chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Domestic Violence (Offense and Punishment) Act, 2009

Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(d) "Mental Torture" means an act of threatening with physical torture or intimidation, behaving threateningly, abusing, slandering, expelling from home, discriminating on the basis of ideology, religion, culture, customs, traditions, humiliating on the basis of appearance, color, physical build or suffering from any disease, causing mental imbalance, abetting suicide or creating circumstances leading to suicide, to the extent of such acts, and the term also denotes any other act that may cause mental or emotional injury.

(e) "Sexual Torture" means any act of a sexual nature that involves misconduct, insult, discouragement, injury to self-respect, or adversely impacts safe sexual health.

(f) "Economic Torture" means an act of depriving a person from using common or private property or from access to or use of employment or economic resources and means. Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015). And the term, in the case of women, also denotes demanding dowry, pressuring to bring dowry, or hatred, neglect or contempt shown for not bringing dowry.

(g) "Victim" means a person who claims to be a victim of domestic violence committed by a person with whom the victim has a domestic relation.

(h) "Perpetrator" means a person who is claimed by the victim to have committed domestic violence against the victim and with whom the victim has a domestic relation, and the term also denotes any other person involved in the act of committing domestic violence or an abettor.

(i) "Police Office" means the police office closest to the place of residence of the victim, the perpetrator or the place of incident, and the term also denotes a children or women cell, a police post or an outpost under the District Police Office.

(j) Amended by the Act to Amend Some Nepal Acts, 2072 (2015)."Local Level" means the Amended by the Act to Amend Some Nepal Acts, 2072 (2015).Rural Municipality or Municipality where the victim resides, the perpetrator resides, or the incident occurred, and the term also denotes the ward committee of the Municipality.

(k) "Court" means the court designated by the Government of Nepal by publishing a notice in the Nepal Gazette. By a notice published in the Nepal Gazette dated 2066.4.26, the relevant District Court has been designated as the Court.
Domestic Violence (Offense and Punishment) Act, 2009

By a notice published in the Nepal Gazette dated 2066.4.26, the relevant District Court has been designated as the Court. Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(k1) "Complaint" means a complaint filed pursuant to Section 4 or 5, and the term also denotes a First Information Report filed pursuant to Section 5A.

(l) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Not to Commit or Cause to Commit Domestic Violence: (1) No person shall commit or cause to commit domestic violence, or attempt to do so, or abet another person to commit domestic violence.

(2) If any person does any act contrary to Sub-section (1), he/she shall be deemed to have committed an offense under this Act. 4. To File Complaint: (1) Any person who knows of domestic violence that has occurred, is occurring, or is about to occur, may file a written or oral complaint, providing details thereof, with the Police Office, the National Women Commission, or the Amended by the Act to Amend Some Nepal Acts, 2072 (2015).Local Level.

(2) If a complaint under Sub-section (1) is received in writing, it shall be immediately registered; and if received orally, the necessary details thereof shall be written down or caused to be written down, signed or thumb-printed by the complainant, and registered.

(3) In respect of a complaint registered with the National Women Commission, necessary action shall be taken in accordance with the prevailing law relating to the National Women Commission.

(4) If a complaint is registered at a Police Office, the Police Office shall, excluding travel time, summon the perpetrator within twenty-four hours, and if the perpetrator fails to comply, arrest him/her and immediately record a statement.

(5) Amended by the Act to Amend Some Nepal Acts, 2072 (2015).If a complaint is registered at the Local Level, the Local Level shall, excluding travel time, summon the perpetrator within twenty-four hours, and if the perpetrator fails to comply, arrest him/her with the assistance of the police and immediately record a statement.

(6) If the victim appears to have suffered any physical injury or mental torture due to domestic violence, the victim shall be sent immediately to the nearest hospital or health center for treatment and the victim's medical examination and injury report shall be arranged.
Domestic Violence (Offense and Punishment) Act, 2009

One copy of the injury examination report arranged by the local body shall be sent to the Police Office.

(7) Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).While conducting a preliminary inquiry into the complaint, if it appears necessary to provide security to the victim and persons dependent on him/her, immediate security arrangements shall be made with the assistance of the Police Office.

(8) If, from the statements recorded under Sub-section (4) or (5) and other matters, domestic violence appears to have occurred, and if the victim so desires, the Police Office and the Amended by the Act to Amend Some Nepal Acts, 2072 (2015).Local Level shall mediate between both parties within thirty days from the date of filing of the complaint. Provided that, in respect of a First Information Report filed under Section 5A, action shall be taken in accordance with the prevailing law.

(9) While mediating under Sub-section (8), the assistance of a psychiatrist, sociologist, social worker, a family member trusted by the victim, and other witnesses may be taken, as available and necessary. While mediating in this manner, the possible psychological and social impact on the victim and the right to confidentiality shall also be taken into account.

(10) While conducting proceedings and disposing of a complaint, the Police Office or the Amended by the Act to Amend Some Nepal Acts, 2072 (2015).Local Level shall keep the victim on personal recognizance (tarekh).

(11) If the perpetrator is not present within the period set under Sub-section (4) or (5), or cannot be produced, or if mediation between the parties fails, and with the consent of the complainant, the Police Office or the Amended by the Act to Amend Some Nepal Acts, 2072 (2015).Local Level shall, within fifteen days from the expiry of the period mentioned in Sub-section (8), submit the complaint and the related case file documents and evidence to the Court, stating the same facts.

(12) It shall be the duty of the Police Office to provide assistance pursuant to Sub-sections (5) and (7). 5. Court to Conduct Proceedings: (1) Upon receiving a complaint pursuant to Sub-section (11) of Section 4, the Court shall, on the basis of that complaint, conduct proceedings and dispose of the matter in accordance with this Act.

(2) Notwithstanding anything contained in Section 4, if the victim so desires, he/she may file a complaint directly with the Court. 5A.
Domestic Violence (Offense and Punishment) Act, 2009

5A. To File First Information Report (Jahiri): Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(1) Notwithstanding anything contained in Sections 4 and 5, any person who knows of domestic violence that has occurred, is occurring, or is about to occur, involving physical torture resulting in dismemberment or by sprinkling Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).burning, branding, trampling, dragging, causing pain to the body with chemical substances other than acid, or disfiguring any part of the face or body, or sexual torture, may file a First Information Report with the nearest Police Office in accordance with the prevailing law.

(2) Where a First Information Report is filed under Sub-section (1), the provisions relating to investigation and prosecution by the Police Office shall be in accordance with the prevailing law. 6. Power to Issue Interim Protective Order: (1) If, from a preliminary inquiry into a complaint, it appears necessary to provide immediate protection to the victim, the Court may, until final decision on the complaint, issue an order in favor of the victim as follows:-

(a) to allow the victim to reside in the house he/she has been living in, to provide food and clothing, not to beat, and to treat with courtesy and civility,
(b) to arrange for appropriate treatment or provide an appropriate amount for treatment if the victim has suffered physical or mental injury,
(c) if it appears unsuitable for the perpetrator and victim to live in the same place, to arrange for the perpetrator to live separately, and to make necessary arrangements for the maintenance of the victim while living separately,
(d) not to do or cause to do any act of abusing, threatening or behaving uncivilly,
(e) not to cause distress or harassment by going to the place where the victim resides separately, or on the road, or at the office, or by any means of communication or in any other manner,
(f) to do or cause to do any other necessary and appropriate thing for the welfare and safety of the victim.

(2) If, from a preliminary inquiry into the complaint, it appears necessary to provide any protection under Sub-section (1) to the minor children of the victim or any person dependent on the victim, in addition to the victim, the Court may issue any order under that Sub-section. 6A.
Domestic Violence (Offense and Punishment) Act, 2009

6A. To Appoint a Legal Practitioner: Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).During the proceedings of a case relating to an offense under this Act, the victim may, if he/she so desires, appoint another legal practitioner. 7. Proceedings to be in Camera: (1) If requested by the victim, the Court shall conduct proceedings and hearing relating to a complaint under this Act in camera.

(2) When proceedings and hearing are conducted in camera under Sub-section (1), only the parties to the case, their legal practitioners, and persons permitted by the Court may enter such chamber. 8. Summary Procedure to be Adopted: While conducting proceedings and disposing of a case under this Act, the procedure under the Summary Procedure Act, 2028 (1971) shall be adopted. 9. Treatment Expenses to be Borne by the Victim: Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(1) The expenses incurred for immediate treatment of a victim of domestic violence under Sub-section (6) of Section 4 shall be borne by the victim, and if the victim is unable to provide such expenses immediately for any reason, the concerned Amended by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).Local Level shall make such expenses available immediately, and Omitted by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018) such amount shall be recovered or caused to be recovered from the perpetrator as government arrears.

(2) If a victim of domestic violence has to undergo treatment at a hospital due to being mentally or physically incapacitated, the total expenses incurred for the treatment shall be borne by the victim.

(3) Notwithstanding anything contained in Sub-section (2), if the victim is unable to provide such expenses immediately for any reason, the Court may order that the concerned Amended by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).Local Level or the service center under Section 11 shall provide such treatment expenses to the victim, and the amount made available in this manner Omitted by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018) shall be recovered or caused to be recovered from the perpetrator as government arrears. 10.
Domestic Violence (Offense and Punishment) Act, 2009

10. To Provide Compensation: The Court may, having regard to the nature and extent of domestic violence, the suffering caused to the victim, and the economic and social status of the perpetrator and the victim, order the perpetrator to pay a reasonable amount of compensation to the victim. 11. Service Center: (1) For the purpose of providing immediate security to the victim and arrangements for staying separately during treatment, the Government of Nepal may establish service centers as required. Added by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).(1A) In coordination with the Government of Nepal, the Provincial Government and the Local Level may establish service centers as required. Added by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).(1B) If the Provincial Government or the Local Level desires to operate service centers established by the Government of Nepal, the Government of Nepal may transfer such service centers to be operated by the Provincial Government or the Local Level.

(2) Any organization, after obtaining approval as prescribed, may establish and operate a service center for the purpose mentioned in Sub-section (1). Added by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).(2A) The monitoring of a service center established and operated by the Provincial Government or the Local Level pursuant to Sub-sections (1A) and (1B) shall be done by the concerned Provincial Government or Local Level.

(3) A center operated under Sub-section (2) may be provided financial and other assistance from the Fund under Section 12.

(4) The service center may, as required, provide legal aid, counseling service, psychological service and financial assistance to the victim.

(5) Provisions relating to the management, operation and monitoring of the service center shall be as prescribed. 12. Service Fund: (1) For the operation of service centers established under Sub-section (1) of Section 11, the Government of Nepal shall establish a Service Fund.
Domestic Violence (Offense and Punishment) Act, 2009

12. Service Fund: (1) For the operation of service centers established under Sub-section (1) of Section 11, the Government of Nepal shall establish a Service Fund. Added by the Act to Amend Some Nepal Acts to Make Conformable to the Constitution of Nepal, 2075 (2018).(1A) A Provincial Government desiring to manage and operate service centers established and transferred pursuant to Sub-sections (1A) and (1B) of Section 11 may establish a Service Fund in accordance with provincial law, to be arranged from its own resources, and a Local Level desiring to do so may establish a Service Fund in accordance with local law, to be arranged from its own resources.

(2) The Fund under Sub-section (1) shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,
(b) Amount received from any domestic or foreign association, organization or individual,
(c) Amount received from other sources.

(3) The management and operation of the Service Fund shall be as prescribed. 12A. Protection Officer: Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).The Local Level may designate a Protection Officer for purposes including controlling domestic violence and protecting victims of domestic violence. 12B. To Provide Free Legal Aid: Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).The Government of Nepal shall, upon request of a victim of domestic violence, provide free legal aid through the District Legal Aid Committee. Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).12C. Government of Nepal to be Plaintiff: A case mentioned in Section 5A shall be instituted with the Government of Nepal as plaintiff, and such case shall be deemed to be included in Schedule-1 of the Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075 (2018), as transformed by the Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074 (2017).National Criminal Procedure Code, 2074 (2017). 13. Punishment: Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(1) If any person commits domestic violence involving physical torture or sexual torture resulting in dismemberment or by sprinkling Amended by the Act to Amend Some Nepal Acts Relating to Good Governance Promotion and Public Service Delivery, 2081 (2024).burning, branding, trampling, dragging, causing pain to the body with chemical substances other than acid, or disfiguring any part of the face or body, such person shall be punished in accordance with the prevailing law.
Domestic Violence (Offense and Punishment) Act, 2009

Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(1A) If any person commits domestic violence other than that described in Sub-section (1), such person shall be liable to a fine of three thousand rupees to twenty-five thousand rupees or imprisonment for up to six months or both.

(2) A person who attempts or abets domestic violence or is an abettor shall be liable to half of the punishment prescribed for the principal offender.

(3) If a person who has already been punished for the offense of domestic violence commits the same offense again, he/she shall be liable to twice the punishment for each subsequent time.

(4) If any person holding a position of public accountability commits an offense under this Act against Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).his/her wife, senior citizen, person with disability, minor or pregnant woman, such person shall be liable to an additional ten percent punishment.

(5) If any person fails to comply with an order issued by the Court under Section 6, such person shall be liable to a fine of two thousand rupees to fifteen thousand rupees or imprisonment for up to four months or both. 14. Limitation for Filing Complaint: A complaint for an offense under this Act shall be filed within ninety days from the date of its commission. 15. Act Not to Bar Prosecution Under Prevailing Law: If any act or action which constitutes an offense under this Act is also punishable under any other prevailing law, this Act shall not be deemed to bar prosecution or action under such other law. 16. Matters to Be Governed by This Act and Prevailing Law: Matters provided for in this Act shall be governed by this Act, and other matters shall be governed by the prevailing law. 17. Power to Make Rules: The Government of Nepal may make necessary rules for implementing the objectives of this Act.
National Seva Dal Act, 1970

National Service Corps Act, 2027

Royal Seal and Date of Publication
2027.6.18

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7

Act No. 10 of the year 2027



An Act Made to Provide for the National Service Corps

Preamble: Whereas it is desirable to give military training to the students of Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in order to further awaken the spirit of loyalty to the country Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., develop a sense of national service, make them capable and disciplined citizens, and enhance their leadership capacity,

Therefore, His Majesty King Mahendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, has enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the “National Service Corps Act, 2072”.

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

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

(a) “Corps” means the National Service Corps constituted under this Act.

(b) “University” means a university established in Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. under the prevailing Nepal law, and the said term also denotes a college affiliated with such university.

(c) “School” means a secondary level educational institution recognized by the Government of Nepal.

(d) “Unit” means from the battalion to the platoon of the Corps.

(e) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules made under this Act. 3. Constitution and Dissolution of the Corps: (1) The Government of Nepal shall constitute one Corps.

(2) The Government of Nepal may, as required, constitute one or more Units of the Corps in such districts as it may specify.

(3) In the Units of the Corps constituted under sub-section (2), students of universities or schools shall be enrolled.

(4) The Government of Nepal may dissolve or reconstitute any Unit constituted under sub-section (2). 4. Divisions of the Corps: The Corps shall have the following divisions:—

(a) Senior Division, and

(b) Junior Division. 5. Enrolment: A student of a university who possesses the prescribed qualifications may be enrolled in the Senior Division of the Corps, and a student of a school may be enrolled in the Junior Division of the Corps. 6.
National Seva Dal Act, 1970

5. Enrolment: A student of a university who possesses the prescribed qualifications may be enrolled in the Senior Division of the Corps, and a student of a school may be enrolled in the Junior Division of the Corps. 6. Removal from the Corps: A person enrolled in the Corps shall be removed from the Corps in the following circumstances:—

(a) if enrolled for a fixed period, upon the expiry of that period, or

(b) if the person ceases to be a student of a university or school, or

(c) if removed as prescribed. 7. Appointment of Officers: (1) The Government of Nepal may appoint any employee of a university or school, or any other person, as an officer for the Corps or for any Unit of the Corps.

(2) The powers, duties and functions of an officer appointed under sub-section (1) shall be as prescribed. 8. No Compulsion for Military Service: A person enrolled in the Corps under this Act shall not be compelled to serve in the military service merely by reason of being enrolled in the Corps. Provided that such a person shall perform such duties as prescribed. 9. Fine: If any person enrolled in the Corps under this Act commits any act contrary to this Act or the rules made under this Act, the prescribed authority may impose a fine of up to Rs. 100.— (one hundred), which shall be recovered as prescribed. 10. Advisory Committee: The Government of Nepal may constitute an Advisory Committee as prescribed to advise on policy matters relating to the administration and organization of the Corps. 11. Recognition: The National Service Corps already in existence at the time of the commencement of this Act shall be deemed to have been constituted under this Act. 12.
National Seva Dal Act, 1970

11. Recognition: The National Service Corps already in existence at the time of the commencement of this Act shall be deemed to have been constituted under this Act. 12. Power to Make Rules: (1) The Government of Nepal may make rules for the purpose of implementing the objectives of this Act.

(2) Without prejudice to the power conferred by sub-section (1), such rules may provide for the following matters:—

(a) qualifications of persons to be enrolled in a Unit,

(b) the manner, conditions and period of enrolment in a Unit,

(c) medical examination of persons desiring to be enrolled in a Unit,

(d) giving of initial and periodic military training to persons enrolled in a Unit,

(e) military or other duties to be observed by persons enrolled in a Unit during the period of military training,

(f) discipline generally to be observed by persons enrolled in a Unit,

(g) public works and duties to be performed by persons enrolled in a Unit,

(h) provision of certificates or identity cards,

(i) remuneration and allowances for officers appointed under section 7 of this Act,

(j) removal of persons enrolled in the Corps under this Act,

(k) recovery of fines imposed under this Act,

(l) powers, duties and functions of the Advisory Committee constituted under this Act,

(m) other matters prescribed or required to be prescribed under this Act,

(n) providing such facilities as prescribed to the male and female students of the Corps.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

Rapti Dun Development Area Land (Sale and Distribution) Management Act, 2024

Date of Royal Seal Publication
2024.7.6.2

Amending Acts:

1. Some Nepal Laws (Amendment) Act, 2025 2025.1.2.28
2. Judicial Administration Reform Act, 2031 2031.4.18
3. Special Court Act, 2031 2031.6.20
4. Judicial Administration Reform (First Amendment) Act, 2033 2033.4.10
5. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
6. Judicial Administration Act, 2048 2048.2.16

Certification and Publication Date

7. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.07
8. Act to Amend Some Nepal Acts for Gender Equality and Ending Gender-Based Violence, 2072 2072.6.14
9. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 23 of the year 2024



An Act made to provide for the (Sale and Distribution) of Land in the Rapti Dun Development Area

Preamble: Whereas, under the Regional Development Plans (Implementation) Act, 2013, land sold and distributed in accordance with the Regional Development Plan (Rapti Dun Land Distribution) Rules, 2013, has, without remaining in the rights of those entitled to receive it in the sale and distribution, fallen into the hands of other persons; and whereas, to maintain the convenience and economic interest of the general public, it is desirable to fairly sell and distribute such land;

Therefore, from His Majesty King Mahendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, this Act is enacted. Chapter-1
Preliminary

1. Short title, extent and commencement: (1) This Act may be called the "Rapti Dun Development Area Land (Sale and Distribution) Management Act, 2024".

(2) This Act shall apply to the area mentioned in the Schedule.

(3) This Act shall come into force immediately. 2.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

Chapter-1
Preliminary

1. Short title, extent and commencement: (1) This Act may be called the "Rapti Dun Development Area Land (Sale and Distribution) Management Act, 2024".

(2) This Act shall apply to the area mentioned in the Schedule.

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

(a) "Development Area" means the land within the four boundaries mentioned in the Schedule.

(b) "Rules" means the Rules made under the Regional Development Plans (Implementation) Act, 2013.

(c) "Family" means any person and the following relatives of that person:—

(1) Husband or wife, whether separated in share or not,

(2) Sons, daughters, added by the Act to Amend Some Nepal Acts for Gender Equality and Ending Gender-Based Violence, 2072. under 16 years of age, whether separated in share or not, as long as the father or mother is alive,

(3) Deleted by the Act to Amend Some Nepal Acts for Gender Equality and Ending Gender-Based Violence, 2072

(4) Co-parceners living in joint family, whether separated in share or not,

(d) "Commission" means the Commission constituted or to be constituted from time to time by the Government of Nepal to work in the Development Area.

(e) "Forest" means a forest to which the Forest Act, 2049 applies.

(f) "Notified Order" means a notice published by the Government of Nepal in the Nepal Gazette.

(g) "Prescribed" or "as prescribed" means as prescribed in this Act or in the Rules made under this Act. Chapter-2
Constitution and Jurisdiction of the Commission, etc. 3. Constitution of Commission: (1) If the Government of Nepal considers that it is necessary to investigate and re-sell and distribute the land of the Development Area under this Act, it may, by a Notified Order, constitute a Commission comprising one or three members.

(2) If a Commission with three members is constituted, the member designated by the Government of Nepal shall be the Chairperson, and decisions of the Commission shall be by majority.

(3) In the case of a Commission with three members, the Commission may conduct its business and make decisions even if the Chairperson and one member are present. Provided that if opinions are divided, all three members shall be present and the decision shall be according to the majority. 4.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

Provided that if opinions are divided, all three members shall be present and the decision shall be according to the majority. 4. Prohibition on acquiring land: (1) After the commencement of this Act, no member or employee of a Commission constituted thereafter shall acquire any land in the Development Area in their own name or in the name of their family, or in the name of any other person on behalf of themselves or their family, when such land is being re-sold and distributed under this Act.

(2) If any person acquires land in contravention of sub-section (1), such land shall be confiscated and dealt with according to the prevailing Nepal law. 5. Jurisdiction of Commission: Amended by the Republic Strengthening and Some Nepal Laws (Amendment) Act, 2066.(1) The Commission may conduct proceedings by adopting the procedure under the Special Court Act, 2049. Provided that such Commission shall not be entitled to exercise the authority under clause (e) of section 6 of that Act.

(2) The Commission may, in writing, delegate its internal or administrative work to any member or employee.

(3) The Commission may make internal rules for the smooth conduct of its work. 6. Transfer of cases: (1) Pending diary cases relating to land in the Development Area in any court or tribunal other than the Supreme Court or the Revenue and Tax Court shall be transferred to the Commission constituted after the commencement of this Act.

(2) If the Commission is dissolved, the pending cases in the Commission shall be transferred to the District Court, amended by the Judicial Administration Reform (Fourth Amendment) Act, 2043. and such court shall conduct and conclude proceedings under this Act. 7. Changing members and dissolving Commission: The Government of Nepal may, by a Notified Order, change members or dissolve the Commission. 8. Validation of Commission: If any Commission constituted before the commencement of this Act has done any work or proceeding from the date of 19 Poush, 2020, Roj 6, and such work is not contrary to this Act, it shall be deemed to have been done under this Act; and if it is contrary, the Commission may confiscate such land. 9. Appeal: An appeal against the final decision or judgment made by the Commission under this Act shall lie to the High Court, amended by the Some Nepal Acts Amendment Act, 2072. within 35 days. Chapter-3
Power to Investigate Land in the Development Area

10.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

9. Appeal: An appeal against the final decision or judgment made by the Commission under this Act shall lie to the High Court, amended by the Some Nepal Acts Amendment Act, 2072. within 35 days. Chapter-3
Power to Investigate Land in the Development Area

10. Investigation of land in the Development Area: The Commission may investigate land in the Development Area as follows, and if so determined, the Commission may confiscate such land:—

(a) Where land was not obtained in accordance with the Rules,

(b) Where land was obtained in accordance with the Rules but the conditions prescribed by the Rules were not complied with. Provided that if such land is confiscated, the Government of Nepal may allow the person in whose possession and use it is at the time of confiscation to continue to possess and use it to that extent in accordance with the prevailing Nepal law. 11. No claim of right of any kind and right to refund of price: A person who has paid the price for land in accordance with the Rules but has not obtained the land shall, as prescribed in the Notified Order, (deducting any loan taken, if any) be entitled to a refund of the price previously paid. Chapter-4
Sale and Distribution of Land

12. Sale and distribution of land: (1) The Commission shall, subject to section 13, sell and distribute land confiscated under this Act as follows:—

(a) If, before the commencement of this Act, any person had obtained land in accordance with the Rules and had himself cultivated and earned income from that land, to the person or family possessing, using and cultivating such land,

(b) If, before the commencement of this Act, the same land had been obtained by one or more than one family or person, to the family or person among such families or persons who has cultivated and earned income from that land.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

Provided that if, among such families or persons, one had earlier cultivated and earned income from the land and was forcibly removed by another who later earned income from it, then to the family or person who earlier cultivated and earned income,

(c) If any person, firm or institution had obtained land under the Rules before the commencement of this Act on condition of using it for a specific program or project, but without complying with such condition had allowed another to cultivate it, to the family or person actually cultivating such land,

(d) Except in the circumstances mentioned in clauses (a), (b) and (c), if any person or family has been residing on any land in the Development Area up to the day preceding the commencement of this Act without possessing or using the land as a landowner or tenant, then to such family or person. Repealed by the Some Nepal Laws (Amendment) Act, 2034.(2)

(3) If any family or person has obtained only a certificate of sale and distribution of land without a specific land being designated, and has not possessed or used the land, or if a certificate has been obtained for land that was originally a road, pathway, pasture, etc., such certificate shall automatically become void after the commencement of this Act.

(4) A person or family who has obtained land in accordance with the Development Area Rules and is possessing and using it shall not be entitled to obtain land in the sale and distribution under this section. 13. Main conditions for sale and distribution of land: (1) Land sold and distributed under this Act shall be deemed to be sold and distributed subject to the following conditions and restrictions:—

(a) If the family or person obtaining land does not prove the condition under section 12, such land shall later be surrendered, and no concession or compensation shall be payable therefor,

(b) If such land is required for the purpose of maintaining a forest or forest boundary or for the protection of rhinoceros, the land shall be vacated within the period prescribed by the Government of Nepal. Provided that if land is so vacated, the Government of Nepal shall provide compensation in accordance with the prevailing law.

(2) If, upon investigation, the Commission finds that the condition under clause (a) of sub-section (1) has been violated, it may order confiscation of the land. An appeal against such order may lie to the High Court within 35 days. 14.
Rapti Dun Development Area Land (Sale and Distribution) Management Act, 1967

An appeal against such order may lie to the High Court within 35 days. 14. Conditions to be observed by the person obtaining land: (1) The family or person obtaining land in sale and distribution under this Act shall not be entitled to sell, gift, or bequeath such land to another person until the price of the land payable to the Government of Nepal is paid, or until the land, if it requires cultivation, is cultivated and personally possessed and used for 3 years.

(2) If any act is done in violation of sub-section (1), the right to the relevant land shall vest in the Government of Nepal, and the Government of Nepal may re-sell and distribute such land under this Act.

(3) A person obtaining land under this Act shall pay the price of the land within 3 years in three equal installments within the prescribed period at the prescribed office or before the prescribed officer. Provided that if any person wishes to pay in a lump sum or within a shorter period than 3 years, he may do so accordingly. Chapter-5
Provisions relating to Registration of Land

15. Maintaining land registration: The Commission or the prescribed officer or office shall have the following powers in relation to maintaining the registration of land sold and distributed under this Act:—

Provided that the prescribed officer or office shall not have such power if it is within the office of the Commission.

(a) To give collective or individual notices as necessary, to inquire necessary matters from concerned persons, to take statements, and to require them to submit documents.

(b) To dispose of complaints and petitions pending before the sale and distribution. Amended by the Some Nepal Acts Amendment Act, 2072.(c) To carry out other necessary works as assigned from time to time by the Government of Nepal relating to the distribution of land within the Development Area. 16. Land registration, land revenue assessment and land revenue collection: (1) Land shall be registered in the name of the person entitled to receive it in the sale and distribution at the local land revenue office as prescribed.

(2) A person obtaining land under this Act shall not be required to pay land revenue for the first year after obtaining the land. From the second year onwards, the person obtaining the land shall pay the land revenue as per the Notified Order based on survey or assessment at the local land revenue office.

(3) If any person fails to pay the land revenue under sub-section (2), the prevailing law relating to land revenue shall apply. 17.
Pesticides Management Act, 2019

Chapter-2

Registration of Pesticides

3. Requirement for Registration of Pesticides: (1) Any person, institution, or body shall register with the Centre before producing, formulating, exporting, importing, commercially using, storing, selling and distributing, transporting, packaging, or repackaging any pesticide and its active ingredient.

(2) A person, institution, or body wishing to register pursuant to sub-section (1) shall submit an application to the Centre through the Ministry looking after agricultural affairs of the province, or directly, in the prescribed details and format, and the Ministry looking after agricultural affairs of the concerned province shall forward the application received to the Centre within the prescribed time.

(3) Upon receipt of the application pursuant to sub-section (2), the Centre shall conduct necessary inquiries, and if prescribed conditions are found to be fulfilled, register such pesticide and issue a certificate thereof.

(4) The validity period of the certificate issued pursuant to sub-section (3) shall be three years.

(5) The fee payable for the registration of a pesticide and other related provisions shall be as prescribed.

(6) The Ministry shall publish the names of pesticides registered pursuant to sub-section (3) in the Nepal Gazette. 4. Prohibition on Use of Unregistered Pesticides: (1) No person shall produce, formulate, export, import, commercially use, store, sell and distribute, transport, package, or repackage any pesticide other than those registered under Section 3.

(2) Notwithstanding anything written in sub-section (1), it shall not be hindered to import a pesticide for scientific experimentation or research purposes with prior approval of the Centre. 5. Power to Cancel or Suspend Registration: (1) The Centre may cancel or suspend the registration of a pesticide in the following circumstances:

(a) If it is deemed inappropriate to maintain the registration due to the registered pesticide causing adverse effects on the health of humans, animals, or plants and the environment,

(b) If the use of the pesticide, for which purpose it was imported or formulated, is found ineffective,

(c) If the pesticide, for which purpose it was imported or formulated, is misused,

(d) If, after registration, any fact causing negative impact nationally or internationally is discovered, or due to any change in circumstances, it appears necessary to cancel or suspend the registration,

(e) If conditions prescribed at the time of registration are found to be violated,

(f) If any act contrary to this Act or the rules, directives, and standards made under this Act is found to have been done.

(2) The procedure relating to the cancellation or suspension of a registered pesticide shall be as prescribed. 6.
Pesticides Management Act, 2019

6. Re-registration of Pesticides: (1) Except in the circumstances mentioned in clauses (a), (c), (e), and (f) of sub-section (1) of Section 5, if there is a need to use such pesticides even after the validity of the registration certificate has expired, the person, institution, or body registering under Section 3 shall submit an application to the Centre for re-registration.

(2) In the case of pesticides whose registration has been cancelled or suspended on the grounds of clause (b) of sub-section (1) of Section 5, if any person, institution, or body believes that such a circumstance no longer exists and it is appropriate to re-register and use the pesticide, they may submit an application to the Centre for re-registration.

(3) Regarding the application submitted to the Centre pursuant to sub-section (1) or (2), if upon necessary inquiry it appears appropriate to re-register on the prescribed grounds, the Centre may re-register such pesticide and issue a certificate.

(4) The validity period of the certificate provided pursuant to sub-section (3) shall be three years.

(5) The grounds for re-registration of a pesticide, the fee payable therefor, and other provisions shall be as prescribed. 7. Renewal of Registered Pesticides: (1) An application for renewal shall be submitted to the Centre at least thirty-five days before the expiry of the term of a pesticide registered under Sections 3 and 6.

(2) If upon inquiry of the application filed pursuant to sub-section (1) it appears reasonable, the Centre shall renew the registration for another three years.

(3) Other procedures relating to the renewal of a pesticide shall be as prescribed. Chapter-3

Provisions Relating to License

8.
Pesticides Management Act, 2019

Chapter-3

Provisions Relating to License

8. Requirement to Obtain License: (1) Any person, institution, or body wishing to produce, formulate, export, import, transport, package, or repackage registered or re-registered pesticides shall obtain a license from the Centre before undertaking such activity.

(2) Before granting a license pursuant to sub-section (1), the Centre shall provide the prescribed technical information.

(3) The validity period of the license granted pursuant to sub-section (1) shall be three years.

(4) The concerned licensee shall submit an application for renewal to the Centre with the prescribed fee at least thirty-five days before the expiry of the period mentioned in sub-section (3).

(5) A licensee unable to submit an application within the period mentioned in sub-section (4) may submit an application to the Centre for renewal within fifteen days from the date of expiry of the period mentioned in sub-section (3) with double the fee.

(6) Upon conducting necessary inquiry regarding the applications received pursuant to sub-sections (4) and (5), the Centre may renew the license for another three years.

(7) Notwithstanding anything written in sub-section (1), provisions relating to granting, renewing, and cancelling licenses for the business of selling and distributing pesticides and applying pesticides among the pesticides registered under Section 3 shall be in accordance with the provincial law of the concerned province.

(8) A license not renewed pursuant to this section shall be deemed automatically cancelled.

(9) The format for application for a license pursuant to sub-section (1), fee payable therefor, procedure, qualification of the person, institution, or body seeking the license, and other provisions relating to renewal of license shall be as prescribed. 9. Power to Cancel License: (1) If any licensee violates the condition specified while granting the license, the Centre may cancel such license at any time.

(2) Before canceling the license pursuant to sub-section (1), the Centre shall give the concerned licensee a reasonable opportunity to submit any reasonable cause why the license should not be canceled, allowing a period of fifteen days.

(3) If cause is submitted why the license should not be canceled pursuant to sub-section (2), or if no information is received within that time, the Centre shall make a necessary decision regarding the cancellation within fifteen days and notify the concerned licensee thereof.

(4) During the period from the initiation of license cancellation pursuant to sub-section (2) until the decision is made pursuant to sub-section (3), the said license shall be deemed automatically suspended. 10.
Pesticides Management Act, 2019

10. Requirement to Obtain License from Province: (1) Any person, institution, or body wishing to engage in the sale and distribution, storage, commercial use of registered or re-registered pesticides, and the business of applying pesticides shall obtain a license from the Provincial Pesticide Management Committee.

(2) Provisions for granting, renewing, and canceling licenses pursuant to sub-section (1) shall be as determined by the provincial law. Chapter-4

Formation, Functions, Duties and Powers of Committee

11. Pesticide Management Committee: (1) There shall be a Pesticide Management Committee to provide necessary advice, suggestions, and consultation to the Government of Nepal, including for determining necessary policies relating to pesticide management.

(2) The Committee shall consist of the following members:

(a) Secretary, Ministry - Chairperson
(b) Joint Secretary, Ministry of the Government of Nepal looking after environmental affairs - Member
(c) Director General, Department of Livestock Services - Member
(d) Executive Director, Nepal Agricultural Research Council - Member
(e) Chief, Department of Health Services or specialist representative, Epidemiology and Disease Control Division - Member
(f) Five persons, including at least two women, nominated by the Ministry from among pesticide experts, forestry experts, agricultural experts, and consumer farmers - Member
(g) One person nominated by the Ministry from among pesticide dealers - Member
(h) Under Secretary (Law), Ministry - Member
(i) Chief - Member-Secretary

(3) The term of office of nominated members pursuant to clauses (f) and (g) of sub-section (2) shall be three years, and they may be nominated once more.

(4) Notwithstanding anything written in sub-section (3), if any member nominated pursuant to clauses (f) and (g) of sub-section (2) acts against the interest of the Committee, the Ministry may remove them even before the completion of their term. Provided that before such removal, they shall be given a reasonable opportunity to submit a defense.

(5) The Committee may invite experts on relevant subjects to its meeting as required. 12.