chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Criminal Procedure Code, 2017

Investigation Officer:-

Signature:-

Name:-

Rank:-

Office:-

Date:-



Schedule-12

(Relating to Sub-section (4) of Section 16)

Format of Statement Made by a Person Who Saw, Knows or Has Knowledge of the Incident

Before Investigation Officer at Shri Police Office (place so and so), statement given by (so and so) , resident of (so and so) place, occupation (so and so), son/daughter of (so and so) years of

1. Brief description of the complaint application or information:-

2. Questions related to the incident

3. Details stated and written by the person making the statement:-

4. Witnesses:


Signature of person making the statement:-


Thus, on the year month day , auspiciousness. Schedule-13

(Relating to Sub-section (2) of Section 18)

Notice of Search

Shri

In the case regarding the offense of , where the plaintiff is the Government of Nepal and the defendant is , based on the complaint of , since items or objects related to the offense may be kept in the house or property used by the said accused or in a place where the accused may have placed them while committing the offense, I am providing you this notice to search the said house/land. I request you to provide assistance in that task. Investigation Officer

Date:-



Schedule-14

(Relating to Sub-section (3) of Section 18)

Format of Seizure/Search Memo

Seizure/Search Memo of items/objects/place/person's body related to the crime of prepared at Ward No. of Rural Municipality/Municipality (place) from Shri Police Office

1. Brief description of the complaint application or information of the crime:
2. If the searching officer or personnel must conduct a personal search first, details of such search:
3. Description including the four boundaries of the item/object/place/person where the seizure/search was conducted:
4. Description of goods or evidence related to the crime that were seized:
5. Name, surname, residence, age, signature of witnesses who sign as seen:
 (ka)
 (kha)
 (ga)
6. Name, surname, residence, age and signature of those present:
 (ka) resident of Ward No. , Rural Municipality/Municipality, District, who signs stating that when the investigation officer searched my house, goods/objects, body, my personal search was conducted with dignity and no items of my house or belongings have been misappropriated.
 (kha) Name, surname, residence of complainant age signature:
 (ga) Name, surname, residence of accused age signature:
 Investigation officer assigned to conduct the task of seizure, search etc.:
 Other personnel:
7. Date:
8. Time:

Schedule-15
(Relating to Sub-section (2) of Section 20)

Format of Crime Scene/Dead Body Examination Memo

Crime scene/dead body examination memo prepared at (place so and so) from Shri Police Office

1. Name, surname, description of the deceased:-
 Residence:-
 Age:-
 Gender::-
2. Brief description of the application or information:-

3.
Muluki Criminal Procedure Code, 2017

Time:

Schedule-15
(Relating to Sub-section (2) of Section 20)

Format of Crime Scene/Dead Body Examination Memo

Crime scene/dead body examination memo prepared at (place so and so) from Shri Police Office

1. Name, surname, description of the deceased:-
 Residence:-
 Age:-
 Gender::-
2. Brief description of the application or information:-

3. Description including the four boundaries of the crime scene:-

4. Description of the dead body:-
 Physical condition of the body:- (state details)
 Description of the body:-
 Clothing (including other physical materials on the body)
 Hands clenched
 Height
 Straight
 Hair color
 Fists
 Condition of hair
 Condition of nails
 Condition of face
 Condition of legs
 Eyes: open. closed
 Other conditions

 Bruises/Contusions
 (Place, shape and size)

 Name

 Ears
 Scratches/Abrasions
 (Place and shape and name)

 Mouth

 Teeth and tongue
 Cut wounds
 Condition of neck
 (Place, size)
 Marks on neck
 Other places
 Chest
 (Place, shape and size)


 Condition of other parts of the abdomen
 Anus

 Penis/Vagina
 Identifying marks (if any)


 Any other deformity or abnormal signs (mention them as well)

5. Sketch of the crime scene and dead body. (if possible):-
6. Name, surname, age, residence and signature of witnesses who sign/affix seal as seen:-

7. Name, surname, age, residence and signature of those present:-

 Name, surname, age, residence and signature of the person giving the application or information:-
 Name, surname, age, residence and signature of the accused(s):-
 Task performed by:-
 Investigation Officer:-
 Other police personnel:-



Date:-

Schedule-16
(Relating to Sub-section (5) of Section 20)

Format of Post-Mortem Report
AUTOPSY REPORT

1. Case registration number:
2. Police Office sending for autopsy (letter date and reference number):
3. Name of the deceased:
4. Address:
5. Gender:
6. Age, Date of Birth:
7. Dead body identified by:
8. Name of the accompanying Police Personnel:
9. Date and time of death:
10. Date and hour of receipt of inquest papers and dead body:
11. Date and hour of starting autopsy:
12. Date and hour of concluding autopsy:
13. Name of the Experts conducting autopsy:
(1) (2) (3) (4)
14.
Muluki Criminal Procedure Code, 2017

Name of the accompanying Police Personnel:
9. Date and time of death:
10. Date and hour of receipt of inquest papers and dead body:
11. Date and hour of starting autopsy:
12. Date and hour of concluding autopsy:
13. Name of the Experts conducting autopsy:
(1) (2) (3) (4)
14. Name of the Hospital:

RELEVANT DETAILS (Mention brief history of the case regarding circumstances of death and other sources of information):

EXTERNAL EXAMINATION (General observation of the dead body):
(1) Height:
(2) Weight:
(3) Physique:
(4) Hairs:
(5) Clothes and conditions:
(6) Special identifying features (Huliya):

(7) Post-mortem changes present:
(a) Rigor mortis:
(b) Livor mortis:
(c) Algor mortis/Cooling:
(d) Different signs of decomposition:

(8) Natural orifices:
Eyes:
Mouth:
Vagina/penis:
Nose:
Ears:
Anus:
Urethra:

(9) Injuries: Name, size and site (Ante mortem /post-mortem /old /fresh)

INTERNAL EXAMINATION

Head and Neck:
1) Scalp, skull:
2) Brain and vessels:
3) Orbital, nasal and aural cavities:
4) Mouth, tongue:
5) Neck (larynx, thyroid and other neck structures) :
6) Other relevant details:

Chest (Thorax)
1) Ribs and chest wall:
2) Diaphragm:

3) Oesophagus:
4) Trachea and bronchi:
5) Pleural cavities:
6) Lungs:
7) Heart and pericardial sac (any content in pericardial sac, condition of three coronary arteries, valves and chambers and myocardium must be observed):-

Abdomen
1) Peritoneal and Pelvic cavity :
2) Stomach and content :
3) Small intestine:
4) Large intestine:
5) Liver, gall bladder, pancrease :
6) Spleen:
7) Kidney, renal pelvis :
8) Genital organs:
9) Urinary bladder and urethra:

Spinal Column:

Specimen Collected For Analysis (Mention preservative also)
Toxicology
1) Stomach with contents:
2) Part of liver:
3) Kidney:
4) Blood:
5) Others; if any:

Histopathology :

Others (Specify):



Special Examination (Procedures like neck dissection, pelvic dissection, flotation test of lungs etc. must be done in relevant cases and findings should be documented):

Items Handed Over (when and who received?)
1) Autopsy report:-
2) Viscera and other Samples :-
3) Clothes and other articles:-

Opinion or Conclusion
1. Opinion on cause of death:

मृत्युको कारण (नेपालीमा समेत) :

2. Opinion on time since death:

3. Opinion on probable type of objects or weapon causing injuries:

4. Opinion on live birth or still birth:

5. Other Opinion; if any:

Signature of Medical Officer / Expert
1. 2. 3. Signature: Signature: Signature:
Date: Date: Date:
Name: Name: Name:
Special Qualification, Training and Experience:
Special Qualification, Training and Experience:
Special Qualification, Training and Experience:
N.M.C. Reg. No.: N.M.C. Reg. No.: N.M.C. Reg. No.:

Seal of the Hospital:
Date :



Note:
 Autopsy should, as far as possible, be conducted by a forensic expert, and if such an expert is not available, by a trained medical doctor.
Muluki Criminal Procedure Code, 2017

Reg. No.: N.M.C. Reg. No.: N.M.C. Reg. No.:

Seal of the Hospital:
Date :



Note:
 Autopsy should, as far as possible, be conducted by a forensic expert, and if such an expert is not available, by a trained medical doctor. The report must be prepared by the expert or doctor who conducted the autopsy. As far as possible, the report should be prepared by computer typing; if not, it should be written legibly. The original copy of the examination report must be attached. If the specified space is insufficient to mention details, details should be mentioned on a separate sheet as well. Schedule-17
(Relating to Sub-section (1) of Section 22)
Format of Injury Examination Form

INJURY EXAMINATION REPORT
(IT IS USED IN CASE OF EXAMINATION OF DETAINEE ALSO)

1. Case Registration No.:
2. Name of the Office referred for injury examination (with letter ref. No. and Date) :
3. Name, Age, Date of birth and Sex of the injured person:
4. Address:
5. Name of the accompanying Police Personnel:
6. Name of the Hospital/Health centre:
7. Date, time and place of examination:
8. Identification mark of the examinee :
9. Consent for examination taken from :
Injured person Family member or others
10. Brief history about the incident (how and when the injuries were produced?):
11. Medical history of the examinee :
12. General Physique and vitals :



Height: Weight: Pulse: B.P.: B.P:
Temperature: Respiratory Rate:

Temperature: Respiratory Rate:
Degree of Consciousness:

13. Injuries (Name, Size, Site, Color, Surrounding area, Signs of treatment, Bleeding Marks, Sign of Healings, any Imprints and content etc.) :

A. Type of injury
a. Simple:
b. Angabhanga (Grievous) :
c. Severe:
d. Other remarks:

B. Type of weapon/object used:
(i) Blunt force (ii) Sharpe force
(iii) Pointed objects (iv) Projectile (v) Heat
(vi) Chemical (vii) Others (Specify)

C. Condition of the patient at the time of examination :

D. Severity (Explain the severity in terms of existing condition and possible complication) :

E. Investigation and reports (for example X-ray, USG, Blood, Urine etc) :

F. Treatment provided (briefly) :

G. Referral (Where and Why?):

H. Follow up (if necessary ) :

I. Re- Examination (Whether case needs information about grade of disability ) :

Opinion: (Condition of examinee, severity of the injury, age of the injury and possible causative objects should be considered to frame opinion)

Name of the Examiner:
Signature:
Qualification:-
MC/NHPC Reg. No. :
Office/Hospital/Health Centre:
Date:
Seal of the Hospital/Health Centre:

Note:

 Injury examination should, as far as possible, be conducted by a forensic expert, and if such an expert is not available, by a trained medical practitioner.
Muluki Criminal Procedure Code, 2017

No. :
Office/Hospital/Health Centre:
Date:
Seal of the Hospital/Health Centre:

Note:

 Injury examination should, as far as possible, be conducted by a forensic expert, and if such an expert is not available, by a trained medical practitioner. The report must be prepared by the expert or medical practitioner who conducted the injury examination. As far as possible, the report should be prepared by computer typing; if not, it should be written legibly. The original copy of the examination report must be attached. If the specified space is insufficient to mention details, details should be mentioned on a separate sheet as well. Schedule-18

(Relating to Sub-section (3) of Section 24)

Format of Identification of a Person

Identification memo conducted by Police Office

I, son of , resident of Ward No. , Rural Municipality/Municipality, District, was present at the place where the offense of occurred on date in Ward No. , Rural Municipality/Municipality, District. Having been requested by the Police Office to identify the person who committed the offense, which I saw, I am present at this office today. Since I saw the following person(s) when the incident occurred and recognize their appearance and complexion, I identify that he/she is the same person / Since I did not see him/her or his/her appearance/complexion is different, I state that he/she is not that person. Name, surname, residence of the person making identification:

Place where identification was made:

Name, surname, residence, rank of the officer conducting identification:

Date of identification:

Schedule-19

(Relating to Sub-section (1) of Section 25)

Police Diary

1. Name of Investigation Officer:
2. Date assigned for investigation:
3. Name of Case:
4. Name of Plaintiff/Defendant:
5. Details related to investigation:
 (ka) Date and time of receiving information of the offense and brief description thereof:
 (kha) Details of visits made by him/her in the course of investigation:

 Date Place Tasks performed by him/her Evidence and proofs obtained Details if any person was arrested Name, address of persons questioned by him/her and statements made by them regarding the offense Signature Remarks



Schedule-20

(Relating to Sub-section (1) of Section 31)

Investigation Report

Case No. Diary Date up to

1. Date and time of receiving information of the offense or filing of complaint
2. Name and rank of Investigation Officer
3. Name and address of person providing information
4. Brief description of complaint application or information
5. Date, time and place of the offense
6. Date and time of identification of the victim of the offense
7. Date, time and place of arrest of the offender
8. Name, surname, age, residence (including toll/ward) of the offender (if more than one offender, list all names in order)
9.
Muluki Criminal Procedure Code, 2017

Date, time and place of the offense
6. Date and time of identification of the victim of the offense
7. Date, time and place of arrest of the offender
8. Name, surname, age, residence (including toll/ward) of the offender (if more than one offender, list all names in order)
9. Name and residence of the father/mother of the offender
10. Brief description of the statement made by the accused before the authorized officer
11. Place where goods related to the offense were found
12. Name, surname, age and address of the victim of the offense
13. Clear description and depiction of the crime scene
14. Instrument or weapon used in committing the offense
15. Cause of the incident and intention of the offender
16. Proposed opinion of the Investigation Officer and demand for punishment
Added by the Act to Amend Some Acts Relating to Money Laundering Prevention and Business Environment Promotion, 2080.16ka. If the accused is also found to have committed an offense related to money laundering, the proposed opinion of the Investigation Officer and demand for punishment
17. If compensation is to be recovered, details of who should be compensated and how much
18. Name, surname, residence of witnesses having knowledge of the offense and brief description of their statements made before the Investigation Officer
19. Physical evidence related to the offense
20. If any other matter needs to be mentioned, details thereof
21. Serial description of the documents submitted

Schedule-21
(Relating to Sub-section (1) of Section 32)

Format of Charge Sheet

To be filled by Court:
Registration No:
Registration Date:

Filed Under Section 20 of Chapter-3 of the Muluki Criminal Procedure (Code) Act, 2074, in Shri Court. Charge Sheet

Number of the Year

Government of Nepal Plaintiff

By the complaint of

Vs.

(1)
(2) Defendant

Case

Facts of the Case:

(1)
(2)
(3)

Charge levelled against the accused:

Description of the legal provision related to the charge:

Punishment to be imposed on the accused:

If the accused has admitted the offense, details thereof and the proposed sentence reduction:

Evidence:

Proof, evidence and items related to the offense:

Witnesses:

From:-

(1)
(2)
(3)
(4)

If the person harmed by the offense is to be compensated, the demand for compensation. Seized goods or other items of evidential value related to the offense:

(1)
(2)
(3)

Documents submitted:

(1)
(2)
(3)

It is respectfully requested to the court to initiate proceedings from this charge sheet.
Muluki Criminal Procedure Code, 2017

Seized goods or other items of evidential value related to the offense:

(1)
(2)
(3)

Documents submitted:

(1)
(2)
(3)

It is respectfully requested to the court to initiate proceedings from this charge sheet. Office Seal:

Of the Government Attorney:

Signature:

Name:

Rank:

Office:

Date:

Note:

(1) While preparing the charge sheet, matters required to be disclosed under Section 32 of Chapter 3 of this Act must also be stated.
(2) The names, surnames, and residences of all offenders must be written in the 'Vs.' section with matching serial numbers.
(3) Available evidence, documents must be listed in the format above. Schedule-22
(Relating to Sub-section (2) of Section 53)

Format of Complaint

To be filled by Court
Registration No. Registration Date

Filed Under Section of Chapter of the Muluki Criminal Procedure (Code) Act, 2074, in

Complaint Petition

Criminal File No. of the Year , resident of , aged years, Complainant. Vs. Resident of , aged years, Offender. Case

The details of the offense committed by the aforementioned offender are written below. I respectfully request to proceed with the case against him/her. 1. Detail of the offense
2. Charge levelled against the offender
3. Relevant law
4. Punishment to be imposed on the offender
5. Loss caused by the offense and amount to be recovered from the offender
6. If the accused has admitted the offense, details thereof and sentence reduction for that
7. Other necessary matters

Evidence

Witnesses

(1)
(2)
 (Full name, age and address of witnesses)

Written

1. 2. Proof

1. 2. Complainant
 born, resident of
Son/Daughter/Wife years of age

Date

Schedule-23

(Relating to Sub-section (7) of Section 57)

Notice to Appear Pursuant to Arrest Warrant

Notice Issued by Shri Court

In the case of , Government of Nepal vs. You/You including others, upon complaint/report of Shri , a charge sheet has been filed stating that on you/you including others committed , therefore, an arrest warrant in your name is enclosed herewith. You are notified to appear pursuant to the arrest warrant. Court Seal

Of the concerned Officer

Signature/Seal



Schedule-24

(Relating to Sub-section (1) of Section 58)

Format of Arrest Warrant Issued by Court in the Name of the Accused

Notice Issued by Shri Court

In the case of , Government of Nepal vs. You/You including others, upon complaint/report of Shri , a charge sheet has been filed stating that on you/you including others committed , therefore, this arrest warrant is issued in your name. You are notified to appear pursuant to the arrest warrant.
Muluki Criminal Procedure Code, 2017

You/You including others, upon complaint/report of Shri , a charge sheet has been filed stating that on you/you including others committed , therefore, this arrest warrant is issued in your name. You are notified to appear pursuant to the arrest warrant. Court Seal

Of the concerned Officer

Signature/Seal



Schedule-25

(Relating to Sub-section (1) of Section 58)

Format of Arrest Warrant Issued by Court in the Name of Witnesses and Other Persons

Arrest Warrant Issued by Shri Court in the Name of the Offender



(Name of Officer or Office)

 Upon the charge of the offense

 Against

(Name and address of person to be arrested)

Since proceedings in this court are ongoing against him/her, you are ordered to arrest him/her and produce him/her before this court within seven days, excluding travel time. If unable to produce him/her within that period, on the eighth day, serve this arrest warrant and the notice sent herewith, inform this court of the same, and search for the person to be arrested, and arrest him/her wherever found and produce him/her before this court. Of the concerned Officer:

Date

Signature/Seal

Court Seal



Schedule-26

(Relating to Sub-section (7) of Section 58)

Thirty-five Day Arrest Warrant Issued by Court

In the case of , Government of Nepal vs. You/You including others, upon complaint of Shri , an arrest warrant was issued to arrest you, and since you have not been arrested pursuant to that warrant, this thirty-five day arrest warrant is also attached. If you yourself appear or are arrested pursuant to the arrest warrant and appear before this court within thirty-five days, excluding travel time, your statements will be heard and action will be taken according to law. If you do not appear and remain absconding after the expiry of the period, action will be taken according to law. You will not be entitled to file a complaint later. Date

Of the concerned Officer

Court Seal

Signature/Seal



Schedule-27

(Relating to Sub-section (2) of Section 59)

Format of Summons Issued in the Name of the Accused

Summons in the name of , resident of , issued by

Since a charge sheet has been filed in this court against you on the charge of the offense of , and hearing on that matter will be held on the day of year month date, you are required to appear before this court. If you fail to appear on that day, a warrant will be issued for your arrest and action will be taken according to law. The complaint against you is attached herewith. Of the concerned Officer

Signature/Seal:

1. (Copy of attached document)
2. 3. 4.
Muluki Criminal Procedure Code, 2017

If you fail to appear on that day, a warrant will be issued for your arrest and action will be taken according to law. The complaint against you is attached herewith. Of the concerned Officer

Signature/Seal:

1. (Copy of attached document)
2. 3. 4. Court Seal

Date:

Schedule-28

(Relating to Sub-section (2) of Section 59)

Format of Summons to be Issued in Private Criminal Cases

Summons in the name of , resident of , issued by

A complaint has been filed against you for the offense of , therefore, this summons is issued. You are to appear before this court within thirty days from the date of issuance of this summons. If you fail to appear within that period, you are informed that proceedings will take place according to law. Of the concerned Officer

Signature/Seal:

1. (Documents of which copies are sent)
2. 3. 4. Court Seal

Date:



Schedule-29

(Relating to Section 60)

Format of Summons Issued in the Name of a Witness

Summons in the name of , resident of , issued by

In the case of plaintiff vs. defendant, as some matters need to be clarified with you, you are to appear before this court at o'clock in the morning on the day of year month date. If you fail to appear, action will be taken according to law. Of the concerned Officer

Signature/Seal:

Court Seal

Date:



Schedule-30

(Relating to Sub-section (1) of Section 74)

Format of Bond to be Executed by the Person Furnishing Bail

In the case of year no. of plaintiff, Government of Nepal, vs. defendant , upon the complaint of and by the order dated of the court, bail of has been demanded. Therefore, I have submitted an application for permission to deposit cash of Rs. or property as described below as such bail. I shall always appear at the time fixed by the court, and if I fail to do so, I consent to the forfeiture of the said bail up to the amount I am liable to pay or bear. Name, surname, residence of person furnishing bail,

Name, surname, residence of father/grandfather. Description of property:-



Schedule-31

(Relating to Sub-section (3) of Section 74)

Format of Bond to be Executed by the Person Providing Surety for Property

In the case of year no. of plaintiff, Government of Nepal, vs. defendant , upon the complaint of and by the order dated of the court, surety of is required to be given. Therefore, I have agreed to provide surety of cash Rs. or property as described below as such surety, and I have come to provide such surety.
Muluki Criminal Procedure Code, 2017

Therefore, I have agreed to provide surety of cash Rs. or property as described below as such surety, and I have come to provide such surety. I shall always ensure the appearance [of the accused] at the time fixed by the court, and if [the accused] fails to appear, I consent to the recovery of the punishment to be imposed on [the accused] or any amount [the accused] is liable to pay from such surety or any other property of mine. Name, surname, residence of person providing surety,

Name, surname, residence of father/grandfather. Description of property:-



Schedule-32

(Relating to Sub-section (4) of Section 74)

Format of Bond to be Executed by a Person Other Than the Accused/Defendant Who Provides Surety

In the case of year no. of plaintiff, Government of Nepal, vs. defendant , upon the complaint of and by the order dated of the court, surety of has been demanded from him/her, and for him/her, I have agreed to provide surety of cash Rs. or property as described below as such surety, and I have come to provide such surety. I shall produce the said accused/defendant at the time fixed by the court, and if I fail to produce him/her, I consent to the recovery of the punishment to be imposed on him/her or any amount he/she is liable to pay from such surety or any other property. Name, surname, residence of person providing surety,

Name, surname, residence of father/grandfather. Description of property:-



Signature

Date

Schedule-33

(Relating to Section 80)

Format of Detention Warrant

Detention Warrant

Shri
Address

In connection with the offense of , case of plaintiff, Government of Nepal, vs. you including others, upon complaint of , as it is necessary to keep you in police custody and proceed with the case, this detention warrant is issued for keeping you in police custody from today's date. Of the concerned Officer:-
Signature:-
Name:-
Rank:-
Office:-
Date:-



Schedule-34

(Relating to Sub-section (1) of Section 82)

Format of Date Book

Date Book Prepared by

Year

 Month, Date, Day S.No.
Muluki Criminal Procedure Code, 2017

Of the concerned Officer:-
Signature:-
Name:-
Rank:-
Office:-
Date:-



Schedule-34

(Relating to Sub-section (1) of Section 82)

Format of Date Book

Date Book Prepared by

Year

 Month, Date, Day S.No. Case Name of Complainant, Appellant or Petitioner Name of Accused or Respondent Purpose for which date is fixed Remarks





Signature/Seal



Schedule-35

(Relating to Sub-section (2) of Section 82)

Format of Date Receipt

Date Receipt Prepared at Court/Office

Plaintiff Defendant

Case

On date

Since the case is to be listed in the cause list on date , for the purpose of , I, the undersigned , state that I will appear at this Court/Office at o'clock on date

Plaintiff Defendant



Schedule-36

(Relating to Sub-section (1) of Section 83)

Format of Date Slip

Date Slip in the name of , issued by

Case Year Number Vs. , a date has been fixed for , so you are to appear at at o'clock on that day. Signature/Seal of the official fixing the date

For , a date has been fixed for , so you are to appear at at o'clock on that day. Signature/Seal of the official fixing the date



Schedule-37

(Relating to Sub-section (5) of Section 89)

Format of Power of Attorney

In the case of with resident of , I have appointed resident of as my attorney to do the work of on my behalf. There is no disqualification for him/her to be an attorney. I have no outstanding dues to pay as fines, penalties, court fees, or charges according to law. The above written content is true; if found false, I consent to the revocation of this power of attorney. Date

D.B. Thumbprint

(Signature)
 (Full Name)
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

International Integrated Mountain Development Centre Act, 2040

Certification and Publication Date
2040.6.24

Amending Act:
1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.9.7

Act No. 9 of the year 2040



An Act made to provide legal provisions relating to the International Integrated Mountain Development Centre

Preamble: Whereas, in accordance with the agreement concluded between the Government of Nepal and the United Nations Educational, Scientific and Cultural Organization, an international centre has been established in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to carry out study, research and other necessary work for the integrated development of the mountainous region of the Hindu Kush-Himalayan area, it is desirable to make legal provisions to enable such centre to work in a fully autonomous manner to operate at the international level, and

Whereas, it is desirable to make legal provisions also in relation to the privileges and immunities to be provided to such international centre, its employees, representatives and experts in accordance with the agreement granting the facilities and immunities provided by international law,

This Act is enacted by His Majesty King Birendra Bir Bikram Shah Dev with the advice and consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be cited as the "International Integrated Mountain Development Centre Act, 2040".

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

(a) "Centre" means the International Centre for Integrated Mountain Development established in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. pursuant to the agreement concluded between the Government of Nepal and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

(b) "Agreement" means the agreement concluded between the Government of Nepal and UNESCO on September 30, 1981 in Paris.

(c) "Committee" means the Governing Board constituted for the operation of the Centre.

(d) "Director" means the Director of the Centre.

(e) "Employee" includes the Director, Deputy Directors, staff, experts, advisors and consultants of the Centre. 3. Centre to be an Autonomous Body: (1) The Centre shall be a fully autonomous, organised institution with international personality and perpetual succession.
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

3. Centre to be an Autonomous Body: (1) The Centre shall be a fully autonomous, organised institution with international personality and perpetual succession. The Centre shall not receive instructions from any government or institution other than the Committee.

(2) The Centre shall have its own seal and may enter into contracts, and may sue and be sued in its own name.

(3) The Centre may acquire, hold, use, or mortgage, lease, sell, dispose of, or donate movable and immovable property, rights, permits, facilities or assistance by way of donation, endowment, grant, exchange, purchase, sale, mortgage, lease or in any manner from the Government of Nepal or any foreign government or governmental agency, or from domestic, foreign or international organisations, companies, corporations or persons.

(4) The Centre shall be operated on a non-profit basis and shall remain free from politics in matters of management, employee recruitment, and operational activities. 4. Functions, Duties and Powers of the Centre: Notwithstanding anything contained in the prevailing law, the functions, duties, powers and obligations of the Centre shall be in accordance with the Agreement and the Statute attached thereto. 5. Provision of Office Location: (1) The office of the Centre shall be in Kathmandu or, as decided by the Centre, in any other place in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(2) For the establishment of the office of the Centre, the Government of Nepal shall provide a suitable building at the expense of the Centre.

(3) If the Centre decides to construct its own building, the Government of Nepal shall provide one and a half hectares of land free of cost in a suitable location for the construction of such building.

(4) The Government of Nepal shall also arrange for basic facilities such as electricity, water, telephone, telegram, road, drainage etc. required in the building or land provided pursuant to sub-section (2) or (3).

(5) The office building and land of the Centre shall be used only for the purpose of achieving the objectives of the Centre.

(6) The entire responsibility for the maintenance and preservation of the office building of the Centre and the care and upkeep of the facilities and equipment installed therein shall lie with the Centre. 6. Inviolability of the Centre's Office Building, Premises and Property: (1) The office building, premises and property of the Centre shall be inviolable.

(2) It shall be the duty of the Government of Nepal to prevent encroachment or damage to the office building, premises and property of the Centre and to prevent disturbance to its peace or order. 7.
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

7. Protection of the Centre's Property: The Government of Nepal shall provide protection to the property of the Centre in such a way that, wherever such property may be located in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and with whosoever it may be, no person may search, seize, acquire, or interfere with or cause damage to such property in any manner. 8. Inviolability of Archives and Documents: (1) The archives of the Centre and all kinds of documents shall be inviolable wherever they may be located in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(2) The official correspondence, documents and publications of the Centre shall not be censored in any manner, and the envelopes or other sealed covers, boxes, packages, etc. of such documents and any other postal articles shall not be opened or detained. Provided that if any article other than the documents of the Centre is placed in such sealed covers or packages, the prevailing Nepal law shall apply. 9. Exemption from Taxes: No direct or indirect tax, fee or levy of any kind imposed by the government, local removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. level, including income tax, house and land tax, land revenue, vehicle tax, interest tax, development tax, registration fee, shall be levied on the capital, income and property of the Centre. Provided that fees payable for any services such as electricity, water, drainage, telephone, telegram, transportation, postal services etc. to the Centre shall not be exempted. 10. Facilities Regarding Import and Export: Customs duties, sales tax or any fees, and restrictions or controls on import and export shall not be imposed on goods imported or exported by the Centre for its own use. Provided that the Centre shall provide details of goods imported or exported to the customs office. 11. Tax Refund: The Centre shall not make any claim for refund of excise duty indirectly included in the price of goods purchased by it, or customs duties and sales tax levied on imports. 12.
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

11. Tax Refund: The Centre shall not make any claim for refund of excise duty indirectly included in the price of goods purchased by it, or customs duties and sales tax levied on imports. 12. Facilities Regarding Foreign Exchange: (1) Notwithstanding anything contained in the prevailing law, the Centre may maintain and operate foreign currency funds and accounts in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or in any other foreign country, and may transfer or exchange such funds within or outside Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or from one country to another, and may convert one type of foreign currency into another.

(2) The procedures to be followed by the Centre while enjoying the facilities provided pursuant to sub-section (1) shall be as determined by mutual consultation between the Government of Nepal and the Centre. 13. Immunity to Foreign Representatives or Experts: (1) The following representatives or persons coming to attend conferences or meetings of the Centre or assigned for the work of the Centre shall, while entering, staying in, or departing from Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., be provided with facilities and immunities in accordance with the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted on November 21, 1947, to which Nepal has been a party since September 28, 1965:-

(a) Representatives or employees or experts of UNESCO, and

(b) Members of the Committee or representatives of foreign governments or foreign institutions invited by the Centre.

(2) The representatives or persons referred to in sub-section (1) shall be provided with free visas to enter Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 14.
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

14. Facilities and Immunities to Office Bearers and Employees of the Centre: (1) While staying in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in connection with the affairs of the Centre, members of the Committee, the Director and Deputy Directors of the Centre shall, by being included in the relevant diplomatic category, be provided with facilities and immunities equivalent to those given to diplomatic persons under the prevailing law by the Government of Nepal.

(2) Employees shall, while staying in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in the course of performing their duties related to the Centre, be provided with facilities and immunities in accordance with the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted on November 21, 1947, to which Nepal has been a party since September 28, 1965.

(3) The facilities and immunities pursuant to this section shall be provided by the Government of Nepal upon the request of the Centre.

(4) The Centre shall provide the Ministry of Foreign Affairs of the Government of Nepal with details including the name, post, nationality and nature of work of any person entitled to facilities and immunities under this section, and any changes therein.

(5) In order to obtain the facilities and immunities under this section, the concerned person shall show his/her identity card issued by the Centre as required.

(6) Nothing in this section shall be deemed to prevent the Government of Nepal from providing such other facilities and immunities as it may deem necessary in addition to the facilities and immunities provided under this section.

(7) Notwithstanding anything else contained in this section, facilities under this section shall not be provided to Nepali citizens. 15. Sale of Goods of the Centre: (1) If the Centre sells or transfers without consideration any goods for which customs duties, sales tax, fees or excise duty have been exempted or refunded under section 10 or 11, the customs duties, taxes, fees or excise duty that would be applicable at the prevailing rate on the then current value of such goods shall be paid to the Government of Nepal.

(2) If, among the goods imported by the Centre under section 10, prohibited or controlled goods are to be sold as no longer required by the Centre, such goods may be sold or transferred only to the Government of Nepal or to a person authorised by the Government of Nepal. 16.
International Centre for Integrated Mountain Development (ICIMOD) Act, 1983

16. Liability for Damages: (1) No claim for damages shall lie against the Centre or its employees in relation to any act done by the Centre or the employee in the course of its/his/her work or duties. Provided that if any person suffers damage or loss due to an act of negligence or intentional act of an employee, the concerned person may make a claim to the Centre through the Government of Nepal.

(2) The Centre shall make necessary arrangements to provide reasonable compensation for a specific type of damage or loss caused to any person by any act done by the Centre in the course of its work or duties.

(3) The compensation to be given under sub-section (2) shall be arranged by the Centre, in consultation with the Government of Nepal, to be provided through an insurance company or by other means. 17. Not to Grant Asylum: Notwithstanding anything contained in this Act, the Centre shall not grant asylum within its office building and premises to any person liable to be arrested under the law of Nepal, or to any person to be extradited to another country, or to any person seeking to evade legal or judicial proceedings. 18. Prevention of Abuse of Facilities and Immunities: (1) The facilities and immunities provided by this Act shall be deemed to be granted solely in the interest of the Centre. It shall be the duty of the Director to prevent the abuse of such facilities and immunities.

(2) If the Government of Nepal considers that any facility or immunity under this Act has been abused, the Government of Nepal shall give written notice thereof to the Centre.

(3) Upon receipt of the notice under sub-section (2), the Director shall consult with the concerned official of the Government of Nepal and provide written information to the Government of Nepal about the action taken in that regard. 19. Dissolution: Upon dissolution of the Centre, the management of all its assets and liabilities shall be as mentioned in the agreement concluded between the Government of Nepal and the Centre in that regard. 20. Liaison with the Government of Nepal: The Centre shall liaise with the Government of Nepal through the Ministry of Education and Culture.
National Sports Development Act, 2020

राष्ट्रिय खेलकुद विकास ऐन, २०७७

National Sports Development Act, 2077 (2020)

Certification Date
2077/03/11

Act Number 3 of the year 2077

An Act Made to Amend and Consolidate Laws Relating to Sports Development

Preamble: Whereas, it is desirable to amend and consolidate the prevailing laws relating to sports to prepare healthy, capable, dignified, disciplined athletes and creative citizens through sports, to promote national unity and enhance national prestige, to conduct study and research in the field of sports, and to operate and manage sports by developing, expanding, and promoting sports;

The Federal Parliament has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "National Sports Development Act, 2077 (2020)".

(2) This Act shall commence on the seventh day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Chairperson" means the Chairperson of the Council.

(b) "International level athlete" means a Nepali athlete who has participated on behalf of Nepal in the Olympic, Asian, and South Asian official sports or sports organized by an international sports association or federation and world-level championships of such sports.

(c) "Vice-chairperson" means the Vice-chairperson of the Council.

(d) "Sports" means the activity of engaging in competitive activities individually or in a group through physical and mental effort and skill to achieve result-oriented accomplishments, and the term also includes prevailing professional, touristic, adventure, and traditional games.

(e) "Athlete" means a person engaged in sports.

(f) "Sports organization" means an organization relating to sports registered pursuant to prevailing law.

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

(h) "Council" means the National Sports Council pursuant to Section 3.

(i) "Ministry" means the Ministry of Youth and Sports of the Government of Nepal.

(j) "National level athlete" means a Nepali athlete who has participated in a national sports competition organized by the Council.

(k) "Member" means a member of the Council and the term also includes the Chairperson, Vice-chairperson, and Member-Secretary of the Council.

(l) "Member-Secretary" means the Member-Secretary of the Council pursuant to Section 17.

(m) "Committee" means the Executive Committee pursuant to Section 14.

(n) "Association" means a sports association established pursuant to Section 22 and the term also includes a national sports association or federation pursuant to Section 23. Chapter-2
Establishment of the Council and its Functions, Duties, and Powers

3.
National Sports Development Act, 2020

Chapter-2
Establishment of the Council and its Functions, Duties, and Powers

3. Establishment of the Council: (1) A National Sports Council is established for the development, expansion, promotion, and study, research of sports and for the operation and management of sports.

(2) The Council pursuant to sub-section (1) shall consist of the following Chairperson, Vice-chairperson, and members:-

(a) Minister or Minister of State for Youth and Sports of the Government of Nepal - Chairperson

(b) One person nominated by the Government of Nepal from among persons who have made a significant contribution to the field of sports - Vice-chairperson

(c) Secretary of the Ministry - Member

(d) Secretary of the Ministry of Education, Science and Technology of the Government of Nepal or a Joint Secretary of that Ministry designated by him/her - Member

(e) Chief of the sports section of the Nepali Army - Member

(f) Chief of the sports section of the Nepal Police - Member

(g) Chief of the sports section of the Armed Police Force, Nepal - Member

(h) One person nominated by the Chairperson from among the heads of sports departments of universities - Member

(i) Chief of the Sports Division of the Ministry - Member

(j) Executive head of the provincial-level institutional structure relating to sports development of each province - Member

(k) Nine persons, including at least three women, nominated by the Government of Nepal from among distinguished persons who have made significant contributions to sports development, national and international former athletes, ensuring representation from all provinces and also from women, Dalit, indigenous nationalities, Khas Arya, Madhesi, Tharu, Muslim, backward region, etc.