chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Commission of Inquiry Act, 1969

Added by the First Amendment.(2a) If the Commission requests an extension of time, stating the reason for its inability to submit the report within the period specified in the notice relating to the constitution of the Commission, the necessary period may be extended.

(3) The Commission shall have all the powers of a court under the prevailing Nepal law in respect of the following matters:-

(a) summoning and examining any person on oath before the Commission,
(b) ordering any person to produce any document,
(c) receiving evidence, and
(d) requiring any government or public office or court to produce any document or a copy thereof.

(4) The Commission may fix a time limit as it deems fit for summoning any person, requiring the production of any document, or receiving evidence under sub-section (3).

(5) In addition to the powers mentioned in sub-section (3), the Commission may also exercise the following powers as necessary:-

(a) if the Commission has reason to believe that any object or document relating to the subject of investigation is with any person or in any specific place, subject to the prevailing Nepal law, to search such person or place or cause such person or place to be searched by a gazetted officer, and if found, to seize or cause to seize such object or document, or to take or cause to take a full or partial copy of such document, and
(b) to exercise other powers under the prevailing Nepal law relating to the exercise of the powers mentioned in clause (a) and sub-section (3). 5. Statement Made by Witness Before Commission Not to Be Evidence Against Him: No person shall be liable to be prosecuted or subjected to any legal proceedings in respect of any statement made by him as a witness before the Commission. Such statement shall also not be admissible as evidence against him in any other proceeding. Provided that, if any statement made by any person before the Commission is not related to the question asked by the Commission or if it is proved that the statement was made knowingly false, nothing in this section shall be deemed to prevent the institution of a case or legal proceedings against him under the prevailing Nepal law on the basis of such statement or to use such statement as evidence against him. 6. Contempt of Commission: A Commission constituted under this Act may take proceedings for its contempt and, if contempt of the Commission is proved, may impose a fine of up to Rs. 500/-. However, if the accused tenders an apology satisfactory to the Commission, the Commission may pardon him or, if a penalty has been imposed, remit such penalty. 7.
Commission of Inquiry Act, 1969

500/-. However, if the accused tenders an apology satisfactory to the Commission, the Commission may pardon him or, if a penalty has been imposed, remit such penalty. 7. Dissolution of Commission: Amended by the First Amendment. (1) The Commission shall stand dissolved after the submission of the report pursuant to sub-section (2) of Section 4 or after the expiry of the period specified in the notice relating to the constitution of the Commission or, if the period has been extended pursuant to sub-section (2a) of Section 4, after the expiry of such extended period.

(2) Notwithstanding anything contained in sub-section (1), if a reasonable ground exists that the Commission has ceased to be necessary, amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075. the Commission may be dissolved at any time by publishing a notice in the Nepal Gazette in case of a Commission constituted by the Government of Nepal or in the Provincial Gazette in case of a Commission constituted by the Provincial Government, and the Commission shall be deemed to be dissolved from the date specified in such notice. 8. Procedure of Commission: Subject to this Act and the rules made under this Act, the Commission shall regulate its own procedure. Added by the First Amendment.8a. Proceedings of Commission to be Confidential: All proceedings of the Commission shall be confidential. Provided that, except for matters that would adversely affect the sovereignty, integrity or strategic importance of Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or public peace and order or good relations between various castes, ethnic groups or communities or adversely affect relations with friendly nations, the report shall be published for public information. 9. Proceedings Not to be Invalidated: No proceedings of the Commission shall be deemed to be invalidated merely by reason of the vacancy or absence of any member of the Commission. 10. Protection for Acts Done in Good Faith: No suit or legal proceedings shall lie against the Government of Nepal, the Commission, any member of the Commission, or any person acting on the direction of the Commission for any act done or intended to be done in good faith under this Act or the rules made under this Act. 11. Members of Commission to be Deemed Public Servants: Every member of the Commission and every person appointed or authorized to work by the Commission shall be deemed to be a public servant only for the purposes of the Prevention of Corruption Act, 2049. 12.
Land Use Act, 2019

Authority to Operate Land Use Program: (1) The Government of Nepal may operate a land use program in all areas of Nepal, considering the proper use of land and public interest.

(2) Prior to operating a program pursuant to sub-section (1), a public notice must be published. 4. Classification of Land Use Zones: (1) Pursuant to this Act, land shall be classified into the following land use zones based on Nepal's topography, land capability and suitability, existing use of land, and necessity, among others:-

(a) Agricultural Area,
(b) Residential Area,
(c) Commercial Area,
(d) Industrial Area,
(e) Mining and Mineral Area,
(f) Forest Area,
(g) River, Stream, Lake, Wetland Area,
(h) Area of Public Use,
(i) Area of Cultural and Archaeological Importance,
(j) Other areas designated as required by the Government of Nepal.

(2) Notwithstanding anything written in sub-section (1), land classified into a zone other than the area mentioned in clause (a) of the same sub-section, until it is used in that zone, may be brought into use as an Agricultural Area after informing the Local Land Use Council, and it shall not be barred.

(3) The zones classified pursuant to sub-section (1) may be further classified into sub-zones as prescribed.

(4) If a Province or Local Level deems it necessary to classify an area other than the zones classified pursuant to sub-section (1) as a land use zone within its jurisdiction, it shall submit a written request to the Federal Land Use Council to include such area in the land use zone classification.

(5) Upon receipt of a written request pursuant to sub-section (4), if the Federal Land Use Council deems additional classification necessary, it may grant consent to the concerned Province or Local Level to classify the land use zone.

(6) The concerned Local Land Use Council shall classify land within its jurisdiction into land use zones pursuant to the bases and criteria for land use zone classification determined under this Act and the procedure prepared by the Ministry.

(7) While classifying zones pursuant to sub-section (6), the Local Land Use Council shall classify areas where any federal or provincial level plan is being operated or designated to be operated accordingly.

(8) The Local Land Use Council shall publish and broadcast the notice of land use zone classification through local newspapers and electronic communication media for the information of the general public.

(9) If the Government of Nepal or the Provincial Government needs to operate a plan different from the designated classification in an area already classified by the Local Land Use Council, the existing land use shall be changed pursuant to Section 8.

(10) The bases, criteria, and area for land use zone classification shall be as prescribed.
Land Use Act, 2019

6. Formulation of Land Use Plan: (1) Before formulating a land use plan, the Government of Nepal, Provincial Government, and Local Level shall conduct a study on the actual state of land, population growth rate, food and housing needs, increase in demand for land for economic development and infrastructure construction, among other subjects, and prepare a base paper for a long-term land use plan.

(2) The Ministry shall prepare a Federal Land Use Plan based on the base paper for the long-term land use plan pursuant to sub-section (1) and overall economic, social, infrastructure development, among other subjects, and implement it after approval from the Federal Land Use Council.

(3) The Provincial Government shall prepare a provincial-level land use plan based on the economic, social, infrastructure development, among other subjects, within its Province.

(4) While formulating the provincial-level land use plan pursuant to sub-section (3), it shall be implemented after approval from the Provincial Land Use Council, ensuring it is not inconsistent with the Federal Land Use Plan.

(5) Each Local Level shall prepare a local land use plan based on the land use zoning map and the economic, social, infrastructure development, among other subjects, within its jurisdiction, ensuring it is not inconsistent with the federal and provincial-level land use plans.

(6) The land use plan prepared pursuant to sub-section (5) shall be implemented after approval from the Local Land Use Council.

(7) While preparing the land use plan pursuant to sub-section (5), the Local Level may formulate separate plans for rural and urban areas as required.

(8) While preparing the land use plan, it must be prepared in such a way that the following areas are visible:-

(a) Industrial Corridor,
(b) Special Economic Zone,
(c) National Project,
(d) Projects spanning across provinces,
(e) Natural and physical heritages of national importance that require conservation,
(f) Places of religious and cultural importance bearing international recognition and human faith,
(g) Areas containing schools or other educational zones, roads, health institutions, irrigation canals or channels,
(h) Places sensitive from the perspective of national security,
(i) Disaster risk-prone areas,
(j) Protected areas for environmental sanitation and biodiversity conservation,
(k) Other necessary areas.

(l) Other provisions relating to the land use plan shall be as prescribed. Chapter-3

Updating Land Ownership Records and Certificates, and Land Use Change

7.
Land Use Act, 2019

8. Prohibition on Changing Land Use: (1) Land classified for one purpose pursuant to Section 4 shall not be permitted to be changed for use for another purpose by altering its land use.

(2) Notwithstanding anything written in sub-section (1), if a person needs to use the land under their possession for a purpose other than the designated one, they shall submit an application to the concerned Local Land Use Council stating the basis and reasons thereof.

(3) Upon receipt of an application pursuant to sub-section (2), or if the designated land use of any land within its jurisdiction needs to be changed, the concerned Local Land Use Council shall make a request to the Provincial Land Use Council stating the basis and reasons thereof.

(4) Upon receipt of a request pursuant to sub-section (3), the Provincial Land Use Council may, for the purpose of studying and submitting a technical report thereon, form a committee comprising experts in the fields of soil, geology, law, land use planning, agriculture, forest and environment, land, survey, and urban planning, and the Chairperson or Vice-Chairperson of the concerned Local Level.

(5) Based on the technical report submitted by the committee pursuant to sub-section (4), if it appears appropriate to change the land use as requested, the Provincial Land Use Council shall recommend to the Federal Land Use Council.

(6) Upon receipt of a recommendation pursuant to sub-section (5), the Federal Land Use Council may change the existing land use.

(7) Notwithstanding anything written in sub-section (1), the Government of Nepal may change the existing land use of the following places:-

(a) The surface or subsurface of land containing significant natural resources in solid, liquid, or gaseous state,
(b) Places where projects such as national pride or priority development projects, industrial areas, special economic zones, etc., need to be established,
(c) Areas of importance from the perspective of national security, international borders, places of cultural, natural, historical, and archaeological importance included in the World Heritage List,
(d) Places where inter-provincial land use zones require management,
(e) Other areas deemed necessary by the Government of Nepal.

(8) Notwithstanding anything written elsewhere in this Section, the Provincial Government may, upon the recommendation of the concerned Local Land Use Council, change the existing land use in the following circumstances:-

(a) If inter-local level land use zones require management,
(b) If a provincial-level development project falling within the geographical area of two or more Local Levels needs to be operated.

(9) Other provisions relating to the procedure for granting permission for land use change shall be as prescribed. 9.
Land Use Act, 2019

9. Permissible Cases for Changing Land Use: (1) Notwithstanding anything written elsewhere in this Act, if any place or settlement within its jurisdiction becomes unsafe due to any disaster or natural calamity, the Local Level may declare such area as an unsafe or unorganized place and change the land use to arrange resettlement for the families or communities residing in such place to a safe and organized location.

(2) While making a land use change pursuant to sub-section (1), land use may be changed to arrange settlement in an agricultural area only when land elsewhere is not available. 10. Control of Land Fragmentation and Consolidation: (1) The necessary bases and criteria for regulating the control of land fragmentation and land subdivision shall be as prescribed.

(2) The Ministry, Provincial Government, and Local Level may conduct or cause to be conducted land consolidation programs by integrating plots of land of an area as prescribed for modernization, mechanization, commercialization, cooperative farming, collective farming, and public farming on agricultural land.

(3) To encourage land consolidation and land integration programs, the Ministry, Provincial Government, and Local Level may operate programs with special facilities.

(4) Other provisions relating to the conduct of land consolidation programs shall be as prescribed. 11. Prohibition on Construction of New Houses or Addition/Expansion of Settlement Infrastructure: (1) At the time of the commencement of this Act, except for residing in an existing house in an agricultural area as before, no new house shall be constructed or settlement infrastructure added or expanded.

(2) Notwithstanding anything written in sub-section (1), if the house resided in as before collapses for any reason or becomes old requiring reconstruction, and if the person concerned has no other land elsewhere for construction of a house, there shall be no bar to constructing a new house or structures necessary for agricultural purposes in the agricultural area. 12. Prohibition on Developing Plots: No plots shall be developed commercially for any purpose, nor shall they be sold or distributed, in areas other than those classified for residential purposes pursuant to this Act. 13. Valuation of Land and Determination of Tax: While assessing the value of land within its jurisdiction and determining land-related taxes, the Local Level shall also base its assessment on the land use zone classification. Chapter-4

Land Use Implementation Structure

14.
Land Use Act, 2019

13. Valuation of Land and Determination of Tax: While assessing the value of land within its jurisdiction and determining land-related taxes, the Local Level shall also base its assessment on the land use zone classification. Chapter-4

Land Use Implementation Structure

14. Federal Land Use Council: (1) For the implementation of policies, plans, and standards relating to land use, there shall be a Federal Land Use Council at the federal level as follows:-

(a) Minister/State Minister, Ministry of the Government of Nepal dealing with land management affairs - Chairperson
(b) Member, National Planning Commission (looking after land management affairs) - Member
(c) Secretary, Ministry of the Government of Nepal dealing with land management affairs - Member
(d) Secretary, Ministry of the Government of Nepal dealing with finance affairs - Member
(e) Secretary, Ministry of the Government of Nepal dealing with forest and environment affairs - Member
(f) Secretary, Ministry of the Government of Nepal dealing with federal affairs - Member
(g) Secretary, Ministry of the Government of Nepal dealing with urban development affairs - Member
(h) Secretary, Ministry of Agriculture and Livestock Development - Member
(i) Secretary, Ministry of Industry, Commerce and Supplies - Member
(j) Four members nominated by the Government of Nepal from among experts related to land use, including at least two women - Member
(k) Joint Secretary, Ministry of the Government of Nepal dealing with land management affairs - Member-Secretary

(2) The term of office of a member nominated pursuant to clause (j) of sub-section (1) shall be three years, and the Government of Nepal may remove such member from office at any time if they fail to perform their duties satisfactorily, act against the interest of the Federal Land Use Council, lack competence, or exhibit bad conduct. Provided that before removing any member, a reasonable opportunity to submit a defense shall be given to them.

(3) The Council referred to in sub-section (1) may invite any stakeholder or expert to its meeting if deemed necessary.

(4) Provisions relating to the service and conditions of the members designated pursuant to clause (j) of sub-section (1) shall be as prescribed.

(5) The procedure relating to meetings of the Federal Land Use Council shall be as determined by the Council itself. 15.
Land Use Act, 2019

15. Duties, Functions and Powers of the Federal Land Use Council: In addition to the duties, functions and powers mentioned elsewhere in this Act, the duties, functions and powers of the Federal Land Use Council shall be as follows:-

(a) To formulate and cause to implement a national-level land use plan based on long-term and periodic development plans and implementation capacity,
(b) To make necessary coordination among various agencies of the Government of Nepal for operating the land use plan,
(c) To cause the preparation of necessary land use map data for operating the land use plan,
(d) To prepare other necessary bases and criteria relating to land use zone classification, plan formulation, and implementation,
(e) To resolve inter-provincial land use disputes as prescribed. 16. Provincial Land Use Council: (1) For carrying out provincial-level land use related work, there shall be a Provincial Land Use Council in each Province as follows:-

(a) Minister, Ministry of the Provincial Government dealing with land management affairs - Chairperson
(b) Secretaries, Ministries of the Provincial Government dealing with finance, agriculture, forest, law, industry, urban development, local development affairs - Member
(c) Four members nominated by the Provincial Government from among experts related to land use, including at least two women - Member
(d) Secretary, Ministry of the Provincial Government dealing with land management affairs - Member-Secretary

(2) The term of office of a member nominated pursuant to clause (c) of sub-section (1) shall be three years, and the Provincial Government may remove such member from office at any time if they fail to perform their duties satisfactorily, act against the interest of the Provincial Land Use Council, lack competence, or exhibit bad conduct. Provided that before removing any member, a reasonable time to submit a defense shall be given to them.

(3) The Provincial Land Use Council may invite any stakeholder or expert to its meeting if deemed necessary.

(4) Provisions relating to the service and conditions of the members nominated pursuant to clause (c) of sub-section (1) shall be as prescribed.

(5) The procedure relating to meetings of the Provincial Land Use Council shall be as determined by the Council itself. 17.
Land Use Act, 2019

17. Duties, Functions and Powers of the Provincial Land Use Council: In addition to the duties, functions and powers mentioned elsewhere in this Act, the duties, functions and powers of the Provincial Land Use Council shall be as follows:-

(a) To formulate, implement, and regulate provincial-level policies relating to land use,
(b) To prepare provincial-level land use plans and standards,
(c) To resolve inter-local level land use disputes as prescribed,
(d) To prepare the provincial-level land use map database and update records,
(e) To manage or cause to be managed land that is unused, underused, misused, or exploited. 18. Local Land Use Council: (1) For the formulation and implementation of land use zones and land use plans, there shall be a Local Land Use Council in each Local Level.

(2) The concerned Village Executive or Municipal Executive shall function as the Local Land Use Council.

(3) The Local Land Use Council may seek the assistance of subject matter experts in the course of performing its functions.

(4) Meetings of the Local Land Use Council shall be held as required.

(5) The procedure relating to meetings of the Local Land Use Council shall be as determined by the Council itself. 19. Duties, Functions and Powers of the Local Land Use Council: In addition to the duties, functions and powers mentioned elsewhere in this Act, the duties, functions and powers of the Local Land Use Council shall be as follows:-

(a) To approve the local land use plan,
(b) To collect, analyze, and utilize land-related data,
(c) To cause the updating of the land use zone map of its level,
(d) To classify land use sub-zones of its level as required,
(e) To direct the Local Land Use Implementation Committee to make information relating to land use zone classification accessible to stakeholders as prescribed,
(f) To prepare and implement procedures and standards for the implementation of the local level land use plan,
(g) To monitor the implementation of the land use plan,
(h) To recommend for land use change with clear bases and reasons,
(i) To take action for use different from the designated use,
(j) To reward individuals, families, or institutions making significant contributions to land use,
(k) To protect religious, historical, cultural, archaeological, public, and community sites,
(l) To formulate and pass necessary policies relating to land use of its level. 20.
Land Use Act, 2019

20. Implementation Committee: (1) To assist in the work of the Local Land Use Council, there shall be a Land Use Implementation Committee in each Local Level as follows:-

(a) Chairperson or Chief of the concerned Village Executive or Municipal Executive - Chairperson
(b) Ward Chairperson of the concerned ward - Member
(c) Branch chiefs of the Local Level related to agriculture, forest, land, urban development, and physical infrastructure - Member
(d) Four members designated by the Local Land Use Council from among stakeholders, including two women - Member
(e) Chief Administrative Officer of the concerned Local Level - Member-Secretary

(2) The term of office of members designated pursuant to clause (d) of sub-section (1) shall be three years.

(3) The duties, functions and powers of the Implementation Committee shall be as follows:-

(a) To implement the land use plan approved by the Local Land Use Council,
(b) To publicize information of the classified zone for the information of stakeholders as prescribed,
(c) To prepare ward-level land use plans for each ward,
(d) To get the ward-level land use plan approved by the Ward Committee and, on its basis, prepare the comprehensive land use plan of the Local Level and submit it to the Local Land Use Council,
(e) To submit problems encountered during implementation, along with options for resolution, to the Local Land Use Council,
(f) To raise awareness for the conservation and sustainable use of land,
(g) To recommend to the Local Land Use Council for action in case of use different from the designated use or non-compliance as prescribed,
(h) To monitor whether arable land is left fallow,
(i) To identify community land and arrange for its use in collective interest,
(j) To recommend rewarding individuals, families, or institutions making significant contributions to land use.

(4) Provisions relating to the meetings of the Implementation Committee shall be as prescribed. 21. Provision Relating to Land Bank: (1) For implementing provisions relating to land use classification and enhancing productivity by maximizing land use, the Government of Nepal may establish a Land Bank at the Local Level as required.

(2) Other provisions relating to the Land Bank shall be as prescribed. 22. Facilities and Incentives: The Government of Nepal, Provincial Government, and Local Level may operate various programs to encourage farmers who maximize the use of arable land. 23. Review of Land Use Plan: The Government of Nepal may review the land use plan every seven years, the Provincial Government every five years, and the Local Level as required. Chapter-5

Offenses and Penalties

24.
Land Use Act, 2019

23. Review of Land Use Plan: The Government of Nepal may review the land use plan every seven years, the Provincial Government every five years, and the Local Level as required. Chapter-5

Offenses and Penalties

24. Acts Deemed to be Offenses: Committing the following acts shall be deemed to be an offense under this Act:-

(a) Failure to act in accordance with the level-wise land use map and land use plan,
(b) Keeping agricultural land classified as such fallow continuously for three years, except in cases where a notice with reasonable and sufficient cause for keeping the land fallow due to circumstances beyond control has been submitted to the concerned Local Level,
(c) Changing the designated land use zone classification except under the circumstances mentioned in this Act. 25. Penalties: (1) If a person commits the following offenses, the prescribed authority may impose the following penalties:-

(a) For an offense under clause (a) of Section 24, a fine of up to two hundred thousand rupees.
(b) For an offense under clause (b) of Section 24, a fine of up to one hundred thousand rupees based on estimated production.
(c) For an offense under clause (c) of Section 24, a fine of up to three hundred thousand rupees.

(2) If an offense under clause (c) of Section 24 is committed by changing the designated land use, the authority under sub-section (1) may, in addition to the fine mentioned in sub-section (1), give an order to restore the land use to its original state within six months. 26. Powers Equivalent to a Court: While conducting proceedings and adjudicating offenses under Section 24, the prescribed authority shall have powers equivalent to a court under the prevailing law in matters such as summoning parties, recording statements, examining evidence, and requiring submission of documents. 27. Right to File Complaint: A complaint may be filed with the prescribed body for an offense committed under Section 24. 28. Appeal: A party dissatisfied with the penalty imposed under Section 25 may file an appeal with the concerned District Court. 29. Summary Procedure to be Followed: While conducting proceedings and adjudicating cases related to offenses under Section 24, the procedure pursuant to the Summary Procedure Act, 2028 shall be adopted. Chapter-6

Miscellaneous

30. Power to Delegate Authority: The authority prescribed under this Act may delegate all or some of the powers received by them, except the power to hear cases, to an officer subordinate to them. 31. Nomination on the Basis of Inclusiveness: While nominating expert members to the Federal Land Use Council or Provincial Land Use Council under this Act, the Government of Nepal or the Provincial Government shall do so on the basis of inclusiveness. 32.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Act Relating to Remuneration, Facilities and Other Conditions of Service of Judges of High Courts and District Courts, 2074

Certification Date and Publication Date
2074.06.29

Act No. 29 of the year 2074

An Act made to provide for remuneration, facilities and other conditions of service of Judges of High Courts and District Courts

Preamble: Whereas, it is desirable to amend and consolidate the prevailing law relating to remuneration, facilities and other conditions of service of Judges of High Courts and District Courts,

The Legislature-Parliament, pursuant to clause (1) of Article 216 of the Constitution of Nepal, has enacted this Act. 1. Short Title and Commencement: (1) This Act may be cited as the "Act Relating to Remuneration, Facilities and Other Conditions of Service of Judges of High Courts and District Courts, 2074."

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

(a) "Judge of a High Court" means the Chief Judge and Judge of a High Court appointed pursuant to Article 140 of the Constitution of Nepal.

(b) "Judge of a District Court" means the Judge of a District Court appointed pursuant to Article 149 of the Constitution of Nepal.

(c) "Judge" means the Judge of a High Court or a District Court.

(d) "Family" means the spouse, son, unmarried daughter, adopted son, unmarried adopted daughter, or father, mother or step-mother living with the Judge and whom the Judge himself/herself is required to support; and in the case of a male Judge or an unmarried female Judge, the term also includes his/her grandparents, and in the case of a married female Judge, the term also includes her father-in-law and mother-in-law. 3. Remuneration: The Chief Judge of a High Court, other Judges of a High Court and Judge of a District Court shall receive the remuneration and allowance as specified in Schedule-1. 4. Provident Fund: Ten percent of the monthly remuneration of a Judge shall be deducted, and the Government of Nepal shall add an equal amount (one hundred percent) to such deducted amount and deposit it in the Employees' Provident Fund. 5. Housing Facility: (1) A Judge who does not own a house at the place where the High Court or District Court is located shall be provided with a government house for residence by the Government of Nepal.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

5. Housing Facility: (1) A Judge who does not own a house at the place where the High Court or District Court is located shall be provided with a government house for residence by the Government of Nepal. In case such a house is not provided, the Judge shall be given an amount as housing facility as specified in Schedule-1.

(2) A Judge residing in his/her own house shall be given an amount for house cleaning and maintenance as specified in Schedule-1.

(3) The housing facility provided pursuant to sub-section (1) may be utilized by the Judge for up to seven days from the date of expiry of his/her term. 6. Electricity, Water Supply and Telephone Facility: (1) The concerned court shall arrange for the installation of an internet connection and one telephone line, a drinking water tap, and electricity at the Judge's residence.

(2) The expenses incurred for the installation of the telephone, drinking water tap and electricity pursuant to sub-section (1) shall be borne by the concerned court, and such telephone, tap and electricity shall remain under the ownership of the concerned court.

(3) The Judge shall be given an amount as specified in Schedule-1 for the charges of electricity, drinking water tap and telephone installed at his/her residence.

(4) A Judge residing in his/her own house shall also receive the facility pursuant to sub-section (3). 7.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

7. Vehicle, Fuel and Vehicle Maintenance Facility: (1) A Judge shall be provided with one motor vehicle with a driver, and fuel and lubricant as specified in Schedule-1.

(2) A Judge who uses his/her private motor vehicle instead of the motor vehicle provided pursuant to sub-section (1) shall be provided with an amount equal to the initial salary scale of a light vehicle driver of the Government of Nepal for the driver, and the fuel and lubricant as specified in sub-section (1).

(3) The concerned court shall arrange for the regular maintenance and upkeep of the government motor vehicle provided pursuant to sub-section (1).

(4) Bills or vouchers for the fuel and driver's remuneration obtained pursuant to sub-section (1) or (2) need not be submitted.

(5) The government motor vehicle provided to a Judge pursuant to sub-section (1) shall be used by such Judge for up to twelve years from the date of its purchase, even when such Judge is transferred or appointed to another court.

(6) The facility pursuant to this section shall be provided to the Judge for up to seven days from the date of expiry of his/her term.

(7) If a Judge, upon retirement, wishes to purchase and take away the vehicle he/she has been using pursuant to sub-section (5), such vehicle shall be transferred to him/her upon payment of its book value.

(8) While determining the book value of the vehicle pursuant to sub-section (7), it shall not be less than ten percent of the purchase price of such vehicle.

(9) A Judge wishing to purchase and take away the vehicle he/she has been using upon retirement pursuant to sub-section (7) shall provide written notice thereof to the Supreme Court through the concerned court at least six months prior to the date of retirement. Provided that, in the case of a Judge serving at the time of commencement of this Act whose retirement is less than six months away, providing such notice before retirement shall not be an impediment. 8.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that, in the case of a Judge serving at the time of commencement of this Act whose retirement is less than six months away, providing such notice before retirement shall not be an impediment. 8. Daily and Travel Allowance: (1) A Judge, while proceeding to the place of his/her appointment or transfer or deputation, or while traveling within Nepal on official business, shall receive daily and travel expenses as per the prevailing law relating to travel expenses.

(2) A Judge, while traveling to a foreign country on official business upon the invitation of a foreign country, the United Nations or its specialized agencies, or the South Asian Association for Regional Cooperation (SAARC), or as per a decision of the Government of Nepal, shall, if he/she has to make his/her own arrangements for food and lodging, receive daily and travel expenses as per the prevailing law relating to travel expenses.

(3) A Judge, while traveling to a foreign country, institution or agency as a guest of such country, institution or agency upon the invitation of a foreign country, the United Nations or its specialized agencies, or the South Asian Association for Regional Cooperation (SAARC), where only lodging arrangements are made, shall receive, as daily and travel allowance, half of the amount receivable under sub-section (1) for the period of stay in such country.

(4) While a Judge travels abroad pursuant to sub-section (2) or (3), if the host organization or the concerned foreign country provides hospitality covering food and lodging but does not provide pocket money, the Judge shall receive, as pocket expenses, only one-third of the amount receivable under sub-section (2).

(5) Notwithstanding anything contained in sub-sections (2), (3) and (4), if the host organization or the concerned foreign country provides daily and travel allowance during the foreign visit, the daily and travel allowance or pocket expenses under this section shall not be provided.

(6) Notwithstanding anything contained elsewhere in this Act, a Judge shall not travel abroad upon the invitation of domestic or foreign non-governmental organizations.

(7) If a Judge is separated from service for any reason and has to return home, the Judge and his/her family members shall receive daily and travel allowance as per this Act, and such allowance shall be paid by the court from which the Judge's tenure ended.

(8) If a Judge dies, the family members of such Judge may receive the daily and travel allowance receivable under sub-section (7) from the court where the deceased Judge was serving.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that family members residing elsewhere than the court headquarters shall not be given daily and travel allowance under this sub-section.

(9) A Judge who has completed three years at the same court without taking any leave except casual leave, festival leave and sick leave shall, when proceeding to his/her home on home leave and returning from home, receive daily and travel allowance at half the rate receivable under this Act. Provided that family members of such Judge shall not be given daily and travel allowance under this sub-section.

(10) A Judge who is being transferred may take an advance of the amount of daily and travel allowance receivable under this Act from the court where he/she is currently serving, to be settled at the court to which he/she is transferred.

(11) When a newly appointed Judge or a Judge transferred from one court to another sends his/her family back home from his/her current place of service, or brings them to the place of his/her new appointment or transfer, the family members shall be given daily and travel allowance once at the following rates:-

(a) For members aged ten years or above, at the rate receivable by the Judge.
(b) For members below ten years, half of the allowance receivable by the Judge. 9. Remote Area Allowance: A Judge serving in a High Court or District Court located in a remote area shall receive, in addition to remuneration, a remote area allowance at the same rate as receivable by civil servants. 10. Administrative Allowance: The most senior Judge acting as the head of a District Court shall be given an amount as administrative allowance as specified in Schedule-1. 11. Clothing Allowance: A Judge shall be given an amount as clothing allowance at the end of the month of Chaitra each year, as specified in Schedule-1. 12. Festival Expenses: (1) A Judge shall receive an amount equal to one month's remuneration drawn by him/her as festival expenses each year for the festival celebrated according to his/her religion, culture and tradition.

(2) The amount under sub-section (1) may be received by the Judge once in a fiscal year on the occasion of the main festival celebrated according to his/her religion, culture and tradition. 13. Permission to Recruit Assistant: A Judge may, for the duration of his/her tenure in office, recruit one office assistant equivalent to the first level (non-gazetted) for residential work, and the Government of Nepal shall bear the remuneration of such assistant. 14.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

13. Permission to Recruit Assistant: A Judge may, for the duration of his/her tenure in office, recruit one office assistant equivalent to the first level (non-gazetted) for residential work, and the Government of Nepal shall bear the remuneration of such assistant. 14. Pension and Gratuity: (1) If a Judge of a High Court has completed twelve years of service in that post and a Judge of a District Court has completed twenty years of service, such Judge shall, after retirement, receive a monthly pension equal to fifty percent of his/her monthly remuneration.

(2) A Judge who completes more than twelve years of service in the post of Judge of a High Court shall receive, in addition to the pension receivable under sub-section (1), an additional pension at the rate of zero point five percent of his/her monthly remuneration for each year of service so rendered.

(3) Notwithstanding anything contained in sub-section (1), if a Judge who was appointed to the post of Judge from the service of the Government of Nepal or from an institution owned by the Government of Nepal that has a provision for pension, retires after serving in such government service and the post of Judge, and if the total period of service previously rendered and the service period worked in the post of Judge of a District Court or Judge of a High Court or both amounts to twenty years or more, such Judge may choose either the monthly pension under sub-section (1) or the monthly pension calculated as follows:-

Total service period x Monthly remuneration

(4) A Judge who has not completed the service period required to receive pension under sub-section (1) shall receive a lump sum gratuity equal to the amount obtained by multiplying the total years of service rendered by the amount of one month's remuneration drawn at the time of retirement.

(5) A person already receiving a pension shall not receive a gratuity for the service rendered as a Judge of a High Court or Judge of a District Court.

(6) The amount of gratuity receivable by a Judge under this section shall not exceed twelve months' remuneration of such Judge.

(7) If a person already receiving a pension for service rendered to the Government of Nepal or an institution owned by the Government of Nepal that has a provision for pension is appointed as a Judge and becomes eligible for pension under this Act as well, such person may choose either the pension he/she was previously receiving or the pension receivable under this Act.

(8) When the remuneration of Judges is increased, the pension amount of a Judge who is receiving a pension shall also be increased at the rate of sixty-six percent of the percentage increase in the remuneration amount.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that if, while increasing the pension amount in this manner, the amount falls below half of the remuneration receivable by the Judge, the pension shall be increased to make it equal to half of such remuneration.

(9) For the purposes of sub-sections (1), (2), (3) and (4), the period served in the post of Judge of an Appellate Court prior to the establishment of the High Court shall also be deemed to be service in the post of Judge of a High Court.

(10) Notwithstanding anything contained elsewhere in this section, a Judge who has been removed from office pursuant to clause (c) or (e) of sub-section (1) of Article 142 or clause (c) or (e) of sub-section (6) of Article 149 of the Constitution of Nepal shall not receive pension or gratuity under this Act. 15. Family Pension and Gratuity: (1) In the following circumstances, for the following periods, the pension under section 14 shall be paid to a person chosen by the Judge from among his/her family members, and if such chosen person has died or the Judge has not chosen anyone, to the nearest heir among his/her family members:-

(a) If the Judge dies while in office, from the date of death for seven years,
(b) If the Judge dies within seven years of starting to receive pension under section 14, for the remaining period of those seven years.

(2) If a Judge dies while in office and is entitled only to gratuity and not to pension under section 14, the amount of such gratuity shall be received by the person specified in sub-section (1) among his/her family members.

(3) After the period for receiving family pension under sub-section (1) has elapsed, the widowed wife or widower husband of the Judge shall receive half of such pension for life. Provided that a person receiving pension shall not receive double pension. 16. Disability Allowance: (1) If a Judge becomes disabled, being maimed or injured in an accident in the course of performing official duties, and becomes incapable of performing the work of his/her post, such Judge shall receive, for life, in addition to the pension receivable under sub-section (2), a disability allowance as mentioned in sub-section (5).

(2) A Judge disabled under sub-section (1) shall, if he/she has completed the service period required for receiving pension under section 14, receive pension accordingly; and if he/she has not completed such period, receive pension calculated proportionately by deducting for the shortfall period.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that, while making such deduction, it shall not exceed one-third of the minimum pension receivable had the Judge completed the service period entitling him/her to pension.

(3) A Judge disabled under sub-section (1) may be given a lump sum amount up to ten thousand rupees as financial assistance.

(4) A Judge disabled under sub-section (1) shall receive one hundred percent of the treatment expenses incurred for the treatment of the injury.

(5) The additional monthly disability allowance receivable in addition to the pension under sub-section (2) for disability shall be as follows:

 Percentage of Disability Allowance Percentage

 100 Rs. 125.–
 90 Rs. 112.50
 80 Rs. 100.–
 70 Rs. 87.50
 60 Rs. 75.–
 50 Rs. 75.–
 40 Rs. 50.–
 30 Rs. 37.50
 20 Rs. 25.–

Explanation:

(1) A person with less than twenty percent disability shall not be deemed to be disabled.

(2) A Judge who starts receiving disability allowance shall not receive the disability allowance under this section if he/she becomes capable of handling his/her work.

(6) If a Judge receiving disability allowance dies within seven years from the date of starting to receive such allowance, the disability allowance receivable for the remaining period of those seven years shall be given as a lump sum gratuity to the person specified in sub-section (1) of section 15. 17. Facility for Becoming Maimed: (1) If a Judge sustains an injury in the course of performing official duties and, even if he/she need not retire from service, his/her capacity is impaired due to such injury, such Judge may be given a lump sum financial assistance up to ten thousand rupees, considering the severity of the injury sustained.

(2) A Judge shall receive additional sick leave with full pay for the entire period required for the treatment of the injury under sub-section (1), without deducting from any accumulated leave.

(3) A Judge shall receive one hundred percent of the expenses incurred for the treatment of the injury under sub-section (2). The expenses so incurred for treatment shall not be deducted from the treatment expenses receivable by him/her under section 31.

(4) A Judge who intentionally or through his/her own gross negligence causes injury and becomes maimed shall not receive the facility under this Act. 18.