chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

14. Functions, Duties and Powers of Department: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Department shall be as follows:-

(a) To manage or cause to manage property or means frozen or taken into control in the course of investigation and inquiry of an offence,

(b) To make arrangements for keeping safely and systematically foreign currency, exchange permit, precious metal or article taken into control in the course of investigation and inquiry in the Nepal Rastra Bank or a bank designated by the Department,

(c) To auction sell or cause to auction sell property or means taken into control in the course of investigation and inquiry of an offence under section 21,

(d) To receive property or means confiscated pursuant to the order or judgment of the Court,

(e) To manage property or means confiscated pursuant to the order or judgment of the Court,

(f) To auction sell or cause to auction sell property or means confiscated pursuant to the order or judgment of the Court under Chapter-5,

(g) To have the Fund audited, and

(h) To carry out other functions as prescribed. 15. Provision Relating to Deposit Account: (1) For the purpose of section 7, the Department shall manage and operate or cause to manage and operate a deposit account as required.

(2) If the judgment or order of the Court confiscating the amount deposited in the deposit account under subsection (1) becomes final, the Department shall cause such amount to be credited to the Fund.

(3) The operation and other arrangements of the deposit account shall be as prescribed. 16. May Exchange Cooperation: (1) The Department may exchange cooperation on the basis of reciprocity with bodies of foreign countries performing similar functions.

(2) The Department may, as necessary, conclude a mutual understanding with a body of a foreign country performing similar functions to determine the method, terms and procedure for exchanging cooperation under this section.

(3) If a mutual understanding is concluded under subsection (2), the Department shall promptly give information thereof to the Ministry of Foreign Affairs, Government of Nepal. Chapter-5
Provisions Relating to Auction Sale

17. Property or Means to be Auctioned: (1) After the judgment or order of the Court confiscating property or means becomes final, the Department or the concerned District Administration Office shall immediately auction sell or cause to auction sell such property or means under this Chapter.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

Property or Means to be Auctioned: (1) After the judgment or order of the Court confiscating property or means becomes final, the Department or the concerned District Administration Office shall immediately auction sell or cause to auction sell such property or means under this Chapter. Amended by the Act Amending Some Nepal Acts, 2082.(2) If the Court has rendered a judgment to recover a fine or any other amount from immovable property, and the concerned person pays the amount under such judgment in cash, such immovable property shall not be auctioned. Added by the Act Amending Some Nepal Acts relating to Good Governance Promotion and Public Service Delivery, 2081.(3) Notwithstanding anything contained in subsections (1) and (2), if due to the small area of the confiscated land it cannot be subdivided according to the prevailing law, or if such land cannot be put to use for public or governmental purposes, or if only a part of the land is confiscated and separating that part would cause damage or loss to other physical structures of the landowner or obstruct access, and if the landowner wishes to take such land by paying the value determined under section 18, such land may be released to him or her upon taking such value. Added by the Act Amending Some Nepal Acts, 2082.(4) Notwithstanding anything contained in subsection (1), if it appears that property or means ordered to be confiscated according to the order or judgment of the Court is not suitable for auction sale due to public interest, importance, security or any other reason, or if such property or means appears useful for governmental use, the Department shall send a letter to the concerned body to record such property or means in the name of the Government of Nepal without auctioning it. Added by the Act Amending Some Nepal Acts, 2082.(5) Upon receiving a letter pursuant to subsection (4), the concerned body shall record such means or property in the name of the Government of Nepal and give information thereof to the Department. 18.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

Added by the Act Amending Some Nepal Acts, 2082.(5) Upon receiving a letter pursuant to subsection (4), the concerned body shall record such means or property in the name of the Government of Nepal and give information thereof to the Department. 18. Valuation of Property or Means: (1) Before auctioning property or means ordered to be confiscated by the Court, the Department or the concerned District Administration Office shall conduct a valuation of such property or means to determine its value.

(2) For valuing property or means to be auctioned by the Department, there shall be a Valuation Committee as follows:-

(a) Director General of the Department - Coordinator
(b) Representative, Office of the Attorney General - Member
(c) Representative, Public Procurement Monitoring Office - Member
(d) Representative, Office of the Comptroller and Auditor General - Member
(e) Chief of Accounts of the Department - Member Secretary

(3) In the Valuation Committee under subsection (2), based on the nature of the property or means to be valued, a representative of the concerned body or institution shall be invited as a member.

(4) For valuing property or means to be auctioned by the District Administration Office, there shall be a Valuation Committee in each district as follows:-

(a) Chief District Officer - Coordinator
(b) District Government Attorney - Member
(c) Tahsildar, District Court - Member
(d) Treasury and Accounts Controller - Member Secretary

(5) In the Valuation Committee under subsection (4), based on the nature of the property or means to be valued, a representative of the concerned body or institution shall be invited as a member.

(6) The Valuation Committee under subsection (2) or (4) may invite an expert of the relevant field to the meeting of the Valuation Committee when valuing the property or means to be auctioned.

(7) The secretariat of the Valuation Committee under subsection (2) shall be at the Department, and the secretariat of the Valuation Committee under subsection (4) shall be at the Office of the Treasury and Accounts Controller of the concerned district.

(8) Notwithstanding anything contained elsewhere in this section, the valuation of prescribed property or means that is immediately perishable shall be done by the Director General of the Department or the concerned Chief District Officer. 19.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

19. Basis for Valuation of Property or Means: (1) While valuing property or means to be auctioned, valuation shall be done on the following bases, in order:-

(a) On the basis of the price fixed or determined according to the prevailing law, if so fixed or determined,
(b) On the basis of the value mentioned on the property or means itself, if the value is mentioned,
(c) On the basis of the bill or invoice of the property or means, if found,
(d) In case of imported property or means, on the basis of the value mentioned in the declaration submitted to the customs office,
(e) In case of property or means bought and sold in the market, on the basis of the local market price,
(f) On other appropriate basis.

(2) Notwithstanding anything contained in subsection (1), while valuing precious metals or articles such as gold and silver, and shares, to be auctioned, the valuation shall be done on the basis of the market price of the preceding day.

(3) While valuing property or means under this section, if the property or means is of a type subject to depreciation according to the prevailing law, depreciation shall also be deducted. 20. Procedure Relating to Auction Sale of Property or Means: (1) After valuing property or means confiscated under this Act pursuant to section 18, the Department or the concerned District Administration Office shall auction sell such property or means publicly.

(2) While auctioning property or means publicly under subsection (1), a notice of between seven days and thirty-five days shall be published in a national level newspaper, based on the nature and value of such property or means.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

Provided that, when auctioning property or means under section 21, or when auctioning property or means with a value determined at less than fifty thousand rupees, the auction proceedings may be conducted by affixing notices at the District Administration Office, Treasury and Accounts Controller Office, concerned office, Chamber of Commerce and Industry, and Amended by the Act Amending Some Nepal Acts, 2062.the office of the local level.

(3) A person wishing to participate in an auction under subsection (2) shall deposit the prescribed amount in the deposit account designated by the Department or the concerned District Administration Office.

(4) When auctioning property or means, it shall be given to the person who bids the highest price, provided it is not less than the value determined under section 18.

(5) When auctioning property or means under subsection (4), the person accepting the auction shall be given a period of three days to thirty-five days, depending on the nature of the property or means, to take delivery of such property or means.

(6) If the highest bidder does not accept the auction or fails to accept the auction within the period given under subsection (5), his or her deposit shall be forfeited, and the auction shall be given to the next highest bidder, then the third, and so on as necessary.

(7) If no one accepts the auction even after conducting proceedings under subsections (2), (4), (5) or (6), such property or means shall be re-valued, and a notice shall be published giving a period of up to fifteen days twice at most for auction. Provided that, when publishing a notice for auction of a vehicle, a notice shall be published giving a period of twenty-one days each time.

(8) If property or means cannot be auctioned even after doing as per subsection (7), the Department or the concerned District Administration Office shall auction such property or means as scrap if it is metal, or by negotiation in an appropriate manner.

(9) When publishing a notice for auction of property or means under subsection (2) or (7), such notice shall also be published on the website of the Amended by the Act Amending Some Nepal Acts, 2062.Department and the District Administration Office. 21.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

21. Special Provision Relating to Auction Sale: (1) Notwithstanding anything contained in section 17, if any property or means taken into control under Chapter-2 in the course of investigation and inquiry of an offence is likely to rust, break, Deleted by the Act Amending Some Nepal Acts, 2062 perish, or suffer damage for any other reason while being kept, the Department or the concerned District Administration Office shall, after consulting the concerned government attorney if the offence-related case is still under investigation and inquiry, and with the permission of the Court if the case has already been presented in Court, auction such property or means before it is confiscated.

(2) If any property or means presented before the Court as material evidence in an offence-related case appears likely to rust, break, Deleted by the Act Amending Some Nepal Acts, 2062 perish, or suffer damage for any other reason while being kept, the Court may order the auction of such property or means Added by the Act Amending Some Nepal Acts, 2062.or, if such property or means appears useful for government work, order reasonable maintenance and use thereof. Added by the Act Amending Some Nepal Acts, 2062.(2a) If any property taken into control under Chapter-2 in the course of investigation and inquiry of an offence, or presented before the Court as material evidence in an offence-related case, appears to be perishable, the Department or the concerned District Administration Office shall, with the permission of the concerned Court, immediately sell such property at the prevailing market price and give information thereof to the concerned government attorney or Court. Added by the Act Amending Some Nepal Acts, 2062.(2b) If such property cannot be sold under subsection (2a) and the concerned person wishes to take it by paying the prevailing market price, the prevailing market price of such perishable property shall be determined, and the concerned person shall be allowed to purchase it, and information thereof shall be given to the concerned government attorney or Court.

(3) When the Department or the District Administration Office auctions property or means in the situation under subsection (1) or (2), the procedure under this Chapter shall be followed.

(4) The Department or the District Administration Office shall provide to the concerned Court, within seven days of the Amended by the Act Amending Some Nepal Acts, 2062.acceptance of auction or sale at the prevailing market price, details of the amount received from the Amended by the Act Amending Some Nepal Acts, 2062.auction sale or sale at the prevailing market price of property or means under this section, and other details as prescribed. Chapter-6
Provisions Relating to Offence-related Property Management Fund

22.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

Chapter-6
Provisions Relating to Offence-related Property Management Fund

22. Offence-related Property Management Fund: (1) There shall be an Offence-related Property Management Fund for the management of property or means frozen or taken into control under Chapter-2 and confiscated under Chapter-3.

(2) The Fund under subsection (1) shall consist of the following properties:-

(a) Property derived from an offence or instrumentality related to an offence confiscated pursuant to the judgment or order of the Court,
(b) Amount received from auction sale, rental, or any other type of management of property or means under clause (a),
(c) Amount in the deposit account confiscated by order of the Court, and
(d) Amount received by the Government of Nepal from property confiscated abroad, if any.

(3) The amount of the Fund shall be kept in an account opened in the Nepal Rastra Bank or any commercial bank.

(4) The operation of the Fund account shall be done by the joint signature of the Director General and the Accounts Officer of the Department. 23. Accounts and Audit of Fund: (1) The accounts of the Fund shall be kept according to the prevailing law.

(2) The audit of the Fund shall be done by the Auditor General. 24. Utilization of Fund: (1) The amount of the Fund shall be utilized as follows:-

(a) To distribute, with the concerned country, the amount received from auction sale of property or means confiscated pursuant to the order or judgment of a foreign court,
(b) To return, as prescribed, property deposited as security to the concerned person,
(c) To return to the concerned person by order of the Court,
(d) To deposit in the Consolidated Fund.

(2) Notwithstanding anything contained in subsection (1), the Government of Nepal may utilize the amount in the Fund for legal reform, prevention, control, investigation, prosecution, adjudication of offences, and enhancement of the capacity and professional competence of personnel involved in related work.

(3) Other provisions relating to the utilization of the Fund amount shall be as prescribed. 25.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

25. Fund Operation and Management Committee: (1) There shall be a Fund Operation and Management Committee as follows for the operation and management of the Fund:-

(a) Secretary, Ministry of Finance - Coordinator
(b) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member
(c) Joint Secretary, Ministry of Home Affairs - Member
(d) Representative (First Class), Office of the Comptroller and Auditor General - Member
(e) Director General, Department - Member-Secretary

(2) The Committee may, if deemed necessary, invite domestic or foreign experts to participate as observers in its meetings.

(3) The procedure relating to meetings of the Committee shall be as determined by the Committee itself.

(4) The secretariat of the Committee shall be at the Department. 26. Functions, Duties and Powers of Committee: The functions, duties and powers of the Committee shall be as follows:-

(a) To recommend to the Government of Nepal on policies to be adopted regarding freezing, taking control, and confiscating property derived from an offence or instrumentality related to an offence,
(b) To recommend to the Government of Nepal for distribution of property received when property located abroad is confiscated by order of the Court, or when property located in Nepal is confiscated by order of a foreign court,
(c) To make procedures and standards necessary for the operation and management of the Fund, and
(d) To carry out other functions as prescribed. Added by the Act Amending Some Nepal Acts relating to Good Governance Promotion and Public Service Delivery, 2081.26a. May Exercise Powers Equivalent to Those of a Court: The Department may exercise powers equivalent to those of a Court in relation to the management and auction sale of property or means under this Act. Chapter-7
Miscellaneous

27.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

May Exercise Powers Equivalent to Those of a Court: The Department may exercise powers equivalent to those of a Court in relation to the management and auction sale of property or means under this Act. Chapter-7
Miscellaneous

27. Duty to Release Property or Means: (1) If property or means frozen or taken into control under Chapter-2 is not found to be property derived from an offence or an instrumentality related to an offence, or if an innocent third party is found to have a legal right over such property or means, and if a case regarding the offence has not been filed or will not be filed, the investigation officer shall, after consulting the government attorney, send a letter to the concerned body to release the property or means if frozen, and if taken into control, return it to the concerned person.

(2) If a case relating to the offence has already been filed in Court, and it appears unnecessary to continue freezing or keeping control of such property or means, the Court shall release such property or means.

(3) If property or means is released under subsection (1), the investigation officer of Kathmandu, Bhaktapur and Lalitpur districts shall immediately give details thereof to the Department, and the investigation officer of other districts shall immediately give details thereof to the concerned District Administration Office.

(4) If property or means is released under subsection (2), the Court shall give information thereof to the concerned Government Attorney Office.

(5) Upon receipt of details under subsection (3), the concerned District Administration Office, and upon receipt of details under subsection (4), the concerned Government Attorney Office, shall send details thereof to the Department. 28.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

28. May Submit Petition: (1) If property or means is frozen or taken into control under Chapter-2 in the course of investigation and inquiry of an offence, a person affected thereby may submit a petition to the concerned Court for the release of such property or means.

(2) If a petition is submitted under subsection (1), and if the frozen or controlled property or means appears to belong to the petitioner, and if the following circumstances exist, the Court may order the release of such frozen or controlled property or means:-

(a) If the petitioner is not found to be involved in such offence, and
(b) If there is no reasonable basis to suspect that such property or means is property derived from an offence or an instrumentality related to an offence.

(3) If an order is made under subsection (2), and if the case relating to the offence has not been filed in Court, or if the property or means taken into control has already been delivered to the Department or the concerned District Administration Office under section 5, the investigation officer shall immediately release the frozen property or means, and the property or means taken into control shall be returned to the concerned person. Provided that, if the property or means taken into control has already been delivered to the Department or the District Administration Office, the Department or the District Administration Office shall immediately return such property or means to the concerned person. 29. Distribution of Confiscated Property: The distribution of property or means located abroad that is ordered to be confiscated under this Act, and property or means located in Nepal that is ordered to be confiscated pursuant to the final decision of a competent court of any country, shall be according to the agreement concluded between the Government of Nepal and the concerned country. Provided that, in the absence of such agreement, it shall be as prescribed by the Government of Nepal. 30.
Assets and Means (Freeze, Control and Confiscation) of Criminal Offense Act, 2014

Provided that, in the absence of such agreement, it shall be as prescribed by the Government of Nepal. 30. May Provide Minimum Expenses: (1) If, during the investigation and inquiry of an offence or the conduct of a case, the entire property of a person is frozen or taken into control under this Act, and there is no other means or source for the livelihood of that person and his or her dependents, the Court may order the release of the minimum property necessary for the humane living of that person and his or her dependents, or to provide such person with the minimum property necessary for livelihood from among the frozen or controlled property.

(2) If an order under subsection (1) is made, the following shall be done:-

(a) If the case relating to the offence has not been filed in Court, the investigation officer shall release property or means from the frozen property as per the Court order.
(b) If the investigation officer has already delivered the property taken into control to the Department or the District Administration Office under section 5, the Department or the concerned District Administration Office shall return the property or means as per the Court order; if not yet delivered, the investigation officer shall do so.
(c) If the property or means taken into control has been auctioned under section 21 and the amount received therefrom deposited in the deposit account, or if foreign currency, exchange permit, or precious metal or article has been deposited in the bank, the Department or the concerned District Administration Office shall return the property as per the Court order. 31. May Make Appropriate Management of Property or Means: (1) If it appears that income is or may be derived from property or means frozen or taken into control in the course of investigation and inquiry of an offence, the Department may manage or cause to manage such property or means in an appropriate manner.

(2) For the purpose of subsection (1), the Department may rent out, lease out, cultivate, or put such property or means to income-generating activities as prescribed.

(3) Other provisions relating to the management of frozen or controlled property or means shall be as prescribed. 32. Duty to Provide Assistance: (1) In the course of work relating to the freezing or control of property derived from an offence or instrumentality related to an offence, the investigation officer may, as necessary, seek the assistance of the local administration and police.

(2) Upon a request for assistance under subsection (1), it shall be the duty of the concerned local
Provincial Assembly Member Election Act, 2017

Chapter 2

Electoral System

3. Electoral System: The election of the Provincial Assembly shall be held by adopting the following electoral system: -

(a) First-Past-the-Post electoral system,

(b) Proportional electoral system. 4. First-Past-the-Post Electoral System: Under the first-past-the-post electoral system, on the basis of one constituency one seat, the candidate securing the highest number of votes shall be elected as a member of the Provincial Assembly. 5. Proportional Electoral System: Under the proportional electoral system, considering the entire area of each province as one constituency, voting shall be for the political party, and candidates representing such party shall be elected as members of the Provincial Assembly in proportion to the total number of votes secured by each party. Chapter 3

Notification of Election

6. Fixing Date of Election: (1) The Government of Nepal shall fix the date of election. Provided that the Government of Nepal shall consult the Commission before fixing the date of election.

(2) In case the Provincial Assembly is dissolved pursuant to Sub-section (7) of Article 168 of the Constitution, the Provincial Head, on the recommendation of the Chief Minister, shall fix the date of election ensuring that the election is completed within six months from the date of dissolution of the Provincial Assembly.

(3) If it is not possible to complete the election in a single phase on the date fixed pursuant to Sub-section (1) or (2), separate dates may also be fixed to complete the election in two or more phases, with the election commencing from that date.

(4) A notice of the date of election fixed pursuant to this Section shall be published in the Nepal Gazette. 7.
Provincial Assembly Member Election Act, 2017

7. Notice of Election Programme: (1) After the notice of the date of election fixed pursuant to Section 6 is published, the Commission shall publish a notice of the election programme.

(2) The election programme pursuant to Sub-section (1) shall include the dates, times and places for filing nomination papers for candidates, publishing the list of candidates whose nomination papers have been filed, filing complaints against candidates, scrutiny of nomination papers, publishing the list of nominated candidates, withdrawal of names by candidates, publishing the final list of candidates, providing election symbols to candidates, and voting.

(3) The election programme pursuant to Sub-section (1) shall also include the programme for submitting the closed list of candidates to the Commission for the election under the proportional electoral system, making claims and objections thereon, and publishing the final closed list of candidates.

(4) The election programme pursuant to this Section shall be published in the Nepal Gazette.

(5) The concerned Election Officer shall publish in his/her office the notice pursuant to the election programme published by the Commission under Sub-section (1). Chapter 4

Chief Election Officer, Election Officer, Presiding Officer and Other Employees

8. Appointment of Election Officers: (1) For performing or causing to be performed the work to be done in the election pursuant to the Constitution, this Act and prevailing federal law, the Commission shall appoint one Chief Election Officer for each district and one Election Officer for each constituency.

(2) While appointing an Election Officer under Sub-section (1), the Commission shall appoint a District Judge as the Chief Election Officer in consultation with the Judicial Council, and an officer of Nepal Judicial Service of at least Grade II gazetted level as the Election Officer in consultation with the Judicial Service Commission.

(3) Notwithstanding anything contained in Sub-section (1) or (2), where the date of election is fixed so that the election of members of the House of Representatives and the Provincial Assembly is held on the same date, the Chief Election Officer appointed for the election of the House of Representatives shall also be designated to act as the Chief Election Officer for the election of the Provincial Assembly, and the Election Officer appointed for the House of Representatives shall also be designated to act as the Election Officer of the concerned constituency of the Provincial Assembly.

(4) The Election Officer may appoint such number of Assistant Election Officers and other employees as prescribed by the Commission. 9.
Provincial Assembly Member Election Act, 2017

9. Functions, Duties and Powers of Chief Election Officer: (1) It shall be the duty of the Chief Election Officer, subject to the direction of the Commission, to coordinate and supervise election-related work of the constituencies within the district assigned to him/her and give necessary directions.

(2) The Chief Election Officer shall also exercise and perform the functions, duties and powers of the Election Officer in the constituency assigned to him/her. 10. Functions, Duties and Powers of Election Officer: (1) It shall be the duty of the Election Officer, subject to the direction of the Commission and the Chief Election Officer, to conduct or cause to be conducted all works and proceedings related to holding the election in the constituency assigned to him/her in a clean, impartial and free manner in accordance with this Act.

(2) Other functions, duties and powers of the Election Officer shall be as prescribed.

(3) The Election Officer may delegate his/her powers to employees deployed for election work as necessary. Provided that the power to scrutinize nomination papers, to accept or reject nomination papers, and to declare the final result of the final counting shall not be delegated.

(4) The Election Officer may deploy or depute employees of the Government of Nepal, Provincial Government and local level, employees of institutions owned or controlled by the Government of Nepal or Provincial Government, or run with grants from the Government of Nepal or the Provincial Government, or teachers or employees of universities or community schools, for any election-related work. Provided that while deploying employees or teachers in this manner, for employees, they shall be deployed outside the ward of their place of residence, and for teachers, they shall be deployed outside the ward of their place of work and their place of residence. 11. Appointment of Presiding Officer: (1) The Election Officer may appoint employees of the Government of Nepal, Provincial Government and local level, employees of institutions owned or controlled by the Government of Nepal or the Provincial Government, or run with grants from the Government of Nepal or the Provincial Government, or teachers or employees of universities or community schools, as Presiding Officer or Assistant Presiding Officer.
Provincial Assembly Member Election Act, 2017

Provided that while appointing a Presiding Officer or Assistant Presiding Officer in this manner, for employees, they shall be appointed outside the ward of their place of residence, and for teachers, they shall be appointed outside the ward of their place of work and their place of residence.

(2) The Presiding Officer and Assistant Presiding Officer appointed pursuant to Sub-section (1) shall cause all works related to holding the voting to be completed in a clean, impartial and free manner as prescribed by this Act and the rules made or orders issued under this Act.

(3) Other functions, duties and powers of the Presiding Officer and Assistant Presiding Officer shall be as prescribed. Chapter 5

Candidates and Nomination Papers

12. Qualification of Candidate: A person must fulfill the following qualifications to be a candidate in the election: -

(a) A citizen of Nepal,

(b) Whose name is included in the voter list of the rural municipality or municipality within the concerned province,

(c) Who has completed the age of twenty-five years,

(d) Who is not disqualified by any law, and

(e) Who does not hold any office of profit. Explanation: For the purpose of clause (e), "office of profit" means, other than a political office filled by election or nomination, any other office whose holder receives remuneration or financial benefit from a government fund. 13.
Provincial Assembly Member Election Act, 2017

Explanation: For the purpose of clause (e), "office of profit" means, other than a political office filled by election or nomination, any other office whose holder receives remuneration or financial benefit from a government fund. 13. Disqualification of Candidate: Notwithstanding anything contained elsewhere in this Act, the following persons shall be deemed disqualified to be a candidate in the election: -

(a) Who does not possess the qualification pursuant to Section 12,

(b) Who is serving in the Government of Nepal, Provincial Government or local level, or in an institution owned or controlled by the Government of Nepal, Provincial Government or local level, or receiving a grant from the Government of Nepal, Provincial Government or local level, and receiving remuneration,

(c) Who has been sentenced under the prevailing law relating to election and two years have not elapsed from the date of serving such sentence,

(d) Who has been sentenced for an offense relating to corruption, rape, human trafficking and transportation, sale and distribution or export or import of narcotic drugs, money laundering, misuse of passport, abduction, or other criminal offense involving moral turpitude, or has been sentenced to life imprisonment or imprisonment for twenty years or more for any offense, and such judgment has become final,

(e) Who has been sentenced to imprisonment for an offense relating to organized crime or sentenced to imprisonment for less than twenty years for an offense relating to culpable homicide, and six years have not elapsed from the date of serving such sentence,

(f) Who has been sentenced to imprisonment for an offense relating to untouchability and discrimination, witchcraft, or polygamy, and three years have not elapsed from the date of serving such sentence,

(g) Who has been sentenced to imprisonment for five years or more for an offense other than those mentioned in clauses (d) and (e), and six years have not elapsed from the date of serving such sentence,

(h) Who is on the blacklist pursuant to prevailing law, during such period,

(i) Who is in imprisonment, during the period of imprisonment,

(j) Who is mentally unsound. 14. Not to be a Candidate Twice: (1) In an election held under the first-past-the-post electoral system, a person may file candidacy for only one constituency at a time.
Provincial Assembly Member Election Act, 2017

14. Not to be a Candidate Twice: (1) In an election held under the first-past-the-post electoral system, a person may file candidacy for only one constituency at a time. If a person becomes a candidate in more than one constituency in such manner, the Commission shall cancel his/her candidacy for all constituencies.

(2) A person whose name is included in the closed list for the proportional electoral system shall not be a candidate for the first-past-the-post electoral system, and the name of a person who is a candidate for the first-past-the-post electoral system shall not be included in the closed list for the proportional electoral system.

(3) If the name of the same person is included in the closed list of more than one party for the proportional electoral system, the Commission shall remove the name of such person from the closed lists of all such parties.

(4) Where the date of election is fixed so that the election of the House of Representatives and the Provincial Assembly is held on the same date, if a person is a candidate in the election of both the House of Representatives and the Provincial Assembly, the Commission shall cancel his/her candidacy for both elections. 15.
Provincial Assembly Member Election Act, 2017

15. Authority to Decide on Disqualification of Candidate: (1) If, after the nomination for candidacy for member has been filed but before the declaration of the election result, any person believes that a candidate is disqualified or has become disqualified, a complaint may be filed with the Commission through the concerned Election Officer along with clear evidence on the matter.

(2) Upon receipt of a complaint under Sub-section (1), the Election Officer may give such candidate a period of seven days to submit an explanation in that regard.

(3) After receiving the explanation under Sub-section (2), or if no explanation is received within the period, the Election Officer shall, as soon as possible, forward the complaint filed under Sub-section (1) and related documents to the Commission, mentioning the same facts.

(4) After receiving the documents along with the complaint under Sub-section (3), the Commission may, if it deems necessary, inquire with the concerned candidate or call for additional evidence on the matter.

(5) The Commission shall, by examining the documents along with the complaint received from the Election Officer under Sub-section (3), make a decision regarding the disqualification of the candidate within seven days from the date of receipt of the complaint.

(6) The procedure to be adopted by the Commission while deciding on the disqualification of a candidate under Sub-section (5) shall be as determined by the Commission.

(7) Notwithstanding anything contained elsewhere in this Section, the mere fact that the Commission has not made a decision regarding the disqualification of a candidate under this Section shall not affect the work and proceedings of such election. 16. Vacation of Office: (1) If it is determined by the Court that a person elected to the office of a member is disqualified pursuant to Section 13, such person shall vacate that office.

(2) The Commission shall inform the concerned person of the vacation of office under Sub-section (1).

(3) Provisions relating to filing a complaint in Court regarding the disqualification of a person elected to the office of a member shall be as prescribed.

(4) A notice of vacation of office of a member under Sub-section (1) shall be published in the Nepal Gazette. 17. Calculation of Age of Candidate: For the purpose of being a candidate in the election, in calculating the age of the candidate, in the case of the first-past-the-post electoral system, the candidate must have completed the age of twenty-five years by the date of filing the nomination paper, and in the case of the proportional electoral system, by the date of submission of the closed list of candidates. 18.
Provincial Assembly Member Election Act, 2017

18. Nomination of Candidates: (1) A person who is not disqualified under Section 13 may be a candidate or may be nominated as a candidate in the election as prescribed.

(2) While nominating a candidate under Sub-section (1), there shall be one proposer and one seconder. Such proposer and seconder shall be persons whose names are registered in the voter list of the same constituency.

(3) Where a person is proposed as a candidate under Sub-section (2), such candidate shall sign the nomination paper indicating his/her consent.

(4) In relation to a candidate set up by a political party, an official letter given by the officer pursuant to Sub-section (1) of Section 19 on behalf of such party shall be submitted along with the nomination paper.

(5) A copy of such official letter given to the candidate by the officer under Sub-section (4) shall also be sent to the Election Officer.

(6) If a nomination paper is filed without complying with the procedure under Sub-section (4), such candidate shall not be recognized as the candidate of that party.

(7) A person may be nominated by a maximum of two nomination papers for the election. 19. Provision Relating to Officer Authorized to Provide Official Letter of Nomination: (1) A political party shall designate an office bearer of its central executive committee or a committee equivalent thereto, or the provincial committee, to provide the official letter of nomination on behalf of the party.

(2) The name, surname, post and specimen signature of the office bearer under Sub-section (1) shall be certified by the office bearer of that committee designated by the central executive committee or the committee equivalent thereto of such party, and shall be made available to the Commission within the period prescribed by the Commission before the date of filing nomination papers for candidates.

(3) The Commission shall forward the details including specimen signatures under Sub-section (2) to the concerned Election Officer before the date fixed for filing nomination papers. 20.
Provincial Assembly Member Election Act, 2017

20. Registration of Nomination Paper: (1) The nomination paper of a candidate shall be submitted to the concerned Election Officer by the candidate himself/herself or by his/her representative, proposer or seconder.

(2) The Election Officer shall examine whether the nomination paper submitted under Sub-section (1) is in proper form as per this Act, and if it is in proper form, register it and issue a receipt to the person bringing it for registration.

(3) If a nomination paper is brought for registration without a proposer or seconder, with a duplicate proposer or seconder, without a deposit receipt under this Act, without the signature of the proposer, seconder or the person intending to be a candidate, or with other procedural defects, the Election Officer shall have such defects corrected and register such nomination paper. If any person does not wish to correct the procedural defects and still wants the nomination paper registered, the Election Officer shall mention the same on the nomination paper and give notice thereof to the person submitting the nomination paper.

(4) Other documents to be submitted along with the nomination paper shall be as prescribed.

(5) After the time for filing nomination papers expires, the Election Officer shall publish a list of candidates whose nomination papers have been registered, at the date, time and place specified in the notice of the election programme. 21. Right to Make Claims and Objections: Any candidate or his/her representative wishing to make a claim or objection regarding the qualification of any candidate whose nomination paper has been registered under Section 20 may file a complaint with the Election Officer at the date, time and place specified in the notice of the election programme. 22. Scrutiny of Nomination Papers: (1) While scrutinizing the nomination papers registered under Section 20, the candidate or his/her representative, proposer or seconder shall be present at the date, time and place specified in the notice of the election programme.

(2) The Election Officer shall scrutinize the nomination papers of all candidates in the presence of the persons mentioned in Sub-section (1).
Provincial Assembly Member Election Act, 2017

Provided that this Sub-section shall not be deemed to prevent the scrutiny and decision according to law on the matter even if any candidate, his/her proposer, seconder or representative required to be present is not present.

(3) The Election Officer may suspend the proceedings relating to the scrutiny of nomination papers to be conducted under this Section in the following circumstances, and shall inform the Commission of such suspension: -

(a) If a riot or other abnormal situation occurs at the place during the time of scrutiny of nomination papers, or

(b) If a situation beyond control arises due to natural disaster.

(4) If the proceedings relating to the scrutiny of nomination papers are suspended under Sub-section (3), the Election Officer shall, based on any direction given by the Commission, fix a time and place and scrutinize the nomination papers as soon as possible.

(5) Other provisions relating to the scrutiny of nomination papers shall be as prescribed. 23. Grounds for Rejection of Nomination Paper: (1) A nomination paper shall be rejected in the following circumstances: -

(a) If the candidate does not possess the qualification pursuant to the Constitution and this Act,

(b) If the consent of the person intending to be a candidate is not obtained, or if the signature of such person, proposer or seconder is missing, or if the signature is forged,

(c) If the nomination paper is not registered within the time specified pursuant to Sub-section (2) of Section 7,

(d) If the nomination paper is not filed as per Sections 18, 19 and 20,

(e) If the deposit is not made pursuant to Section 70,

(f) If other procedures under this Act are not complied with.

(2) If a candidate whose name is included in the closed list for the proportional electoral system, contrary to Sub-section (2) of Section 14, becomes a candidate for the first-past-the-post electoral system, his/her nomination paper for the first-past-the-post electoral system shall be rejected. 24. List of Candidates: After completing the scrutiny of nomination papers, the Election Officer shall prepare a list of candidates according to the nomination papers found to be in proper form according to law, and publish a copy thereof in his/her office. 25.
Provincial Assembly Member Election Act, 2017

24. List of Candidates: After completing the scrutiny of nomination papers, the Election Officer shall prepare a list of candidates according to the nomination papers found to be in proper form according to law, and publish a copy thereof in his/her office. 25. Withdrawal of Names: (1) If any candidate for the first-past-the-post electoral system wishes to withdraw his/her name from the list of candidates, he/she may withdraw his/her name by giving written notice to the Election Officer within the time specified pursuant to Sub-section (2) of Section 7.

(2) The notice of withdrawal of name under Sub-section (1) shall be filed by the candidate himself/herself or by his/her representative.

(3) After the notice of withdrawal of name under Sub-section (1) is filed with the Election Officer, such notice shall not be cancelled or withdrawn.

(4) If the Election Officer is satisfied about the notice filed under Sub-section (1) or (2), he/she shall remove the name of such candidate from the list of candidates. The Election Officer shall immediately publish the notice of such removal in his/her office.

(5) If the office bearer designated under Sub-section (1) of Section 19 to provide the official letter of nomination on behalf of a party sends a letter to the Election Officer within the time specified under Sub-section (2) of Section 7 to withdraw the name of any candidate who filed candidacy on behalf of such party, such person shall not be retained as a candidate. 26. Final List of Candidates: (1) After the time specified for withdrawal of names under Sub-section (2) of Section 7 expires, the Election Officer shall prepare a list of the remaining candidates and immediately publish a copy in his/her office, and send a copy thereof to the Commission.

(2) In the list under Sub-section (1), the names of candidates shall be written in Nepali alphabetical order, and if any candidate is nominated on behalf of a party, the name of such party shall also be mentioned in the address of the candidate. 27. Unopposed Election: If only one candidate remains for any constituency under the first-past-the-post electoral system, the Election Officer shall declare such candidate elected unopposed to that office. 28.