chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Organized Crime Prevention Act, 2014

9. Punishment: A person committing the following offenses shall be punished as follows:-

(a) A person committing an offense under clauses (a) or (b) of subsection (3) of Section 3 and subsection (4) thereof, in addition to the punishment provided under the prevailing law, an additional fifty percent punishment:

Provided that there shall be no additional punishment for an offender liable to life imprisonment or a greater punishment.

(b) A person committing an offense under subsection (4) of Section 3, if no punishment provision exists in the prevailing law, imprisonment for a term up to five years or a fine up to five hundred thousand rupees or both,

(c) A person committing an offense under Section 5, imprisonment for a term up to five years and a fine up to fifty thousand rupees,

(d) A person committing an offense under Section 6, imprisonment for a term up to three years and a fine up to two hundred thousand rupees,

(e) A person committing an offense under Section 7 shall be punished as follows:-

(1) If any person has died from such offense, the principal person committing, causing, or conspiring to commit such offense, and the person ordering such offense, shall be liable to life imprisonment,

(2) If such offense has been committed but no person has died, the principal person committing, causing, or conspiring to commit such offense, and the person ordering such offense, shall be liable to life imprisonment,

(3) A person who attempts, abets, compels the commission of the offense of destructive acts, or assembles more than one person or forms a group to commit or cause the commission of such offense, or makes arrangements for doing such act, or participates in any way in such act, or produces or distributes or keeps or transports or imports or exports or in any way takes or gives or propagates or causes to be propagated weapons, bombs, explosives, or poisonous substances with the intention of committing such act, shall be liable to imprisonment from three years to ten years depending on the gravity of the offense,

(4) An accessory to the offense of destructive acts shall be liable to half the punishment prescribed for the person committing the organized crime.

(f) A person committing an offense under Section 8 shall be punished as follows:-

(1) If, with the intention of taking criminal advantage, a person threatens to kill, disable, or cause grievous hurt to another, imprisonment for a term up to seven years and a fine up to seventy thousand rupees,

(2) If criminal advantage has been taken by threatening to cause unlawful harm to anyone's business or to falsely impute the character of another, imprisonment for a term up to four years and a fine up to forty thousand rupees,

(3) In cases other than those mentioned in sub-clauses (1) or (2), if criminal advantage has been taken, imprisonment for a term up to one year and a fine up to ten thousand rupees.
Organized Crime Prevention Act, 2014

10. Compensation to be recovered: (1) If any government, public, or private property is damaged by committing an offense under this Act, compensation shall be recovered from the person committing or causing the commission of such offense.

(2) For the purpose of subsection (1), while adjudicating the case, the court shall also determine the amount of compensation to be recovered under subsection (1).

(3) While determining compensation under subsection (2), the actual loss or damage caused to the property shall be the basis.

(4) The compensation determined under subsection (2) shall be paid by the offender, and if not paid, it shall be recovered by auctioning the property falling to his share.

(5) If recovery is not possible under subsection (4), imprisonment shall be imposed for the term allowed under the prevailing law on account of the fine. Chapter-4
Provisions Relating to Investigation and Prosecution

11. Officer to investigate: Notwithstanding anything contained in the prevailing law, the investigation of organized crime, other than amended by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.corruption and money laundering, shall be conducted by a police employee of at least the rank of Officer. 12. Special investigation team may be formed: (1) Notwithstanding anything contained in Section 11, if it appears appropriate to form an investigation team including experts of the relevant subject matter for the investigation of organized crime, the Government of Nepal may, in consultation with the Attorney General and the Inspector General of Police, form such team.

(2) The investigation team formed pursuant to subsection (1) shall have the powers vested in the Investigation Officer under this Act or the prevailing law.

(3) After completing the investigation, the investigation team pursuant to subsection (1) shall submit the investigation report to the Investigation Officer.

(4) On the basis of the report submitted pursuant to subsection (3), the Investigation Officer shall conduct the investigation of the case and take action. 13. Special investigation methods may be adopted: (1) Notwithstanding anything contained in the prevailing law, while investigating organized crime, the controlled delivery technique, undercover investigation, and other appropriate investigation methods may be adopted as required.
Organized Crime Prevention Act, 2014

13. Special investigation methods may be adopted: (1) Notwithstanding anything contained in the prevailing law, while investigating organized crime, the controlled delivery technique, undercover investigation, and other appropriate investigation methods may be adopted as required. Explanation: For the purpose of this Section, "controlled delivery technique" means the technique of using or transporting or moving an illegal object from one place to another under the knowledge or direct supervision of the Investigation Officer, maintaining records in the office of the Investigation Officer, with the objective of investigating organized crime or identifying persons involved in organized crime.

(2) For the investigation of organized crime, the Investigation Officer may use an informant as required.

(3) The details of the informant under subsection (2) shall be kept confidential as prescribed. 14. Period of detention: Notwithstanding anything contained in the prevailing law, for the investigation of organized crime, a person accused of such crime may be detained, with the permission of the court, repeatedly up to a total of sixty days, based on the progress of the investigation. 15. Property may be attached: (1) If there are reasonable grounds to believe that a person accused of committing organized crime may transfer, sell, distribute, hide, or alter by any means the property obtained from such crime, the Investigation Officer may submit a petition to the court to order the concerned body or institution to prohibit the transfer, mortgage, pledge, sale, or distribution of such property.

(2) Upon receipt of a petition under subsection (1), the court may order the concerned body or institution to prohibit the transfer, mortgage, pledge, sale, or distribution of such property.

(3) After receiving an order under subsection (2), such body or institution shall immediately attach such property and inform the court and the Investigation Officer accordingly. 16. Details of transaction may be demanded or transaction or account may be frozen: (1) Notwithstanding anything contained in the prevailing law, if during the investigation of organized crime it appears that a person accused of such crime, or any family member of such person, or any person for whom there are reasonable grounds to believe that he is involved in such crime, has conducted any transaction or has an account in any bank or financial institution, the Investigation Officer may order to demand the details of such transaction or account, or with the permission of the court, to freeze such transaction or account.

(2) Upon an order under subsection (1), the concerned bank or financial institution shall provide the details and freeze the transaction or account as per the order. 17.
Organized Crime Prevention Act, 2014

17. Passport may be withheld: (1) During the course of investigation of organized crime, considering the gravity of the crime, the circumstances of its commission, the magnitude of the crime, and the punishment that may be imposed if the crime is proved, if it appears necessary not to issue a passport to the person accused of such crime, or to withhold such passport if already issued in his name, the Investigation Officer shall write to the concerned body not to issue a passport to such person, or to withhold the passport if already issued in his name.

(2) Upon receiving a letter under subsection (1), the concerned body shall not issue a passport in the name of such person, and if a passport has already been issued, shall withhold such passport. 18. Details of telephone or communication may be demanded: (1) If it is found that any person has used a computer, telephone, mobile phone, or any other type of telecommunication medium, or has exchanged any type of information through electronic or any other communication medium in the course of committing organized crime, the Investigation Officer may, with the permission of the Authorized Officer, order the concerned official, body, or service provider to provide the details or information relating to such computer, telephone, mobile phone, or telecommunication medium, or the telecommunication made therefrom.

(2) Upon an order under subsection (1), such official, body, or service provider shall provide the details or information relating to such telephone, mobile phone, or telecommunication medium, or the communication made therefrom. 19. Communication medium may be disabled: (1) Notwithstanding anything contained in the prevailing law, if there are reasonable grounds to believe that any person is using or is about to use a telephone, mobile phone, or any other type of telecommunication medium, or is exchanging any type of information through electronic or any other communication medium in the course of committing organized crime, the Investigation Officer may, with the permission of the Authorized Officer, order the concerned body, official, or service provider to disable such telephone, mobile phone, or communication medium, or to arrange for the phone or communication to be non-contactable.

(2) Upon an order under subsection (1), such official, body, or service provider shall disable such telephone, mobile phone, or communication, or arrange for the communication to be non-contactable. 20.
Organized Crime Prevention Act, 2014

20. To be sent to police office: amended by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(1) If a complaint regarding organized crime is lodged with any body other than a police office, such body shall, along with the complaint regarding corruption and money laundering and any evidence collected if any, immediately send it to the concerned police office.

(2) If, during an investigation conducted by a body or official authorized to investigate an offense punishable under the prevailing law, such offense appears to be organized crime, the complaint, the accused person, and the documents and collected evidence prepared in the course of the investigation shall be immediately sent to the concerned police office. Provided that, amended by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.the body or official investigating cases relating to corruption and money laundering under the prevailing law shall conduct the investigation of such cases themselves.

(3) Upon receipt of a complaint, accused person, documents, or evidence under subsection (1) or (2), the concerned police office shall investigate and take necessary action. 21. Discount in punishment claim may be given: (1) Notwithstanding anything contained in the prevailing law, if an accused charged with organized crime confesses his crime and assists the police, government attorney, or court in gathering evidence and arresting other accused persons or their gang or accomplices, and if he appears to have committed organized crime for the first time, a case shall be filed with a claim for a discount of up to seventy-five percent in the punishment to be imposed on him for such organized crime.

(2) Notwithstanding anything contained in subsection (1), if the assistance provided by him is not proved by other evidence, or if he makes a statement before the court contrary to the assistance provided to the police or government attorney, then notwithstanding anything contained in this Act or the prevailing law, a case shall be filed again against him.

(3) Notwithstanding anything contained in subsection (1), in the following circumstances, no discount in the punishment claim shall be given under this Section:-

(a) To give a discount in the punishment claim to the principal accused,

(b) Until the completion of three years after serving the imprisonment term in a case of organized crime,

(c) If he has already availed the benefit of a discount in punishment once. 22.
Organized Crime Prevention Act, 2014

26. Communication may be recorded immediately: (1) Notwithstanding anything contained in Section 25, if in the course of investigation of organized crime it is necessary to immediately record the communication of a person without which it cannot be done, in the following circumstances, upon the request of the Investigation Officer, or if necessary, a Police Officer of at least the rank of Additional Inspector General of Police may, by writing the reasons and maintaining a record thereof, order the Investigation Officer or other police personnel in writing to record the communication of any person:

(a) If there is an immediate possibility of death or serious bodily injury to someone,

(b) If the national security or interest of the country is about to be adversely affected, or

(c) If there is an immediate possibility of destruction or arson of government, public, or private structures or property.

(2) When issuing an order to immediately record communication under subsection (1), the order shall be given in such a manner that the recording is done only by the Investigation Officer himself, or by a Police Officer of at least the rank of Police Inspector under his direct instruction and supervision, or by the operator of such communication service.

(3) When issuing an order to immediately record communication under this Section, the concerned official shall be ordered to record in a manner that does not cause any hindrance to the concerned person, and the concerned communication service provider, or the owner or operator of such business, or other concerned person shall be ordered to provide necessary assistance to such official to intercept the information.

(4) The officer giving the order under subsection (1) shall submit the order so given to the Authorized Officer for approval within twelve hours of giving the order.

(5) If the Authorized Officer disapproves the order under subsection (4), he shall order the officer who gave the order to record communication, as well as the communication service provider, to immediately stop the communication record activity and to destroy all recorded communication on the same day as prescribed. 27. Record to be made without possibility of editing or alteration: (1) When recording any communication under this Chapter, such recording shall be made in a manner that it cannot be edited, tampered with, altered, or deleted.

(2) A person recording in a manner contrary to subsection (1) shall be deemed to have committed an offense under this Act as an accessory. 28.
Organized Crime Prevention Act, 2014

28. Details to be submitted: (1) The officer who has obtained permission or order to record communication under this Chapter shall submit the details of the recorded communication to the Authorized Officer, in the manner prescribed by him, every two months in the case of recording under Section 25, and every fifteen days in the case of recording under Section 26.

(2) The officer authorized to record communication under this Chapter shall submit such record to the Authorized Officer within fifteen days of the earlier of the date of completion of the communication recording activity or the expiry of the permission period.

(3) The record received under subsection (2) shall be sealed and kept safely by the Authorized Officer.

(4) The sealed record under subsection (3) shall be submitted at the time of filing the case in court, and shall be kept in the concerned court or police office as per the order of the court. 29. Review Committee: (1) There shall be a Review Committee as follows to review the communication recording activities:-

(a) Secretary, Ministry of Home Affairs - Chairperson
(b) Joint Secretary, amended by the Act Amending Some Nepal Acts, 2072.Ministry of Law, Justice and Parliamentary Affairs - Member
(c) Joint Secretary, Ministry of Information and Communications - Member

(2) The officer granting permission under Section 25 to record communication, or issuing an order under Section 19 to disable a telephone, mobile phone, or any other communication medium or to arrange for the phone or communication medium to be non-contactable, or issuing an order under Section 26, shall submit the details along with documents relating to such permission or order to the Review Committee on the same day as far as possible, or by the next day if not possible.

(3) The Review Committee under subsection (1) shall review the permission or order so given within three days of receiving the details under subsection (2).

(4) Upon review under subsection (3), if such permission or order does not appear necessary for the investigation of organized crime, the Review Committee under subsection (1) shall cancel such permission or order.

(5) If the Review Committee under subsection (1) cancels the communication recording permission or order under subsection (4), it shall order the officer who gave the permission or order to immediately stop the communication recording activity and destroy the recorded communication on the same day as prescribed, or in the case of disabling a telephone, mobile phone, or any other communication medium or arranging for non-communication, to activate such phone, mobile phone, or other communication medium.

(6) The Review Committee under subsection (1) shall regularly submit the details of its proceedings to the Government of Nepal. 30.
Organized Crime Prevention Act, 2014

30. To remain confidential: The details of the recorded communication under this Chapter shall remain confidential for purposes other than the proceedings of the case of organized crime. 31. Report to be submitted: (1) The Government of Nepal shall prepare an annual report of the communication recording activities conducted under this Chapter and submit it to amended by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.the Federal Parliament within thirty days of the end of each fiscal year.

(2) The report under subsection (1) shall include, in addition to other matters, details relating to the following subjects:-

(a) The number of applications received by the Authorized Officer for recording communication,

(b) The number of permissions granted and not granted for recording communication,

(c) The number of orders given for immediate recording of communication and the number of approved or disapproved orders,

(d) The number of cases initiated on the basis of recorded communication and the number of cases decided on the basis of evidence obtained from communication records,

(e) Other necessary matters.

(3) Notwithstanding anything contained in subsection (2), if disclosing any of the details mentioned in that subsection is likely to adversely affect the security of Nepal or the prevention and suppression of organized crime, the Government of Nepal may, by stating the reason therefor, submit the report under this Section without disclosing such detail. Chapter-6
Special Provisions Relating to Evidence

32. Provisions of this Act to apply: Notwithstanding anything contained in the prevailing law, in a case of organized crime, matters relating to evidence written in this Act shall be in accordance with this Act, and other matters shall be in accordance with the prevailing law. 33. Production may be made through audio-visual dialogue (video conference): (1) If the accused in a case of organized crime cannot be produced before the court from a security perspective, he may be produced through audio-visual dialogue.

(2) In the circumstance under subsection (1), the Investigation Officer or the police office shall submit a petition to the court stating the reasons therefor.

(3) Upon receipt of a petition under subsection (2), the court may, considering the condition of the accused, the place where the accused is located, and other necessary matters, order production before the court through audio-visual dialogue, and while giving such order, may also specify conditions to be complied with by the Investigation Officer or the police. 34.
Organized Crime Prevention Act, 2014

34. May be examined through audio-visual dialogue or door: If an informant, complainant, or any witness in a case of organized crime needs to be examined, the court may examine them through audio-visual dialogue or door, or cause their testimony to be given without being seen by the accused, or examine them by changing or transforming their voice mechanically or by other means, or examine witnesses and evidence at a place other than the court. 35. Statement or testimony may be given under a fictitious or symbolic name: (1) If an informant, complainant, or witness in a case of organized crime wishes to give a statement or testimony without mentioning his name, or under a fictitious or symbolic name, the court shall allow such person to give a statement or testimony under a symbolic or fictitious name without disclosing his real name.

(2) When a statement or testimony is given under subsection (1), the same name shall be mentioned in the relevant case file, order, or judgment. 36. Special provision relating to cross-examination: (1) Notwithstanding anything contained in the prevailing law, the accused shall not be allowed to cross-examine or pose any questions to an informant, complainant, or any witness in a case of organized crime.

(2) Notwithstanding anything contained in subsection (1), if the court orders that such informant, complainant, or any witness may be cross-examined, the legal practitioner of the accused may cross-examine via audio-visual dialogue, or in a manner such that the accused does not see or identify the informant, complainant, or witness, and the informant, complainant, or witness does not hear what is expressed.

(3) The legal practitioner conducting cross-examination under subsection (2) shall not, in any manner, reveal to anyone, including the accused, the name, surname, residence, identifying details, or characteristics of such informant, complainant, or witness.

(4) The cross-examination conducted by the legal practitioner under subsection (2) shall be deemed to have been conducted by the accused himself.

(5) The legal practitioner undertaking cross-examination under subsection (2) shall, before cross-examining, take an oath before the judge in the format prescribed by the court, in writing, not to reveal in any manner the name, surname, residence, or any identifying details including three-generation details or characteristics of the person to be cross-examined to the accused or any other person.

(6) Such legal practitioner shall not be allowed to ask questions or cross-examine the informant, complainant, or any witness without taking the oath under subsection (5).

(7) Employees involved in the cross-examination process under this Section shall also take an oath in writing before the judge not to reveal the details under subsection (5) to any other person. 37.
Organized Crime Prevention Act, 2014

37. Property deemed acquired by committing organized crime: If the property of a person against whom a case of organized crime has been filed appears disproportionate to his income source or economic condition, or if he leads an abnormally high standard of living, or if it is proved that he has given donations, charity, gifts, loans, contributions, or bequests beyond his means, he shall prove from what source he acquired such property, and if he fails to prove it, such property shall be deemed to have been obtained by committing organized crime. 38. Ransom may be presumed: If an accused of organized crime has, whether by kidnapping or not, or by taking hostage or not, demanded ransom from someone by correspondence, or by showing fear or threatening through telephone, mobile phone, or any other communication medium, the court may presume that he has taken ransom, except where the contrary is proved. 39. Special provision relating to evidence: (1) In a case relating to organized crime, the court may admit as evidence any evidence collected or examined by a court of a foreign country or the official body of that country.

(2) The court may also admit as evidence any material or photograph containing the voice of an informant, accused, or witness recorded in a manner that cannot be edited, tampered with, or altered. Chapter-7
Provisions Relating to Jurisdiction, Punishment, and Appeal

40. Court to hear case: amended by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.The jurisdiction to conduct proceedings and adjudicate cases relating to corruption and money laundering shall be with the court designated by the Government of Nepal by publishing a notice in the Nepal Gazette, and the jurisdiction to conduct proceedings and adjudicate other cases relating to organized crime shall be with the concerned District Court. 41. Trial may be conducted by keeping in custody: If there are reasonable grounds that the accused in a case of organized crime may destroy or tamper with evidence, or that such accused may abscond, the court may, notwithstanding anything contained in the prevailing law, order the trial of the case by keeping such accused in custody. 42.
Organized Crime Prevention Act, 2014

42. Proceedings and hearing may be conducted in camera: (1) If a petition is filed requesting that the proceedings and hearing of a particular type of case relating to organized crime be conducted in camera, or if the court itself deems it appropriate and orders so, the proceedings and hearing of such case shall be conducted in camera.

(2) When the proceedings and hearing of a case are conducted in camera under subsection (1), only the parties to the case, their legal practitioners, and persons permitted by the court may enter such chamber. 43. Punishment for unlawful communication recording: If any person records communication contrary to this Act, he shall be liable to imprisonment for a term up to three years and a fine up to one hundred thousand rupees. 44. Punishment for disclosing details: If any person discloses the details of an informant, complainant, or witness, or a record, contrary to Section 43 [sic], he shall be liable to imprisonment for a term up to five years and a fine up to five hundred thousand rupees. 45. Punishment for not freezing transaction or account or not providing details: (1) The chief of a bank or financial institution who fails to freeze a transaction or account as per the request made under Section 16 shall be liable to imprisonment for a term up to one year or a fine up to fifty thousand rupees.

(2) A communication service provider or operator who fails to provide details under Section 18 or to disable the communication medium under Section 19 shall be liable to imprisonment for a term up to one year or a fine up to fifty thousand rupees. 46. Punishment for a public servant: A public servant who fails to comply with an order of a court or a superior officer in the course of investigation or trial of organized crime shall be deemed to have committed an offense under subsection (4) of Section 3, and such public servant shall be punished under clause (a) of Section 9. Provided that if there is no provision of punishment in the prevailing law, such public servant shall be punished under clause (b) of Section 9. 47.
Organized Crime Prevention Act, 2014

Provided that if there is no provision of punishment in the prevailing law, such public servant shall be punished under clause (b) of Section 9. 47. Punishment for destroying evidence: If a person accused or charged with organized crime, or

(3) If a petition has been filed in the court pursuant to subsection (2), the court may order the concerned body to make arrangements for the protection of such witness, and if a petition has been filed with the police, the concerned police office shall provide security to such person or the members of his/her family.

(4) For the protection of the complainant, witness or members of his/her family pursuant to this section, the identifying details including the name, surname, and address of such person shall be kept under a fictitious or code name, and the court may order that the details and case-related records it deems appropriate be kept confidential or that only the part of the case records excluding the witness's details be made public.

(5) For the protection of the complainant or witness or members of their family pursuant to this section, the court may order that the details and case-related records it deems appropriate be kept confidential or that only the part or portion of the case records excluding the witness's details be made public.

(6) No question shall be raised in any court regarding any matter adopted in relation to the protection of an informant, complainant or witness pursuant to this section. 54. May keep interpreter or translator: If the language used in the proceedings of a case of organized crime is not understood by the accused, he/she may keep an interpreter or translator with the permission of the court. 55. Provide legal aid: If the accused in a case of organized crime is unable to appoint a legal practitioner, the court shall provide a paid legal practitioner for him/her. 56. May keep separate legal practitioner: If a person victimized by organized crime wishes to be represented through a separate legal practitioner during the course of the trial of the case of organized crime, he/she may keep such legal practitioner. 57. May convert the case: (1) If, while examining evidence in a case filed as organized crime, it appears that such case is not required to be proceeded with and disposed of under this Act, notwithstanding anything contained in the prevailing law, the court may convert such case into a case under the prevailing law and render a verdict.

(2) In case a verdict is rendered after converting the case pursuant to subsection (1), the government attorney shall be given a period of seventy days for appeal. 58.
Organized Crime Prevention Act, 2014

58. Limitation period not applicable: No limitation period shall apply for prosecuting a case of organized crime. 59. Government party: A case of organized crime shall be a government party, and except for cases relating to corruption, money laundering and financial investment in terrorist activities, other cases shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074, as amended by the Act to Amend Some Nepal Acts, 2075, which was transformed by the Act to Amend, Consolidate, Harmonize and Repeal Some Nepal Laws, 2074. 60. Reward to be given: (1) A reward equal to twenty percent of the fine imposed on the person committing such offense shall be provided to a person who gives information that any act deemed to be organized crime has been committed or is about to be committed, and who assists in arresting the person committing or causing to commit such offense or in the investigation work.

(2) If there is more than one person giving information pursuant to subsection (1), such amount shall be given to them in equal proportion. 61. Protection for acts done in good faith: Notwithstanding anything contained elsewhere in this Act, if any act deemed to be organized crime under this Act occurs while performing one's official duty in good faith in accordance with the prevailing law, no government official shall be prosecuted or subjected to any other kind of punishment under this Act for such act. 62. Power to make rules: The Government of Nepal may make necessary rules for the implementation of this Act.
Local Administration Act, 1971

Local Administration Act, 2028

Date of Royal Seal and Publication
2028.04.20

Amending Acts

1. Judicial Administration Reform Act, 2031 2031.04.18
2. Black Marketing and Some Other Social Offences and Punishment Act, 2032 2032.05.20
3. Local Administration (First Amendment) Act, 2033 2033.04.28
4. Local Administration (Second Amendment) Act, 2037 2037.06.02
5. Speech and Publication Freedom Act, 2037 2037.04.29
6. Some Nepal Acts (Amendment) Act, 2041 2041.07.27
7. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.07.24
8. Some Nepal Acts (Amendment) Act, 2043 2043.07.24
9. Judicial Administration Act, 2048 2048.02.16
10. Local Administration (Third Amendment) Act, 2048 2048.02.21
11. Local Administration (Fourth Amendment) Act, 2058 2058.05.06

Dates of Authentication and Publication
2063.04.23
2063.06.28
2064.05.09
2066.10.07
2072.11.13
2074.06.30
2075.11.19
2082.04.14

Act No. 2 of the year 2028



An Act Made to Amend and Consolidate Laws Relating to Local Administration

Preamble: Whereas, it is desirable to amend and consolidate the laws relating to local administration in accordance with the federal system amended by the Act to Amend Some Nepal Acts, 2075. added by the Second Amendment. and to maintain peace and order,

Therefore, His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act 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 “Local Administration Act, 2028”.

(2) This Act shall apply throughout Nepal omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066..

(3) This Act shall come into force immediately. Amended by the Local Administration (Fifth Amendment) Ordinance, 2062 and automatically revived by the Act to Revive Provisions of Some Nepal Acts, 2063.2. Definitions: Unless the subject or context otherwise requires, in this Act, –

(a) omitted by the Third Amendment.

added by the Fourth Amendment.(a1) omitted by the Act to Amend Some Nepal Acts, 2075

(b) “Chief District Officer” means the Chief District Officer appointed by the Government of Nepal.

added by the Act to Amend Some Nepal Acts, 2075.(b1) “Ministry” means a Ministry of the Government of Nepal.

added by the Act to Amend Some Nepal Laws, 2063.(c) “Assembly” means a gathering of twenty-five or more than twenty-five persons assembled in an organized or unorganized manner in any public place for a specific purpose.
Local Administration Act, 1971

Chapter – 2
omitted by the Act to Amend Some Nepal Acts, 2075.Division of Districts

3. omitted by the Act to Amend Some Nepal Acts, 2075.Division of Districts: (1) Nepal omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066. is divided into amended by the Act to Amend Some Nepal Acts, 2075. districts as mentioned in Schedule-4 of the Constitution of Nepal omitted by the Act to Amend Some Nepal Acts, 2075..

(2) The boundaries and headquarters of each omitted by the Act to Amend Some Nepal Acts, 2075. district shall be as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(3) The boundaries and headquarters of districts existing prior to the commencement of this Act shall continue as before unless otherwise provided by the Government of Nepal by publishing a notice in the Nepal Gazette. Chapter – 3
repealed by the Third Amendment.District Administration

4. repealed by the Third Amendment.

repealed by the Third Amendment.4a.

repealed by the Third Amendment.4b.

repealed by the Third Amendment.4c.

repealed by the Third Amendment.4d. 5. District Administration: amended by the Act to Amend Some Nepal Acts, 2064.(1) For the purpose of conducting the general administration of the district, there shall be a District Administration Office in each district. The Government of Nepal shall appoint a Chief District Officer in each district to also serve as the chief administrative officer of that office.
Local Administration Act, 1971

The Government of Nepal shall appoint a Chief District Officer in each district to also serve as the chief administrative officer of that office. The Chief District Officer shall work as a representative of the Government of Nepal subject to the prevailing law, policies, directives, and omitted by the Act to Amend Some Nepal Acts, 2075. supervision of the Government of Nepal.

(2) Except for courts and offices related to defense omitted by the Third Amendment. , the district level offices as specified from time to time by the Government of Nepal by publishing a notice in the Nepal Gazette shall function as branches of the District Administration Office.

(3) The Chief District Officer shall have no control over the exercise of powers specified under prevailing Nepal law or any judicial or quasi-judicial powers exercisable by a district level office functioning as a branch of the District Administration Office under sub-section (2) or by an officer of such office.

(4) The powers and duties of the Chief District Officer or other officers in relation to supervision, control, and direction over district level offices functioning as branches of the District Administration Office under sub-section (2) shall be regulated by rules made under this Act amended by the Third Amendment..

(5) The functions, duties, and powers of the Chief District Officer shall be as follows: –

(a) To maintain peace, order, and security in the district;

amended by the Third Amendment.(b) To provide support to development works conducted by the Government of Nepal, omitted by the Act to Amend Some Nepal Acts, 2072 Municipalities or amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipalities within the district;

(c) To supervise, maintain, and repair all property of the Government of Nepal within the district, or cause it to be done;

(d) omitted by the Third Amendment.

(e) amended by the Third Amendment. To perform other functions as per orders or directives given from time to time by the Government of Nepal.

(6) omitted by the Second Amendment. 6.
Local Administration Act, 1971

To perform other functions as per orders or directives given from time to time by the Government of Nepal.

(6) omitted by the Second Amendment. 6. Maintenance of Peace and Security: (1) omitted by the Third Amendment The Chief District Officer shall take the following actions to prevent any act likely to cause violence or riot: –

(a) If any assembly, procession, or crowd adopts a violent or destructive tendency and there is a possibility of breach of peace from any of its acts, to cause it to be stopped by the police, and if the police are unable to control it, to go immediately to the concerned place personally or send a subordinate officer and, as far as possible, try to restore peace by persuasion, and if unsuccessful, to restore or cause to be restored peace by using such force as may be necessary and appropriate to the situation, including lathi charge, tear gas, water cannon, and aerial firing;

(b) If it appears that peace cannot be maintained under clause (a) and it becomes necessary to open fire, before doing so, to clearly warn the crowd in a manner understandable to them that firing will be carried out if they do not disperse, and if even then the crowd does not disperse and it becomes necessary to fire, to give a written and signed order to fire below the knee;

(c) omitted by the Third Amendment.

(d) omitted by the First Amendment To give written orders to police officers as required for maintaining peace and security in the district, time permitting, and only if time does not permit, verbal orders, and if a verbal order is given, to confirm it in writing as soon as possible, but within a maximum of twenty-four hours;

added by the First Amendment.(e) For the purpose of maintaining peace and security in the district, the District Police Office shall work under the direct control and direction of the Chief District Officer amended by the Third Amendment..

added by the Fourth Amendment.(1a) The Chief District Officer shall immediately inform the amended by the Act to Amend Some Nepal Acts, 2075. Ministry of the actions taken in relation to maintaining peace and security under sub-section (1), and it shall be the duty of the Chief District Officer to comply with the directives given by the amended by the Act to Amend Some Nepal Acts, 2075.
Local Administration Act, 1971

Ministry of the actions taken in relation to maintaining peace and security under sub-section (1), and it shall be the duty of the Chief District Officer to comply with the directives given by the amended by the Act to Amend Some Nepal Acts, 2075. Ministry in that regard.

amended by the Fourth Amendment.(2) If the Chief District Officer considers that there is or is likely to be serious unrest in any place within his jurisdiction and that it is not possible to prevent the existing breach of peace or prevent unrest by the assistance of other police alone, he may, stating the reasons and grounds therefor, request assistance from the local or nearest Armed Police or, depending on the situation, the Nepali Army. In the event of requesting such assistance from the Armed Police or the Nepali Army, the amended by the Act to Amend Some Nepal Acts, 2075. Ministry shall be informed thereof by the fastest available means within twenty-four hours.

(2a) omitted by the Act to Amend Some Nepal Acts, 2075.

(3) If any person is about to do any act, or any object exists or is kept at any place, and there is a possibility of a riot causing a breach of peace and security, or of causing obstruction or opposition to any person, or of adversely affecting public health, the omitted by the First Amendment. Chief District Officer may issue an order as follows, and such order shall not be for a period exceeding two months at a time: –

(a) Prohibiting any person from doing any act;

(b) Ordering the owner, manager, or head of any object or property to remove that object or property from that place, or prohibiting any act at that place.

added by the Act to Amend Some Nepal Acts, 2064.(3a) If a riot or unrest occurs or there is sufficient reason that it may occur in any place, taking that situation into account, the Chief District Officer may, by specifying the area and time, issue an order prohibiting more than five persons from assembling at one place with the intention of causing riot or unrest during that area and time. Any person violating such an order may be punished by the Chief District Officer with a fine of up to five hundred rupees or imprisonment for up to one month, or both.

(4) When issuing an order under sub-section (3) omitted by the First Amendment. the Chief District Officer shall send a notice in the name of the concerned person stating the reason for the order.
Local Administration Act, 1971

If the concerned person cannot be found, a notice shall be affixed in accordance with prevailing Nepal law so as not to stop the work. Any person violating such an order may be fined by the issuing officer up to fifty rupees for each offence.

amended by the First Amendment.(5) If it comes to the notice of the Chief District Officer that a dispute likely to cause a breach of peace regarding land, canal, water, or boundaries exists or is about to occur within the district, he may summon the concerned parties to his office as soon as possible, record their statements, and, if necessary, attach the concerned property and entrust it for a period of three months to the person in whose possession it is, or to a amended by the Third Amendment. Municipality or amended by the Act to Amend Some Nepal Acts, 2072. Rural Municipality, or any respectable person, and order the dissatisfied party to have the right determined by a court.

amended by the Act to Amend Some Nepal Acts, 2064.(6) Any person dissatisfied with an order or punishment made by the Chief District Officer under sub-sections (3), (3a), (4), and (5) may appeal to the concerned amended by the Act to Amend Some Nepal Acts, 2072. District Court within thirty-five days.

amended by the Fourth Amendment.(7) There shall be a Security Committee in each district as follows to assist in the work of maintaining peace, security, and order: –

(a) Chief District Officer – Chairperson
(b) Local head of the Nepali Army – Member
(c) Head of District Police Office – Member
(d) Local head of Armed Police Office – Member

Amended by the Local Administration (Fifth Amendment) Ordinance, 2062 and automatically revived by the Act to Revive Provisions of Some Nepal Acts, 2063.(e) Head of the district office of the National Investigation Department – added by the Act to Amend Some Nepal Acts, 2064.Member

added by the Act to Amend Some Nepal Acts, 2064.(f) Assistant Chief District Officer – Member-Secretary

(8) omitted by the Fourth Amendment.

added by the Third Amendment.(9) At the meeting of the District Security Committee, the Chief District Officer may invite officers of other offices located in the district as required.

added by the Third Amendment.(10) The meeting of the committee under sub-section (7) may be convened by the Chief District Officer as required.

added by the Second Amendment.6a. Power to Impose Curfew: (1) If an agitation or riot occurs in any place and there is a likelihood of a breach of peace, if necessary considering the situation, the omitted by the Third Amendment.
Local Administration Act, 1971

Power to Impose Curfew: (1) If an agitation or riot occurs in any place and there is a likelihood of a breach of peace, if necessary considering the situation, the omitted by the Third Amendment. Chief District Officer may issue an order imposing a curfew by specifying the boundaries of such place, prohibiting any person from entering or leaving, assembling, or doing any other specified act. When issuing such a curfew order, the amended by the Third Amendment. Chief District Officer shall publicize the order for the information of the general public of the area where the curfew is imposed and its surrounding areas.

(2) After an order is issued under sub-section (1), no person other than a person authorized by a secret sign from the amended by the Third Amendment. Chief District Officer shall enter or leave within the prohibited place and time.

(3) Any person violating the curfew order shall be arrested by the police, and the person so arrested shall be produced immediately before the amended by the Third Amendment. Chief District Officer. The amended by the Third Amendment. Chief District Officer may, following a summary procedure deemed appropriate, punish such person with imprisonment for up to one month or a fine of up to one thousand rupees, or both, and an appeal against the order of such punishment shall lie to the High Court.

(4) When issuing a curfew order, the amended by the Third Amendment. Chief District Officer may also order the police to open fire against any person or group breaking the curfew in order to bring the curfew situation under control. In such a situation, if it becomes necessary for the police to open fire, before opening fire, the police shall, depending on the situation, use lathi charge, tear gas, water cannon, or aerial firing, and if even then the person or group breaking the curfew does not disperse, a clear warning shall be given that firing will be carried out if they do not disperse. If even after such warning the person or group breaking the curfew does not disperse, the police may open fire. Provided that nothing written in this sub-section shall be deemed to prevent the amended by the Third Amendment. Chief District Officer from ordering to shoot immediately upon sight any person or group breaking the curfew and exhibiting violent tendencies.

(5) omitted by the Third Amendment.