chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Tourism Act, 1978

14A. Registration of Tourist Standard Hotels, Lodges, Restaurants, Resorts or Bars in the Province: (Added by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075.)
(1) Notwithstanding anything contained elsewhere in this Act, the Provincial Government may register such hotels, lodges, restaurants, resorts or bars as the Government of Nepal may, by notification in the Nepal Gazette, specify among those classified under the Rules framed under this Act.

(2) The Provincial Government shall also exercise the powers vested in the Government of Nepal regarding the inspection and examination of tourist standard hotels, lodges, restaurants, resorts or bars registered under Sub-section (1). 15. Penalty: (1) If a hotel, lodge, restaurant, resort or bar is operated claiming to be of tourist standard without registration under Section 10, or if any word or symbol is used in violation of Sub-section (1) of Section 14, or if contact with a tourist is made, the Government of Nepal may impose a fine of up to ten thousand rupees (Amended by the Second Amendment.) for the first offense, from ten thousand to thirty thousand rupees (Amended by the Second Amendment.) for the second offense, and from thirty thousand to fifty thousand rupees (Amended by the Second Amendment.) for each subsequent offense from the third offense onwards.

(2) If any word or symbol is used in violation of Sub-section (2) of Section 14, the Government of Nepal may suspend or cancel the registration of such hotel.

(3) If a person obstructs or opposes an employee deputed by the Government of Nepal under Section 12 from inspecting a hotel, lodge, restaurant, resort or bar or examining the food and drink items used therein, the Government of Nepal may impose a fine of up to ten thousand rupees (Amended by the Second Amendment.) on such person.

(4) A person aggrieved by an order given by the Government of Nepal under Sub-section (1), (2) or (3) may file a complaint with the High Court (Amended by the Some Nepal Acts Amendment Act, 2072.) within thirty-five days. Chapter - 4

Provisions Relating to Mountaineering

16. Prohibition on Climbing Mountain Peaks without Permission: A mountaineering team shall not climb any mountain peak without obtaining permission under this Act. 17.
Tourism Act, 1978

Chapter - 4

Provisions Relating to Mountaineering

16. Prohibition on Climbing Mountain Peaks without Permission: A mountaineering team shall not climb any mountain peak without obtaining permission under this Act. 17. Permission Required for Mountaineering: (1) A mountaineering team wishing to climb any mountain peak in Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) opened by the Government of Nepal for mountaineering shall submit an application to the Government of Nepal as prescribed.

(2) Upon receipt of an application under Sub-section (1), the Government of Nepal may, after making necessary inquiries and if it deems appropriate, issue permission as prescribed.

(3) The conditions to be observed by a mountaineering team obtaining permission for mountaineering shall be as prescribed. 18. Royalty to be Paid for Mountaineering: (1) A mountaineering team obtaining permission to climb under Section 17 shall pay the prescribed royalty amount for the mountain peak of the prescribed height in convertible foreign currency.

(Added by the First Amendment.)
Provided that, the royalty amount payable by the Nepali side in a Nepali mountaineering team or a joint Nepali and foreign mountaineering team may be paid in Nepali currency.

(2) The royalty amount paid by one mountaineering team shall not be transferable to another mountaineering team. 19. Route for Mountaineering: (1) A mountaineering team must climb only by the route specified in the permission issued by the Government of Nepal for mountaineering.

(2) If it becomes necessary to change the mountaineering route due to natural or other reasons, prior approval from the Government of Nepal must be obtained. Provided that, if the route has to be changed due to an emergency, the reason therefor shall be communicated to the Government of Nepal as soon as possible through the Liaison Officer. 20. Liaison Officer: (1) A mountaineering team obtaining permission for mountaineering must take with it the number of Liaison Officers deputed by the Government of Nepal while going for mountaineering.

(Added by the First Amendment.)
Provided that the Government of Nepal may specify mountain peaks for which taking a Liaison Officer is not required.

(2) The mountaineering team concerned shall provide the Liaison Officer deputed to accompany it under Sub-section (1) with facilities as prescribed from the date of departure for the mountaineering expedition until the completion of the mountaineering and return to Kathmandu or other place prescribed by the Government of Nepal.

(3) The duties, functions and powers of a Liaison Officer shall be as prescribed. 21. Provisions Relating to Sirdar, Mountain Guide, Base Camp Workers, etc.: (1) While departing for mountaineering, a mountaineering team may take with it Sirdars, Mountain Guides, Base Camp workers, High Altitude workers and Local workers as required.
Tourism Act, 1978

21. Provisions Relating to Sirdar, Mountain Guide, Base Camp Workers, etc.: (1) While departing for mountaineering, a mountaineering team may take with it Sirdars, Mountain Guides, Base Camp workers, High Altitude workers and Local workers as required. While taking them, the mountaineering team must take such persons with a commitment to provide them facilities as prescribed from the date of departure until the completion of mountaineering and return to Kathmandu or other place prescribed by the Government of Nepal.

(Added by the First Amendment.)
Provided that the mountaineering team must take workers as prescribed.

(2) Even after departure for mountaineering, if necessary on the way, Base Camp workers, High Altitude workers or Local workers may be taken along.

(3) The duties, functions and powers of Sirdars, Mountain Guides, Base Camp workers, High Altitude workers and Local workers shall be as prescribed. 22. To be Nepali Citizens: Sirdars, Mountain Guides, High Altitude workers, Base Camp workers and Local workers accompanying a mountaineering team must be Nepali citizens. 23. Removal from Work: (1) If the work of any Sirdar, Mountain Guide, High Altitude worker, Base Camp worker or Local worker is not satisfactory, the leader of the mountaineering team may, after consulting the Liaison Officer, remove such person from work.

(Added by the First Amendment.)
(1A) If a person is removed from work before the completion of mountaineering activities under Sub-section (1), such person shall return to the mountaineering team the items of facilities received, except for clothes, shoes, etc. that have been used on his/her body.

(2) The mountaineering team concerned shall bear the expenses for the person removed under Sub-section (1) to return to the place from where he/she was hired. 24. Medical Examination Required: (1) Before departing for mountaineering, the mountaineering team must cause the medical examination of its team members, Liaison Officer, Sirdar, Mountain Guide, High Altitude workers, Base Camp workers and Local workers.

(2) A person whose health is not found to be in satisfactory condition upon medical examination under Sub-section (1) shall not be taken along. 25. Personal Accident Insurance to be Obtained: (1) The mountaineering team shall, at its own expense, obtain personal accident insurance for the prescribed amount with a prescribed insurer for the Liaison Officer, Sirdar, Mountain Guide, Base Camp workers and High Altitude workers before engaging them in work.
Tourism Act, 1978

25. Personal Accident Insurance to be Obtained: (1) The mountaineering team shall, at its own expense, obtain personal accident insurance for the prescribed amount with a prescribed insurer for the Liaison Officer, Sirdar, Mountain Guide, Base Camp workers and High Altitude workers before engaging them in work. Provided that obtaining personal accident insurance for Local workers shall not be mandatory.

(2) If a person required to be insured under Sub-section (1) is taken on the way, or if such person dies or is injured in an accident while engaged in work before insurance could be obtained for any reason, the mountaineering team concerned shall pay as compensation to such person or his/her representative the amount equivalent to whatever amount he/she would have received had personal accident insurance been obtained.

(3) If a Local worker dies or is injured in an accident while engaged in work and no personal accident insurance has been obtained for him/her, the mountaineering team concerned shall pay compensation to him/her or his/her representative under Sub-section (2). Explanation: For the purposes of this Chapter,
(a) "Accident" includes diseases arising from snow or altitude.
(b) "While engaged in work" means from the date and place of agreement, contract or appointment for engagement in work until the date of completion of work and return to the same place. 26. Appointment of Representative: (1) The mountaineering team shall appoint its representative to handle matters that may arise in Kathmandu during the period it is engaged in mountaineering and shall inform the Government of Nepal thereof.

(2) While appointing a representative under Sub-section (1), a foreign or joint mountaineering team, other than a Nepali mountaineering team, must appoint a trekking agency licensed under this Act or an institution that makes mountaineering arrangements (Added by the First Amendment.).

(Added by the First Amendment.)
(3) The duties of a representative appointed under Sub-section (1) shall be as prescribed. 27. Bringing of Mountaineering Equipment and Other Goods: (1) A mountaineering team that has obtained permission under Section 17 shall bring into Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) only the necessary quantity of equipment and other goods related to its expedition, after obtaining prior approval from the Government of Nepal.

(2) If a mountaineering team brings any equipment or other goods by concealing them without informing the Government of Nepal, the Government of Nepal may confiscate such equipment or goods. 28.
Tourism Act, 1978

28. Submission of Mountaineering Reports: (1) The leader of the mountaineering team, or a member acting on his/her behalf, shall send periodic reports during the mountaineering period through the Liaison Officer (Added by the First Amendment.) or, if there is no Liaison Officer, directly as prescribed.

(2) After the completion of its mountaineering activities, the leader of the mountaineering team shall submit a report to the Government of Nepal within the prescribed period and as prescribed. 29. Emergency Rescue Operations: (1) If emergency rescue is required for the Liaison Officer, Sirdar, Mountain Guide (Amended by the First Amendment.), High Altitude worker, Base Camp worker, Local worker or mountaineer accompanying the mountaineering team, rescue operations may be carried out through the representative under Section 26 or through any institution that has come forward for rescue operations.

(2) The mountaineering team concerned shall bear all expenses incurred in carrying out rescue operations under Sub-section (1).

(Added by the First Amendment.)
29A. Information to be Given: (1) If any member of the mountaineering team, Liaison Officer, Sirdar, Mountain Guide, High Altitude worker, Base Camp worker or Local worker meets with an accident, or dies or goes missing due to an accident or any other cause in the course of mountaineering, a report with full details thereof shall be submitted to the Government of Nepal by the Liaison Officer accompanying the mountaineering team or by the leader or any member of the mountaineering team.

(2) On the basis of a report received under Sub-section (1), the Government of Nepal may formally inform the concerned person or body that a person is dead or missing. 30. Keeping the Environment Clean: (1) A mountaineering team must comply with the prescribed conditions to prevent environmental pollution while mountaineering.

(2) If any loss or damage is caused to any person's life or body or to any government or non-government property due to non-compliance with the prescribed conditions under Sub-section (1), the mountaineering team concerned shall pay compensation as determined by the Government of Nepal, and if such team does not pay, the recommending institution shall pay.

(Added by the Second Amendment.)
30A.
Tourism Act, 1978

Deposit Amount for Waste Management: (1) The Government of Nepal may take a deposit amount as prescribed for waste management from mountaineering teams going to climb mountain peaks as prescribed.

(2) After the mountaineering team concerned completes its climbing activities and brings back the prescribed items taken with it and delivers them to the place prescribed by the Government of Nepal, the deposit amount kept under Sub-section (1) shall be refunded to the mountaineering team concerned as prescribed.

(3) If the mountaineering team concerned does not deliver the prescribed items under Sub-section (2) to the prescribed place, the deposit amount kept under Sub-section (1) by such mountaineering team shall be forfeited and arrangements shall be made to deliver such items to the relevant place. 31. Publication of Mountaineering News: A mountaineering team shall not publish any news relating to mountaineering elsewhere without informing the Government of Nepal while the mountaineering is ongoing. 32. Liability and Responsibility of the Mountaineering Team Leader: (1) The primary responsibility for ensuring compliance with this Act, the Rules framed under this Act and the conditions specified in the mountaineering permission shall lie with the leader of the mountaineering team.

(2) Other duties of the leader of the mountaineering team, besides those mentioned in Sub-section (1), shall be as prescribed. 33. Permission may be Cancelled or Prohibited: (1) If the leader or any member of the mountaineering team violates any provision of this Act, the Rules framed under this Act or any condition specified in the mountaineering permission, the Government of Nepal may, at any time, cancel the permission granted under this Act.

(2) If the mountaineering permission issued under this Act needs to be cancelled due to any special circumstances, the Government of Nepal may cancel such permission at any time, with or without stating reasons. 34. Abandonment of Mountaineering: A mountaineering team may abandon its mountaineering expedition at any time. 35. Circumstances Where Royalty Amount is Not Refundable: If the permission is cancelled under Sub-section (1) of Section 33 or if the expedition is abandoned under Section 34, the royalty amount paid by such mountaineering team shall not be refunded. 36. Concessions may be Granted to Mountaineering Teams: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may grant concessions or facilities as prescribed to a Nepali mountaineering team or a prescribed mountaineering team, or to a foreign mountaineering team that includes Nepali citizens as members. 37.
Tourism Act, 1978

Power to Form Committee: For the purpose of providing advice and suggestions to the Government of Nepal on tourism development work, the Government of Nepal may form a Tourism Development Committee consisting of governmental and non-governmental persons.

५५. नेपाल सरकारले चलाएको पर्यटन सम्बन्धी कारोबारमा यो ऐन लागू नहुने : नेपाल सरकारले चलाएको कुनै ट्राभल वा ट्रेकिङ एजेन्सी, होटल वा पहिलो संशोधनद्वारा थप । दफा ४५क. बमोजिमको पर्यटन व्यवसाय नेपाल सरकारले नियुक्त गरेको पथ प्रदर्शकको सम्बन्धमा यो ऐनको कुनै वा सबै व्यवस्था लागू नहुने गरी नेपाल सरकारले आदेश जारी गर्न सक्नेछ । 55. Non-application of this Act to tourism-related transactions operated by the Government of Nepal: The Government of Nepal may issue an order to the effect that any or all provisions of this Act shall not apply to any Travel or Trekking Agency, Hotel, or Added by the first amendment. tourism business under Section 45A., operated by the Government of Nepal, or in relation to a guide appointed by the Government of Nepal.

५६. नियम बनाउने अधिकार : यो ऐनको उद्देश्य कार्यान्वयन गर्न नेपाल सरकारले नियमहरू बनाउन सक्नेछ । 56. Power to Make Rules: The Government of Nepal may make rules to implement the objectives of this Act.

५७. खारेजी र बचाउ : (१) पर्यटन उद्योग ऐन, २०२१ खारेज गरिएको छ । (२) पर्यटन उद्योग ऐन, २०२१ अन्तर्गत ट्राभल एजेन्सी तथा पथ प्रदर्शकले पाएको इजाजतपत्र यसै ऐन बमोजिम पाएको मानिनेछ । (३) पर्यटन उद्योग ऐन, २०२१ अन्तर्गत पर्यटक स्तरको होटल भनी दर्ता भएको होटल यसै ऐन अन्तर्गत दर्ता भएको मानिनेछ । 57. Repeal and Saving: (1) The Tourism Industry Act, 2021 is hereby repealed.

(2) A license obtained by a Travel Agency and a Guide under the Tourism Industry Act, 2021 shall be deemed to have been obtained under this Act.

(3) A hotel registered as a tourist class hotel under the Tourism Industry Act, 2021 shall be deemed to be registered under this Act.
Narcotic Drugs (Control) Act, 1976

Narcotic Drugs (Control) Act, 2033

Royal Seal and Publication Date
2033.6.10

Amending Acts

1. Narcotic Drugs (Control) (First Amendment) Act, 2043 2043.7.24
2. Narcotic Drugs (Control) (Second Amendment) Act, 2044 2044.6.9
3. Administration of Justice Act, 2048 2048.2.16
4. Act to Amend Some Nepal Acts, 2048 2049.1.8
5. Narcotic Drugs (Control) (Third Amendment) Act, 2049 2050.2.32
6. Act to Amend Some Nepal Acts, 2055 2055.1.7

Verification and Publication Date

7. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7
8. Act to Amend Some Nepal Acts, 2072 2072.11.13

Act No. 24 of the year 2033



An Act Made to Control Narcotic Drugs

Preamble: Whereas, it is desirable to control the cultivation, production, manufacture, purchase-sale, storage, transportation, consumption, and import-export, etc., of narcotic drugs in order to maintain the morality, health, convenience, and economic interest of the general public;

Now, therefore, this Act is made by His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat. Chapter 1
Preliminary

1. Short Title, Extent, and Commencement: (1) This Act may be called the "Narcotic Drugs (Control) Act, 2033".

(2) Its extent shall be throughout Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force immediately. 2. Extraterritorial Application of the Act: (1) This Act shall also apply to any Nepali citizen or foreigner who, in contravention of this Act or the rules or orders made under this Act, exports or imports any narcotic drug from Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or into Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and resides abroad engaging in trade.

(2) A person undertaking actions pursuant to sub-section (1) shall be dealt with and punished under this Act as if such person had undertaken such actions within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. 3.
Narcotic Drugs (Control) Act, 1976

3. Definitions: In this Act, unless the subject or context otherwise requires:-
(a) "Narcotic Drug" means:-
 (1) Cannabis,
 (2) Medicinal cannabis,
 (3) Opium,
 (4) Prepared opium,
 (5) Medicinal opium,
 (6) Coca shrub and leaves, and
 Inserted by the Third Amendment.(6a) Any substance prepared by mixing the essence, extract, or salts of opium and coca.
 (7) Any natural or synthetic narcotic drugs and psychotropic substances specified by the Government of Nepal from time to time by publishing a notice in the Nepal Gazette, including their salts and other substances.

(b) "Cannabis" means the following substances:-
 (1) Leaves and flowers of any plant of the cannabis genus, including bhang and siddhi,
 (2) Charas and natural resin, gum, and juice obtained from the cannabis plant,
 (3) Concentrate, extract, essence, mixture, and beverage containing any of the substances mentioned above.

(c) "Medicinal Cannabis" means the extract or essence of cannabis.

(d) "Opium" means the coagulated juice of the opium poppy.

(e) "Prepared Opium" means opium prepared for consumption and also includes the dross of opium after it has been smoked.

(f) "Medicinal Opium" means opium in any form prepared by any method for medicinal purposes.

(g) "Coca Shrub and Leaves" means the shrub and leaves of any species of the genus Erythroxylum, as defined in the Single Convention on Narcotic Drugs, 1961.

(h) "Preparation" means a solid or liquid mixture prepared in dosage form containing one or more narcotic drugs.

(i) "Production" means extracting cannabis, bhang, siddhi, or charas from the cannabis plant and extracting leaves from the coca shrub.

(j) "Manufacture" means all methods of obtaining narcotic drugs other than the act of production, and this term also includes the method of processing a narcotic drug, converting one narcotic drug into another, or preparing a narcotic drug except for medicinal purposes. Inserted by the Third Amendment.(j1) "Controlled Delivery" means the technique of allowing consignments of narcotic drugs sent by any person from Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or through Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to other countries to pass out of, or through, the territory of Nepal under the direct supervision of a drug investigation officer, in the same condition or by replacing the narcotic drug with another similar substance inside the narcotic drug's package, for the purpose of identifying the final destination of such narcotic drugs and the person receiving them. Inserted by the Third Amendment.(j2) "Investigation Officer" means an employee up to the rank of Police Assistant Inspector or Khardar designated by the chief of the narcotic drug control law enforcement agency in the course of narcotic drug control investigation.
Narcotic Drugs (Control) Act, 1976

Inserted by the Third Amendment.(j2) "Investigation Officer" means an employee up to the rank of Police Assistant Inspector or Khardar designated by the chief of the narcotic drug control law enforcement agency in the course of narcotic drug control investigation. Inserted by the Third Amendment.(j3) "Medical Centre" means a medical centre approved by the Government of Nepal for the treatment and rehabilitation of drug addicts. Inserted by the Third Amendment.(j4) "Addiction" means the act of consuming narcotic drugs in an amount or quantity exceeding the dosage and quantity recommended by a licensed physician or without such recommendation.

(t) "Drug Control Officer" means an officer appointed Inserted by the First Amendment. or designated by the Government of Nepal pursuant to Section 21.

(th) "Prescribed" or "As prescribed" means prescribed by or as prescribed in the rules made or orders issued under this Act. Chapter 2
Prohibition and Control

4. Prohibited Acts: No person shall perform the following acts:-
Amended by the Second Amendment.(a) To cultivate, produce, prepare, purchase, sell or distribute, export or import, transport, store, or consume cannabis,
Amended by the First Amendment.(b) To cultivate opium or coca, or to produce opium, coca leaves, or other narcotic drugs,
(c) To manufacture or prepare narcotic drugs,
(d) To sell or distribute narcotic drugs,
(e) To export or import narcotic drugs, and
Amended by the First Amendment.(f) To purchase, store, keep, or transport narcotic drugs, and
Inserted by the First Amendment.(g) To consume narcotic drugs other than cannabis,

Provided that,
(1) The Government of Nepal may make rules to provide for the production of charas from naturally growing wild cannabis plants in the western hilly region of Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for a prescribed period, the collection, keeping, purchase, and sale of such charas; and if a person obtains a license accordingly and performs any act, it shall not be deemed an offence under this section. Inserted by the Third Amendment.(1a) Chemical substances used in the preparation of narcotic drugs, as defined in the Single Convention on Narcotic Drugs, 1961, may only be imported-exported, transported, stored, sold-distributed, and used in a prescribed proportion with the permission of the Chief Drug Control Officer.
(2) The manner, format, and conditions of the license to be granted under the proviso (1), the officer authorized to grant such license, the fees leviable therefor, and other controls and arrangements over the work done under the license shall be as prescribed. Inserted by the First Amendment.Explanation: For the purposes of clauses (b), (c), (d), (e), and (f) of this section, "Narcotic Drug" shall not mean cannabis. 5.
Narcotic Drugs (Control) Act, 1976

Inserted by the First Amendment.Explanation: For the purposes of clauses (b), (c), (d), (e), and (f) of this section, "Narcotic Drug" shall not mean cannabis. 5. Prohibition Not Applicable: Notwithstanding anything contained elsewhere in this Act, the following persons shall not be deemed prohibited from consuming narcotic drugs in the following circumstances:-
(a) Any person purchasing and consuming narcotic drugs from a licensed shop in the dosage recommended by a licensed physician for medical treatment,
(b) Persons of a prescribed class consuming narcotic drugs in a prescribed quantity. Inserted by the First Amendment.5a. Must be Mentioned in the Physician's Prescription: If a person comes to purchase a narcotic drug with a licensed physician's prescription, the licensed shop shall, after selling the narcotic drug to such person according to the physician's prescription, indicate the sale on the physician's prescription. Inserted by the Second Amendment.5b. Duty of the Physician: When a physician must recommend a narcotic drug for a person, the physician shall not recommend a narcotic drug to a person who does not require it, nor recommend a narcotic drug in a quantity exceeding the requirement even for a person who does require it. 6. Government of Nepal Not to be Hindered: Nothing contained in this Act shall be deemed to hinder the Government of Nepal, or any institution acting on behalf of the Government of Nepal with a special permit obtained from the Government of Nepal and under the full direction and control of the Government of Nepal, from cultivating, preparing, producing, manufacturing, or importing-exporting any narcotic drug, or selling narcotic drugs to anyone according to the recommendation of a licensed physician, for medicinal or scientific research purposes. 7. Authority to Issue Warrant: If there is reason to believe that a person has committed or is about to commit an offence punishable under this Act, the Drug Control Officer may issue a warrant for the arrest and search of such person. If the Drug Control Officer believes that any person related to such offence is hiding or any narcotic drug is kept in any house, land, vehicle, or other place, the Officer may issue an order to search such house, land, vehicle, or place. 8.
Narcotic Drugs (Control) Act, 1976

If the Drug Control Officer believes that any person related to such offence is hiding or any narcotic drug is kept in any house, land, vehicle, or other place, the Officer may issue an order to search such house, land, vehicle, or place. 8. Power to Enter, Search, Seize, and Arrest Without Warrant: (1) If any offence under this Act is occurring in any house, land, vehicle, or place, and there is a likelihood that the offender might escape or evidence of the offence might disappear if action is not taken immediately, the Drug Control Officer Inserted by the Third Amendment. or a police employee of at least the rank of Police Assistant Inspector may, at any time, make a record of the fact and do the following acts:-
 (a) Enter such house, land, vehicle, or any other place,
 (b) If there is any obstruction or opposition while entering as above, break open the door to enter or take necessary action to remove such obstruction or opposition,
 (c) Seize the narcotic drugs and other items related to the offence and any documents that may serve as evidence, and
 (d) Stop, search, and if deemed necessary, also arrest any person suspected of having committed the offence.

(2) While entering or searching any house, land, vehicle, or any other place pursuant to sub-section (1), it shall be done in the presence of a member of the concerned Amended by the Act to Amend Some Nepal Acts, 2048. Municipality or Amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipality, or a respectable person of that locality, or an employee of another government office, acting as a witness. Inserted by the Third Amendment.Provided, if there is a valid reason that such persons are not available despite attempting to prepare the inventory in the presence of a member of the Municipality or Amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipality or Ward Committee, or a respectable person of that locality, or an employee of another government office, the inventory may be prepared in the presence of at least two drug investigation officers or at least two employees up to the rank of Police Assistant Inspector. Inserted by the Third Amendment.8a.
Narcotic Drugs (Control) Act, 1976

Inserted by the Third Amendment.8a. Power to Demand Details of Financial Transactions: (1) Notwithstanding anything contained in the prevailing law, if there is a credible basis that any person, association, organization, firm, company, or international organization is engaged in the illicit trafficking of narcotic drugs, the Drug Control Officer may demand details of accounts held in the name of such person, firm, association, organization, company, or international organization in any bank or financial institution.
(2) If the amount received as per sub-section (1) is found to be used in the illicit trafficking of narcotic drugs, the officer hearing the case may order the concerned bank or financial institution to freeze such amount. 9. Must Report Arrest and Seizure: If any person is arrested, or any person, house, land, vehicle, or other place is searched, or narcotic drugs or other items are seized under this Act, the Drug Control Officer shall send a report of such arrest, search, or seizure to the officer one level above within twenty-four hours of such arrest, search, or seizure. Inserted by the Third Amendment.9a. Confidentiality Must be Maintained: If the party filing the case requests that any document or the name of a person involved in a narcotic drug case be kept confidential, the officer hearing the case shall keep such document or the name of the person confidential for the period as requested. 10. Arrested Person and Seized Items Must be Produced Before the Officer Hearing the Case: The arrested person and seized items taken by the Drug Control Officer under this Act shall be produced and submitted before the officer hearing the case within twenty-four hours of the arrest or seizure, excluding travel time. Inserted by the Third Amendment.10a. Power to Tape or Censor Anything: In the course of a narcotic drug investigation, if ordered by the officer investigating or hearing the case, the Drug Control Officer may tape, copy, or photograph electronic technologies such as telephone, telex, fax, etc., of any person related to narcotic drugs, and may censor any letters, parcels, documents, or any other mail items received by post. Amended by the Second Amendment.11. Drug Control Officer May Order Destruction of Narcotic Drugs: The Drug Control Officer may order the destruction of the following narcotic drugs:-
(a) Cannabis, opium, and coca being cultivated on any land in contravention of this Act,
(b) Naturally grown cannabis, opium, and coca, except in areas exempted under Section 4,
(c) Any narcotic drugs found in an unclaimed state, and
(d) Narcotic drugs related to an offence under this Act where the case cannot be filed in court. Amended by the Third Amendment.11a.
Narcotic Drugs (Control) Act, 1976

Amended by the Third Amendment.11a. Narcotic Drugs Must be Destroyed After Extension of Time Limit in Court in Cases Related to Narcotic Drugs: After narcotic drugs are recovered from any person, the Drug Control Officer shall take a sample of up to a maximum of three grams from each package of the narcotic drug in the presence of a Police Assistant Inspector and an employee assigned by the officer hearing the case, and send it for testing. To determine the nature of the narcotic drug, the investigation officer for the narcotic drug case shall retain a sample of such narcotic drug as a specimen. After such case is presented in court for an extension of the time limit, the court shall, within fifteen days of the case being presented in court for the extension, retain a sample of up to a maximum of three grams from each package and destroy the remaining narcotic drug in the presence of a representative of the concerned District Court, a representative of the local District Administration Office, and a representative of the local Municipality or Amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipality. Amended by the Third Amendment.11b. A Record of Destroyed Narcotic Drugs Must be Kept: When destroying narcotic drugs pursuant to Sections 11 and 11a, the concerned officer shall keep a record related to the type and quantity of the narcotic drug. Inserted by the Second Amendment.11c. Government of Nepal May Make Narcotic Drugs Available for Medicine: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may, if deemed appropriate, make cannabis and opium from among the confiscated or seized narcotic drugs under this Act available in the required quantity to any medicine manufacturing body for the purpose of making medicine. Inserted by the Third Amendment.11d. May be Submitted as Evidence: (1) Any kind of documents collected abroad in the course of a narcotic drug investigation may be submitted as evidence before the officer hearing the case.
(2) In the course of a narcotic drug investigation, the investigation officer may submit video tapes, cassette tapes, and any other kind of photographs as evidence before the officer hearing the case. 12.
Narcotic Drugs (Control) Act, 1976

12. Burden of Proof: If any narcotic drug is found in the possession of any person, or evidence is found that cannabis, opium, or coca is being or has been cultivated on land cultivated by that person, or any substance on which some process required for the manufacture or production of a narcotic drug has been completed is found, or any residue remaining after the production of a narcotic drug from a substance is found kept in the possession of that person, that person shall have to prove that such substance was obtained or kept in accordance with this Act and the rules or orders made under this Act. If such proof cannot be submitted and unless otherwise proven, that person shall be deemed to have committed an offence punishable under this Act. 13. Repealed by the Second Amendment

Chapter 3
Penalties

Amended by the Third Amendment.14. Penalties: (1) Amended by the Act to Amend Some Nepal Acts, 2075.A person performing acts prohibited under Section 4 shall be liable to the following penalties according to the gravity of the offence:-
 (a) For a person consuming cannabis: imprisonment for up to one month or a fine of up to two thousand rupees.
Narcotic Drugs (Control) Act, 1976

Provided, if a person or institution gives an undertaking to take responsibility for such a person by providing treatment at a medical centre for up to one month, and submits a report every fifteen days from that medical centre confirming that treatment is ongoing, the officer hearing the case may not punish such a person.
 (b) For a person cultivating up to twenty-five cannabis plants: imprisonment for up to three months or a fine of up to three thousand rupees.
 (c) For a person cultivating more than twenty-five cannabis plants: imprisonment for up to three years or a fine ranging from five thousand rupees to twenty-five thousand rupees.
 (d) For a person producing, preparing, purchasing, selling or distributing, exporting or importing, transporting, or storing cannabis:-
 (1) If the quantity is up to fifty grams: imprisonment for up to three months or a fine of up to three thousand rupees.
 (2) If the quantity is from fifty grams to five hundred grams: imprisonment from one month to one year and a fine from one thousand rupees to five thousand rupees.
 (3) If the quantity is from five hundred grams to two kilograms: imprisonment from six months to two years and a fine from two thousand rupees to ten thousand rupees.
 (4) If the quantity is from two kilograms to ten kilograms: imprisonment from one year to three years and a fine from five thousand rupees to twenty-five thousand rupees.
 (5) If the quantity is from ten kilograms upwards, whatever the amount: imprisonment from two years to ten years and a fine from fifteen thousand rupees to one hundred thousand rupees.
 (e) For a person consuming opium, coca, or narcotic drugs made therefrom: imprisonment for up to one year or a fine of up to ten thousand rupees.
Narcotic Drugs (Control) Act, 1976

Provided, if a person or institution gives an undertaking to take responsibility for such a person by providing treatment at a medical centre for up to three months, and submits information every fifteen days from that medical centre confirming that treatment is being provided, the officer hearing the case may not punish such a person.
 (f) For a person cultivating opium or coca:-
 (1) If up to twenty-five plants: imprisonment from one year to three years and a fine from five thousand rupees to twenty-five thousand rupees.
 (2) If more than twenty-five plants, whatever the number: imprisonment from three years to ten years and a fine from twenty-five thousand rupees to two hundred thousand rupees.
 (g) For a person performing other prohibited acts, excluding the acts of consumption and cultivation, related to opium, coca, or narcotic drugs made therefrom:-
 (1) For trafficking up to twenty-five grams: imprisonment from five years to ten years and a fine from five thousand rupees to twenty-five thousand rupees.
 (2) For trafficking from twenty-five grams to one hundred grams: imprisonment from ten years to fifteen years and a fine from seventy-five thousand rupees to two hundred thousand rupees.
 (3) For trafficking from one hundred grams upwards, whatever the quantity: imprisonment from fifteen years to life and a fine from five hundred thousand rupees to two million five hundred thousand rupees.
 (h) For a person who abuses natural or synthetic narcotic drugs or psychotropic substances specified by the Government of Nepal from time to time by publishing a notice in the Nepal Gazette, including their salts and other substances: imprisonment for up to two months or a fine of up to two thousand rupees or both. Provided, if any person or institution gives an undertaking to take responsibility for such an addict by providing treatment at a medical centre for up to three months, and the officer hearing the case directs that information confirming treatment is being provided from that medical centre be submitted every fifteen days, such officer may not punish such a person.
 (i) For a person performing other prohibited acts other than those mentioned in clause (h) above: imprisonment from two years to ten years and a fine from one hundred thousand rupees to two million rupees.
Narcotic Drugs (Control) Act, 1976

Explanation: For the purpose of this section, "gravity of the offence" means the gravity of the offence determined based on the nature and quantity of the narcotic drug, the purpose of storage, purchase-sale, transport, or import-export, the gang or organization of the accused, the use of weapons or force by the accused, involvement in causing a minor to commit a criminal act, trafficking conducted through institutions such as educational, social, and cultural organizations, trafficking conducted by a person holding a public position by misusing such position.

(2) Amended by the Second Amendment.A person acting in contravention of Sections 5a and 5b shall be liable to imprisonment for up to one month or a fine of up to one thousand rupees or both. 15. Punishment for Allowing Prohibited Acts in Own House, Land, or Vehicle: If the owner of any house, land, or vehicle, or a person enjoying the usufruct thereof, knowingly allows any act prohibited under Section 4 to be performed in such house, land, or vehicle, such person shall be liable to imprisonment from six months to five years or a fine of up to ten thousand rupees. If the owner of the house, land, or vehicle has themselves committed the offence or allowed the offence to be committed, such house, land, or vehicle may also be confiscated. 16. Additional Punishment for Repeat Offenders: If a person who has already been punished once under this Act commits an offence again under this Act, such person shall, in addition to the penalty prescribed for each such subsequent offence, be liable to imprisonment for up to an additional five years and a fine of up to one hundred thousand rupees. 17. Punishment for Conspiracy, Attempt, Incitement, and Being an Accomplice: A person who conspires or attempts to commit an offence punishable under this Act, incites others to commit such an offence, or is an accomplice in committing such an offence, shall be liable to half of the punishment prescribed for committing that offence itself. Inserted by the Third Amendment.17a. Punishment for Trafficking Other Substances by Impersonating them as Narcotic Drugs: A person or gang who, by making someone believe that any other substance, other than a narcotic drug, is a narcotic drug, performs acts such as trafficking, selling, distributing, exporting-importing, storing, producing, etc., of such substance shall be liable to half of the punishment prescribed for committing that offence. Inserted by the Third Amendment.17b.
Narcotic Drugs (Control) Act, 1976

Inserted by the Third Amendment.17b. Punishment for Not Providing Details or Documents Related to Narcotic Drugs: If any person, association, organization, or institution fails to provide any details or documents demanded by the Drug Control Officer or Investigation Officer in the course of obtaining details of narcotic drugs, such person, association, organization, or institution shall be liable to half of the punishment prescribed for committing that offence. 18. Confiscation of Property Related to the Offender: All narcotic drugs related to an offender punishable under this Act, and all goods and equipment used to manufacture or produce such narcotic drugs, shall be confiscated, and any vehicle whatsoever, excluding trains and aircraft used for transporting such narcotic drugs, shall also be confiscated. Provided, such vehicle shall not be confiscated if the owner proves that the owner was not aware that the vehicle was being or would be used for committing such an offence. Inserted by the Second Amendment.18a. Confiscation of Property: (1) All movable and immovable property acquired by performing any act prohibited under clauses (b), (c), (d), (e), and (f) of Section 4 shall be confiscated.
(2) In a case related to an offence under clauses (b), (c), (d), (e), and (f) of Section 4, if a person convicted of the offence possesses financial means or property disproportionate to the source of known income of that person or that person's family, such property of that person shall be deemed to have been acquired through acts contrary to this Act and shall be confiscated as well, even if such property is held in the name of that person's family or anyone else, unless that person can prove otherwise. Inserted by the Third Amendment.(3) If there is a reasonable cause to believe that a person has committed an offence that may result in the confiscation of property under sub-sections (1) and (2), the officer hearing the case, upon a written request from the Drug Control Officer to freeze such person's property, may freeze such property. Amended by the Third Amendment.18b. Reward to be Given to the Informant: A person who provides information to the Drug Control Officer regarding the trafficking or use of narcotic drugs, if the information leads to the conviction and punishment of the accused, shall be given an amount equal to twenty percent of any fine imposed as such punishment as a reward. The name of the person receiving such reward shall be kept confidential. Inserted by the Third Amendment.18c.
Narcotic Drugs (Control) Act, 1976

The name of the person receiving such reward shall be kept confidential. Inserted by the Third Amendment.18c. Exemption from Punishment: Notwithstanding anything contained in the prevailing law, if a person, even if involved in an offence, provides information and leads regarding a gang or any other gang involved in any narcotic drug trafficking punishable under this Act, thereby helping to identify and arrest the main offender, and if the request is made in the charge sheet for full or partial exemption from punishment under this Act, the officer hearing the case may also grant exemption from punishment accordingly. Inserted by the Third Amendment.18d. Reward to be Given to Employees: After a person is sentenced to punishment and fine by the officer hearing the case for narcotic drug trafficking, the Government of Nepal may give an amount equal to twenty percent of such fine as a reward to the employees involved in narcotic drug control and investigation work. Inserted by the Third Amendment.18e. Providing Some Amount of Fine to Medical Centres: If a person is sentenced to punishment and fine for narcotic drug trafficking, twenty percent of such fine shall be provided to treatment centres. If there is more than one such medical centre, the Chief Drug Control Officer shall determine the distribution of the amount of such fine. 19. Authority Not to Prosecute or Grant Remission of Sentence: Except where the act involves a commercial purpose or a large quantity, if a person is found to have purchased, kept, or consumed only a small quantity of Amended by the First Amendment. cannabis and medicinal opium for personal use, if it is a first offence, the Drug Control Officer may keep a record of such person, obtain an undertaking not to repeat such offence, prepare a note not to prosecute, and release the person; and even if a case has been filed, if the court adjudges it a minor offence under this section, the court may keep a record of such person, obtain an undertaking not to repeat such offence, and release such person for the first time without any punishment. Inserted by the Second Amendment.19a.