Tourism Act, 1978

38. Penalty: (1) The Government of Nepal may impose a ban prohibiting a mountaineering team or any of its members from entering Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) for up to five years or from mountaineering in Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) for up to ten years for doing any of the following: -

(a) Climbing or attempting to climb any mountain peak without permission,
(b) Climbing or attempting to climb any mountain peak not opened for mountaineering,
(c) Engaging in any kind of immoral conduct or behavior during the mountaineering period,
(d) Failing to submit prescribed items to the Government of Nepal within the prescribed period after the completion of mountaineering,
(e) Failing to comply with the prescribed conditions to prevent environmental pollution,
(f) Violating this Act or the Rules framed under this Act or the conditions specified in the mountaineering permission.

(2) If a mountaineering team or its member climbs any mountain peak without obtaining permission, and the Government of Nepal deems it appropriate, instead of taking action under Sub-section (1), it may impose a fine equal to double the amount of fee payable under this Act for obtaining permission to climb such peak.

(3) If a mountaineering team or its member climbs any mountain peak not opened for climbing, and the Government of Nepal deems it appropriate, instead of taking action under Sub-section (1), it may impose a fine of up to three times the royalty amount payable for climbing the highest mountain peak open for climbing (Amended by the First Amendment.).

(4) If an institution making mountaineering arrangements violates any mountaineering-related provision of this Act or the Rules framed under this Act (Added by the First Amendment.) or abets any person to violate the same, the Government of Nepal may prohibit such institution from making any kind of mountaineering arrangements for a period of one to five years (Amended by the First Amendment.) or impose a fine of ten thousand to fifty thousand rupees (Amended by the Second Amendment.), or both.

(5) If a mountaineering team fails to comply with the prescribed conditions to prevent environmental pollution, and the Government of Nepal deems it appropriate, instead of taking action under Sub-section (1), it may impose a fine of up to fifty thousand rupees (Added by the First Amendment.).

(6) If a Mountaineering Association fails to comply with the order or direction given by the Government of Nepal under Sub-section (4) of Section 37, the Government of Nepal may withdraw the power entrusted under Sub-section (2) of Section 37 or cancel the recognition granted for the purpose of mountaineering.

(Added by the First Amendment.)
(7) If a person abets a mountaineering team or any of its members to violate this Act or the Rules framed under this Act or the orders or directions of the Government of Nepal, the prescribed authority may impose a fine of one thousand to ten thousand rupees (Added by the First Amendment.).

(Added by the First Amendment.)
(8) A person aggrieved by an order given by the prescribed authority under Sub-section (7) may file a complaint with the Government of Nepal

५४. समिति गठन गर्ने अधिकार : पर्यटन विकासको काममा नेपाल सरकारलाई सल्लाह र सुझाव दिन नेपाल सरकारले सरकारी र गैरसरकारी व्यक्तिहरू सम्मिलित भएको पर्यटन विकास समिति गठन गर्न सक्नेछ । 54.