chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Cooperatives Act, 2017

126. Freezing/Seizure: (1) In addition to imposing a fine under Section 125, the Registrar or an officer authorized by the Registrar may, for a period of up to three months, freeze the transactions, assets, and bank accounts of such cooperative society and recommend to the concerned body to freeze the assets.

(2) Upon receipt of a recommendation under sub-section (1), the transactions, assets or bank accounts of such cooperative society shall be frozen, and information thereof shall be provided to the Registrar or an officer authorized by the Registrar. 127. Double Fine: Deleted by the Some Nepal Acts Amendment Act, 2075. If a person or cooperative society fined under Section 125 again commits the same offence, the Registrar or an officer authorized by the Registrar shall impose a double fine for each subsequent occasion from the second time onwards. 128. Nepal Rastra Bank may impose punishment: (1) Notwithstanding anything contained elsewhere in this Act, Nepal Rastra Bank may impose the following punishments on a Cooperative Bank that violates any condition stipulated at the time of granting a license, any order issued from time to time, or any directive given during inspection, supervision, or regulation:-

(a) Caution or issue a written warning,

(b) Require the Board of Directors to execute a bond/undertaking to take corrective action,

(c) Issue a written order to cease repeated violations, refrain therefrom, and take corrective action,

(d) Impose partial or complete restriction on transactions,

(e) Suspend or revoke the license of the institution.

(2) If a director or employee of a Cooperative Bank violates any order, directive, or license condition issued by Nepal Rastra Bank, fails to provide documents, details, data, or records requested during inspection and supervision within the specified time, or acts against the interest of depositors or members, Nepal Rastra Bank may impose the following punishments on such director:-

(a) Caution or admonition,

(b) Suspend,

(c) Impose a fine of up to five lakh rupees,

(d) Order the committee to withhold all facilities including salary and allowances,

(e) If such person is a director, order for removal from the post, or if an employee, order the concerned committee to take action according to the law relating to terms of service of such employee.

(3) When imposing punishment on any person under this section, a reasonable opportunity shall be given to such person to present a defense. 129.
Cooperatives Act, 2017

129. Power to refer for investigation: The Ministry, Nepal Rastra Bank, the Registrar, or an officer authorized by the Registrar may, in the course of performing their duties, powers, and functions under this Act, if they become aware that any person has committed an offence under Section 122, refer the matter to the concerned body in writing for investigation under this Act. 130. Government of Nepal to be the plaintiff: The case relating to an offence punishable under Section 124 shall have the Government of Nepal as the plaintiff, and such case shall be deemed to be included in Schedule-1 of the Government Cases Act, 2049. 131. Authority to hear the case: The proceedings and adjudication of the case relating to an offence punishable under Section 124 shall be conducted by the concerned District Court. Added by the Act to Amend Some Nepal Acts Relating to Cooperatives, 2081.131a. Settlement may be allowed: (1) If a case is filed under Section 130 against the defendant on the ground of failure to pay the depositor’s savings amount, misappropriation of savings amount, or cooperative fraud, and such case is sub judice in court, or in other criminal cases where settlement is permissible under prevailing law, a settlement may be made upon submission of an application stating that the member’s savings amount or the misappropriated savings amount has been returned and requesting settlement.

(2) Notwithstanding anything contained in sub-section (1), no settlement shall be allowed in cases relating to organized crime, money laundering, and other criminal offences where settlement is not permissible under prevailing law.

(3) The settlement under sub-section (1) may also be made at the stage of execution of the judgment, and upon such settlement, the defendant shall not be required to pay the imposed punishment, fine, or loss amount, and the term of imprisonment shall also be expunged.

(4) When settling a case under sub-section (1), if the movable and immovable property of the defendant needs to be released from attachment, the concerned court shall implement the settlement by releasing such property as well.

(5) When settling under sub-section (1), the opinion of the government attorney shall be obtained.

(6) When settling under sub-section (1), if there is more than one defendant, and the loss attributable to the concerned defendant is ascertained, a settlement may be made by paying the loss relating to one’s own share.

(7) When settling under sub-section (1), the procedure mentioned in the National Criminal Procedure Code, 2074 shall be followed. 132.
Cooperatives Act, 2017

132. Limitation for filing a complaint: (1) A person who becomes aware that someone has committed or is about to commit an offence punishable under Section 124 shall file a complaint within amended by the Act to Amend Some Nepal Acts Relating to Cooperatives, 2081.one year from the date of such knowledge.

(2) A person who becomes aware that someone has committed an act liable to a fine under Section 125 shall file a complaint with the Registrar or an officer authorized by the Registrar within ninety days from the date of such knowledge. 133. Right to appeal: (1) A person aggrieved by a decision to refuse registration of a cooperative society under Section 16 or to cancel the registration of a cooperative society under Section 88 may, within thirty-five days from the date of receipt of information of such decision, appeal against the decision of the officer authorized by the Registrar to the Registrar, and against the decision of the Registrar to the Secretary of the Ministry.

(2) A person aggrieved by a fine under Section 125 or a punishment under clauses (gha) and (ṅa) of sub-section (1) of Section 128 and clauses (ga), (gha) and (ṅa) of sub-section (2) of the same section may, within thirty-five days from the date of receipt of information of such decision, appeal as follows:-

(a) Against a decision made by an officer authorized by the Registrar, to the concerned District Court,

(b) Against a decision made by the Registrar and Nepal Rastra Bank, to the concerned High Court. 134. Recovery: If any person fails to pay a fine or any amount payable under this Chapter, such fine or amount shall be recovered from such person as a government due. Chapter-20

Miscellaneous

135.
Cooperatives Act, 2017

134. Recovery: If any person fails to pay a fine or any amount payable under this Chapter, such fine or amount shall be recovered from such person as a government due. Chapter-20

Miscellaneous

135. Special provisions relating to operation of institutions: (1) Notwithstanding anything contained elsewhere in this Act, an institution like Sajha Yatayat, Sajha Prakashan, Sajha Swasthya Sewa, Sajha Bhandar, Sajha Sewa, which at the time of commencement of this Act is under the ownership or control of the Government of Nepal, Provincial Government, or Local Level, or under the ownership or control of the National Cooperative Development Board, and in which the Government of Nepal holds fifty-one percent shares, shall not sell, mortgage, or lease out for a period of five years or more its houses, land, and other similar immovable property without the approval of the Government of Nepal.

(2) The Government of Nepal, Provincial Government, or Local Level shall give priority to the provision of goods or services provided by the institutions referred to in sub-section (1), and may also provide financial assistance to and collaborate with such institutions.

(3) Notwithstanding anything contained elsewhere in this Act, other provisions relating to the operation and management of the institution referred to in sub-section (1) shall be as prescribed. Added by the Act to Amend Some Nepal Acts Relating to Cooperatives, 2081.135a.
Cooperatives Act, 2017

Added by the Act to Amend Some Nepal Acts Relating to Cooperatives, 2081.135a. Committee may be formed to return savings amount: (1) Notwithstanding anything contained elsewhere in this Act, if a cooperative society is unable to return the savings amount to its members due to reasons including failure to recover loans, if the Board of Directors acts against the interest of members, or if a majority of the directors of the Board are absent from the institution, or if the general meeting cannot be held as per this Act resulting in failure to return the members' savings amount, at least fifteen percent of the members of the institution may submit an application to the concerned cooperative oversight body for approval to form a Savings Return Committee and operate the institution for the purpose of taking over the institution's assets and returning the members' savings amount.

(2) Upon receipt of an application under sub-section (1), the concerned cooperative oversight body shall maintain records and grant approval to form such a committee and operate the institution.

(3) After obtaining approval under sub-section (2), the members submitting the application under sub-section (1) shall form a Savings Return Committee and immediately inform the concerned cooperative oversight body about the operation of the institution.

(4) The committee formed under sub-section (3) shall hold a general meeting within six months of its formation.

(5) The committee under sub-section (3) shall exercise the powers and perform the duties vested in the committee under this Act.

(6) When returning the savings amount of members, the committee under sub-section (3) shall return the savings amount subject to Section 108ka.

(7) The committee formed under sub-section (3) shall separately prepare and safely maintain records of the amount recovered from debtors, income from movable and immovable assets of the institution, and the details of savings amounts returned to depositors for the purpose of returning savings amounts to depositor members, and shall submit such details to the concerned cooperative oversight body every three months.

(8) Upon receipt of the details under sub-section (7), the concerned cooperative oversight body may issue necessary directives to the committee formed under sub-section (3).

(9) The amount recovered from debtors under sub-section (7), income from movable and immovable assets of the institution, and proceeds from the sale of the institution's assets shall be deposited in a separate account opened in a Class "A" bank licensed under the prevailing law relating to banks and financial institutions, and the savings amount of depositor members shall be paid from that account.

(10) Notwithstanding anything contained elsewhere in this Act, a member of the committee under sub-section (3) shall not be held liable for any acts or actions done contrary to this Act prior to assuming responsibility under this section, and no legal action shall be taken against him/her in that regard.
Cooperatives Act, 2017

136. Exercise of voting right: (1) No matter how many shares a member has purchased in a cooperative society, he/she may exercise his/her voting right in the operation of the concerned cooperative society on the basis of one member, one vote.

(2) Notwithstanding anything contained in sub-section (1), in the case of a union, more than one representative may be sent for the purpose of attending the general meeting as prescribed, and the provisions relating to sending representatives shall be as prescribed.

(3) Notwithstanding anything contained in sub-section (2), more than one person from a single institution or union shall not be elected to the committee or audit supervision committee of the concerned union. 137. May conduct social audit: (1) A cooperative society may conduct a social audit on matters including decisions and actions taken by the committee to achieve the objectives mentioned in the bylaws, services received by members and the level of satisfaction, and positive changes in the economic, social, cultural and environmental aspects of members' living standards resulting from receiving services.

(2) The report of the social audit conducted under sub-section (1) shall be presented by the committee to the general meeting for discussion.

(3) The general meeting may, after discussing the social audit report presented under sub-section (2), issue directives to the committee as necessary.

(4) One copy of the social audit report under this section shall be submitted by the concerned cooperative society to the Registrar or an officer authorized by the Registrar, and in the case of a Cooperative Bank also to Nepal Rastra Bank. 138. Cooperative education: (1) The Government of Nepal may include basic cooperative knowledge in the school level curriculum and also provide necessary support to establish a cooperative school or a cooperative faculty or school of cooperative under a university.

(2) Other provisions relating to cooperative education, including accreditation of cooperative institutions or bodies conducting cooperative educational activities, shall be as prescribed. 139. Not to provide financial assistance: No fund of a cooperative society shall be provided as financial assistance to anyone other than a member, except for social work. Explanation: For the purpose of this section, "social work" means work related to education, health, environmental protection, humanitarian aid, and promotion of cooperatives. 140. May conduct inter-cooperative transactions: (1) Notwithstanding anything contained elsewhere in this Act, cooperative societies may conduct inter-cooperative transactions among themselves.

(2) The procedure for inter-cooperative transactions shall be as prescribed. 141. Tax provisions: Notwithstanding anything contained elsewhere in this Act, cooperative societies conducting financial transactions within the metropolitan, sub-metropolitan, and municipality areas shall be subject to tax of ten percent, seven percent, and five percent respectively.
Cooperatives Act, 2017

141. Tax provisions: Notwithstanding anything contained elsewhere in this Act, cooperative societies conducting financial transactions within the metropolitan, sub-metropolitan, and municipality areas shall be subject to tax of ten percent, seven percent, and five percent respectively. Provided that, cooperative societies conducting financial transactions within the rural municipality area shall not be subject to tax. 142. Not to award contracts: A cooperative society shall not award any contract of the society to a director of its committee, or to the coordinator or member of its audit supervision committee, or to its employee. 143. Dispute resolution: If any dispute arises among cooperative societies, a dispute resolution committee may be formed as prescribed for the resolution of such dispute. 144. May provide incentives: An individual, cooperative society, or other body making a significant contribution to the promotion of the cooperative sector may be incentivized as prescribed. 145. Departmental action to be taken: An employee who makes malafide use of the powers mentioned in this Act and the rules made under this Act shall be subject to departmental action according to the prevailing law. 146. Recovery as government due: If any government grant or any service facility received by a cooperative society is found to have been misused, it shall be recovered as a government due according to the prevailing law. 147. Prevailing Company Act not to apply: The prevailing Act relating to companies shall not apply to a cooperative society registered under this Act. 148. No bar to action under prevailing law: Nothing contained in this Act shall be deemed to prevent the filing of a case in court against any person under the prevailing law. 149. Power to make rules: The Government of Nepal may make necessary rules for the implementation of this Act. Amended by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.150.
Cooperatives Act, 2017

149. Power to make rules: The Government of Nepal may make necessary rules for the implementation of this Act. Amended by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.150. Special provisions relating to regulation, monitoring and supervision: (1) The regulation, monitoring and supervision of a cooperative society registered at the local level and having an annual transaction of up to twenty-five crore rupees shall be carried out by the concerned local level.

(2) The regulation, monitoring and supervision of a cooperative society registered at the local level and having an annual transaction of more than twenty-five crore rupees up to fifty crore rupees, and a cooperative society registered at the province level and having an annual transaction of up to fifty crore rupees, shall be carried out by the concerned province.

(3) The regulation, monitoring and supervision of a cooperative society registered at the local level or province level and having an annual transaction of more than fifty crore rupees, and a cooperative society registered with the department, shall be carried out by the department.

(4) The regulation, monitoring and supervision of a cooperative society whose area of operation covers two or more local levels or provinces and which has an annual transaction as per sub-section (1) or (2) shall be carried out by the local level or province where the central office of such society is located.

(5) Notwithstanding anything contained in sub-section (1) or (2), if a request is made by the concerned local level or province to carry out regulation, monitoring and supervision of any cooperative society on a risk basis, the department may carry out regulation, monitoring and supervision of such society.

(6) In addition to sub-sections (1), (2), (3), (4) or (5), Nepal Rastra Bank shall also carry out regulation, inspection and supervision of a cooperative society having a share capital of more than fifty crore rupees or having an annual transaction equivalent to that amount, on the basis of financial governance and risk, upon the request of the department.

(7) Notwithstanding anything contained elsewhere in this Act, if a complaint or grievance is received regarding non-compliance with this Act or the regulations, procedures, directives, guidelines or instructions issued under this Act, the department may carry out regulation, monitoring and supervision of any cooperative society.

(8) The department may, through a committee consisting of representatives of bodies as prescribed according to the nature of the cooperative society's work and subject matter experts, cause regulation, monitoring and supervision of such society to be carried out. Added by the Some Nepal Acts Amendment Act, 2075.150ka.
Cooperatives Act, 2017

Added by the Some Nepal Acts Amendment Act, 2075.150ka. Must comply with directive on prevention of money laundering: (1) A cooperative society shall comply with the directives issued by the body under the prevailing law relating to the prevention of money laundering, terrorist activities, or the manufacture and proliferation of weapons of mass destruction or financial investment therein, as amended by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080..

(2) The provision under sub-section (1) shall apply equally to cooperative societies registered or operated under provincial or local cooperative laws.

(3) The provincial government or local level shall ensure that the directive under sub-section (1) is applied to cooperative societies registered or operated under sub-section (2). Added by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(4) Regarding compliance or non-compliance with the directive issued under sub-section (1), the Registrar or an officer authorized by the Registrar may, on a risk basis, monitor, inspect, and take necessary action and impose punishment as per the prevailing law. 151. May formulate and implement standards, directives or procedures: (1) The Ministry may, subject to this Act or the rules made under this Act, formulate and implement standards, directives or procedures as necessary to conduct in an organized and effective manner the work including registration, operation, inspection and monitoring of cooperative societies. Added by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(1ka) Nepal Rastra Bank shall formulate and issue standards relating to regulation, inspection and supervision of cooperative societies conducting main business of savings and loans.

(2) While formulating standards under sub-section (1), separate standards may be formulated for institutions or unions conducting main business of savings and loans based on internationally recognized standards adopted for the security of members' savings and institutional sustainability.

(3) While formulating standards under sub-sections (1) and (2), consultation with Nepal Rastra Bank and other concerned bodies may be taken as necessary. 152. Repeal and saving: (1) The Cooperative Act, 2048 is hereby repealed.

(2) All acts and actions done under the Cooperative Act, 2048 shall be deemed to have been done under this Act.
Public Roads Act, 1974

Public Road Act, 2031 (1974)

Royal Seal and Publication Date
2031.6.20.1

Amending Acts

1. Public Road (First Amendment) Act, 2035 (1978) 2035.5.21
2. Public Road (Second Amendment) Act, 2046 (1989) 2046.7.11
3. Administration of Justice Act, 2048 (1991) 2048.2.16

Certification and Publication Date

4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.07
5. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
6. Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075 (2018) 2075.11.19

Act No. 21 of the Year 2031 (1974)



An Act Made to Provide for Construction, Maintenance and Expansion of Public Roads

Preamble: Whereas, it is expedient to classify all types of public roads, to acquire land required for their construction, maintenance, expansion or improvement, to provide for the distribution of reasonable compensation therefor, and also to make provision for the collection of development tax from the owners of land adjacent to the road who benefit from the public road, in order to maintain the convenience and economic interest of the general public;

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

1. Short Title, Extent and Commencement: (1) This Act may be called the "Public Road Act, 2031 (1974)".

(2) This Act shall extend to the whole of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) Chapter 4 of this Act shall come into force in the specified area or region from the date appointed by the Government of Nepal by notification published in the Nepal Gazette, and the other sections shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Public Road" means a road which is not in the private use of anyone, and the term also includes all types of bridges, causeways, culverts, Added by the Second Amendment. cycle paths and footpaths on such road.

(b) "Road Boundary" means the public road and the area of land on the left and right of the center line of such road specified pursuant to Section 3.

(c) "Land" means any land, and the term also includes huts, houses, buildings, trees, etc., situated on such land and things permanently attached thereto.

(d) Amended by the First Amendment. "Local Authority" means the authority appointed by the Government of Nepal, and if no such authority is appointed, it means the Chief District Officer.

(e) "Road Department" means the Road Department of the Government of Nepal.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.
Public Roads Act, 1974

Chapter 2
Classification of Public Roads, Road Boundary and Acquisition of Land

3. Classification of Public Roads and their Road Boundary: The Government of Nepal shall, by notification published in the Nepal Gazette, classify the public roads as follows and specify the road boundary on both the left and right sides from the center line of such road, not exceeding thirty-one meters. Provided that, for the entire length of the same type of road, due to topography and settlement, such road boundary may be Amended by the Second Amendment. reduced, or necessary boundaries including four boundaries may be fixed for the safety of bridges and the riverbank around the bridge.

(a) Highway,
(b) Feeder Road,
(c) District Road, and
(d) Urban Road. 3A. Added by the First Amendment. Prohibition of Building Construction, etc., within Prescribed Distance: (1) Where a road boundary has been specified pursuant to Section 3, the Government of Nepal may, by notification published in the Nepal Gazette, prohibit any person from constructing any type of permanent structure or building, except a boundary wall, within the distance prescribed not exceeding 6/6 meters from the road boundary, or if the road boundary has not been specified, from the edge of the public road. Added by the Second Amendment. Provided that in areas where urban development plans are in force, it shall be as per the provisions of the prevailing Nepal law relating thereto.

(2) If any person constructs any type of permanent structure or building within the distance prohibited pursuant to Sub-section (1), such structure or building may be demolished by order of the Road Department. The expenses incurred in demolishing such structure or building may also be recovered from the concerned person by the Road Department. 3B. Added by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Classification of Roads: The Government of Nepal may, by notification published in the Nepal Gazette, classify roads as follows:-

(a) National Highway,
(b) Provincial Highway,
(c) Local Road,
(d) Rural Road,
(e) Urban Road,
(f) Agricultural Road, and
(g) Other roads as prescribed. 4. Amended by the First Amendment. Acquisition of Land for Public Road and Road Boundary: If it is necessary to acquire any land for the construction, expansion or improvement of a public road or for the purpose of the road boundary, the Government of Nepal may acquire land in accordance with the prevailing law relating to land acquisition. 5. Repealed by the First Amendment. 6. Repealed by the First Amendment. 7. Repealed by the First Amendment. 8. Repealed by the First Amendment. 9. Repealed by the First Amendment. 10. Repealed by the First Amendment. 11. Repealed by the First Amendment. 12.
Public Roads Act, 1974

5. Repealed by the First Amendment. 6. Repealed by the First Amendment. 7. Repealed by the First Amendment. 8. Repealed by the First Amendment. 9. Repealed by the First Amendment. 10. Repealed by the First Amendment. 11. Repealed by the First Amendment. 12. Repealed by the First Amendment. 13. Repealed by the First Amendment. Chapter 3
Supervision, Maintenance and Other Provisions Relating to Public Roads

14. Acquisition of Other Land During Road Construction, Expansion or Improvement: (1) Until the work of construction, expansion or improvement of a public road is completed, the Road Department may temporarily acquire any land for the following purposes:-

(a) For storing construction materials and equipment necessary for the construction, expansion or improvement of such road, or for building houses or sheds for persons supervising or controlling such construction, expansion or improvement work,

(b) To maintain traffic on such road until the construction, expansion or improvement work is completed, or to construct a temporary separate road required for transporting materials or equipment related thereto until the construction is completed.

(2) For the purpose mentioned in Sub-section (1), except in special circumstances, the following houses or land shall not be acquired:-

(a) A house, hut or building used by any person for his residence,
(b) Land being used for a temple, school, hospital, rest house or orphanage.

(3) After the work for which the land acquired under Sub-section (1) was acquired is completed, such land shall, as far as possible, be returned to the concerned landowner or his successor in the same condition as at the time of acquisition. 15.
Public Roads Act, 1974

15. Compensation for Acquired Land and its Determination: (1) Except in the following circumstances, no compensation shall be paid for the acquisition of any land under Section 14:-

(a) For the acquisition of any land including a house, hut or building, compensation for the loss of the owner of such house, hut or building due to being unable to use it,
(b) If any land is acquired exceeding the sowing time for crops, the loss suffered by the concerned landowner due to not being able to cultivate such crops,
(c) The amount which the person receiving back such land has to bear to restore the land to its condition at the time of acquisition due to the construction of a temporary road or the placement of construction materials on the acquired land.

(2) The amount of compensation under Sub-section (1) shall be determined as follows:-

(a) If there is an agreement between the Road Department and the concerned landowner, according to that agreement,
(b) If no agreement can be reached under Clause (a), it shall be determined by arbitration, and for that purpose, the following arbitrators shall be:-

Amended by the Some Nepal Acts Amendment Act, 2072.(1) A member of the concerned Municipality designated by the Mayor, or the Chairperson of the concerned Rural Municipality,
(2) The Chief District Officer, and
(3) The Head of the Land Administration Office or the Revenue Office. 16. Planting Trees on the Left and Right of the Road and their Maintenance: (1) Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. The Road Department, the concerned Provincial Government, Rural Municipality or Municipality shall plant trees on the left and right of the public road as necessary.

(2) The duty of maintenance and protection of the trees planted under Sub-section (1) shall be of the concerned Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality or Municipality.

(3) The responsibility for trimming the trees planted under Sub-section (1) or removing them if they obstruct traffic shall vest in the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality. Added by the Second Amendment.(4) Notwithstanding anything contained in Sub-sections (1), (2) and (3), the Road Department may cause the works mentioned in those sub-sections to be done by any other person or entity as prescribed. Added by the Second Amendment.16A.
Public Roads Act, 1974

Added by the Second Amendment.(4) Notwithstanding anything contained in Sub-sections (1), (2) and (3), the Road Department may cause the works mentioned in those sub-sections to be done by any other person or entity as prescribed. Added by the Second Amendment.16A. Determination of Weight Limit: The Government of Nepal may, by notification published in the Nepal Gazette, specify the weight limit that a public road can bear and prohibit the operation of vehicles exceeding such specified weight limit on such public road. 17. Taking Soil, Stone or Sand from Adjacent Land: (1) If it is necessary to take soil, stone or sand from any adjacent land for the construction, repair or maintenance of a public road, soil, stone or sand may be taken in the required quantity as directed by the Road Department. If any crop, tree, plant or other thing is damaged while taking soil, stone or sand from such land, compensation shall be paid. Added by the First Amendment. If a pit is created while taking soil, stone or sand from such land, compensation for the amount required to fill such pit shall be paid.

(2) Notwithstanding anything contained in Sub-section (1), if soil, stone or sand must be taken from land immediately adjacent to a house, soil, stone or sand shall not be taken from such land without obtaining the consent of the concerned house owner. 18. Power to Remove Goods Obstructing Traffic on Public Road: (1) If any person abandons, keeps or throws any goods on a public road, thereby causing any obstruction to the traffic on such road, the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality may issue an order in the name of the concerned person specifying a reasonable period for the removal of such goods.

(2) If the goods are not removed within the period specified in the order issued under Sub-section (1), or if the owner is not found, the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality may have the goods placed at the side of the road or taken elsewhere to be kept in its custody.

(3) Notwithstanding anything contained in Sub-section (1), if any goods abandoned, kept or thrown on a public road completely obstruct the traffic on such road, the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075.
Public Roads Act, 1974

Road Department, the concerned Provincial Government, Rural Municipality or Municipality shall have the right to immediately remove such goods from the road.

(4) If, apart from the goods mentioned in Sub-section (1), any thing or door or tree branch or creeper or wire placed, fixed or built protruding towards the road from any house or wall to the left or right of the public road is found to obstruct the traffic on such road, the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality may issue an order in the name of the concerned person specifying a reasonable period to remove such obstruction or to adjust it so as not to cause obstruction, and such order may also specify the manner of keeping, building or fixing the concerned thing or door and the height to be maintained after trimming the tree or creeper. Provided that, if any thing or door built or existing before the commencement of this Act needs to be removed, compensation therefor shall be paid, and if any alteration is required, the expenses incurred therefor shall be borne by the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality.

(5) A person who is unable to do the work mentioned in the order within the period specified in the order issued under Sub-section (4) and wishes to extend the period may submit an application stating the reasons to the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality, and in such case, the Road Department may extend the period once for as long as deemed necessary.

(6) If the work mentioned in the order is not done within the period specified under Sub-section (4) or if extended within the period extended under Sub-section (5) as well, the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality may deploy its employees or any other person to carry out the work mentioned in such order. Added by the First Amendment. In such case, the concerned person shall not be entitled to claim compensation or expenses as per the proviso to Sub-section (4). Amended by the Second Amendment.19.
Public Roads Act, 1974

Added by the First Amendment. In such case, the concerned person shall not be entitled to claim compensation or expenses as per the proviso to Sub-section (4). Amended by the Second Amendment.19. Not to Do Any Work on Public Road or Road Boundary Without Permission: (1) Without obtaining permission from the Road Department, no person shall construct an approach road connecting to a public road, dig or break a pit or drain within the public road or road boundary, erect or place poles, posts, fences, etc., or build a house, hut or shed, or cultivate land within the road boundary, or do any other similar act.

(2) If any person does any act mentioned in Sub-section (1) without obtaining permission from the Road Department, the Road Department may, while also initiating any other proceedings against such person under other sections of this Act if necessary, issue an order in the name of such person specifying a reasonable period to close the approach road built without permission, fill the pit or drain dug, uproot or remove the poles, posts, fences, etc., erected or placed, or demolish the house, hut or shed built, or vacate the land cultivated.

(3) If the concerned person does not comply with the order issued under Sub-section (2), the Road Department may close the approach road built by such person, fill the pit or drain dug, uproot or remove the poles, posts, fences, etc., erected or placed, demolish the house, hut or shed built, or vacate the land cultivated, and the Road Department may recover the expenses incurred therefor from the concerned person. 20. Right to Require Deposit or Collect Fee: (1) If any person needs to dig or break a public road or road boundary for any work, permission must be obtained from the Road Department, and upon application for such permission, the Road Department may, after making necessary inquiry, grant permission upon taking a deposit of the amount of expenses required to repair the public road or road boundary so dug or broken and restore it to its original condition.

(2) When granting permission to dig a public road or road boundary under Sub-section (1), the method to be adopted for digging such road or road boundary or other conditions to be observed until the work for which the digging is done is completed may be specified, and if deemed necessary, the Road Department may also have a written undertaking obtained from the person requesting permission that he will comply with such conditions. 21. Omitted by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075.
Public Roads Act, 1974

21. Omitted by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Power to Recover Expenses: (1) The expenses incurred by the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality in clearing goods abandoned or kept on the road pursuant to Sub-section (2) of Section 18, or in carrying out any work pursuant to Sub-section (6) of the same section, may be recovered from the concerned person.

(2) The Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality shall issue a notice in the name of the concerned person specifying a period of thirty-five days for payment of the amount to be recovered under Sub-section (1). If the amount is not paid within that period, or no request for extension is made, proceedings shall be initiated for recovery as a government due.

(3) If the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department, the concerned Provincial Government, Rural Municipality or Municipality has taken under its control any goods abandoned or kept so as to obstruct traffic on a public road, such goods may be detained until the expenses incurred by Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. such Department, Government, Rural Municipality or Municipality in clearing or removing such goods are recovered. If such expenses are not recovered within one year, or if the owner of such goods is not found, such goods shall escheat to the Government of Nepal. Chapter 4

Provisions Relating to Development Tax

22. Power to Levy and Collect Development Tax: The Government of Nepal may levy and collect a development tax once on land situated on the left and right of a road constructed after this Act comes into force. 23. Land Subject to Development Tax and its Division into Sections: Amended by the First Amendment. (1) If a road boundary has been specified, land within the road boundary, and if not specified, land up to two hundred fifty meters on both sides from the edge of the road, shall be subject to development tax.
Public Roads Act, 1974

Provided that land falling within the distance prescribed for prohibiting construction of any permanent structure or building under Section 3A shall not be subject to development tax.

(2) For the purpose of determining the rate of development tax, the land under Sub-section (1) shall be divided into sections of 125 meters and classified as follows:-

(a) Section of land up to 125 meters: "Section A",
(b) Section of land from 125 meters to 250 meters: "Section B". 24. Determination of Development Tax: (1) When land is acquired under Section 5, in the area or locality where such land was valued and compensation paid, the amount equal to the following percentages of the same value shall be recovered as development tax:-

(a) For land in Section A: 20 percent,
(b) For land in Section B: 10 percent. Example:- If, upon acquiring land in one area, the value of one ropani of land was fixed at Rs. 5000 and compensation distributed, and a person liable to pay development tax in that area has a total of one and a half ropani of land, of which half a ropani falls in Section A and one ropani falls in Section B, then the amount of development tax payable by him under this section shall be as follows:-

For half a ropani of land in Section A @ 20 percent: Rs. 500/-
For one ropani of land in Section B @ 10 percent: Rs. 500/-
Total Rs. 1000/-

(2) Notwithstanding anything contained in Sub-section (1), if the Government of Nepal, taking into consideration the location of any land or for any other reason, deems it necessary to reduce the rate of development tax chargeable on such land or to exempt such land from development tax, the Government may, by notification published in the Nepal Gazette, reduce the rate or grant exemption. In relation to such reduction or exemption, the Government of Nepal shall also take into consideration the recommendation of the Compensation Determination Committee. 25. Period and Office for Paying Development Tax: (1) The development tax payable under this Act shall be paid in installments as prescribed to the prescribed office. Provided that if any person wishes to pay the entire amount of development tax payable by him in a lump sum, nothing in this section shall be deemed to prevent him from doing so.

(2) The period for paying development tax and other related procedures shall be as prescribed. 26.
Public Roads Act, 1974

Provided that if any person wishes to pay the entire amount of development tax payable by him in a lump sum, nothing in this section shall be deemed to prevent him from doing so.

(2) The period for paying development tax and other related procedures shall be as prescribed. 26. Non-Payment of Development Tax to be Recovered as Land Revenue Arrears: (1) If any person fails to pay the development tax within the period under Section 25, proceedings shall be initiated for recovery as in the case of arrears of land revenue under prevailing Nepal law.

(2) When initiating proceedings for non-payment of development tax under Sub-section (1), if the concerned land is required to be auctioned, notwithstanding anything contained in any prevailing Nepal law, such land shall be auctioned only after obtaining the approval of the Ministry of Construction and Transport of the Government of Nepal. Chapter 5

Miscellaneous

Amended by the First Amendment.27. Authority for Determining Compensation and Appeal Thereagainst: (1) The amount of compensation to be paid under Sub-section (4) of Section 17 or Sub-section (4) of Section 18 shall be as determined by the Amended by the Some Nepal Acts Amendment Act to Make Conformity with the Constitution of Nepal, 2075. Road Department or the Provincial Government in the presence of the concerned ward member of the local Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality or Municipality.

(2) A person dissatisfied with the compensation determined under Sub-section (1) may appeal to the Government of Nepal within thirty-five days from the date of receipt of notice of such compensation. Amended by the First Amendment.28. Land Acquisition Not to be Hindered by Appeal: (1) The mere filing of an appeal regarding compensation under Sub-section (2) of Section 27 shall not hinder the acquisition of land for any work under this Act. 29. Government Office to Give Notice if it Needs to Dig Road: If any office of the Government of Nepal needs to dig a public road or road boundary for any work, it shall dig only after obtaining prior permission from the Amended by the Some Nepal Acts Amendment Act, 2072. Road Department, and if the Road Department has specified any method or condition regarding such digging of the road or road boundary, the same shall also be complied with. 30. Penalties: (1) Omitted by the First Amendment.