote each for each member through the process of secret ballot.

(3) For the women members of the Rural Municipal Executive and Municipal Executive, the members of the concerned Rural Assembly or Municipal Assembly shall hold an election by secret ballot based on the election system whereby four persons securing the highest number of votes in the case of the Rural Municipal Executive and five persons securing the highest number of votes in the case of the Municipal Executive shall be elected from among themselves.

(4) For the members from the Dalit or minority community in the Rural Municipal Executive and Municipal Executive, the members of the concerned Rural Assembly or Municipal Assembly shall hold an election by secret ballot based on the election system whereby two persons securing the highest number of votes in the case of the Rural Municipal Executive and three persons securing the highest number of votes in the case of the Municipal Executive shall be elected.

(5) For the District Coordination Committee, the members of the concerned District Assembly shall elect one Chief, one Deputy Chief, at least three women, and at least one person from the Dalit or minority community from among the members of the Rural Assemblies or Municipal Assemblies within the concerned district.

(6) The election system for members from women, Dalit or minority communities pursuant to sub-sections (3) and (4) and the provisions relating to the election of the District Coordination Committee pursuant to sub-section (5) shall be as prescribed. Chapter-3
Chief Election Officer, Election Officer, Presiding Officer and Other Employees

7. Appointment of Election Officer: (1) For performing or causing to be performed the works to be done in the election pursuant to the Constitution, this Act and the prevailing federal law, the Commission shall appoint one Chief Election Officer in each district and Election Officers as required.

(2) The Commission shall appoint, in consultation with the Judicial Council, a District Judge as the Chief Election Officer, and, in consultation with the Judicial Service Commission, a gazetted officer of the Judicial Service as the Election Officer.
Local Level Election Act, 2017

Provided that, if it is not possible to appoint only a gazetted officer of the Judicial Service as the Election Officer in this manner, a gazetted officer of other services within the civil service may also be appointed. 8. Duties, Functions and Powers of Chief Election Officer: (1) It shall be the duty of the Chief Election Officer to coordinate and supervise the election-related works within the district assigned to him/her and give necessary instructions, remaining under the direction of the Commission.

(2) The Chief Election Officer shall also exercise the duties, functions and powers of the Election Officer of the local level located at the district headquarters of the district assigned to him/her. 9. Duties, Functions and Powers of Election Officer: (1) It shall be the duty of the Election Officer to perform or cause to be performed all works and proceedings relating to conducting the election of the local level assigned to him/her in a clean, impartial and free manner pursuant to this Act, remaining under the direction of the Commission and the Chief Election Officer.

(2) Other duties, functions and powers of the Election Officer shall be as prescribed.

(3) The Election Officer may delegate his/her powers as required to the employees deployed for election work. 10. Appointment of Assistant Election Officer and Other Employees: (1) The Election Officer may appoint Assistant Election Officers and other employees in the number as specified by the Commission.

(2) The Election Officer may deploy or assign employees of the Government of Nepal, Provincial Government and local levels, or employees of institutions owned or controlled by the Government of Nepal or Provincial Government or operated on grant from the Government of Nepal, or teachers or employees of universities or community schools, for any election-related work.

(3) While deploying employees and teachers for the election pursuant to sub-sections (1) and (2), they shall be deployed so that, in the case of an employee, it does not fall within the concerned ward of the place where his/her home address is located, and, in the case of a teacher, it does not fall within the concerned ward of the place of work and the place where his/her home address is located. 11.
Local Level Election Act, 2017

11. Appointment of Presiding Officer: (1) The Election Officer may appoint employees of the Government of Nepal, Provincial Government and local levels, or employees of institutions owned or controlled by the Government of Nepal or Provincial Government or operated on grant from the Government of Nepal, or teachers or employees of universities or community schools, as Presiding Officer or Assistant Presiding Officer.

(2) While appointing Presiding Officer or Assistant Presiding Officer pursuant to sub-section (1), the appointment shall be made so that, in the case of an employee, it does not fall within the concerned ward of the place where his/her home address is located, and, in the case of a teacher, it does not fall within the concerned ward of the place of work and the place where his/her home address is located.

(3) The Presiding Officer and Assistant Presiding Officer appointed pursuant to sub-section (1) shall cause to be completed all works relating to conducting voting in a clean, impartial and free manner as specified by this Act and the rules made or orders issued under this Act.

(4) Other duties, functions and powers of the Presiding Officer and Assistant Presiding Officer shall be as mentioned in the orders, directions and guidelines issued by the Commission. Chapter-4
Candidature and Nomination Paper

12. Qualification of Candidate: To become a candidate in an election, a person must fulfill the following qualifications:-

(a) a citizen of Nepal,

(b) has completed the age of twenty-one years,

(c) has his/her name included in the voter list of the concerned ward of the Rural Municipality or Municipality, and

(d) is not disqualified by any law. 13.
Local Level Election Act, 2017

13. Disqualification of Candidate: Notwithstanding anything written elsewhere in this Act, the following persons shall be deemed disqualified to be candidates in an election:-

(a) one who does not possess the qualification pursuant to Section 12,

(b) a non-Nepali citizen,

(c) one who is currently employed on a remunerative basis in the Government of Nepal, Provincial Government, or in an institution owned or controlled by the Government of Nepal or Provincial Government, or in an institution receiving grants from the Government of Nepal,

(d) one who is currently employed on a remunerative basis in any local level or in an institution owned or controlled by a local level, or in an institution receiving grants from a local level,

Explanation: For the purpose of this clause, "local level" also means the Village Development Committee, Municipality or District Development Committee existing at the time of commencement of this Act.

(e) one who has been punished according to the prevailing law relating to elections and has not served two years from the date of completing such punishment,

(f) one who has been punished for an offense relating to corruption, rape, human trafficking and transportation, sale and distribution or export or import of narcotic drugs, money laundering, passport misuse, kidnapping, or other criminal offenses involving moral turpitude, or has been sentenced to life imprisonment or imprisonment for twenty years or more for any offense, and such judgment has become final,

(g) one who has been punished with imprisonment for an offense relating to organized crime, or has been punished with imprisonment for less than twenty years for an offense relating to culpable homicide, and six years have not elapsed from the date of completing such punishment,

(h) one who has been punished with imprisonment for an offense relating to caste discrimination and untouchability, witchcraft, or polygamy, and three years have not elapsed from the date of completing such punishment,

(i) one who has been punished with imprisonment for five years or more for an offense other than those mentioned in clauses (f) and (g), and six years have not elapsed from the date of completing such punishment,

(j) one who is on the blacklist pursuant to the prevailing law, for the duration of such period,

(k) one who is in custody, for the duration of custody,

(l) one whose mental balance is not sound,

(m) one who is disqualified by the prevailing law. 14.
Local Level Election Act, 2017

14. Candidature to be Void: (1) If, before the declaration of the election result, a question arises that a candidate is or has become disqualified pursuant to Section 13, and upon making necessary inquiry in that regard, the Election Officer determines that he/she is disqualified, the candidature of such candidate shall be void.

(2) Before voiding the candidature pursuant to sub-section (1), the Election Officer shall give the concerned candidate an opportunity to submit his/her defense by providing at least twenty-four hours' time. 15. Vacation of Office: (1) If a person elected to the post of a member is determined by a court to have been disqualified pursuant to Section 13, he/she shall vacate such post.

(2) Notice of the vacation of office pursuant to sub-section (1) shall be given by the Commission to the concerned person.

(3) Provisions relating to filing complaints in court regarding the disqualification of a person elected to the post of a member shall be as prescribed. 16. Calculation of Age of Candidate: For the purpose of being a candidate in an election, in calculating the age of the candidate, he/she must have completed the age of twenty-one years by the date of filing the nomination paper. 17.