chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Health Service Act, 1997

74. Removal or Dismissal from Service: (1) In any of the following circumstances, an employee may be removed from service without being disqualified for future government service:–

(a) If he/she has acted negligently or maliciously;
(b) If the employee is unable to perform the work or responsibility of his/her post;
(c) If he/she has repeatedly violated conduct-related matters;
(d) If he/she repeatedly consumes intoxicating substances during office hours;
(e) If he/she repeatedly commits indiscipline;
(f) If he/she participates in politics;
amended by the third amendment. (g) If he/she has received reprimands more than twice regarding failure to maintain discipline and obey orders under Section 53;
(h) If he/she remains absent from his/her office continuously for sixty days without approval of leave;
added by the third amendment. (h1) If he/she does not report for duty and work at the office where posted or deputed;
(i) If he/she fails to serve for the prescribed period under Section 35.

(2) In any of the following circumstances, an employee may be dismissed from service, rendering him/her disqualified for future health service:–

(a) If found guilty by a court of a criminal offense involving moral turpitude.
(b) If involved in corruption.

added by the third amendment. 74A. Special Provision Relating to Departmental Action and Punishment: Notwithstanding anything written elsewhere in this Act, if a request is made by the Commission for the Investigation of Abuse of Authority under the Commission for the Investigation of Abuse of Authority Act, 2048, or by the concerned body under the prevailing law, to take departmental action against an employee, departmental punishment must be given accordingly after completing the necessary procedure.

amended by the third amendment. 75. Authority to Impose Departmental Punishment: (1) The authority to order punishment under clause (a) of Section 72 shall vest in the prescribed Officer.

(2) The authority to order punishment under clause (b) of Section 72 shall vest in the following officers or bodies:–

(a) For employees working at the eleventh level and above — Government of Nepal, Council of Ministers;
(b) For employees working at the sixth, seventh, eighth, ninth, and tenth levels — Secretary of the Ministry;
(c) For employees working at the fourth and fifth levels — Chief of the concerned Department/Office. 76.
Nepal Health Service Act, 1997

76. Appeal Against Order of Special Punishment: (1) An employee may appeal against an order of special punishment given under Sub-clause (1) or (2) of clause (b) of Section 72 by the officer authorized to impose departmental punishment, to the Administrative Court established under the prevailing law, amended by the Administrative Court Act, 2076. as per the prevailing law.

(2) In relation to an employee, after a final decision on the appeal under this section, if as a result his/her service is to be reinstated, his/her employment shall be terminated if he/she does not appear within three months from the date of notice of such decision.

(3) The appellant may, if he/she wishes, appear personally or through an agent on the hearing date and conduct arguments through a legal practitioner.

amended by the third amendment. 77. May Delegate Authority to Impose Departmental Punishment: The Government of Nepal may, by publishing a notice in the Nepal Gazette, delegate the power of any officer authorized to order punishment under Section 72, to be exercised by the officer specified in that notice for the specified period. 78. Power to Suspend: (1) If it is necessary to investigate any charge mentioned in Section 74 against an employee, the officer authorized to order punishment may suspend such employee until the investigation is completed. Provided that, generally, suspension shall not be made unless the following circumstances exist:–

(a) There is a possibility that allowing the employee to perform duties without suspension may lead to fabrication of false evidence or disappearance of evidence against him/her; or
(b) There is a possibility that allowing the employee to perform duties without suspension may cause government loss or damage.

(2) The officer authorized to order punishment may, along with serving notice of the charge of removal or dismissal from the health service, also suspend the employee.

(3) When suspending an employee under Sub-section (1), the period shall generally not exceed two months. The proceedings against the employee must be concluded within that period. If due to exceptional circumstances the proceedings cannot be concluded within that period and the suspension period needs to be extended, the suspension period may be extended by up to one month with prior approval of the Authorized Officer.

(4) An employee arrested and detained on a criminal charge involving moral turpitude shall be deemed to be automatically suspended for the entire period of such detention. 79. Termination of Suspension: The suspension of an employee shall terminate if he/she is reinstated in his/her post, or if he/she is removed or dismissed from service. 80.
Nepal Health Service Act, 1997

79. Termination of Suspension: The suspension of an employee shall terminate if he/she is reinstated in his/her post, or if he/she is removed or dismissed from service. 80. Must Give Opportunity to Present Defense: (1) Before issuing an order to impose departmental punishment on an employee, the officer authorized to impose departmental punishment must give a reasonable time limit to such employee to present his/her defense, stating the reasons for the proposed action. While giving such opportunity, the charges against him/her shall be clearly specified, and each charge shall be accompanied by the basis and reasons thereof. In such case, the concerned employee must submit his/her defense within the time limit.

(2) The officer authorized to impose departmental punishment may, if deemed necessary, conduct an investigation himself/herself or through any other officer. Such investigating officer must follow the prescribed procedure. 81. Must Propose Punishment Before Issuing Special Punishment Order: Before issuing an order of special punishment, if the officer authorized to impose departmental punishment finds that the defense was not submitted within the time limit given to present defense under Section 80, or that the defense submitted is not satisfactory, he/she must give a reasonable time limit and seek an explanation as to why the proposed punishment should not be given to such employee. 82. Must Seek Advice of Public Service Commission: If, in the course of departmental action proceedings, the defense given by the concerned employee under Section 80 or the explanation given under Section 81 is not satisfactory and it appears necessary to punish such employee, the officer authorized to impose departmental punishment shall propose the punishment to be given to such employee and seek the advice of the Public Service Commission. 83. Procedure When Seeking Advice of Public Service Commission Regarding Departmental Action: (1) When sending a letter seeking the advice of the Public Service Commission under Section 82 regarding imposing departmental punishment on an employee, all documents related to the offense for which such departmental punishment is proposed, and any explanation submitted on behalf of the concerned employee, shall also be sent to the Public Service Commission.

(2) If, in addition to the documents received under Sub-section (1), the Public Service Commission requires any other details concerning the employee, it may request the same from the concerned officer, and it shall be the duty of that officer to provide the details so requested by the Public Service Commission. 84.
Nepal Health Service Act, 1997

84. Not to Remain in Service: (1) The following employees shall not remain in service in the following circumstances:–

(a) If serving in a temporary post, upon expiry of the term of such post;
(b)

(६) If there is a demand for transfer from the designated office bearers of national-level trade unions and authorized trade unions to a location suitable for their work area, the competent authority shall make arrangements to transfer them in a manner that is suitable accordingly.

(७) Central office bearers and executive members of national-level trade unions may be granted leave of up to thirty days in a year to participate in domestic and foreign seminars, workshops, conferences, organizational work, and similar programs related to the union, provided that the work of the designated service is not hindered and no financial liability is incurred to the Government of Nepal.

(८) Registration of a trade union shall not be on a level-wise (cadre) basis of employees. Provided that, trade unions officially registered under the Civil Service Act, 2049 prior to the commencement of this section shall be deemed to be registered under this Act.

(९) The registration of a trade union, the conditions, procedures, and other arrangements relating thereto shall be as prescribed.

९३. Delegation of authority: (१) The Government of Nepal may delegate the powers vested in it under this Act by publishing a notice in the Nepal Gazette to be exercised by the official specified in that notice.

(२) Any official empowered under this Act may delegate the powers vested in him/her to the employees subordinate to him/her to be exercised under his/her general supervision.

९४. To be handed over: Every employee shall hand over the cash, goods, or documents that he/she is required to hand over to the concerned employee within the prescribed time limit, and the person who is to receive them shall also take them over within the same time limit.

९५. Power to make rules: The Government of Nepal may make necessary rules to implement the objectives of this Act.

९६. Repeal and saving: (१) Clause (j) of section 3 of the Civil Service Act, 2049 is deleted.

(२) All actions and proceedings done in relation to employees of the Nepal Health Service under the Civil Service Act, 2049 and the rules made thereunder shall be deemed to have been done under this Act.
Social Behavior (Reform) Act, 1976

Social Conduct (Reform) Act, 2033 (1976)

Royal Seal and Date of Publication
2033.7.4

Amending Acts

1. Administration of Justice Act, 2048 (1991) 2048.2.16
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.07
3. Some Nepal Laws Amendment and Repeal Act, 2072 (2015) 2072.6.14
4. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13

Act No. 31 of the year 2033 (1976)



An Act Made to Reform Social Conduct

Preamble: Whereas it is desirable to control and reform the increasing competitive ostentation and wasteful expenditure occurring in social conduct,

This Act is hereby made by His Majesty King Birendra Bir Bikram Shah Dev on the advice and with the consent of the National Panchayat. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Social Conduct (Reform) Act, 2033 (1976)."

(2) This Act shall extend to omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). throughout Nepal.

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

(a) "Social conduct" means marriage, sacred thread ceremony (bratabandha), tonsure (chudakarma), rice-feeding ceremony (pasni), naming ceremony (nwaran), birthday, sixth-day ritual (chhaithi), old-age rice-feeding ceremony (budo-pasni), and ancestral rites (pitri-karya).

(b) "Close relative" means a relative within four generations on the father's side and mother's side of the person whose social conduct is being performed, and the term also includes the family of a brother with whom one must observe untouchability (juto) for thirteen days; nephews and nieces; grandchildren through one's daughter; children of one's father's sister; children of one's elder step-mother and younger step-mother; daughter and son-in-law; sister and brother-in-law; elder sister's husband; and mit (ritual friend). Provided that, in the case of ancestral rites (pitri-karya), the relative of the person performing the ancestral rites shall be understood as above. 3. Restriction on Tilak: (1) No tilak (engagement gift) shall be taken or given at the time of marriage.

(2) A person contravening sub-section (1) shall be liable to confiscation of the amount involved and a fine of twelve thousand to twenty-five thousand rupees, or imprisonment for up to thirty days, or both. 4.
Social Behavior (Reform) Act, 1976

4. Bride's Party Not to Take: (1) When giving a daughter in marriage, the bride's party shall not, on that account, take any cash or kind for themselves.

(2) No demand shall be made by the groom's party as to how much jewelry, clothing, cash or kind, or dowry (jetha) must be given for the daughter being married.

(3) A person contravening sub-section (1) shall be liable to confiscation of the amount involved and a fine of twelve thousand to twenty-five thousand rupees, or imprisonment for up to one year, or both. The giver shall be liable to half that punishment.

(4) A person contravening sub-section (2) shall be liable to a fine of up to ten thousand rupees, or imprisonment for up to fifteen days. 5. Control of Dowry (Daijo): (1) At the time of marriage or after marriage, the groom's party shall not demand from the bride's party that a certain amount of cash or kind be given as dowry, donation, gift, offering, or farewell present (bidaai uphaar) in any form, nor shall the two parties pre-determine that a certain amount shall be taken and given; and the groom's party shall not, on the ground that dowry was not given, create a quarrel, refuse to marry, or, if the marriage has already taken place, refuse to take the bride with them after the farewell ceremony, or (in places where the custom is for the bride to be sent later) refuse to take the bride after her subsequent farewell.

(2) At the time of marriage, aside from one set of jewelry worn on the body, a person who voluntarily gives dowry according to family tradition may give dowry only up to a maximum of ten thousand rupees.

(3) A person contravening sub-section (1) or (2) shall, if there is an amount that must not be taken or given, be liable to confiscation of that amount and a fine of up to ten thousand rupees, or imprisonment for up to fifteen days, or both. 6. Prohibition on Bearing Other Financial Liabilities: (1) Expenses incurred or to be incurred for the groom's education, or capital required to invest him in trade or business, or marriage expenses on the groom's side shall not be taken from the bride's party.

(2) The bride's party shall not bear, nor cause the other party to bear, the travel expenses and food expenses incurred when bringing the wedding procession (janti).

(3) No cash or kind presents shall be given to those who go in the wedding procession.
Social Behavior (Reform) Act, 1976

Provided that, there shall be no bar to paying cash or kind wages to porters accompanying the wedding procession.

(4) A person contravening sub-section (1) or (2) shall be liable to confiscation of the amount involved and a fine of twenty thousand to forty thousand rupees, or imprisonment for up to fifteen days, or both.

(5) A person contravening sub-section (3) shall be liable to a fine of twenty thousand to forty thousand rupees, or imprisonment for up to fifteen days. 7. Control of Wedding Procession (Janti): (1) No more than fifty-one persons, including musicians, shall be taken in the wedding procession (janti or bariyat).

(2) No hired dance of any kind shall be performed in the wedding procession.

(3) Fireworks shall not be set off in the wedding procession.

(4) No more than eleven musicians shall be kept in the wedding procession.

(5) A person contravening this section shall be liable to a fine of up to ten thousand rupees, or imprisonment for up to fifteen days, or both. 8. Control of Wedding Feast: (1) In the feast organized by the groom's and bride's parties, no more than fifty-one persons out of other neighbors and friends, excluding close relatives, shall be invited.

(2) A person contravening sub-section (1) shall be liable to a fine of up to twenty thousand rupees, or imprisonment for up to fifteen days, or both. 9. Control of Feasts for Chhaithi, Nwaran, Birthday, Pasni, Chudakarma, Bratabandha, Budo-Pasni: (1) When performing chhaithi, nwaran, birthday, pasni, chudakarma, bratabandha, or budo-pasni, no more than twenty-five persons out of other neighbors and friends, excluding close relatives connected with that ceremony, shall be invited to the feast.

(2) If sub-section (1) is contravened, there shall be a fine of ten thousand rupees, or imprisonment for up to seven days, or both. 10. Control of Feast for Ancestral Rites (Pitri-Karya): (1) When performing the funeral rites, shraddha, and various other rituals after the death of any person, no more than twenty-five persons out of other neighbors and friends, excluding close relatives and mourners (malami/guthiyar), shall be invited to the feast.

(2) A person contravening sub-section (1) shall be liable to a fine of up to ten thousand rupees, or imprisonment for up to seven days, or both. 11. Not to Display Dowry etc.: (1) In connection with social conduct, any item of dowry or other gift being taken or sent shall not be taken or sent in an ostentatious display.

(2) A person contravening sub-section (1) shall be liable to a fine of up to five thousand rupees, or imprisonment for up to seven days, or both. 12.
Social Behavior (Reform) Act, 1976

12. Not to Ostentatiously Decorate House: (1) When performing social conduct, the house shall not be decorated with lights in an ostentatious manner exceeding what is required for the occasion.

(2) A person contravening sub-section (1) shall be liable to a fine of up to ten thousand rupees, or imprisonment for up to seven days. 13. Amended by the Some Nepal Acts Amendment Act, 2072 (2015). Duty of Local Level: (1) If it is learned that any act prohibited under this Act is being done or is about to be done by any person, the local Village or Municipality shall advise and counsel the concerned person not to do such act.

(2) If, despite advising and counseling under sub-section (1), the concerned person disregards it and does or is about to do the prohibited act, the local level shall inform the District Office for legal action against such person. 14. Government of Nepal May Issue Orders: The Government of Nepal may, by imposing a ceiling on expenses incurred in marriage, bratabandha, chudakarma, pasni, budo-pasni, ancestral rites (pitri-karya), etc., issue orders by publishing a notice in the Nepal Gazette. 15. Account to be Shown: (1) In the course of social conduct, the concerned Chief District Officer may demand a list of persons invited to the feast and details of whether the Act has been complied with; and the concerned person shall furnish the details so demanded within fifteen days, excluding the time for travel, from the date of receipt of the notice. The Chief District Officer may demand such details only where a complaint has been lodged within the time limit of this Act.

(2) If the details demanded by the Chief District Officer under sub-section (1) are not provided, there may be a fine of up to three thousand rupees, or imprisonment for up to three days, or both. 16. Government of Nepal to be Plaintiff: In cases under this Act, the Government of Nepal shall be the plaintiff. 17. Investigation and Filing of Case: (1) Investigation of an offense punishable under this Act shall be conducted by the police, and upon completion of such investigation, the police shall file the case before the authority having jurisdiction to hear the case.

(2) When investigating and filing a case under sub-section (1), the police may obtain the opinion of the government attorney. 18. Time Limit for Filing Case: If a case is not filed within thirty-five days from the date of contravention of this Act or of the rules made under this Act, the case shall not be entertained. 19.
Social Behavior (Reform) Act, 1976

18. Time Limit for Filing Case: If a case is not filed within thirty-five days from the date of contravention of this Act or of the rules made under this Act, the case shall not be entertained. 19. Authority to Hear Case and Procedure: (1) The authority to conduct initial proceedings and decide cases under this Act shall vest in the Chief District Officer.

(2) In cases under this Act, the Chief District Officer shall follow the procedure under the Special Court Act, 2059 (2002).

(3) An appeal against a decision of the Chief District Officer shall lie to amended by the Some Nepal Acts Amendment Act, 2072 (2015). the District Court. 20. Penalty: (1) If any act prohibited under the rules made under this Act is done, there shall be a fine of up to thirty thousand rupees, or imprisonment for up to thirty days.

(2) If a government employee, or an employee of an organized institution owned or controlled by the Government of Nepal, or an employee of a corporation or organized autonomous institution established by the Government of Nepal, does or causes to be done any act prohibited under this Act or the rules made under this Act, then, in addition to the punishment prescribed in this Act, such employee shall also be liable to departmental action according to the law relating to his/her service conditions.

(3) omitted by the Some Nepal Laws Amendment and Repeal Act, 2072 (2015)

21. Power to Make Rules: (1) The Government of Nepal may make rules for the purpose of implementing the objectives of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), rules may be made, in particular, on the following matters:

(a) In relation to conduct concerning swayambar, saipata (formal gift exchange), kanyadan (giving away the bride), going to see the bride's face (mukhehernu), meetings of the families (samdhi-samdhini).
(b) In relation to feeding the wedding procession by the bride's side.
(c) In relation to conduct performed within one year after marriage.
(d) In relation to conduct performed before or after childbirth.
(e) In relation to looking after one's parents (ama babuko mukh herne).
(f) In relation to bhai-tika (ritual for brothers).
(g) In relation to bringing auspicious gifts (sagun) in social conduct.
(h) In relation to making donations etc. during ancestral rites (pitri-karya).
(i) In relation to fixing the number of guests to be invited in social conduct.
(j) In relation to the return of the bride (dulan farkaune).
(k) In relation to fixing the maximum number of close relatives to be invited to the feast.
Building Act, 1998

Building Act, 2055

Date of Royal Seal and Publication
2055.3.18

Amending Acts

1. Building (First Amendment) Act, 2064 2064.5.14
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
3. Some Nepal Acts Amendment Act, 2072 2072.11.13
4. Some Nepal Acts Amendment Act, 2075 2075.11.19

Act No. 2 of the year 2055



An Act Made to Provide for Regularizing Building Construction Works

Preamble: Whereas it is desirable to make necessary provisions for regularizing building construction works in order to keep buildings as safe as possible from earthquake, fire and other natural calamities,

Now, therefore, Parliament has enacted this Act in the twenty-seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the “Building Act, 2055”.

(2) This Act shall commence in the areas specified by the Government of Nepal by notification published in the Nepal Gazette from the date so specified. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) “Building” means any physical structure constructed for residential, industrial, commercial, office, assembly hall, hospital, cold storage, warehouse or any other use, and the word also denotes any part of such structure.

(b) “Building Code” means the National Building Code approved by the Government of Nepal pursuant to sub-section (2) of Section 9.

(c) “Building Construction” means constructing a new building, demolishing an old building and rebuilding it, adding a storey, changing the facade, or making additions or alterations to windows, doors, balcony, courtyard, veranda, etc. in an existing building, or other related works.

(d) “Committee” means the Building Construction Management Strengthening Committee constituted pursuant to Section 3.

(e) “Plan” means all drawings, descriptions and other documents relating to building construction.

(f) “Municipality” means a municipality constituted pursuant to the prevailing law, and the word also includes a metropolitan municipality and a sub-metropolitan municipality.

(g) “Government Body” means a ministry, secretariat, department or office of the Government of Nepal, and the word also includes a commission, council and committee constituted pursuant to the prevailing law. Amended by the First Amendment.(h) “Urban Development Office” means the Urban Development and Building Construction Division Office. 3.
Building Act, 1998

Amended by the First Amendment.(h) “Urban Development Office” means the Urban Development and Building Construction Division Office. 3. Constitution of Building Construction Management Strengthening Committee: (1) The Government of Nepal shall constitute a Building Construction Management Strengthening Committee for strengthening the management relating to building construction.

(2) The Committee referred to in sub-section (1) shall consist of the following Chairperson and members:-

(a) Secretary, Amended by the Some Nepal Acts Amendment Act, 2075.Ministry of Urban Development — Chairperson

(b) Representative, National Planning Commission — Member

Amended by the First Amendment.(c) Representative, Ministry of Law, Justice and Parliamentary Affairs — Member

(d) Member-Secretary, Nepal Quality Council — Member

(e) Dean, Institute of Engineering — Member

Amended by the First Amendment.(f) Joint Secretary, Amended by the Some Nepal Acts Amendment Act, 2075.Ministry of Federal Affairs and General Administration (looking after Municipal Division) — Member

(g) Chief, Centre for Applied Science and Technology Research — Member

(h) Up to three persons nominated by the Amended by the Some Nepal Acts Amendment Act, 2075.Ministry of Urban Development from among persons having special knowledge of building construction — Members

Amended by the First Amendment.(i) Director General, Department of Urban Development and Building Construction — Member-Secretary

(3) Deleted by the First Amendment.

(4) The Committee may, if it deems necessary, invite concerned domestic or foreign experts or any other person to participate as an observer in the meeting of the Committee.

(5) The Amended by the First Amendment.Department of Urban Development and Building Construction shall function as the secretariat of the Committee. 4.
Building Act, 1998

4. Functions, Duties and Powers of the Committee: Except as otherwise provided elsewhere in this Act, the functions, duties and powers of the Committee shall be as follows:-

(a) To regulate building construction works in order to minimize as far as possible damage that may be caused to buildings by earthquake, fire and other natural calamities,

(b) To formulate the Building Code for regulating building construction works and submit it to the Government of Nepal for approval,

(c) To carry out or cause to be carried out necessary studies and research for making timely improvements in the Building Code or for developing processes or technologies relating to building construction,

Amended by the First Amendment.(d) To cause inspection as to whether plans have been approved or not in accordance with the standards mentioned in the Building Code,

(e) To recommend to the Nepal Quality Council for determining the quality of domestic or foreign materials relating to building construction,

(f) To hold or cause to be held meetings or workshops involving technical experts and employees of concerned bodies for timely improvement of problems encountered in the implementation of the Building Code,

(g) To inform the general public about the utility of the Building Code through various means,

(h) To carry out or cause to be carried out other necessary works for implementing the objectives of this Act. 5. Meetings and Decisions of the Committee: (1) A meeting of the Committee shall be held on such date, time and place and as often as necessary as determined by the Chairperson of the Committee.

(2) The Member-Secretary of the Committee shall give notice including the agenda to all members at least three days before the meeting of the Committee.

(3) If fifty percent of the total number of members of the Committee are present, that shall constitute a quorum for the meeting of the Committee.

(4) The meeting of the Committee shall be chaired by the Chairperson of the Committee, and in his/her absence, by a member chosen by the members of the Committee from among themselves.

(5) The opinion of the majority shall prevail at the meeting of the Committee, and in case of a tie, the person chairing the meeting shall have a casting vote.

(6) The names of members present, subjects discussed, and decisions made at each meeting of the Committee shall be recorded in a decision book and kept after being signed by the members present.

(7) The decision of the Committee shall be certified by the Member-Secretary of the Committee.

(8) Other procedures relating to the meetings of the Committee shall be as determined by the Committee itself. 6.
Building Act, 1998

6. Power to Constitute Sub-Committees: (1) The Committee may constitute various sub-committees including concerned expert persons as necessary to carry out or cause to be carried out any of its works.

(2) The functions, duties and powers of the sub-committees constituted pursuant to sub-section (1) shall be as specified by the Committee. 7. Meeting Allowance: Members of the Committee and sub-committees constituted pursuant to Section 6 and invited persons shall be entitled to meeting allowance as determined by the Government of Nepal for participating in meetings. Amended by the First Amendment.8. Classification of Buildings: For the purpose of formulating and implementing the Building Code, buildings shall be classified into four classes as follows:-

(a) Class “A”: State-of-the-art buildings constructed based on the international state of art following building codes adopted in developed countries as well.

(b) Class “B”: Buildings with a plinth area exceeding one thousand square feet, more than three storeys including the ground floor, or a structural span exceeding four point five (4.5) meters.

(c) Class “C”: Buildings with a plinth area up to one thousand square feet, up to three storeys including the ground floor, or a structural span up to four point five (4.5) meters.

(d) Class “D”: Small houses, huts constructed up to two storeys using raw or burnt bricks, stone, mud, bamboo, thatch, etc., other than those mentioned in clauses (a), (b) and (c). 9. Building Code to be Approved: (1) The Committee shall prepare a Building Code based on the classification of buildings mentioned in Section 8 and submit it for approval to the Government of Nepal, Amended by the Some Nepal Acts Amendment Act, 2075.Ministry of Urban Development.

(2) The Building Code submitted pursuant to sub-section (1) shall come into force after being approved by the Government of Nepal, Amended by the Some Nepal Acts Amendment Act, 2075.Ministry of Urban Development. 10. Building Construction to be in Accordance with Building Code: Any person, institution or government body constructing a building shall construct it in accordance with the standards specified in the Building Code. Added by the First Amendment.While constructing a building in such manner, the construction shall be carried out under the supervision of a designer, engineer or architect of at least the same level as the designer, engineer or architect who certified the plan and design of that building. Amended by the First Amendment.11.
Building Act, 1998

Amended by the First Amendment.11. Provisions Relating to Approval of Design and Plan of Building: (1) Any person, institution or government body desiring to construct a building of Class “A”, “B” or “C” mentioned in Section 8 within a municipality area shall, while applying for approval pursuant to the prevailing law for building construction to the municipality, submit the design along with the plan.

(2) Amended by the Some Nepal Acts Amendment Act, 2072 and commenced from the date notified in the Nepal Gazette published on 2074.2.8.Any person, institution or government body desiring to construct a building of Class “A” or “B” mentioned in Section 8 within a rural municipality area where this Act has been enforced shall prepare the building plan and design and get it approved from the Urban Development Office. Provided that, in the case of a Class “C” building, while applying for plan approval pursuant to the prevailing law, a plan in accordance with the Building Code shall be submitted.

(3) The plan and design of a building submitted pursuant to sub-section (1) or (2) shall be certified to be in accordance with the Building Code by the following persons:-

(a) In the case of a building of Class “A” mentioned in Section 8, by the concerned designer,

(b) In the case of a building of Class “B” mentioned in Section 8, by a civil engineer or architect registered with the Nepal Engineering Council,

(c) In the case of a building of Class “C” mentioned in Section 8, by a person who has passed at least a certificate level in civil engineering or architecture from a recognized educational institution. Amended by the First Amendment.12. Plan Not to be Approved Contrary to Standards: (1) A municipality shall not approve a plan contrary to the standards mentioned in the Building Code.

(2) The Urban Development Office may carry out necessary inspection as to whether the municipality has approved plans in accordance with the Building Code or not.

(3) If it is found during inspection pursuant to sub-section (2) that a municipality has approved a plan contrary to the Building Code, the Urban Development Office shall submit a report thereof to the Committee.

(4) If the report received pursuant to sub-section (3) appears reasonable upon inquiry, the Committee shall write to the concerned municipality to get the plan approved in accordance with the Building Code.

(5) If a letter is received pursuant to sub-section (4), the concerned municipality shall also get the plan approved accordingly. 13.
Building Act, 1998

13. Supervision of Building Construction: (1) In respect of whether any person, institution or government body has constructed a building in accordance with the standards specified in the Building Code or not, Added by the First Amendment.within a municipality area, the municipality, and Amended by the Some Nepal Acts Amendment Act, 2072.within a rural municipality area, the Urban Development Office, may carry out supervision.

(2) While carrying out supervision pursuant to sub-section (1), if Added by the First Amendment.the municipality or the Urban Development Office finds that the construction of any building is not in accordance with the standards specified in the Building Code, it may give necessary directions to the concerned person, institution or government body constructing the building, and it shall be the duty of the concerned person, institution or government body to comply with such directions. 14. Penalty: Amended by the First Amendment.(1) If anyone constructs a building without getting the plan approved pursuant to this Act or contrary to such approved plan or the standards mentioned in the Building Code, within a municipality area, the municipality, and Amended by the Some Nepal Acts Amendment Act, 2072.within a rural municipality area, the Urban Development Office, shall order to immediately stop such construction work. Amended by the First Amendment.(2) If anyone constructs a building without getting the plan approved pursuant to this Act or contrary to such approved plan or the standards mentioned in the Building Code, the municipality or the Urban Development Office may order to demolish such building or any part thereof and may impose a fine of up to fifty thousand rupees on the person or institution doing such act.

(3) If an order to demolish any part of a building construction has been given by Added by the First Amendment.the municipality or the Urban Development Office pursuant to sub-section (2), until that part is demolished, the municipality or the Urban Development Office shall write to the concerned offices to attach such property so that no person may transfer or mortgage the same for any reason, and to discontinue the supply of water, electricity, telephone, etc. to such constructed building, and even if such supply has already been provided, to cut off the lines of such water, electricity, telephone, etc., and the concerned offices shall also act accordingly upon receiving such letter. Amended by the First Amendment. (The Nepali text has "समेत" but translation follows.)

15.
Building Act, 1998

Amended by the First Amendment. (The Nepali text has "समेत" but translation follows.)

15. Appeal: A person dissatisfied with the order given by Amended by the First Amendment.the municipality or the Urban Development Office pursuant to sub-section (2) of Section 14 may file an appeal to the concerned Amended by the Some Nepal Acts Amendment Act, 2072.District Court within thirty-five days from the date of receipt of such order. 16. Demolition of Building and Recovery of Expenses Incurred: (1) If an order has been given to demolish any building or any part thereof pursuant to sub-section (2) of Section 14, and if an appeal has been filed against such order pursuant to Section 15, the concerned person, institution or government body shall demolish such building or any part thereof within thirty-five days from the date of the decision of the Amended by the Some Nepal Acts Amendment Act, 2072.District Court ordering the demolition of such building or any part thereof; and if no appeal has been filed, within thirty-five days from the date of expiry of the limitation period for appeal.

(2) If the concerned person, institution or government body fails to demolish such building or any part thereof within the period mentioned in sub-section (1), Added by the First Amendment.the municipality or the Urban Development Office itself may demolish such building or any part thereof, and the expenses incurred in such demolition shall be recovered from the concerned person or institution as a government due. Amended by the First Amendment.(3) If, while demolishing a building or any part thereof by the municipality or the Urban Development Office pursuant to sub-section (2), despite making diligent efforts, more part than the part required to be demolished gets demolished, the municipality or the Urban Development Office shall not be held liable, and the concerned person shall not be entitled to claim compensation for any damage caused by such demolition of more part than required. Added by the First Amendment.(4) While demolishing a building or any part thereof by the Urban Development Office pursuant to sub-section (2), it shall be demolished in the presence of the Chairperson, Vice-Chairperson or the concerned Ward Chairperson of the concerned Amended by the Some Nepal Acts Amendment Act, 2072.rural municipality, and if they are not available or not present, in the presence of the Secretary of the Amended by the Some Nepal Acts Amendment Act, 2072.rural municipality, and if he/she is also not present, in the presence of at least four local residents. Amended by the First Amendment.17.
Building Act, 1998

Amended by the First Amendment.17. Assistance to be Given: If any person obstructs or opposes while the municipality or the Urban Development Office demolishes a building or any part thereof pursuant to sub-section (2) of Section 16, the municipality may seek assistance from the local administration, and the Urban Development Office may seek assistance from the local administration and the concerned Amended by the Some Nepal Acts Amendment Act, 2072.rural municipality, and upon such request for assistance, necessary assistance shall be provided to the municipality or the Urban Development Office. Amended by the First Amendment.18. Notice to be Published: (1) The Government of Nepal shall publish a notice in the Nepal Gazette informing the general public about the enforcement of the Building Code.

(2) After the publication of the notice pursuant to sub-section (1), any person desiring to obtain a copy of the Building Code may obtain a copy from the Urban Development Office upon payment of the prescribed fee. 19. Delegation of Powers: The Committee may, as necessary, delegate some of the powers conferred to it under this Act to members of the Committee or sub-committees constituted pursuant to Section 6, a government body, municipality, Urban Development Office or any other authorized employee. 20. Power to Give Directions: (1) The Government of Nepal may give necessary directions to the Committee relating to the formulation and implementation of the Building Code.

(2) It shall be the duty of the Committee to comply with the directions given by the Government of Nepal pursuant to sub-section (1). 21. To be Governed by this Act: Matters provided for in this Act shall be governed by this Act, and other matters by the prevailing law. 22. Power to Make Rules: The Government of Nepal may make necessary rules for implementing the objectives of this Act.
Nepal Petroleum Act, 1983

Nepal Petroleum Act, 2040

Royal Seal and Publication Date
2040.6.24

Amending Acts

1. The Administration of Justice Act, 2048 2048.2.16
2. The Income Tax Act, 2058 2058.12.19
3. The Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7
4. The Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 7 of the year 2040



An Act Made to Provide for Matters Relating to Petroleum

Preamble: Whereas it is desirable to make legal provisions for the development of petroleum-related resources existing in the country for the rapid economic development of the country and to maintain the convenience and economic interest of the general public,

Therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be called the “Nepal Petroleum Act, 2040”.

(2) This Act shall come into force on such date as the Government of Nepal may appoint by notification published in the Nepal Gazette. This Act is appointed to come into force from the date of 2041.12.1 (Nepal Gazette dated 2041.11.14). 2. Definition: Unless the subject or context otherwise requires, in this Act,-

(a) “Crude oil” means petroleum produced at the wellhead in a liquid state and asphalt, ozokerite, and the term also includes liquid petroleum called distillate or condensate obtained from natural gas.

(b) “Contractor” means a domestic or foreign investor who makes a petroleum agreement with the Government of Nepal pursuant to Section 8.

(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

(d) “Petroleum” means crude oil, natural gas and all other liquid, gaseous, solid or semi-solid hydrocarbons in their natural state, and the term also includes sulfur, helium and other similar substances associated with such hydrocarbons.

(e) “Petroleum operation” means exploration, development or production of petroleum, and the term also includes refining, transportation, storage or sale and distribution of petroleum so produced.

(f) “Petroleum agreement” means an agreement made by the Government of Nepal with any contractor for carrying out petroleum operations pursuant to Section 8.

(g) “Natural gas” means wet gas, gaseous petroleum produced from oil or gas wells, and gas remaining after extraction of liquid petroleum from wet gas.

(h) “Department” means the Department of Mines and Geology of the Government of Nepal. 3. To Be the Property of the Government of Nepal: All petroleum existing in or found on any land, whether private or government, within Nepal shall be the property of the Government of Nepal. 4.
Nepal Petroleum Act, 1983

3. To Be the Property of the Government of Nepal: All petroleum existing in or found on any land, whether private or government, within Nepal shall be the property of the Government of Nepal. 4. Right to Carry Out Petroleum Operations: (1) The monopoly to conduct petroleum operations shall vest in the Government of Nepal.

(2) The Government of Nepal may itself conduct petroleum operations or cause them to be conducted by any contractor.

(3) The Government of Nepal shall have the right to become a participant by making capital investment or in any other manner in petroleum operations conducted under a petroleum agreement. 5. Conduct of Petroleum Operations: (1) While conducting petroleum operations, they shall be conducted in accordance with this Act and the rules framed under this Act and the petroleum agreement, and in the following manner:-

(a) Following healthy practices adopted in the petroleum industry and adopting diligent, efficient and economical methods.

(b) Taking due care of the safety of life and property and, as far as possible, conducting operations in a manner that does not cause pollution or damage to forests, natural heritage and the environment.

(c) Adopting the best conservation system so that petroleum is available in maximum quantity from a long-term perspective.

(2) All samples, data, information and details collected or obtained while conducting petroleum operations shall be the property of the Government of Nepal.

(3) All structures constructed for the production, refining, transportation or storage of petroleum and all objects and equipment permanently installed shall be the property of the Government of Nepal. 6. Application for Permission, Consent or Recommendation: (1) If any person requires the permission, consent or recommendation of any body in connection with petroleum operations, an application stating the reason and necessary details thereof shall be submitted to the Department.

(2) The Department shall take necessary action on the application submitted pursuant to Sub-section (1). 7. Petroleum Advisory Committee: (1) A Petroleum Advisory Committee shall be constituted as prescribed to advise the Government of Nepal on petroleum operations.

(2) The functions, duties, powers and procedure of the Committee constituted pursuant to Sub-section (1) shall be as prescribed. 8.