chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Archives Protection Act, 1989

To survey, search, collect, preserve, and promote records of national importance,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6b. To collect or obtain documents of historical and national importance through gift, purchase, lease, or other means,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6c. To supervise works related to the preservation and management of documents in offices,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6d. To provide assistance and advice regarding the preservation and management of records and documents kept by offices, provinces, or local levels,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6e. To microfilm and digitize records,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6f. To preserve records in such a way that they are not subject to damage or loss from disasters,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6g. To grant approval upon conditions if anyone requests to publish records,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6h. To raise public awareness regarding the collection and preservation of records,

Added by the Records Protection (First Amendment) Act, 2081.5.1.6i. To submit an annual report on records management to the Ministry each year,

5.1.7 Other functions, duties, and powers of the National Archives shall be as prescribed. 6. Regarding Sending of Documents by Offices to the National Archives:

6.1 Offices shall send the following documents to the National Archives for secure preservation and storage:-

6.1.1 Documents of national importance mentioned in Amended by the Records Protection (First Amendment) Act, 2081. sub-clauses 2.1.1.1 and 2.1.1.2 that are twenty-five years old or older,

Added by the Records Protection (First Amendment) Act, 2081.6.1.1a. Certified copies of treaties and agreements to which Nepal is a party and which relate to the office,

Amended by the Records Protection (First Amendment) Act, 2081.6.1.2 Palm leaf, birch bark, gold leaf, silver leaf, copper plates, stone inscriptions, wooden plates, brick inscriptions, or their copies or photographs,

6.1.3 Postage stamps affixed with first day cancellation of each Amended by the Records Protection (First Amendment) Act, 2081. publication, and new publications of money order forms, aerogrammes, and postcards. 6.2 If an office deems that documents should be preserved in the form of records from a national perspective, it shall send the following documents to the National Archives for secure preservation and storage, with or without specifying a period: Amended by the Records Protection (First Amendment) Act, 2081.
Archives Protection Act, 1989

6.2 If an office deems that documents should be preserved in the form of records from a national perspective, it shall send the following documents to the National Archives for secure preservation and storage, with or without specifying a period: Amended by the Records Protection (First Amendment) Act, 2081. 6.2.1 Reports, financial statements, treaties, agreements, or any publication,

6.2.2 Handwritten manuscripts, books, newspapers, letters, deeds, pictures, or photographs,

6.2.3 Maps, plans, charts, files, case records, or registers, films,

6.2.4 Films, microfilms, tapes (audio recorder, motion picture, or computer disks or Added by the Records Protection (First Amendment) Act, 2081. computer cassettes, including originals or copies of digital or electronic records),

6.2.5 Amended by the Records Protection (First Amendment) Act, 2081. Other documents not mentioned in clauses 6.2.1, 6.2.2, 6.2.3, or 6.2.4. 6.3 When an office pulps government documents pursuant to the prevailing law relating to pulping government documents, it shall send the documents as prescribed to the National Archives. Added by the Records Protection (First Amendment) Act, 2081.6.3a. The office shall send a register containing the list of documents pulped pursuant to prevailing law to the National Archives for record. 6.4 While sending documents to the National Archives, the office shall also send a list according to their classification. 6.5 While sending documents pursuant to sub-section 6.1 or 6.2 to the National Archives, if such documents should not be inspected, copied, or copies thereof provided to anyone other than a prescribed person for a specific period, the office shall mention that fact and such period and send them to the National Archives for storage. 6.6 Documents sent by an office to the National Archives pursuant to sub-section 6.1 shall not be taken back by that office. Provided that, among the documents sent to the National Archives pursuant to sub-section 6.2, if documents were sent with a specified period, after the expiry of such period, the concerned office may take them back as prescribed if it so desires. 6.7 If the office that sent documents to the National Archives pursuant to sub-section 6.1 needs such documents, the National Archives may make them available to the concerned office as prescribed for a prescribed period, subject to the return of such documents to the National Archives. Added by the Records Protection (First Amendment) Act, 2081.6a. Provincial Governments and Local Levels to Send Documents: Provincial Governments and local levels shall send one copy of documents of national importance to the National Archives for preservation. Added by the Records Protection (First Amendment) Act, 2081.6a. Records Preservation Contact Person to be Designated:

6a.1 Each office shall designate an employee as a Records Preservation Contact Person for the preservation and management of documents.
Archives Protection Act, 1989

Added by the Records Protection (First Amendment) Act, 2081.6a. Records Preservation Contact Person to be Designated:

6a.1 Each office shall designate an employee as a Records Preservation Contact Person for the preservation and management of documents. 6a.2 Other provisions relating to the preservation and management of documents by the Contact Person pursuant to sub-section 6a.1 shall be as prescribed. 7. Documents May Be Sent to the National Archives:

7.1 Any Amended by the Records Protection (First Amendment) Act, 2081. person, community, or association, institution may send any document of national importance from historical, religious, cultural, literary, economic, or other perspectives in their possession to the National Archives for secure preservation as national property. 7.2 Documents sent to the National Archives pursuant to sub-section 7.1 shall not be taken back from the National Archives by the Amended by the Records Protection (First Amendment) Act, 2081. person, community, or association, institution that sent such documents. Added by the Records Protection (First Amendment) Act, 2081.7a. Government of Nepal May Purchase or Accept:

7a.1 If any person or institution wishes to transfer records of historical, cultural, religious, and national importance collected by them to the Government of Nepal, with or without consideration, the Government of Nepal may accept such records. 7a.2 If any records of historical, cultural, or religious importance related to Nepal are in the possession of any national or international institution or domestic or foreign person, and such institution or person wishes to give or sell them to Nepal, the Government of Nepal may, upon the recommendation of the National Archives, take or purchase such important records. 7a.3 Notwithstanding anything contained elsewhere in this Act, if any person causes damage or loss to documents of national importance in private collections, the Government of Nepal may confiscate such documents and send them to the National Archives. 8. Documents to be Kept in a Systematic and Secure Manner:

8.1 Every office shall keep the documents in its office in a systematic and secure manner. 8.2 In respect of keeping documents systematically and securely pursuant to sub-section 8.1, the concerned office may take necessary advice from the National Archives. Added by the Records Protection (First Amendment) Act, 2081.8.3 The National Archives may monitor and inspect the records management of offices. Added by the Records Protection (First Amendment) Act, 2081.8.4 If, upon monitoring and inspection pursuant to sub-section 8.3, it is found that records management has not been done properly, the National Archives may give necessary directions for preservation and management. It shall be the duty of the concerned office to comply with such directions. 9.
Archives Protection Act, 1989

It shall be the duty of the concerned office to comply with such directions. 9. Prohibited Records:

9.1 The following records shall be deemed prohibited records:-

9.1.1 Documents sent by the concerned office to the National Archives for secure storage, with or without specifying a period, on the condition that no one other than the person specified may inspect, copy, or take copies thereof,

9.1.2 Records specified by the National Archives as prohibited from a national perspective, with or without specifying a period, on the condition that no one other than the person specified may inspect, copy, or take copies thereof. 10. Inspection of Records or Provision of Copies:

10.1 If any person wishes to inspect records other than prohibited records, the National Archives may allow such inspection as prescribed. 10.2 If any person wishes to copy or take copies of records other than prohibited records, the National Archives may, upon charging fees as prescribed, allow such copying or provide copies thereof as prescribed. 10.3 Notwithstanding anything contained in sub-section 10.2, in prescribed circumstances, such records may be copied or copies provided without fee. 11. No Defacement or Alteration of Records:

11.1 Employees of the National Archives having the duty to securely preserve records shall not deface, alter, tear, or destroy such records in any manner. 11.2 Any person inspecting, copying, or taking copies of records, or any other person, shall not deface, alter, tear, or destroy such records in any manner. Added by the Act to Amend Some Nepal Acts to make them Consistent with the Constitution of Nepal, 2075.11a. Provinces and Local Levels may Preserve and Manage Records: (1) Provinces and local levels shall make necessary arrangements regarding the preservation and management of their records.

(2) Arrangements regarding the preservation and management of records pursuant to sub-section (1) shall be as provided in the law of the concerned province or local level. Added by the Records Protection (First Amendment) Act, 2081.11b. Approval Required:

11b.1 No person shall take documents of national importance outside Nepal. 11b.2 Notwithstanding anything contained in sub-section 11b.1, if, for any special reason, it is necessary to take the original copy of documents of national importance outside Nepal for a certain period, stating the reason, approval shall be obtained from the Council of Ministers of the Government of Nepal upon the recommendation of the Ministry. 11b.3 Other arrangements regarding taking documents of national importance outside Nepal pursuant to sub-section 11b.2 shall be as approved by the Council of Ministers of the Government of Nepal.
Archives Protection Act, 1989

11b.3 Other arrangements regarding taking documents of national importance outside Nepal pursuant to sub-section 11b.2 shall be as approved by the Council of Ministers of the Government of Nepal. 11b.4 If any person wishes to take a copy of documents of national importance under this Act, the National Archives may provide it, and information about providing the copy of such documents shall be given to the Ministry. 12. Penalties:

12.1 If an employee of the National Archives having the duty to securely preserve records allows any person other than the prescribed person to inspect, copy, or provide copies of prohibited records pursuant to section 9, such employee shall be liable to a fine of up to Amended by the Records Protection (First Amendment) Act, 2081. fifty thousand rupees or imprisonment for up to three years or both. 12.2 If an employee of the National Archives having the duty to securely preserve records violates sub-section 11.1 and defaces, alters, tears, or destroys records, such employee shall be liable to a fine of up to Amended by the Records Protection (First Amendment) Act, 2081. fifty thousand rupees or imprisonment for up to two years or both. 12.3 If any person other than an employee of the National Archives having the duty to securely preserve records violates sub-section 11.2 and defaces, alters, tears, or destroys records, he/she shall be liable to a fine of up to Amended by the Records Protection (First Amendment) Act, 2081. thirty thousand rupees or imprisonment for up to three years or both. 12.4 If any person does any act contrary to this Act or the rules made under this Act, other than those mentioned in sub-sections 12.1, 12.2, and 12.3, he/she shall be liable to a fine of up to Amended by the Records Protection (First Amendment) Act, 2081. fifty thousand rupees. 13. Action may be Taken Under Other Prevailing Law: If any person commits an act which is an offense under this Act, and such act is also an offense under any other prevailing law, nothing contained in this Act shall be deemed to bar action against him/her under such other prevailing law in respect of such offense. 14. Government to be Plaintiff: The plaintiff in a case under this Act shall be the Government of Nepal. 15. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of the objectives of this Act. Schedule
(Relating to clause 2.1.8 of section 2)
Documents of National Importance

1. Documents bearing the Red Seal,
2. Documents signed by the incumbent Head of State acting in that capacity,
3. Original copies of decisions, agreements, etc., made or executed relating to political changes in Nepal,
4.
Archives Protection Act, 1989

Schedule
(Relating to clause 2.1.8 of section 2)
Documents of National Importance

1. Documents bearing the Red Seal,
2. Documents signed by the incumbent Head of State acting in that capacity,
3. Original copies of decisions, agreements, etc., made or executed relating to political changes in Nepal,
4. Original copies of the Constitution of Nepal and documents relating to constitution-making,
5. Original copies of bills passed by the Federal Parliament and certified,
6. Original copies of decisions of the Council of Ministers of the Government of Nepal,
7. Important documents relating to treaties, agreements, and correspondence with foreign states, international unions, organizations, or other foreign unions, organizations,
8. Maps of Nepal from time to time,
9. Documents containing correspondence relating to the borders of the country,
10. Joint statements of representatives of Nepal and foreign states,
11. Original copies of decisions of the Council of Ministers kept in the concerned Ministry,
12. Important documents relating to peace and security of the country,
13. Unpublished acts, writs, charters, royal insignias,
14. Documents showing title to movable or immovable property,
15. Personal details of members of the Federal Parliament,
16. Survey map documents,
17. Service rolls of employees,
18. Final judgments or orders made by competent courts or tribunals in cases where the Government of Nepal is plaintiff or defendant or in which the Government of Nepal has an interest,
19. Documents of correspondence with foreign states on matters relating to citizenship and issues of citizens,
20. Reports of various commissions,
21. Handwritten manuscripts and records of historical, social, religious, and cultural importance of the country, or
22. Other documents deemed appropriate by the head of the office.
Mutual Legal Assistance Act, 2014

Mutual Legal Assistance Act, 2070

Certification and Publication Date
2070.12.12

Amending Act

1. Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080 2080.12.30

Act Number 7 of the year 2070

An Act Made to Provide for Mutual Legal Assistance

Preamble: Whereas, it is desirable to make legal provisions relating to the exchange of mutual legal assistance between Nepal and foreign states in matters of judicial proceedings,

Now, therefore, the Constituent Assembly, in its capacity as the Legislature-Parliament, has enacted this Act pursuant to Article 83 of the Interim Constitution of Nepal, 2063. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Mutual Legal Assistance Act, 2070".

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

(a) "Court" means the Supreme Court, the Court of Appeal, and the District Court, and the term also includes any other authority or body conducting judicial proceedings.

(b) "Order" means an order issued by a court, and the term also includes a decision or judgment of a court.

(c) "Offence" means an offence punishable with at least one year imprisonment or a fine of fifty thousand rupees under the law, and the term also includes an offence punishable with at least one year imprisonment or a fine of fifty thousand rupees under the law of a foreign state.

(d) "Central Authority" means the body or official designated pursuant to Section 6.

(e) "Judicial Proceedings" means proceedings from the filing of a case to the execution of a judgment, and the term also includes investigation or inquiry relating to any offence.

(f) "Judicial Document" means a plaint, claim petition, application, or appeal registered in a court, and the term also includes an order issued by a court.

(g) "Mutual Legal Assistance" means work or proceedings related to the matters mentioned in Section 5.

(h) "Summons" means a notice, subpoena, or citation issued in the name of any person in the course of a case.

(i) "Foreign State" means a foreign state requesting mutual legal assistance with Nepal. Chapter-2

Circumstances and Subjects for Obtaining Mutual Legal Assistance

3.
Mutual Legal Assistance Act, 2014

Chapter-2

Circumstances and Subjects for Obtaining Mutual Legal Assistance

3. Circumstances for Exchange of Mutual Legal Assistance: (1) If a bilateral treaty exists between Nepal and a foreign state regarding the exchange of mutual legal assistance, mutual legal assistance may be exchanged between Nepal and such a foreign state.

(2) Notwithstanding anything contained in Sub-section (1), if a foreign state requests mutual legal assistance from the Government of Nepal, assuring that it will provide mutual legal assistance in similar types of judicial proceedings in the future, in relation to any judicial proceedings omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. added by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. legal assistance shall not be barred from being provided on the basis of reciprocity.

added by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(3) Notwithstanding anything contained in Sub-section (2), a judgment rendered by a foreign court on a matter for which there is no treaty under Sub-section (1) shall not be enforceable. Provided that, a judgment rendered by a foreign court in relation to money laundering, terrorist activities, or financial investment in or related offences concerning the manufacture and proliferation of weapons of mass destruction, shall not be barred from enforcement based on reciprocity as prescribed. 4. Circumstances Where Mutual Legal Assistance Shall Not Be Exchanged: Notwithstanding anything contained in Section 3, mutual legal assistance shall not be exchanged in the following circumstances:-

(a) In judicial proceedings of a civil nature where the claim amount is less than one hundred thousand rupees,

(b) In matters of a criminal nature where the offence is punishable with less than one year imprisonment or a fine of less than fifty thousand rupees,

(c) If providing mutual legal assistance as requested by a foreign state, or as a result thereof, would be prejudicial to public order or the sovereignty of Nepal. 5.
Mutual Legal Assistance Act, 2014

5. Subjects of Mutual Legal Assistance: Mutual legal assistance may be exchanged between Nepal and a foreign state on the following subjects related to judicial proceedings:-

(a) Taking, collecting, or obtaining any documents or evidence,

(b) Inspecting any related object or place and providing information and evidence thereof,

amended by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(c) Collecting or providing certified copies of records or documents relating to banking, financial, tax, or commercial transactions,

(d) Conducting searches, seizing objects, locating places where a person is present, or identifying a person,

(e) Securing the attendance of a person who can provide assistance in matters of a criminal nature,

(f) Serving summons,

(g) Attaching or confiscating movable or immovable property,

added by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(g1) Acquiring property of Nepal confiscated in a foreign state, or providing property confiscated in Nepal to a foreign state if such property belongs to that state,

(h) Enforcing judgments. 6. Designation of Central Authority: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, designate any body or official as the Central Authority of the Government of Nepal to carry out work related to the exchange of mutual legal assistance between Nepal and foreign states.

(2) The authority designated pursuant to Sub-section (1) shall perform the functions under this Act. Chapter-3

Procedure for Obtaining Mutual Legal Assistance

7. Request for Providing Evidence: (1) If an official authorized to conduct investigations or prosecutions under prevailing law has sufficient reason to believe that any documents, evidence, information, or objects, including bank, financial, or commercial records, which would assist in the investigation or prosecution of an offence, are located in a foreign state, such official may request the Central Authority to provide such documents, evidence, information, or objects.

(2) If there are sufficient grounds to believe that any documents, evidence, information, or objects, including bank, financial, or commercial records, which would assist in judicial proceedings, are located in a foreign state, the court may issue an order for that purpose.

(3) If an order is made pursuant to Sub-section (2), the court shall request the Central Authority to provide such documents, evidence, information, or objects.

(4) When requesting the provision of any documents, evidence, information, or objects pursuant to Sub-section (1) or (3), if it appears necessary to search any place or object or seize any object, the concerned authority or court may also request to search such place or object or seize any object. 8.
Mutual Legal Assistance Act, 2014

8. Request for Production of Person and Locating a Person's Whereabouts: (1) If there are sufficient grounds to believe that a person who can assist in judicial proceedings is in a foreign state, the court may issue an order for that purpose.

(2) If it is necessary to locate the whereabouts in a foreign state of any person related to any judicial proceedings or to identify a person, the court may issue an order for that purpose.

(3) If an order is made pursuant to Sub-section (1) or (2), the court may request the Central Authority to provide such person, or to locate the whereabouts in a foreign state of such person, or to identify such person. 9. Request for Service of Summons or Judicial Documents: (1) In any case filed in a court, if it is necessary to serve any summons or judicial document in the name of any person residing in a foreign state, the court may issue an order for that purpose.

(2) If an order is made pursuant to Sub-section (1), the court shall send a letter to the Central Authority to serve such summons or judicial document in the name of the person residing in the foreign state. 10. Request for Taking Evidence: (1) If it appears necessary to take evidence in a foreign state in relation to any case pending in a court, the court may issue an order for that purpose.

(2) If an order is made pursuant to Sub-section (1), the court shall send a letter to the Central Authority. 11.
Mutual Legal Assistance Act, 2014

11. Request for Examination of Witness and Issuing Commissions: (1) If, in the course of any judicial proceedings, it appears necessary to examine as a witness any person residing abroad, and such person is unwilling or unable to come to Nepal, the court may issue an order for examining such person as a witness by a court of the foreign state.

(2) If an order has been issued for the examination of a witness pursuant to Sub-section (1), and such witness is unable to appear before the court of the foreign state, the court may issue an order for the examination of the witness by means of a commission.

(3) Notwithstanding anything contained in Sub-section (2), upon the request of the concerned party, the court may issue an order for the examination of a witness and for a commission simultaneously.

(4) If a witness, due to very old age or physical infirmity, is unable to appear before the court of the foreign state, or if a witness, due to being resident abroad, is unable to appear before a court in Nepal, and the court deems it appropriate to examine such witness through audio-visual communication (video conference), the court may issue an order for the examination of the witness through audio-visual communication.

(5) If an order is made pursuant to this Section, the court shall send a letter to the Central Authority. 12. Request for Attachment or Confiscation of Property: (1) If there are sufficient grounds to believe that property related to judicial proceedings, or any part thereof, is located in a foreign state, the court may issue an order to attach or confiscate such property.

(2) If an order is made pursuant to Sub-section (1), the court shall send a letter to the Central Authority for the attachment or confiscation of such property. 13. Request for Enforcement of Judgment: (1) If it appears necessary that a judgment rendered by a court of Nepal be enforced in a foreign court, the court may issue an order for that purpose.

(2) If an order is made pursuant to Sub-section (1), the court shall send a letter to the Central Authority. 14.
Mutual Legal Assistance Act, 2014

15. Request to Foreign State for Obtaining Mutual Legal Assistance: (1) Upon receiving a letter for mutual legal assistance pursuant to Section 7, 8, 9, 10, 11, 12, or 13, the Central Authority shall, to obtain such legal assistance, omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. request the foreign state.

(2) When making a request pursuant to Sub-section (1), the Central Authority shall, in addition to the matters mentioned in Section 14, specify the following details:-

(a) The name of the requesting authority or court,

(b) If any specific procedure needs to be followed while implementing the request in the foreign state and providing information or objects as requested, the details thereof,

(c) If confidentiality of the request is desired, the basis and reason thereof,

(d) If a person is requested to appear, arrangements for his/her security, food, accommodation, and other facilities,

(e) If the request is made pursuant to a treaty, and if a separate procedure is to be followed under such treaty when making a request, the details thereof,

(f) Any other details specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(3) When making a request pursuant to Sub-section (2), the following documents shall be attached:-

(a) If a person is requested to appear, an assurance that such person will not be detained, prosecuted, or punished based on any illegal act committed by him/her before the request, and that such person will be returned to the concerned country,

(b) An assurance that such person will not be compelled to give evidence other than on the requested subject or to provide assistance on other matters,

(c) An assurance that no legal action or punishment will be taken against such person regarding those judicial proceedings, except for giving false statements or contempt of court,

(d) If a search is requested, an assurance that objects seized during the search will be kept safely and returned after the completion of such purpose,

(e) If any documents, objects, or information are requested, a commitment that they will not be made public without the consent of the concerned country,

(f) Any other documents specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(4) When requesting mutual legal assistance pursuant to this Section, if there is no treaty with that country for that purpose and if it is necessary to give an assurance that legal assistance will be provided on a reciprocal basis if such country requests similar nature of mutual legal assistance in the future, the Central Authority may omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. give such assurance.
Mutual Legal Assistance Act, 2014

16. Admissibility as Evidence: (1) Evidence received by the court through the Central Authority, after being taken according to the law of the foreign state pursuant to a request made under Section 15, may be deemed to have been taken according to law and may be admitted as evidence.

(2) Notwithstanding anything contained elsewhere in this Act, if the taking of evidence from the foreign state is refused or if evidence is not taken by the competent authority of such country, it shall not be a bar solely for that reason to decide the case after examining other available evidence.

(3) A certificate issued by the official body of the foreign state, mentioning the value of property confiscated in the foreign state and the date of confiscation, based on a request for mutual legal assistance made under Section 15, may be admitted as evidence for any judicial proceedings.

(4) Notwithstanding anything contained in prevailing law, witness examination or commissions conducted abroad pursuant to this Act shall be deemed as if the witness examination or commission was conducted in a court in Nepal and may be admitted as evidence. 17. Special Arrangements for Producing Persons: (1) If a person comes to Nepal in the course of mutual legal assistance pursuant to a request made under Section 15, the Central Authority shall coordinate with the official body of the foreign state and make proper arrangements for the arrival and departure of such person.

(2) If a person who comes to appear in the course of mutual legal assistance is in detention according to the law of the concerned foreign country, judicial assistance shall be obtained by keeping such person in detention in Nepal as well. 18.
Mutual Legal Assistance Act, 2014

18. Deemed Valid Service of Summons or Judicial Documents: (1) If a communication is received indicating that summons or judicial documents have been served in the name of the concerned person by the foreign state based on a request made for mutual legal assistance under Section 15, the summons or judicial documents shall be deemed to have been validly served in his/her name.

(2) If the foreign state refuses to serve the summons or judicial documents based on a request made for mutual legal assistance under Section 15, or if such country informs the court through the Central Authority omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. that the summons or judicial documents could not be served because the person could not be found or identified, the details of such summons or judicial documents shall be published in a national daily newspaper of the country where such person resides or of Nepal.

(3) If the summons or judicial documents are served pursuant to Sub-section (2), they shall be deemed to have been validly served. Chapter-4

Procedure for Foreign States to Request Mutual Legal Assistance

19. Request for Providing Documents, Evidence, Information, or Objects: (1) While investigating a case, conducting judicial proceedings, or enforcing a judgment in a foreign country, if there are sufficient grounds to believe that any documents, evidence, information, or objects which would assist in such work are within Nepal, the concerned foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. for mutual legal assistance.

(2) When making a request pursuant to Sub-section (1), if it appears necessary to search any place or object or seize any object, the foreign state may also request to search such place or object or seize any object. 20. Request for Producing Person and Locating a Person's Whereabouts: (1) If a person present in Nepal can assist in any judicial proceedings pending in a foreign state, the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. to produce such person.

(2) If it is necessary to locate the whereabouts of any person related to any judicial proceedings or to identify a person, the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. accordingly. 21.
Mutual Legal Assistance Act, 2014

21. Request for Service of Summons or Judicial Documents: If a person or body related to judicial proceedings pending in a foreign court is in Nepal, and it is necessary to issue any summons or judicial document in the name of such person or body, the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. to serve any summons or judicial document issued by that court pursuant to its order. 22. Request for Taking Testimony or Evidence: (1) If, in the course of any judicial proceedings pending in a foreign court or body, it appears necessary to examine as a witness any person residing in Nepal, the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. pursuant to the order of the court or body of such foreign state.

(2) If it is necessary to take any evidence within Nepal in relation to any case pending in the court or body pursuant to Sub-section (1), the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. pursuant to the order of the court or body of the foreign state. 23. Request for Enforcement of Order Relating to Attachment or Confiscation of Property: If property related to any judicial proceedings pending in a foreign court, or any part thereof, is in Nepal and it is necessary to enforce an order made by the court of the foreign state to attach or confiscate such property, the foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. accordingly. 24. Request for Recognition or Enforcement of Judgment: If it is necessary to recognize or enforce a judgment of a foreign court related to judicial proceedings, such foreign state may request the Government of Nepal omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. accordingly. 25. Details to be Specified or Documents to be Attached: When a foreign state requests the Government of Nepal for mutual legal assistance pursuant to this Chapter, the provisions under Sections 14 and 15 shall apply with the necessary modifications, and accordingly, the concerned foreign state shall specify the necessary details or attach the relevant documents. 26.
Mutual Legal Assistance Act, 2014

26. Request Relating to Mutual Legal Assistance to be Sent to Central Authority: Upon receiving a request for mutual legal assistance from a foreign state pursuant to Sections 19, 20, 21, 22, 23, and 24, the Ministry of Foreign Affairs of the Government of Nepal shall send such request and the details, documents, and evidence attached therewith to the Central Authority for mutual legal assistance. 27. Central Authority to Conduct Necessary Study and Inquiry: (1) Upon receiving a request, details, documents, and evidence for mutual legal assistance pursuant to Section 26, the Central Authority shall conduct a necessary study and inquiry thereof and decide within fifteen days whether to proceed with the proceedings for providing mutual legal assistance or not.

(2) While conducting the study and inquiry pursuant to Sub-section (1), if it appears that the details, documents, and evidence received with the request are not sufficient to proceed with the proceedings relating to mutual legal assistance, the Central Authority may send a letter to the foreign state omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. to submit additional details, documents, and evidence.

(3) If a decision is made to proceed with the proceedings relating to mutual legal assistance pursuant to Sub-section (1), the Central Authority shall, for the purpose of providing mutual legal assistance, issue an order to the investigating body if the mutual legal assistance requested is related to investigation, and to the concerned District Government Attorney to file a petition in the concerned District Court if the mutual legal assistance requested is other than that. 28.
Mutual Legal Assistance Act, 2014

28. Refusal to Provide Mutual Legal Assistance: Notwithstanding anything contained in Section 27, the Central Authority may refuse to provide mutual legal assistance in the following circumstances:-

(a) If the situation under Section 4 exists,

(b) If the request is not made pursuant to a bilateral treaty,

(c) If a request is made for mutual legal assistance in a matter related to an offence, and such offence is of a political nature,

(d) If the details, documents, or evidence requested pursuant to Sub-section (2) of Section 27 are not received from the concerned foreign country,

(e) If the requested subject appears to be related to an offence under military law,

(f) If it appears that an investigation, legal proceedings, or punishment is sought against any person based on race, religion, gender, ethnic origin, nationality, or political opinion,

(g) If the requested subject appears to be insignificant for investigation or if such information can be obtained through other means,

(h) If an assurance is not obtained that the subject matter for which mutual legal assistance is requested will not be used for any other work or proceedings,

(i) If providing mutual legal assistance would be prejudicial to public order. 29. Petition to be Filed in Court: (1) Upon receiving an order from the Central Authority to provide mutual legal assistance pursuant to Sub-section (3) of Section 27, the concerned District Government Attorney shall file a petition in the concerned District Court along with the details, documents, and evidence received from the foreign state.

(2) If, upon examining the petition received pursuant to Sub-section (1) and the details, documents, and evidence attached therewith, the following conditions appear, the court may refuse to provide mutual legal assistance:-

(a) If a petition is filed for mutual legal assistance in a matter related to an offence, and such offence appears prima facie not to be established,

(b) If the mutual legal assistance is contrary to the general principles of justice.

(3) Notwithstanding anything contained in Sub-section (2), even if the condition under that Sub-section appears at any time, the court may refuse to provide such mutual legal assistance. 30. Information of Refusal of Mutual Legal Assistance to be Given: If mutual legal assistance is refused pursuant to Section 28 or 29, the Central Authority shall inform the foreign state omitted by the Act to Amend Some Nepal Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. within seven days. Chapter-5

Providing Mutual Legal Assistance

31.
Mutual Legal Assistance Act, 2014

Chapter-5

Providing Mutual Legal Assistance

31. Order to Provide Mutual Legal Assistance: If an order is issued by the Central Body to the concerned investigation officer to provide mutual legal assistance pursuant to Sub-section (3) of Section 27, or if the court pursuant to Section 29 does not refuse to provide such mutual legal assistance, the concerned investigation officer or court shall issue an order to proceed with the necessary proceedings in that regard to provide mutual legal assistance as requested by the foreign state. 32. Providing Evidence: (1) If a foreign state has requested to provide any documents, evidence, information, or objects pursuant to Section 19, and if such documents, evidence, information, or objects can be provided according to law, the concerned authority or court shall order the sending of a certified copy of such documents, evidence, information, or objects.

(2) If the foreign state has requested to provide the original copy or the object itself of the documents, evidence, or information under Sub-section (1), the concerned authority or court may, keeping a certified copy of such documents, evidence, or information, order the sending of the original copy itself, and if it is an object, shall keep a record describing its details and provide such object.

(3) If a request has been received from a foreign state to search any object or take it into custody, the concerned body shall search or take the object into custody according to law.

(4) Notwithstanding anything contained in Sub-section (3), if a request is made to search or take any object into custody in relation to an offence, and if such act is not considered an offence under the laws of both Nepal and the requesting foreign state, the request for search or seizure of such object may be refused. 33.
Mutual Legal Assistance Act, 2014

33. Producing a Person, Locating a Person's Whereabouts, or Identifying a Person: (1) If a foreign state has requested the presence of any person pursuant to Section 20, the Central Authority shall coordinate with the foreign state to make arrangements for sending such person from Nepal and bringing him/her back to Nepal.

(2) If the person requested to appear pursuant to Sub-section (1) is in detention in Nepal, he/she shall be handed over to the official body of the foreign state at the entry point of Nepal after obtaining permission from the concerned court.

(3) After the work of the person handed over pursuant to Sub-section (2) is completed in the foreign state, he/she shall be taken back from the official body of the foreign state at the entry point of Nepal.

(4) If a foreign state has requested to locate the whereabouts of any person related to any judicial proceedings or to identify a person, the concerned authority shall locate the whereabouts of such person or identify the person. 34. Service of Summons or Judicial Documents: (1) If a foreign state has requested to serve a summons or judicial document pursuant to Section 21, the concerned court shall, deeming it as if judicial proceedings were pending in that court itself, serve such summons or judicial document according to law.

(2) While serving the summons or judicial document pursuant to Sub-section (1), if it is required to serve such summons or judicial document by adopting a specific procedure or method according to a treaty with the foreign state or according to the request of the court of the foreign state, and if the Central Authority has also made a request accordingly, the concerned court shall serve such summons or judicial document by adopting such procedure or method.

(3) After serving any summons or judicial document pursuant to this Section, the concerned court shall prepare a service report of such document.

(4) If the service report under Sub-section (3) needs to be translated into the English language as requested by the court of the foreign state, the Central Authority shall translate it and certify the original copy received from the concerned court and the translated copy. 35.
Mutual Legal Assistance Act, 2014

35. Taking Testimony or Evidence: (1) If the court of a foreign state has requested to take testimony or evidence pursuant to Section 22, the concerned court shall take evidence deeming it as if evidence were being taken in proceedings of a case pending in that court.

(2) While taking evidence pursuant to Sub-section (1), if the court needs to issue a summons for any witness or person to appear before the court, it shall serve the summons according to law by granting a period of up to seven days, excluding the time for travel.

(3) While taking evidence pursuant to Sub-section (1), the concerned court shall take evidence limited to the matters concerning the examination of witnesses, preparation of answers to commissions, or provision of details of evidence, documents, or movable or immovable property, as requested by the court of the foreign state.

(4) When examining a witness, preparing answers to commissions, or taking documents or evidence pursuant to Sub-section (3), if the parties to the case for which evidence is taken pursuant to this Section, or their representatives or legal practitioners, wish to be present in the court, the concerned court may permit such parties, representatives, or legal practitioners to be present in the court at the time of taking evidence.

(5) While taking evidence pursuant to this Section, the law of Nepal shall be applied.

(6) Notwithstanding anything contained in Sub-section (5), if there is a treaty with the foreign state for taking evidence by adopting a specific procedure or method on a specific matter, or if the foreign state has so requested, and if the Central Authority has also requested to take evidence accordingly, the concerned court shall take evidence accordingly. 36. Attachment or Confiscation of Property: (1) If a request is received from a foreign state pursuant to Section 23 to attach or confiscate any property located in Nepal, the court shall, according to the prevailing law of Nepal, issue an order to the concerned body to attach or confiscate the property.

(2) Notwithstanding anything contained in Sub-section (1), if the court is satisfied that the person whose property is ordered to be confiscated in relation to an offence has paid the amount due or, having been unable to pay, has served the sentence of imprisonment in lieu of such amount, the court shall not issue an order to confiscate the property.