chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Railway Act, 2022

31. Board Not Liable: The Board shall not be liable for any loss or damage caused to luggage carried by a passenger with themselves without registering it with the Board, except when such loss or damage is caused due to the act of an employee of the Board. 32. Liability Regarding Luggage: (1) The Board shall be liable for the complete or partial loss of, damage to, or delay in delivery of registered luggage from the time it is accepted for carriage until its delivery.

(2) Notwithstanding anything contained in Sub-section (1), the Board shall not be liable for the loss of, damage to, or delay in delivery of luggage due to the following reasons:-

(a) Caused by the fault of the passenger,
(b) Caused by an order given by the passenger, except where there is fault of the Board,
(c) Caused due to the nature of luggage being fragile, not declared in advance, or
(d) Caused due to circumstances beyond the control of the Board, which could not be prevented.

(3) The burden of proving that the luggage was lost, damaged, or delivery delayed due to any reason mentioned in Sub-section (2) shall be on the Board. 33. Delivery of Luggage: (1) The Station Master shall deliver the luggage to a passenger only after the passenger presents the registration receipt and pays any outstanding amount, if any.

(2) Notwithstanding anything contained in Sub-section (1), if a passenger is unable to present the registration receipt, but the Station Master is satisfied that the luggage belongs to him/her, such luggage may be delivered to him/her. 34. Luggage Deemed Lost: (1) If luggage registered is not delivered to the passenger or handed over to any authorized official within seven days from the date the passenger requests the concerned Station Master to receive his/her registered luggage, such luggage shall be deemed lost.

(2) If the luggage deemed lost under Sub-section (1) is found within fifteen days, the Station Master shall immediately inform the concerned passenger and hand over such luggage. If the luggage is so handed over, and the passenger has already received any compensation for the luggage, such amount shall be refunded.

(3) If the concerned passenger does not come to claim the luggage within thirty days from the date of travel, ownership of such luggage may be vested in the Board by completing the prescribed procedure. 35.
Nepal Railway Act, 2022

35. Compensation for Loss, Damage, or Delay in Delivery of Luggage: (1) The compensation payable by the Board to the concerned person for the complete or partial loss of or damage to any luggage shall be as follows:-

(a) If the value of the luggage was declared and carried, based on the declared value,
(b) If the value was not declared pursuant to clause (a), based on the prevailing market value of such luggage at the destination, and
(c) If the prevailing market value at the destination pursuant to clause (b) cannot be ascertained, based on the actual value of such luggage.

(2) While determining the value pursuant to clause (b) or (c) of Sub-section (1), the type and quality of the luggage at the time of its registration shall also be taken as a basis.

(3) If the Board is required to pay compensation for the loss of or damage to any luggage, in addition to providing the compensation mentioned in Sub-section (1), the carriage charge and other charges, if any, collected for the lost or damaged luggage shall also be refunded.

(4) If any loss or damage occurs due to delay in delivering any luggage, the Board shall pay to the concerned person an amount equal to the damage caused to such luggage.

(5) If there is partial damage to luggage and also delay in delivery, compensation may be claimed based on the damage to the luggage or the delay.

(6) Except under circumstances beyond control, if the Station Master delays delivering the luggage beyond the date mentioned in the luggage registration receipt, the Board shall pay to the concerned person, as compensation, an amount calculated at the rate of fifty rupees per kilogram per day of delay from the date of delay. Provided that, if the person who registered the luggage does not come to receive such luggage within the determined date for delivery, such compensation amount shall not be paid to him/her. 36. Compensation to be Paid Based on Actual Value: (1) Notwithstanding anything contained elsewhere in this Chapter, if any registered luggage is lost, damaged, or its delivery delayed due to the malice or negligence of any officer of the Board, the Board shall pay the person concerned an amount equal to the actual value of the luggage as compensation.

(2) The Board may recover the compensation amount paid under Sub-section (1) from the officer who acted with malice or negligence. 37.
Nepal Railway Act, 2022

37. Application for Compensation of Luggage: (1) A person seeking compensation under this Chapter shall submit an application to the Railway Administrator through any of the following places within fifteen days from the date the luggage was registered and entrusted to the Board for carriage:-

(a) The railway station where the luggage was entrusted,
(b) The railway station where the luggage is to be delivered, or
(c) The Central Office of the Board.

(2) The Railway Administrator shall make a decision within fifteen days from the date of receiving the application under Sub-section (1).

(3) A person dissatisfied with the decision made by the Railway Administrator under Sub-section (2) may appeal to the concerned District Court within thirty-five days from the date of such decision. Chapter-8

Carriage of Goods and Compensation

38. Must Submit Forwarding Note for Goods to be Carried: (1) A consignor desiring to carry goods by rail shall fill in a Forwarding Note in the format determined by the Board and submit it to the concerned Station Master.

(2) The Forwarding Note under Sub-section (1) must be clearly filled in by the consignor, and the Board shall not be liable for the consequences arising from the Forwarding Note not being clearly filled in.

(3) The Station Master shall immediately check, or cause to be checked, in the presence of the consignor, whether the goods mentioned in the Forwarding Note under Sub-section (1) are correct or not.

(4) If, upon checking under Sub-section (3), doubt arises as to whether any goods are prohibited or not, the Station Master shall send such goods for examination to the concerned body, and the cost incurred for such examination shall be borne by the consignor.

(5) If, upon examination under Sub-section (4), any goods are proven to be prohibited goods, the Station Master shall hand over the concerned person along with such goods to the concerned body for action under prevailing law. 39.
Nepal Railway Act, 2022

39. Acceptance of Goods for Carriage: (1) The Station Master may accept for carriage goods or items other than those prohibited for carriage under prevailing law.

(2) After accepting goods for carriage under Sub-section (1), a Railway Receipt shall be issued in the format determined by the Board.

(3) The Railway Receipt under Sub-section (2) shall also mention the following particulars:-

(a) Full name, surname, address, and contact number of the consignor,
(b) Description of the goods,
(c) Weight of the goods, or other information if weight cannot be ascertained,
(d) In the case of goods less than a wagon load, the number of packages and details of packaging,
(e) List of documents attached with the Forwarding Note,
(f) Name of the destination station,
(g) Full name, surname, address, and contact number of the consignee, and
(h) Other necessary particulars.

(4) A single or separate Railway Receipts may be issued as required for the carriage of goods. 40. Must Indicate Damage in Railway Receipt: When accepting visibly damaged goods for carriage, the condition of such goods shall be mentioned in the Railway Receipt. 41. May Determine Axle Weight of Wagon: (1) The Board may determine the maximum axle weight of a wagon.

(2) The Board shall not load any goods on a train for carriage exceeding the maximum axle weight determined under Sub-section (1). 42. Goods May be Carried by Declaring Value: (1) Goods may be carried by declaring their value in the Railway Receipt.

(2) If goods are carried by declaring their value under Sub-section (1), the carriage charge payable therefor shall be as mentioned in the Tariff Book. 43. Must Pay Carriage and Other Charges: (1) The consignor shall pay to the Board the carriage charge payable for the carriage of goods.

(2) If the carriage charge payable by the consignor under Sub-section (1) remains unpaid, the consignee shall pay such carriage charge.

(3) Demurrage charges and warehouse charges arising from reasons for which the consignee is liable, or charges for weighing any goods, shall be paid by the consignee. 44. Consignor Liable: (1) Except for the wrongful act or omission of any employee of the Board, the consignor shall be liable for any loss or damage occurring due to the absence or insufficiency of any documents.

(2) The consignor shall be liable for the consequences arising from goods not being packed or not being properly packed, and if any loss or damage is caused to the railway due to this, the consignor shall also bear compensation for such loss or damage. 45.
Nepal Railway Act, 2022

45. Delivery of Goods: (1) After the goods arrive at the destination, the consignee may take delivery of the goods from the concerned station by presenting the Railway Receipt.

(2) Notwithstanding anything contained in Sub-section (1), if the consignee is unable to present the Railway Receipt, the concerned Station Master may also deliver the goods based on his/her identity card or other evidence.

(3) While delivering goods, the concerned Station Master shall obtain a receipt from the consignee acknowledging receipt of the goods, and if any amount is to be received from him/her, collect that as well and then deliver the goods.

(4) Notwithstanding anything contained in Sub-sections (1) and (3), the consignee shall take delivery of his/her goods from the following places:-

(a) If the goods are not required to remain under the supervision of the Board, from the place where they are delivered to the concerned official at his/her location or warehouse as per law, and
(b) If delivered to a private or government warehouse within a dry port or container freight station, or an area like an export processing zone, from such place.

(5) If the consignee does not come to take delivery of goods within thirty days of their arrival at the destination, other provisions including ownership and delivery of such goods shall be as prescribed. 46. May Refuse to Accept Goods: If there is suspicion that any goods are damaged, the consignee may refuse to accept the goods until inspection of such damage is carried out. 47. Liability Regarding Goods: (1) The Board shall be liable for the complete or partial loss of, damage to, or delay in delivery of goods mentioned in the Railway Receipt.

(2) Notwithstanding anything contained in Sub-section (1), the Board shall not be liable for the loss of, damage to, or delay in delivery of goods due to the following reasons:-

(a) Goods of a nature requiring packing not being packed or not properly packed,
(b) Goods not loaded by the consignor or unloaded by the consignee as per registration,
(c) Goods sent by filling a wrong or incomplete Forwarding Note,
(d) Goods carried in an open wagon at the request of the consignor or consignee,
(e) Complete or partial damage caused by the defect of the goods or by the nature of any goods (such as breakage, deterioration, decay, drying up,

CHAPTER-11
Board's Fund and Audit

60.
Nepal Railway Act, 2022

Board's Fund: (1) The Board shall have its own separate fund.

(2) The fund pursuant to sub-section (1) shall consist of the following amounts:-
(a) Amounts received from the Government of Nepal,
(b) Amounts received from foreign individuals, governments, international associations or organizations,
(c) Amounts received from passenger fares or freight charges,
(d) Amounts received from leasing or renting out the Board's land, and
(e) Other amounts earned by the Board.

(3) Before receiving the amounts pursuant to clause (b) of sub-section (1), the Board shall obtain the approval of the Ministry of Finance, Government of Nepal.

(4) All expenses of the Board shall be borne from the amounts deposited in the fund pursuant to sub-section (2).

(5) The amounts in the fund pursuant to sub-section (1) shall be deposited by opening an account in any commercial bank of "A" class established pursuant to the prevailing law relating to banks and financial institutions as specified by the Board.

(6) The operation of the Board's account shall be as specified. 61. Accounts and Audit: (1) The accounts of the income and expenditure of the Board shall be maintained in accordance with the prevailing law.
(2) The Board shall conduct or cause to be conducted internal audit and internal control of income and expenditure as specified.
(3) The final audit of the income and expenditure of the Board shall be conducted by the Auditor General.
(4) The Ministry may, if it so desires, inspect or cause to be inspected the accounts of the income and expenditure of the Board and related documents at any time. CHAPTER-12
Offences and Punishment

62.
Nepal Railway Act, 2022

CHAPTER-12
Offences and Punishment

62. Offences: If any person does or causes to do any of the following acts, he/she shall be deemed to have committed or caused to commit an offence under this Act:-
(a) Setting fire to a train or railway, or placing explosive substances, creating any flammable substance or electrical ambush, or obstructing the operation of a train in any other manner,
(b) Occupying a train or railway, or doing any act causing loss or damage to train or railway property in any other manner,
(c) Throwing any object at a train or railway in a manner likely to cause a train accident, placing stones, wood or any other object on the railway track, or any person other than an authorized officer removing the railway track or related nails, bolts, sleepers, etc., loosening joints, or operating, tampering with, or shutting down other spare parts,
(d) Doing any act likely to cause a train accident, including hiding, operating, removing, displaying differently, changing, erasing, removing, or scraping any signal or light of a train or railway,
(e) Any person other than an authorized officer stopping a moving train without reason, or refusing to drive a train, or creating obstruction to prevent the train from running,
(f) Driving a train after consuming alcoholic or narcotic substances,
(g) Quarreling with railway employees or passengers, making noise inside the train, or using abusive, obscene, or insulting language towards anyone,
(h) Preventing or creating obstruction to a railway employee from performing his/her official duties,
(i) Any person other than an authorized person using or interfering with any communication equipment installed for railway purposes,
(j) Driving a train without obtaining a license for a train driver or assistant driver pursuant to this Act,
(k) Giving one's obtained train driver or assistant driver license to another person for use in driving a train,
(l) Altering the number, letter, date, or content of a permit or ticket for the purpose of traveling or causing to travel on a train,
(m) Selling tickets or distributing permits without the Board's permission,
(n) Submitting false claims to the Board stating that passenger luggage or goods have been lost, destroyed, damaged, or not returned, or providing false details for that purpose,
(o) Causing unnecessary trouble to passengers in a train,
(p) Any person other than an authorized person removing, tearing, or tampering with the content or altering public notices issued for railway operation,
(q) Throwing dust or dirt or throwing dirt or any other object at passengers on a train or railway,
(r) Traveling by sitting in a prohibited place of the train, and
(s) Doing any other act contrary to this Act. 63.
Nepal Railway Act, 2022

63. Punishment: (1) If any person commits or causes to commit any of the following offences, the Adjudicating Officer shall impose punishment as follows:-
(a) For an offender under clause (a) or (b) of Section 62, if anyone dies from such act, punishment equivalent to murder in accordance with prevailing law, and if no one dies, imprisonment for up to ten years and a fine of up to one hundred thousand rupees,
(b) For an offender under clause (c) or (d) of Section 62, imprisonment for up to seven years and a fine of up to one hundred thousand rupees,
(c) For an offender under clause (e) or (f) of Section 62, imprisonment for up to one year and a fine of up to two hundred thousand rupees,
(d) For an offender under clause (g) or (h) of Section 62, imprisonment for up to one year or a fine of up to ten thousand rupees or both, and
(e) For an offender under clause (i), (e) and (k) of Section 62, imprisonment for up to six months and a fine of up to fifty thousand rupees.

(2) If any person commits any of the following offences, the Railway Administration may, based on a report from the concerned employee of the Board, impose a fine as follows:-
(a) For an offender under clause (l) or (m) of Section 62, a fine of up to two hundred thousand rupees, and
(b) For an offender under clause (n) of Section 62, a fine of up to fifty thousand rupees.

(3) If any person commits any of the following offences, the Station Master may, based on a report from the Board's ticket checker or concerned employee, immediately impose a fine as follows:-
(a) For an offender under clause (o) of Section 62, a fine of up to twenty thousand rupees,
(b) For an offender under clause (p) or (q) of Section 62, a fine of up to ten thousand rupees, and
(c) For an offender under clause (r) or (s) of Section 62, a fine of up to five thousand rupees. 64. Additional Punishment: If any person steals railway property or causes damage or loss in any other manner, there shall be an additional punishment of imprisonment for up to three years in addition to the punishment under prevailing law. 65. Punishment for Attempt or Abetment: Whoever attempts to commit or abets an offence punishable under sub-section (1) of Section 63 shall be liable to half the punishment prescribed for the principal offender. 66.
Nepal Railway Act, 2022

65. Punishment for Attempt or Abetment: Whoever attempts to commit or abets an offence punishable under sub-section (1) of Section 63 shall be liable to half the punishment prescribed for the principal offender. 66. Compensation to be Recovered: If any loss or damage is caused to the property of the railway, passengers, or any other person from any offence under Section 62, the Adjudicating Officer shall order the recovery of compensation for such loss or damage from the concerned offender. 67. No Punishment: Except in cases amounting to an offence under this Act, if any act done in good faith by a train driver or assistant driver or a person involved in train operation in the course of performing his/her duty causes any loss, damage, or injury to any person or his/her property or to railway structures, no punishment shall be imposed on such train driver, assistant driver, or person involved in train operation for that act. 68. Power to Take Immediate Control: (1) A person committing an offence under Section 62 may be taken under immediate control by a security personnel deployed for railway security, an authorized officer under prevailing law, or a railway employee.
(2) Among the persons taken under control pursuant to sub-section (1), in the case of a person against whom the Railway Administration or Station Master has to take action under this Act, the Railway Administration or Station Master shall take action and impose punishment under this Act, and in the case of other persons, the authorized officer or railway employee shall hand them over to the concerned authority or office for action under prevailing law.
(3) The concerned authority or office shall initiate action under this Act against the person handed over pursuant to sub-section (2). 69. Adjudicating Officer: The concerned District Court shall have the authority to initiate proceedings and adjudicate offences punishable under sub-section (1) of Section 63. 70. Appeal: (1) A person dissatisfied with the decision on fine made by the Railway Administration pursuant to sub-section (2) of Section 63 may file an appeal with the concerned District Court within thirty-five days from the date of such decision.
(2) A person dissatisfied with the decision on fine made by the Station Master pursuant to sub-section (3) of Section 63 may file an appeal with the Railway Administration within thirty-five days from the date of such decision.
(3) A person dissatisfied with the decision made by the Adjudicating Officer pursuant to Section 69 may file an appeal with the concerned High Court within thirty-five days from the date of such decision. 71.
Nepal Railway Act, 2022

71. Government of Nepal to be Plaintiff: Cases relating to offences punishable under sub-section (1) of Section 63 shall be conducted with the Government of Nepal as the plaintiff, and such cases shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 72. Limitation: (1) A complaint regarding an offence under clause (a) of Section 62 may be filed at any time.
(2) A complaint regarding an offence under clauses (b), (c), (d) and (e) of Section 62 shall not be filed after the expiry of six months from the date of knowledge of such offence.
(3) For offences other than those under sub-sections (1) and (2), a complaint shall not be filed after the expiry of three months from the date of such offence. CHAPTER-13
Miscellaneous

73. Train Drivers or Assistant Drivers May be Hired on Contract: Notwithstanding anything contained elsewhere in this Act, if the post of train driver or assistant driver cannot be filled from Nepali citizens, the Board may employ qualified foreign citizens on a contract basis for a period as determined by the Ministry. 74. Power to Form Sub-Committee: (1) The Board may form a sub-committee as required to assist in carrying out its functions under this Act.
(2) The terms of reference and procedures of the sub-committee formed pursuant to sub-section (1) shall be as determined by the Board at the time of forming such sub-committee. 75. Railway Operation in Joint Venture: The Board may, with the prior approval of the Government of Nepal, construct or expand a railway or operate railway services in joint venture with domestic or foreign investors. 76.
Nepal Railway Act, 2022

75. Railway Operation in Joint Venture: The Board may, with the prior approval of the Government of Nepal, construct or expand a railway or operate railway services in joint venture with domestic or foreign investors. 76. Power to Entrust Construction, Maintenance, Operation or Management of Railway: (1) If the Board, with the prior approval of the Government of Nepal, deems it necessary to have any or all works related to the construction, maintenance, operation, or management of a railway carried out by an entity in the private sector, it may, in accordance with prevailing law, enter into an agreement with such entity and entrust the work to that entity.
(2) While entrusting work pursuant to sub-section (1), any structure, equipment, and property related to such work that is in the possession, ownership, or custody of the Board may be made available for use by such entity.
(3) While entering into an agreement pursuant to sub-section (1), the provisions relating to the use of structures, equipment, and property in the possession, ownership, or custody of the Board, the duration of the agreement, the consideration receivable by the contracting party, and other related matters shall be as mentioned in the agreement.
(4) The entity entering into an agreement pursuant to sub-section (1) shall, after the expiry of the agreement period, return to the Board any structure, equipment, and property in the possession, ownership, or custody of the Board that it has used, in accordance with the terms stipulated in the agreement.
(5) Other matters relating to the construction, maintenance, operation, and management of the railway shall be as mentioned in the agreement. 77. Passengers or Goods Not to be Loaded Beyond Capacity: A train shall not be operated with passengers and goods loaded beyond the capacity of the train. 78. Seats to be Reserved: The Board shall reserve seats as specified for very important or important persons, senior citizens, persons with disabilities, children, women, and incapacitated persons. 79. Railway Operation through Automated Technology: The Board may operate or cause to operate railway services through computerized or automated technology without a train driver and assistant driver, as specified. 80. To be Environmentally Friendly: The Board shall operate railways and railway services in an environmentally friendly manner, fulfilling the specified standards. 81.
Nepal Railway Act, 2022

80. To be Environmentally Friendly: The Board shall operate railways and railway services in an environmentally friendly manner, fulfilling the specified standards. 81. Cooperation to be Provided: (1) For the implementation of this Act and the smooth operation of train and railway services, the Board may request cooperation from the Government of Nepal or concerned bodies of the government on matters including security arrangements.
(2) It shall be the duty of the Government of Nepal or the concerned body to provide cooperation on the matter for which the Board has requested cooperation pursuant to sub-section (1). 82. Land Acquisition: (1) The Board may make a request to the Government of Nepal for the acquisition of land required for the railway in accordance with prevailing law.
(2) While making a request pursuant to sub-section (1), the Board shall study and assess the land required for the railway and submit the land acquisition plan for such land and all details required for land acquisition under prevailing law.
(3) Upon receipt of a request pursuant to sub-section (1), the Government of Nepal may arrange for the acquisition of land for the Board in accordance with prevailing law.
(4) Notwithstanding anything contained elsewhere in this Section, if any land owned by the Government of Nepal is required for the railway, the Government of Nepal may, upon the request of the Board, make such land available to the Board. 83. Insurance to be Provided: The Board shall arrange insurance as specified for trains, train drivers and assistant drivers, passengers, passenger luggage, goods, railway employees, and third parties. 84. Delegation of Authority: (1) The Board may, as necessary, delegate some of the powers vested in it under this Act or the Rules framed under this Act to any member of the Board, the sub-committee pursuant to Section 74, any body under the Government of Nepal, or the Railway Administration.
(2) The Railway Administration may, as necessary, delegate some of the powers vested in it under this Act or the Rules framed under this Act to any authorized employee of the Board. Provided that the power of the Railway Administration to adjudicate cases under this Act shall not be delegated. 85. Annual Report to be Submitted: The Board shall submit an annual report to the Ministry within three months from the date of expiry of each fiscal year, disclosing the following matters:-
(a) Details of work performed during the year and expenses incurred thereof,
(b) The Board's work plan for the upcoming year and the estimated budget required for it and its sources,
(c) Details of the Board's income and expenditure, and
(d) Other details as specified. 86.
Nepal Railway Act, 2022

86. To be According to Prevailing Law: Matters provided for in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 87. Contact with Government of Nepal: The Board shall maintain contact with the Government of Nepal through the Ministry. 88. Power to Make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 89. Act Implementation Review: The Ministry shall review the implementation of this Act within one year of the completion of five years from the commencement of this Act, and subsequently within one year after every five years, and shall submit the report thereof to the relevant committee of both Houses of the Federal Parliament. 90. Power to Make Regulations, Directives, Procedures, and Standards: (1) Subject to this Act and the Rules framed under this Act, the Board may make Regulations on the following matters:-
(a) Relating to the functioning of the Board,
(b) Relating to terms of service and facilities of the Board's employees,
(c) Relating to the conduct of the Board's financial administration.
(2) While making Regulations pursuant to sub-section (1), the Board shall obtain the consent of the Ministry of Finance, Government of Nepal, on matters that impose an additional financial burden on the Government of Nepal.
(3) The Board may, as necessary, make Directives, Procedures, and Standards on technical matters related to railway service operation, not inconsistent with this Act and the Rules framed under this Act.
(4) Regulations, Directives, and Procedures made by the Board pursuant to this Section shall come into effect after approval from the Ministry, and such Regulations, Directives, and Standards shall be published for public information. 91. Repeal and Saving: (1) The Railway Ordinance, 2078 is hereby repealed.
(2) All acts and actions done under the Railway Ordinance, 2078 shall be deemed to have been done under this Act.
Judicial Fund Act, 1986

Judicial Fund Act, 2043 (1986)

Seal and Publication Date
2043.7.24.2

Certification and Publication Date
2066.10.07

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.07

Act No. 12 of the year 2043 (1986)



An Act Made to Establish a Judicial Fund

Preamble: Whereas it is desirable to establish a judicial fund as a revolving fund for making the work of refunding court fees, fines, deposits, or bail amounts to be refunded expeditious, for constructing court buildings and residential buildings for judges and other employees working in courts, for the expansion, repair, and maintenance of such buildings, and for carrying out other necessary judicial related works;

Therefore, this Act is enacted by His Majesty King Birendra Bir Bikram Shah Dev on the advice and with the consent of the National Panchayat.

१. Short Title and Commencement: (१) This Act may be called the "Judicial Fund Act, 2043 (1986)".

(२) This Act shall commence on a date appointed by the Government of Nepal by notification published in the Nepal Gazette.

२. Definition: Unless the subject or context otherwise requires, in this Act,-

(क) "Fund" means the Judicial Fund established pursuant to section ३.

(ख) "Committee" means the Management Committee formed pursuant to section ७.

(ग) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

३. Establishment of Fund: (१) A fund named "Judicial Fund" is hereby established.

(२) The Fund shall be operated as a revolving fund.

४. Amounts to be kept in the Fund: The following amounts shall be kept in the Fund:-

(क) Grants received from time to time from the Government of Nepal,

(ख) Amounts of deposits or bail kept by the parties to a case.

५. Use of the Fund: The amount of the Fund shall be expended on the following works:-

(क) To refund court fees, fines, or other amounts that are required to be refunded according to law or a judgment or order of a court,

(ख) To refund deposit or bail amounts that are required to be refunded according to a judgment or order of a court,

(ग) To pay rewards and other amounts that are required to be paid according to law or a judgment or order of a court,

(घ) To construct court buildings, residential buildings for judges and other employees of courts, and to expand, repair, and maintain such buildings, and if necessary, to purchase land therefor,

(ङ) To expend on any other judicial work that a court is required to perform according to law.

६.
Water Supply Management Board Act, 2006

plaintext
Drinking Water Management Board Act, 2063

Certification and Publication Date
2063.08.08

Acts Amending

1. Some Nepal Acts Amendment Act, 2064 2064.05.09
2. Some Nepal Acts Amendment Act, 2072 2072.11.13
3. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 21 of the year 2063

An Act Made to Provide for the Drinking Water Management Board

Preamble: Whereas, it is expedient to establish and operate a Drinking Water Management Board to make regular, systematic, qualitative and accessible drinking water and sanitation services in the municipal areas and to make proper and effective arrangements for providing reliable service to the residents of such areas,

The House of Representatives has enacted this Act in the first year of the issuance of the House of Representatives Proclamation, 2063. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Drinking Water Management Board Act, 2063".

(2) This Act shall be deemed to have commenced from the 27th day of the month of Ashwin of the year 2063. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Board" means the Drinking Water Management Board constituted pursuant to Section 3, and the word also refers to the Kathmandu Valley Drinking Water Management Board constituted pursuant to Section 7.

(b) "Committee" means the Executive Committee of the Board constituted pursuant to Sections 10 and 11.

(c) "Chairperson" means the Chairperson of the Committee, and the word also includes any other person acting as Chairperson in the absence of the Chairperson.

(d) "Member" means a member of the Executive Committee, and the word also includes the Chairperson.
Water Supply Management Board Act, 2006

Amended by Some Nepal Acts Amendment Act, 2082.(e) "Municipality" means a municipality established pursuant to the Constitution of Nepal, and the word also includes a metropolitan municipality and a sub-metropolitan municipality.

(f) "Corporation" means the Nepal Drinking Water Corporation established pursuant to the Nepal Drinking Water Corporation Act, 2046.

(g) "Geographical Area" means the area specified by the Board pursuant to Section 5 for operating and managing or causing to operate and manage drinking water or sanitation services.

(h) "Natural Water" means water emanating from natural stone spouts, wells, rivers, streams, dug wells, ponds, lakes or surface natural sources since time immemorial, or water extracted from underground sources.

(i) "Drinking Water Service" means the work of treating and purifying natural water and making water available to consumers.

(j) "Sanitation Service" means the work of destroying, disposing, treating or purifying human excreta or wastewater discharged after domestic, commercial or industrial use, as well as all kinds of waste materials mixed in such water.

(k) "Service" means a drinking water or sanitation service.

(l) "License" means a license issued to a service provider to operate and manage the service.

(m) "Service Provider" means any person, consumer group or organized institution providing services for a fee, and the word also includes any other person who provides services by entering into an agreement with the Board.

(n) "Service System" means pipes, reservoirs or plants for treating or purifying drinking water, wastewater or sewage mixed water, or other similar equipment or structures constructed or installed for the purpose of providing drinking water or sanitation services.

(o) "Tariff" means the fee that a service provider may collect from consumers for providing services.

(p) "Executive Director" means the Executive Director of the Board appointed pursuant to Section 17.

(q) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2
Constitution, Functions, Duties and Powers of the Board

3. Board May Be Constituted: (1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, upon consultation with the concerned municipality, constitute a Drinking Water Management Board as required for effectively operating and managing or causing to operate and manage the service system and service of one or more municipal areas being operated by any government agency or institution at the time of commencement of this Act.
Water Supply Management Board Act, 2006

Amended by Some Nepal Acts Amendment Act, 2064.

(2) If at the time of commencement of this Act, the service system and service under Subsection (1) is also being operated in some or all parts of a Amended by Some Nepal Acts Amendment Act, 2072.rural municipality, such part of that Amended by Some Nepal Acts Amendment Act, 2072.rural municipality may also be included within the geographical area of the Board constituted under Subsection (1).

(3) Notwithstanding anything contained in Subsection (1), if any municipality wishes to operate and manage or cause to operate and manage any service system or service being operated by a government agency, municipality or institution under this Act, it may submit an application to the Government of Nepal for the constitution of a Board, specifying the following details:-

(a) The geographical area where the service will be operated and managed,
(b) Details of any Amended by Some Nepal Acts Amendment Act, 2072.rural municipality adjoining the municipality where service has been extended,
(c) The status of water sources located within or related to the area where the service will be operated and managed,
(d) The estimated number of consumers and details of service demand,
(e) The estimated cost for operating the service,
(f) A long-term plan prepared for service operation, management, maintenance, improvement, or service expansion,
(g) A work plan prepared to make the service effective and qualitative,
(h) Whether the Board itself will operate the service or cause it to be operated through other persons or institutions,
(i) If the service system being operated by any government agency is to be transferred to the Board for service operation, the assets and liabilities associated with such service system, the method of transfer, and other related arrangements, and
(j) Other matters as prescribed.

(4) Upon examining the application submitted under Subsection (3), if it appears necessary to constitute such a Board, the Government of Nepal may, by publishing a notice in the Nepal Gazette, constitute a Board as per the applicant's request. 4. Board to be an Autonomous Institution: (1) The Board shall be an autonomous corporate body with perpetual succession.

(2) The Board shall have its own separate seal for the purpose of its business.

(3) The Board may, like a person, acquire, enjoy, sell, or otherwise manage movable and immovable property.

(4) The Board may sue and be sued in its own name like a person. 5.
Water Supply Management Board Act, 2006

5. Geographical Area of the Board: (1) The geographical area of a Board constituted under Section 3 shall be as specified in the notice published by the Government of Nepal in the Nepal Gazette at the time of such constitution.

(2) If for any reason the geographical area of the Board under Subsection (1) needs to be increased, decreased or altered, the Board shall submit an application to the Government of Nepal with sufficient reasons therefor.

(3) Upon receiving an application under Subsection (2), the Government of Nepal shall make necessary inquiry in that regard.

(4) If upon inquiry under Subsection (3) it appears appropriate to increase, decrease or alter the geographical area of the Board, the Government of Nepal may, by publishing a notice in the Nepal Gazette, increase, decrease or alter the geographical area of the Board. 6. Functions, Duties and Powers of the Board: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Board shall be as follows:-

(a) To acquire, construct, expand, improve and restore service systems,
(b) To formulate and implement policies relating to the use of services,
(c) To prevent misuse of drinking water and prevent drinking water from being polluted,
(d) To conduct or cause to conduct studies, research and surveys regarding water sources, distribution and sanitation,
(e) To prepare and implement short-term and long-term plans relating to service systems,
(f) To determine necessary investment for service operation, prepare a plan therefor and arrange or cause to arrange financial resources,
(g) To identify and obtain sources of funds required for expansion and development of services,
(h) To cause the determination of tariff rates for services in accordance with the prevailing law,
(i) To make necessary arrangements to provide quality and effective services,
(j) To issue licenses to service providers for providing services, or to cause services to be provided by entering into agreements with service providers,
(k) To collect or cause to collect the determined tariff for services provided to consumers,
(l) To hear and provide appropriate remedy if any consumer suffers hardship due to the service provided by a service provider,
(m) To perform other functions as prescribed necessary for service operation. 7.
Water Supply Management Board Act, 2006

Added by Some Nepal Acts Amendment Act, 2082.(d) To collect tariff as prescribed in proportion to the quantity from users who, having obtained a license under Clause (c), use water from underground sources for commercial and industrial purposes. Explanation: For the purpose of this Clause, "commercial and industrial purposes" means purposes where water produced by a water-based industry is used and may be sold outside the area of production, and purposes used in industries and businesses where water is consumed only within the industrial premises and cannot be used or sold outside the area of production. 8. Board to Operate or Cause to Operate Services: (1) The Board may operate the services that need to be operated by itself, or as necessary, by issuing a license to a service provider or by entering into an agreement with him. Provided that the Board constituted under Section 7 shall cause services to be operated only through service providers.

(2) When issuing a license to a service provider or entering into an agreement with him under Subsection (1), the Board may prescribe necessary conditions.

(3) The conditions to be complied with by the service provider shall be as mentioned in the license or agreement.

(4) The format of the license and the matters to be mentioned in the agreement shall be as prescribed. 9. Rights Relating to Water Consumption and Distribution to Vest: (1) If a service system operated and managed by the Corporation is transferred to the Board, the Board shall have rights over the water source used by the Corporation to provide services.

(2) In the course of using, operating, maintaining or rehabilitating a service system transferred from the Corporation under Subsection (1), the Board shall have the same rights as the Corporation had regarding laying pipes or re-constructing or re-establishing structures on public or private land. Chapter-3

Provisions Relating to Constitution of the Executive Committee

10.
Water Supply Management Board Act, 2006

Chapter-3

Provisions Relating to Constitution of the Executive Committee

10. Constitution of the Executive Committee: (1) There shall be an Executive Committee to conduct all business to be performed on behalf of the Board constituted under Section 3.

(2) The Committee under Subsection (1) shall consist of the following members:-

(a) The chief of the municipality(s) within the Board's geographical area - Member
(b) Representative, Ministry of Drinking Water - Member
(c) One chairperson of a Amended by Some Nepal Acts Amendment Act, 2072.rural municipality elected from among themselves by the chairpersons of rural municipalities within the Board's geographical area - Member
(d) The chairperson of the local Chamber of Commerce and Industry - Member
(e) The chairperson of the local consumer association - Member
(f) One person nominated by the Committee from among the local non-governmental organizations working in the field of drinking water or sanitation services - Member
(g) One person nominated by the Committee from among experts in the field of drinking water and sanitation services - Member

(3) If there is more than one institution in the respective field when representation is made by a member under Clause (c), (d) or (e) of Subsection (2), such institutions shall take turns representing. Provided that if no agreement is reached among such institutions regarding representation by rotation, the Committee itself shall nominate representation from among such institutions.

(4) When nominating a member under Clause (f) of Subsection (2), priority shall be given to women where available.

(5) The term of office of a nominated member under Subsection (2) shall be four years.

(6) The person chosen from among themselves by the members of the Committee shall be the Chairperson of the Committee.

(7) Before assuming office, a member of the Committee shall take an oath in the format as mentioned in the Schedule.

(8) The Executive Director shall act as the Secretary of the Committee. 11.
Water Supply Management Board Act, 2006

11. Constitution of the Executive Committee of Kathmandu Valley Drinking Water Management Board: (1) There shall be an Executive Committee to conduct all business to be performed on behalf of the Kathmandu Valley Drinking Water Management Board constituted under Section 7.

(2) The Committee under Subsection (1) shall consist of the following members:-

(a) Representative (Gazetted First Class), Ministry of Drinking Water - Member
(b) The chiefs of municipalities within the Kathmandu Valley - Member
(c) Omitted by Some Nepal Acts Amendment Act, 2072
(d) Representative, Federation of Chambers of Commerce and Industry - Member
(e) Representative of a consumer association organization working in the Kathmandu Valley, nominated by the Committee - Member
(f) Representative of an institution related to drinking water or sanitation services within the Board's geographical area, nominated by the Committee - Member
(g) One person nominated by the Committee from among experts in the field of drinking water and sanitation services - Member

(3) Provisions relating to the term of office of members, selection of the Chairperson, representation of women in the Committee and the Secretary of the Committee shall be as mentioned in Section 10. 12. Circumstances for Vacancy of Member's Office: The office of a nominated member of the Committee shall be deemed vacant in the following circumstances:-

(a) If he submits a written resignation from his office to the nominating body,
(b) If his term of office expires,
(c) If he is adjudged insolvent,
(d) If he is convicted by a court on a criminal charge,
(e) If he is absent without notice from three consecutive meetings of the Committee,
(f) If he dies. 13. Filling of Vacancy: If the office of a nominated member of the Committee falls vacant for any reason, the vacant office shall be filled for the remaining term by nomination in the same manner in which he was originally nominated. 14.