chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Code, 2017

55. Agent to be liable: (1) Unless otherwise provided in the contract, the agent shall be personally liable for transactions done on behalf of the principal in any of the following circumstances: -

(a) If the agent enters into a contract in relation to any transaction with a third party on terms of personal liability,

(b) If the agent works for an undisclosed principal or on behalf of such person without revealing the principal,

(c) If, for any reason, a suit cannot be filed against the principal,

(d) If the contract is made in the agent's own name,

(e) If the agent acts beyond the contract of appointment or authority,

(f) If the agent commits fraud or deceit in the course of the transaction,

(g) If according to the nature of the business, the agent must be personally liable,

(h) If the agent has an interest in the transaction.

(2) Unless otherwise provided in the contract between the agent and the third person, the third person shall not be deemed to be barred from making any claim against the principal merely because the agent is personally liable under sub-section (1), and legal action may also be initiated against the principal for any amount not recoverable from the agent.

(3) For the purpose of initiating legal action against the principal under sub-section (2), the limitation period shall be deemed to commence from the date of final recovery from the agent. 56. Principal liable if authority represented: (1) If the principal informs or leads a third party to believe that another person has been authorized to do any work on their behalf, the principal shall be liable for the acts done by the agent on their behalf, except where the third party knew or had reasonable cause to know that such authority was not given.

(2) In the circumstance under sub-section (1), even if the agent has acted beyond authority, the principal may be liable for the acts of the agent if there was reasonable ground for the third party to believe that the agent had authority. 57.
Muluki Civil Code, 2017

57. Termination of agency: (1) Unless otherwise provided in the contract, the agency shall be deemed to have ended automatically in the following circumstances: -

(a) If the agent voluntarily gives notice to the principal of ceasing to be an agent,

(b) If the principal revokes the authority or contract given to the agent, or gives notice to the agent that performance of the contract has become impossible,

(c) If the agent was appointed for a specific task and that task is completed,

(d) If the agent was appointed for a specific period and that period expires,

(e) If the principal or agent dies or becomes of unsound mind,

(f) If the principal becomes insolvent,

(g) If the subject matter for which the agent was appointed ceases to exist,

(h) If an incorporated body appoints an agent and such incorporated body is dissolved or liquidated.

(2) The principal may revoke the authority given to the agent, wholly or partially, before the agent exercises it, and upon such revocation, the agent shall be given immediate notice thereof. Provided that if the agent has already exercised some authority, such authority shall not be deemed revoked for the acts already done in accordance with it.

(3) Notwithstanding anything written elsewhere in this section, if the agent also has a share in the property related to the main subject for which the agency was created, the agent shall not be removed in a manner that adversely affects such share. 598. Prohibition on removal of agent: (1) Unless otherwise provided in the contract, if an agent is appointed for a specific time or task, the principal shall not remove the agent before such time or before the completion of the task without a just and sufficient cause.

(2) An agent appointed without specifying a time or task shall not be removed without prior notice with a reasonable cause.

(3) If the principal removes an agent contrary to sub-section (1) or (2), such agent shall be given reasonable compensation. 599. Agent not to abandon agency: (1) Notwithstanding anything written elsewhere in this Chapter, unless otherwise provided in the contract, an agent appointed for a specific time or task shall not cease to act as an agent before the expiry of the stipulated time or completion of the task without a just and sufficient cause.

(2) An agent appointed without specifying a time or task under sub-section (1) shall not cease to act without giving prior notice with cause to the principal.

(3) If any agent ceases to act in such capacity contrary to sub-section (1) or (2), the principal may claim reasonable compensation. 600.
Muluki Civil Code, 2017

600. Termination of sub-agent upon termination of agent: If the agent ceases to hold office under this Part, the sub-agent appointed by such agent shall also be deemed to have automatically ceased. 601. Limitation: A person who suffers loss from any act done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-11

Provisions relating to Contract for Carriage of Goods

602. Contract of carriage deemed to have been made: (1) If there is a contract regarding the carriage of any goods from one place to another, it shall be deemed to be a contract of carriage.

(2) Unless otherwise provided in the contract, a receipt or acknowledgment given by the carrier to the owner of the goods at the time of delivery of the goods for carriage shall be deemed evidence of a contract between the carrier and the owner of the goods. Explanation: For the purposes of this Chapter, "carrier" means a person operating transport other than air transport or maritime transport, or engaging in the business of such activity, and the term also includes a person operating carriage by inland water transport, ropeway, animals, or any other means. Provided that if goods are carried by a person employed on wages by the owner of the goods, or by the agent or subordinate of such owner, such person shall not be deemed a carrier for the purposes of this Chapter. 603. Liability of the carrier: (1) The carrier shall have the duty to carry goods taken from the owner for carriage in good condition and deliver them to the specified destination.

(2) If goods taken from the owner for carriage are lost, destroyed, broken, damaged, or harmed, or if they do not reach the specified destination in good condition in any other way, the carrier shall be liable.

(3) The carrier shall carry the goods within the time mentioned in the contract, or if no time for completion of carriage is mentioned in the contract, within a reasonable time, and deliver them to the owner of the goods, their representative, or the person designated by them. 604. Carrier to be liable: (1) If goods need to be carried by more than one carrier or by more than one mode of transport, unless otherwise provided in the contract, the carrier to whom the owner of the goods delivered the goods shall be liable.

(2) If goods carried by a person are stolen, lost, destroyed, or spoiled before delivery to the concerned person, the carrier shall be liable.
Muluki Civil Code, 2017

Provided that the carrier shall not be liable if such goods are lost, destroyed, or spoiled due to a calamity or accident. 605. Power to sell goods without owner's consent: (1) If, during the carriage of goods, a calamity or accident occurs and the goods cannot be delivered to the destination within the stipulated time, and the goods are likely to be destroyed or their value or quality substantially diminished, the person carrying the goods may sell such goods even without the consent of the owner.

(2) If sold under sub-section (1), the carrier shall pay the amount so received to the owner of such goods. 606. Limitation of carrier's liability: (1) Unless the owner of the goods or their representative has expressly declared the higher value of the goods to be carried at the time of making the contract, or unless otherwise provided in the contract, the compensation payable by the carrier for loss or damage to the goods carried shall not exceed one hundred thousand rupees.

(2) Notwithstanding anything written in sub-section (1), the carrier shall not be liable for loss or damage to gold, silver, diamonds, jewels, articles made of such valuables, precious stones, bills of exchange, securities, instruments executed by courts, certificates issued by educational and other institutions, currency, bank notes, postage stamps, fish, meat, fresh fruits and vegetables, insecticides and pesticides, flammable substances, petroleum products, valuable paintings, statues, curios, goods made of glass or easily breakable or perishable items, wild or domestic animals and birds, handicraft materials, arms and ammunition, electrical equipment (radio, television, computer, mobile or similar other items) and parts thereof, machinery goods, and goods specified by law as items to be declared by the owner prior to carriage, unless the owner or their representative has expressly declared such goods at the time of making the contract or at the time of delivering the goods to the carrier for carriage.

(3) For the risk to be borne for the carriage of goods under sub-section (2), the owner of the goods or their representative may arrange insurance against the risk, or the carrier may arrange insurance by charging a separate fee, or the carrier may make other necessary arrangements to prevent the risk. 607.
Muluki Civil Code, 2017

607. Compensation to be borne: Subject to Chapter-5 of this Part, for loss, damage, or harm arising during the carriage of goods declared or required to be declared at the time of making the contract under this Chapter or at the time of delivering the goods to the carrier, the carrier shall bear compensation as mentioned in the contract, and if not mentioned, with the consent of the owner of the goods, the reimbursement for the goods carried, or if no such consent exists or cannot be obtained, the prevailing price of such goods, and if price cannot be determined, a reasonable price, along with reasonable compensation for the loss or damage suffered by the owner of the goods. 608. Termination of carrier's liability: Unless otherwise provided in the contract, the carrier's liability shall be deemed to have terminated in any of the following circumstances: -

(a) If the carrier or their representative carries the goods and delivers them to the owner of the goods, their representative, or the person designated by them,

(b) If the goods delivered to the carrier are taken back by the owner or their representative before carriage,

(c) If, due to the circumstances under clause (b) of sub-section (2) of section 531, the carrier or their representative returns the goods to the owner or their representative, showing cause that the goods cannot be carried within the stipulated time. 609. Limitation: A person who suffers loss from any act done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-12

Provisions relating to Lease Contract

610. Lease contract deemed to have been made: (1) If there is a contract whereby a person gives any object subject to their right and ownership to another person for possession and use and to derive benefit therefrom for a certain period under the condition of receiving regular rent, it shall be deemed to be a lease contract.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, "object" means any property that can be used, possessed, or enjoyed without being consumed, and from which benefit can be derived.

(2) If a lease contract is made under sub-section (1), unless otherwise provided in such contract, the lessor shall ensure the following to the lessee: -

(a) To transfer a specific object for possession and use according to the contract,

(b) To keep the object transferred under clause (a) in a usable or operable condition at the time of transfer,

(c) To make arrangements so that the object transferred under clause (a) or (b) can be used or enjoyed peacefully and without hindrance.

(3) Notwithstanding anything written elsewhere in this section, objects that are consumed or destroyed during use cannot be leased. 611. Not to alter form of leased object: The lessee shall not alter the original form of the leased object during the term of the lease without the consent of the owner. Provided that nothing written in this section shall prevent the repair, maintenance, improvement, or renovation of the leased object. 612. Leased object to be used in good faith: (1) The lessee may use and enjoy the leased object in good faith, in a prudent manner, as if it were their own property.

(2) When using and enjoying the leased object under sub-section (1), it must be done in accordance with the purpose of the lease contract.

(3) If it is proven that the leased object has been used or consumed contrary to sub-section (1) or (2), the lessor may terminate such contract at any time. 613. Maintenance and repair of leased object: (1) Unless otherwise provided in the lease contract, the lessor shall carry out the maintenance and repair of the leased object.

(2) Notwithstanding anything written in sub-section (1), if the leased object cannot be used or enjoyed without immediate repair, maintenance, or improvement, the lessee may, after informing the lessor, carry out such repair, maintenance, or improvement themselves.

(3) The cost of repair, maintenance, or improvement under sub-section (2) shall be reimbursed by the lessor or adjusted against the lease rent. 614.
Muluki Civil Code, 2017

614. Lessor to be informed if object not usable: (1) If the leased object or any part thereof is damaged, harmed, or lost in any way, or becomes unusable for any reason, or if any person makes any claim or disturbance over such object or any part thereof, or if any hindrance or obstruction arises from anyone during possession and use, the lessee shall immediately inform the lessor thereof.

(2) Upon being informed under sub-section (1), the lessor shall, within fifteen days, carry out such repair, maintenance, improvement, or legal remedy as necessary to restore the leased object to its former condition according to its nature.

(3) If the leased object cannot be restored to its former condition within the period under sub-section (2), the lease rent shall be reduced in proportion to the damage, loss, unusability, claim, disturbance, or hindrance. 615. Lessee to be liable: (1) To prevent loss or damage to the leased object, the lessee shall use or enjoy the object by taking adequate security measures according to its nature.

(2) If, during the term of the lease, the leased object is destroyed or ruined for any reason, or if any loss or damage occurs to it, or if due to negligence of the lessee, a member of their family, their agent, or a third party, the object is damaged and its value diminishes, the lessee shall be liable therefor and shall restore such object to its former condition accordingly, and if unable to do so, shall pay compensation therefor.

(3) Notwithstanding anything written in sub-section (1) or (2), the lessee shall not be liable for loss or damage to the leased object due to force majeure.

(4) If the leased object is partially lost or damaged due to force majeure under sub-section (3), and the lessor does not restore it to its former condition or it cannot be restored, the lessor shall reduce the lease rent in proportion to such loss or damage. Explanation: For the purposes of this section, "force majeure" means any of the following circumstances: -

(1) Storm, earthquake, volcano,

(2) Excessive rain, flood, landslide, landslip, lightning,

(3) Fire caused by any means other than bad faith, negligence, or carelessness of the lessee, their family, employees, workers, or a third party,

(4) Terror, civil rebellion, civil war,

(5) Other natural disasters of a similar nature beyond human control. 616.
Muluki Civil Code, 2017

616. Payment of lease rent: (1) The lessee shall pay the lease rent amount to the lessor according to the terms mentioned in the lease contract.

(2) If the condition for paying the lease rent under sub-section (1) is not mentioned, in the case of movable property, the lease rent shall be paid by the day following the end of each month; in the case of land taken for farming, easement, industrial or infrastructure construction, or house building, within fifteen days after the end of each fiscal year; and in the case of other objects, within one week after the end of each month.

(3) Notwithstanding anything written elsewhere in this section, if any person claims a right over the leased object or any part thereof, creates any hindrance or obstruction, or makes a claim, thereby preventing the lessee from fully enjoying the object or any part thereof, the lessee may reduce the lease rent proportionately. 617. Duration of lease contract: (1) A lease contract relating to the following objects shall not remain in force for a period longer than the following: -

(a) In the case of land taken for house building or a house built and under use, thirty-five years,

(b) In the case of land taken for the purpose of servitude, thirty-five years,

(c) In the case of land taken for the construction, development, and operation of industrial structures or infrastructure such as roads, canals, electricity generation, forty years,

(d) In the case of agricultural land, twenty years,

(e) In the case of land taken for purposes other than those mentioned in clauses (a), (b), (c), or (d), nineteen years,

(f) In the case of vehicles, fifteen years,

(g) In the case of mechanical equipment other than vehicles, fifteen years,

(h) In the case of other equipment not mentioned in clauses (f) or (g), fifteen years,

(i) In the case of domestic animals, ten years,

(j) In the case of other objects not mentioned in this section, ten years, considering the lifespan and nature of such object.

(2) Notwithstanding anything written in sub-section (1), before the expiry of the period mentioned in that sub-section, the parties may extend the term of the lease contract subject to the applicable term.

(3) Notwithstanding anything written in sub-section (2), the parties to the contract may decide to extend or not to extend the term of the lease considering the location of the house and land taken on lease and the nature of the object. 618.
Muluki Civil Code, 2017

618. Leased object may be sub-leased: (1) The lessee may, with the prior consent of the lessor, sub-lease the leased object or any part thereof to any person by another lease contract.

(2) The lessee shall not be relieved of their liability towards the lessor by reason of sub-leasing under sub-section (1).

(3) The terms of the sub-lease contract under sub-section (1) shall not be different from the terms of the original lease contract regarding the sub-leased object.

(4) When determining the terms of the sub-lease contract under sub-section (3), it may be provided that the sub-lessee shall be directly liable towards the lessor in relation to the sub-leased object, and if such provision is made, the sub-lessee shall be liable towards the lessor to the extent of the sub-lease contract.

(5) The duration of a sub-lease contract made under sub-section (1) shall not exceed the duration of the contract between the lessor and the lessee.

(6) If the lessor makes any legal remedy or claim against the lessee under this Chapter, the sub-lessee shall not be liable therefor, except in the circumstance under sub-section (4).

(7) Amended by the Some Nepal Acts Amendment Relating to the Civil Code Act, 2075. Nothing written in this section shall be deemed to hinder in any way the rights that the lessor may exercise under the lease contract. 619. Leased object to be returned: (1) Unless otherwise mentioned in the lease contract, if the lease contract is terminated for any reason, the lessee shall deliver the leased object under this Chapter to the lessor within thirty-five days of such termination. Provided that in the case of immovable property, after thirty-five days of the termination of the lease contract, the lessor's right to possession of such object shall be deemed to have accrued automatically.

(2) Under sub-section (1), the lessee shall return the leased object to the lessor in the same condition as it was received at the time of taking the lease. Provided that the lessee shall not be liable for normal wear and tear arising from the use or enjoyment of the object.

(3) If at the time of taking the lease, an inventory of the leased object and its accessories and spare parts was prepared, then when returning the leased object under sub-section (1) or (2), the object and its accessories and spare parts shall be returned according to that inventory. Provided that accessory or spare parts which are destroyed, ruined, or consumed in the course of normal use according to the nature of such object need not be returned. 620.
Muluki Civil Code, 2017

Provided that accessory or spare parts which are destroyed, ruined, or consumed in the course of normal use according to the nature of such object need not be returned. 620. Special provision relating to lease of immovable property: (1) Notwithstanding anything written elsewhere in this Chapter, a lease contract for immovable property shall be made in writing.

(2) When leasing immovable property for a period exceeding ten years, such content shall be registered with the authority competent according to law.

(3) Notwithstanding anything written elsewhere in this Chapter, immovable property shall not be leased for the purpose of farming, house building, or land development to a person who cannot acquire ownership of immovable property within Nepal according to law, without the approval of the Government of Nepal.

(4) Unless otherwise provided in the contract, upon the expiry of the lease term and return of the land taken under the lease contract, houses, sheds, or other structures built by the lessee on such land, or gardens, forests, or trees thereon, the lessee's right and ownership over such houses, sheds, or other structures, or gardens, forests, or trees shall be deemed to continue, and accordingly, the lessee shall remove such houses, sheds, or structures, or gardens, forests, or trees from the land.

(5) Notwithstanding anything written in sub-section (4), if the lessor wishes to take such houses, sheds, or other structures, or gardens, forests, or trees as they are, the lessor shall pay the mutually agreed price therefor. 621.
Muluki Civil Code, 2017

621. Termination of lease contract: (1) The lessor may terminate the lease contract in any of the following circumstances: -

(a) If the lessee fails to pay the lease rent for ninety days after the due date for payment, unless the lessor has otherwise permitted,

(b) If the lessee uses or enjoys the leased object contrary to section 612,

(c) If the lessee fails to inform or give notice regarding matters under sub-section (1) of section 614,

(d) If the lessee fails to restore the leased object to its former condition within a reasonable time according to its nature under sub-section (2) of section 615,

(e) If the lessee sub-leases without the prior consent of the lessor.

(2) The lessee may terminate the lease contract in any of the following circumstances: -

(a) If the leased object becomes unusable or unenjoyable for the purpose or objective for which it was taken,

(b) If the lessor fails to reimburse the cost of repair and maintenance or adjust it against the lease rent under sub-section (3) of section 613,

(c) If the lessor fails to reduce the lease rent or does not agree to reduce it under sub-section (3) of section 614 or sub-section (4) of section 615. 622. Provisions relating to house rent to apply: Notwithstanding anything written elsewhere in this Chapter, the provisions of Chapter-9 of Part-4 shall apply to house rent. 623. Limitation: A person who suffers loss from any act done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-13

Provisions relating to Hire Purchase Contract

624. Hire purchase contract deemed to be made: (1) A hire purchase contract shall be deemed to be made if a person hires any object to another person under the following conditions: -

(a) The owner of the object hires the object to a person on payment of periodic installments, and the person hiring has the right to possess and use the object,

(b) The person hiring may purchase the hired object according to the terms of the contract,

(c) After payment of the last installment, ownership of such object is transferred to the person hiring,

(d) At any time before the transfer of ownership under clause (c), the person hiring may terminate the contract.

(2) A contract under sub-section (1) shall be in writing.

(3) A copy of the contract made under this section shall be provided free of charge by the owner of the object to the person hiring immediately upon conclusion of the contract.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, -

(1) "Object" means any movable property that can be hired for use.

(2) "Person hiring" means a person who obtains any object on hire for use under a hire purchase contract, and the term also includes, in the event of the death of such person, their legal heirs or any other third person entitled to receive such object under the contract. 625. Matters to be mentioned in hire purchase contract: (1) A hire purchase contract under section 624 shall mention the following matters: -

(a) The object and a brief description thereof,

(b) The hire purchase price of the object,

(c) The cash price of the object,

(d) The date on which the contract is deemed to have commenced,

(e) The amount of each installment payable by the person hiring to the owner of the object and the number thereof,

(f) The due date for payment of each installment and the mode of payment,

(g) The person and place to whom the amount under clause (f) shall be paid.

(2) If installments under clause (f) of sub-section (1) may be paid by any means other than cash, a brief description thereof shall be mentioned in the hire purchase contract.

(3) If a hire purchase contract is made without mentioning any of the conditions under this section, the person hiring may file a complaint to have such contract rescinded, and if it appears that the failure to mention any such condition has adversely affected the person hiring, the court may rescind such contract or issue any other order it deems appropriate. Explanation: For the purposes of this Chapter, -

(1) "Hire purchase price" means the total amount payable by the person hiring to purchase or acquire the full ownership of the object, and the term also includes any amount payable as a deposit or initial payment.

(2) "Cash price" means the price at which the person hiring could purchase the object by paying cash. 626.
Muluki Civil Code, 2017

627. Effect of hire purchase contract: (1) Unless otherwise written in the contract, the following conditions shall be deemed to be implied in a hire purchase contract between the parties: -

(a) The person hiring has the right to possess and use the hired object without hindrance,

(b) At the time of transfer of the object by the owner to the person hiring for possession and use, no fee is payable and the object is free from any claim by anyone,

(c) The owner of the object has given assurance that the person hiring will have a reasonable opportunity to compare the object with a sample,

(d) At the time of transfer of the object by the owner to the person hiring, the owner had the right to sell such object,

(e) At the time of transfer of the object, the object under clause (a) is of satisfactory quality,

(f) If the person hiring informed the owner that an object was being hired for a particular purpose, the owner has guaranteed that such object or its quality is suitable for that purpose.

(2) Notwithstanding anything written in clause (e) of sub-section (1), the owner shall not be liable for the quality of the object in the following circumstances: -

(a) If, at the time of making the hire purchase contract relating to the object, the owner could not have known of the defect,

(b) If the hire purchase contract itself mentions the inferior quality of the object,

(c) If the person hiring collected and examined any sample of the object and the quality of the object matches that sample,

(d) If the hire purchase contract relates to a used object and the contract mentions such fact.

(3) If the person hiring has hired an object on the basis of a sample, the owner of such object shall be deemed to have assured that the entire object will match the sample.

(4) If a contract is made under this Chapter and a description of the object or its quality is mentioned in the contract, the owner shall be deemed to have guaranteed that the object or its quality is as per the contract.
Muluki Civil Code, 2017

Provided that if a sample is also mentioned in the contract, it shall not be sufficient that the quality of the consignment of the object matches the sample; it must also match the description in the contract.

(2) For the purpose of sub-section (1), the owner shall give approval or refusal within fifteen days of the written request made by the hirer with the intention of obtaining approval from the owner to transfer his right, interest or liability to another person, and if approval is not received within such period, he shall be deemed to have refused to give approval.

(3) If the owner refuses pursuant to sub-section (2), the hirer may file a suit in court within thirty-five days to have such refusal annulled, and if the court orders that such refusal was not reasonable, it shall be deemed that approval has been obtained from the owner.

(4) Nothing contained in this section shall be deemed to prevent the use or enforcement of such right, interest or liability from being transferred to another person by operation of law. 634. Liability if the goods are used contrary to condition: If the hirer uses the goods related to the hire purchase agreement in a manner contrary to the condition relating to such agreement, he shall be liable therefor. 635. Information of the actual condition of the goods to be given: The person using the goods related to the hire purchase agreement shall, within fifteen days of the owner requesting information, give the owner details regarding the place where such goods are located and the condition of the benefit obtainable from such goods. 636.
Muluki Civil Code, 2017

636. Owner may terminate the agreement: (1) If the hirer fails to pay more than one installment amount of the hire purchase price payable under the hire purchase agreement, the owner may terminate the hire purchase agreement at any time by giving prior notice as follows to such person:-
(a) If the installment amount is payable at intervals of one week or less, one week's notice,
(b) In cases other than those mentioned in clause (a), fifteen days' notice.

(2) Notwithstanding anything contained in sub-section (1), if before the expiry of the period for giving prior notice under that sub-section, the hirer pays to the owner the installment amount due up to that period and, if interest is chargeable under the hire purchase agreement, such interest as well, the hire purchase agreement shall not be terminable.

(3) If the hirer fails to comply with the hire purchase agreement or the condition of section 629 or 635, the owner may terminate the hire purchase agreement by giving notice of at least fifteen days.

(4) Upon termination of the agreement under sub-section (1) or (3), the owner may exercise the following rights in relation to the goods hired:-
(a) To take back such goods wherever and in whatever condition they are, and if unable to take back, to repossess them,
(b) To determine from the amount already paid in respect of such goods the amount that he may receive as hire, and notify the hirer to take back the surplus amount,
(c) To forfeit any deposit amount taken from the hirer at the time of hiring the goods,
(d) To enter the house where the goods are located with the assistance of the police in the course of repossessing the hired goods,
(e) To recover compensation from the amount paid or claim such compensation for any loss or damage to the goods caused by failure to return the hired goods in time or by non-compliance with the agreement or the condition of section 629 or 635.

(5) Notwithstanding anything else contained in this section, if at least the base value of the hired goods has been paid by the hirer, surety, or investor, the owner shall not be entitled to terminate the hire purchase agreement under this section.
Muluki Civil Code, 2017

Explanation: For the purpose of this section, "base value" means, for a hire purchase price up to fifty thousand rupees, three-fourths thereof, and for a hire purchase price exceeding that, at least half of such price.

(6) If the owner terminates the hire purchase agreement contrary to sub-section (5), the hirer or the surety shall be discharged from all obligations to be fulfilled under the hire purchase agreement, and he shall be entitled to a refund of the entire amount paid in respect of the hired goods. Provided that he shall return the hired goods to the owner.

(7) Notwithstanding anything contained in sub-section (5), nothing shall be deemed to prevent the right to claim the hire purchase price amount receivable from the hirer under the hire purchase agreement due to the inability to terminate the agreement.

(8) Notwithstanding anything else contained in this section, the owner may terminate the hire purchase agreement with a person who fails to provide the details as per section 635, and may also claim compensation for any loss or damage caused to such goods in any manner. 637. Rights of the hirer upon repossession of goods: (1) If the goods given on hire are repossessed by the owner under clause (a) of sub-section (4) of section 636, the hirer shall receive from such person the amount paid in relation to the hire purchase price up to the day of repossession and an amount equal to the value of the goods on the day of repossession. Explanation: For the purpose of this section, "value on the day of repossession" means the amount that would be obtained upon sale of the repossessed goods after deducting the following expenses or amounts:-
(1) Reasonable expenses incurred in repossessing the goods,
(2) Reasonable expenses for storage and maintenance incurred until the sale of the goods,
(3) Reasonable expenses incurred in selling or otherwise transferring the goods,
(4) Amount paid on account of any tax, duty, fee, or any outstanding amount payable by the hirer under applicable law in respect of the goods.

(2) The amount under sub-section (1) shall be paid to the hirer within thirty days from the date of repossession of the goods, and if payment is made after such period, interest at the rate of ten percent per annum shall also be paid. 638.
Muluki Civil Code, 2017

638. Status of hired goods if the hirer becomes insolvent: (1) If, during the subsistence of a hire purchase agreement, the court determines that the hirer has become or is about to become insolvent under applicable law, the liquidator or any other person having similar authority who takes control of such person's property as a result thereof shall exercise the rights and discharge the liabilities in respect of the goods related to the hire purchase agreement as if he were the hirer.

(2) If the hirer becomes insolvent and proceedings relating thereto are pending in any court, the liquidator or the person exercising similar authority under sub-section (1) may, with the permission of such court, transfer the goods related to the hire purchase agreement to any other person in any manner, and if such goods are so transferred, the person receiving the goods upon transfer shall exercise the rights and discharge the liabilities under the hire purchase agreement as if he were the hirer. 639. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-14

Provisions Relating to Wages and Labour

640. Persons who may be employed: (1) Any person who has attained the age of at least fourteen years may be employed with his consent. Provided that a person who has not completed the age of sixteen years shall not be employed in a hazardous occupation or work.

(2) When employing a person under sub-section (1), the provisions of this Chapter shall be complied with or caused to be complied with. 641. Wages or remuneration to be paid: (1) When any person is employed in any work under section 640, the employer shall pay wages or remuneration to the worker in proportion to the work, unless the worker voluntarily agrees to work without wages or remuneration.

(2) When paying wages or remuneration under sub-section (1), if a specific wage has been fixed by agreement between the employer and the worker, the same shall be paid; if not fixed, the wage or remuneration shall be paid at the rate prevailing in the locality for such work.

(3) When paying wages or remuneration under sub-section (1) or (2), the wages or remuneration shall be paid after the completion of the work, unless otherwise agreed between the employer and the worker.

(4) When determining wages or remuneration under this section, the wages or remuneration shall be determined on the basis of each day worked, unless otherwise agreed between the worker and the employer. 642.
Muluki Civil Code, 2017

Explanation: For the purpose of this Chapter, "domestic help" means a person employed in household work in such a manner that he may be employed at any time as required. 644. Special provisions relating to domestic help: (1) If any person employs another as a domestic help, the employer shall also comply with the following conditions in respect of him:-
(a) Wages or remuneration shall be fixed and paid on a monthly or annual basis,
(b) According to the status of the employer, meals three times a day (morning, afternoon, and evening) and clothing suitable for the season shall be provided,
(c) According to his status, suitable accommodation, toilet, and bathing facilities shall be provided,
(d) If the person is below the age of eighteen years, if he so desires, arrangements for study shall be made at an appropriate time considering the household work,
(e) If he falls ill, arrangements for his medical treatment shall be made,

Provided that the expenses thereof shall not be deducted from his monthly or annual wages or remuneration.
(f) He shall not be employed during illness, and in other circumstances, he shall not be given work that he is unable to do due to his age, capacity, or condition,
(g) In the event of his death, the expenses for his funeral and ordinary mourning rites shall be borne,
(h) Inhuman or humiliating behavior added by the Act to Amend Some Nepal Acts relating to the Civil Code, 2075. or domestic violence shall not be committed,
(i) Other conditions to which the domestic help has agreed shall be complied with.

(2) The expenses incurred under clauses (b), (c), and (d) of sub-section (1) shall not be deducted from the monthly or annual wages or remuneration of the domestic help.

(3) If any person employs another as a domestic help, he may inform the concerned ward committee of the concerned local level in writing within one month from the date of such employment. 645. Not to abandon work taken: (1) After any person has undertaken or promised to do any work, he shall not abandon such work midway without completing it without reasonable cause.

(2) If any person abandons work midway under sub-section (1), the liability therefor shall be borne by the person abandoning the work. 646. Wages or remuneration to be paid to the worker: (1) The wages or remuneration payable by the employer for the work done shall be paid to the worker or to any other person authorized by him.

(2) If the worker dies before the payment of wages or remuneration under sub-section (1), the wages or remuneration payable to him shall be received by his nearest heir. 647.
Muluki Civil Code, 2017

647. Limitation: A person aggrieved by the matters under this Chapter may, in the case of section 644, file a suit within three months from the date on which the cause of action arose, and in the case of other matters, within thirty-five days. Chapter-15

Provisions Relating to Quasi-Contract or Implied Contract

648. When quasi-contract or implied contract is deemed: (1) Notwithstanding anything contained in Chapter 2 of this Part, if any person does any definite, lawful, voluntary, or unilateral act that may create a juridical relation, an implied contract or quasi-contract shall be deemed to have been made.

(2) If a quasi-contract or implied contract is made under sub-section (1), a liability shall arise under this Chapter from the same facts. 649. Not to voluntarily abandon management of another's property (Negotiorum Gestio): If any person voluntarily manages or operates the closed business or property of another person without the knowledge or authority of such person, he shall not abandon it midway until such closed business or property continues to exist, unless he hands it over to such person or his heir or representative, or unless such person removes him. 650. Person undertaking property to take care or manage: (1) If any person undertakes in any manner to take care of or manage the property of another, he shall take care of or manage it in good faith as if it were his own property.

(2) If the person who has undertaken the property under sub-section (1) causes loss or damage due to bad faith or negligence, he shall bear the compensation therefor. 651. Person delegating authority not to be freed from liability: If any person has been entrusted with the responsibility of doing any work by another person, he shall not be freed from his liability to such person by reason of delegating all or any of his authority to do such work to another person, provided that the liability towards such person is not adversely affected. 652. Reasonable expenses to be paid for saving property in a disaster: If any person saves or protects any property without the knowledge of the owner in the event of a disaster such as fire, flood, landslide, storm, or earthquake, the owner of the property shall reimburse the reasonable expenses incurred in saving or protecting such property to such person. 653.
Muluki Civil Code, 2017

653. Right to claim reimbursement: (1) If, even though a person was not legally obliged to fulfill any liability, he fulfills such liability at his own expense, and thereby another person receives any thing or benefit, the person fulfilling the liability shall be entitled to claim reimbursement of the amount incurred from the person receiving such thing or benefit.

(2) Notwithstanding anything contained in sub-section (1), if any person fulfills a liability for an unlawful purpose, he shall not be entitled to claim reimbursement therefor. 654. Right to claim for maintenance provided: If any person provides maintenance to another person without the knowledge of the person who has the duty to provide maintenance to such person, the person providing maintenance may claim the amount therefor from such person. Provided that if he provided maintenance out of affection or favor to the person maintained, or with the intention of not claiming the amount therefor, such amount shall not be claimable. 655. Heir to reimburse expenses for funeral of deceased: If any person dies and his funeral, required to be performed according to his custom, tradition, and culture, is performed by another person without the knowledge of the heir or nearest relative of the deceased, and such person claims the expenses incurred in so performing the funeral, the nearest heir of the deceased, or if there is none, the relative, shall reimburse such expenses to him. 656. Expenses for maintenance of an incapable person deleted by the Act to Amend Some Nepal Acts relating to the Civil Code, 2075. to be borne: If a person who has the duty to provide maintenance or care for a helpless minor who is of unsound mind, physically disabled, or has no means of livelihood, refuses to provide maintenance or care, and another person provides maintenance or care, the person providing such maintenance or care may claim reimbursement of the expenses therefor from the person having such duty. 657. Expenses for treatment to be reimbursed: If a person is injured in an accident or becomes seriously ill due to any other reason, and someone other than his immediate heir, relative, or kin voluntarily provides or arranges treatment, the expenses incurred in such treatment shall be reimbursed by the heir, relative, or kin to the person providing or arranging such treatment. Provided that if he provided or arranged treatment with the intention of not claiming the expenses, reimbursement shall not be required. 658.
Muluki Civil Code, 2017

Provided that if he provided or arranged treatment with the intention of not claiming the expenses, reimbursement shall not be required. 658. Expenses incurred by a public body to be borne: If any person voluntarily fails to comply with the necessary health or safety measures required to be observed under law for the protection of his own or the public's body, life, or property, and any government or public body complies or causes the compliance of such measures, such person, even without his consent, shall bear the reasonable expenses incurred in complying or causing to comply such measures. 659. Reimbursement of amount paid by an interested party: If there is an agreement that another person shall pay an amount payable by a person under law, and such other person fails to pay such amount, and the person who is required to pay such amount pays it, the person making the agreement shall reimburse him. 660. Price or remuneration to be paid: If any person gives any goods to another person or employs another person for any work, the price according to such goods or service or the remuneration according to such work shall be paid. 661. May recover price of goods or services: If any person provides any goods or services to a person who is legally incompetent to make a contract or to any person who has the responsibility to maintain such incompetent person, the price of such goods or services may be recovered from the person receiving such goods or services. 662. Property in possession to be kept as a trust: If any person, in any manner, keeps in his possession the property of another which he is entitled to keep under law, he shall keep such property as a trust. 663. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-16

Provisions Relating to Unjust Enrichment

664.