chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Education Act, 1971

16nga. Nepal Teachers' Federation, Added by the Seventh Amendment.code of conduct for teachers and employees, and other arrangements: (1) There shall be a Nepal Teachers' Federation to work in relation to the professional interests of teachers of community schools.

(2) The Nepal Teachers' Federation may be formed at the central and district levels.

(3) Elections for the Nepal Teachers' Federation shall be held as specified.

(4) Deleted by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006

(5) Amended by the Eighth Amendment.A teacher or employee shall be removed from the post in the following circumstances:–

(a) Deleted by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006

(b) If he/she fails to fulfill his/her official duties,

(c) If he/she remains absent from school without notice for more than fifteen consecutive days,

(d) If it is proven that he/she came to school under the influence of alcoholic substances,

(e) If he/she is punished by a court on a criminal charge involving moral turpitude,

Added by the Eighth Amendment.(f) If a teacher or employee of a community school engages in teaching or working elsewhere during office hours, or engages in any other commercial activity,

Added by the Eighth Amendment.(g) If a teacher or employee is found to be a member of the executive committee of a political party. Explanation: For the purpose of this clause, "executive committee" means the central level, provincial level, district level, or local level executive committee formed according to the statute of a political party. Added by the Eighth Amendment.16nga1. Not to obtain permanent residence permit: Teachers or employees working in community schools shall not obtain or apply for a permanent residence permit. If any teacher or employee has obtained or applied for such permit before the commencement of this section, such teacher or employee shall be dismissed from service in a manner that renders them disqualified for the service in the future. Added by the Eighth Amendment.16nga2.
Education Act, 1971

If any teacher or employee has obtained or applied for such permit before the commencement of this section, such teacher or employee shall be dismissed from service in a manner that renders them disqualified for the service in the future. Added by the Eighth Amendment.16nga2. To submit details by self-declaration: (1) If a teacher or employee of a community school has obtained a permanent residence permit or has applied for such permit, he/she must, within thirty days from the date of commencement of this section, submit a self-declaration with the following details to the school where he/she is working:–

(a) His/her name, surname, service, name of the school where working, and current position,

(b) If a permanent residence permit has been obtained, the date of obtaining such permit, or if an application for obtaining such permit has been made, the date thereof, and the name of the concerned country,

(c) Whether he/she is willing to renounce the permanent residence permit obtained or to cancel the application made for such permit.

(2) If the spouse of a teacher or employee of a community school has obtained a permanent residence permit, the concerned teacher or employee must submit the details pursuant to sub-section (1) to the school where he/she is working within thirty days from the date of commencement of this section.

(3) Upon receiving the details pursuant to sub-section (1) or (2), the school must send such details to the concerned District Education Office within fifteen days from the date of receipt. Added by the Eighth Amendment.16nga3.
Education Act, 1971

Added by the Eighth Amendment.16nga3. Information may be provided: (1) If any person receives information that a teacher or employee has obtained a permanent residence permit contrary to section 16nga1, such person may provide that information to the Resource Center or the District Education Office of the area where the concerned teacher or employee is working.

(2) If information pursuant to sub-section (1) is received at a Resource Center, the Resource Center must send such information to the District Education Office within seven days from the date of receipt.

(3) If information is received pursuant to sub-sections (1) and (2) or from any other source that any teacher or employee has obtained a permanent residence permit or has applied for such permit, the District Education Office, after the expiry of the period pursuant to sub-section (1) of section 16nga2, shall proceed with necessary action regarding taking departmental action against such teacher or employee.

(4) Upon receiving a written communication pursuant to sub-section (3), the authority empowered to impose punishment shall initiate an inquiry within three days regarding such teacher or employee, and if upon inquiry it appears that any teacher or employee has obtained a permanent residence permit or has applied for such permit, he/she shall be punished pursuant to section 16da1 within three months, and information thereof shall be provided to the Department of Education and the Ministry of Education within fifteen days. Added by the Eighth Amendment.16da4. No punishment shall be imposed: Notwithstanding anything contained elsewhere in this Act, a teacher or employee of a community school who has obtained a permanent residence permit or has applied for such permit before the commencement of this section, if he/she admits it and submits an application within sixty days from the date of commencement of this section, along with proof that he/she has renounced the permanent residence permit obtained or has made a written request to the concerned country to cancel the application made for obtaining such permit, such teacher or employee shall not be punished under this Act. Added by the Eighth Amendment.16da5. No facilities other than provident fund and insurance: Notwithstanding anything contained in this Act and the rules framed under this Act, if a teacher or employee of a community school is dismissed from service for having obtained a permanent residence permit contrary to section 16da1, and if the spouse of such teacher or employee has obtained a permanent residence permit, the spouse of such teacher or employee shall not receive service facilities under this Act and the rules framed under this Act, other than the amount from the Employee Provident Fund and insurance. Added by the Seventh Amendment.16cha.
Education Act, 1971

Added by the Seventh Amendment.16cha. Educational qualification: The educational qualification required for a school teacher shall be as specified. Added by the Eighth Amendment.16cha1. Ratio of teachers to students to be maintained: The District Education Committee shall maintain the ratio of students to teachers as specified, based on the number of students regularly studying in each school and on subjects. Added by the Eighth Amendment.16cha2. Teacher not to be used for other work: (1) A teacher of a community school shall not be used for work other than work related to providing education or school administration.

(2) Notwithstanding anything contained in sub-section (1), a teacher may be assigned work relating to national census, elections, natural disaster relief, or any other work specified by the Government of Nepal, provided that the teaching-learning activities of the school are not hindered. Added by the Seventh Amendment.16chha. May be reinstated by court order: (1) A teacher who has been removed or dismissed from service after departmental punishment may be reinstated only by order or judgment of a court.

(2) A teacher reinstated pursuant to sub-section (1) shall receive full salary, allowance, and salary increments, if any, from the date of removal to the date of reinstatement. Added by the Eighth Amendment.(3) Notwithstanding anything contained in sub-section (1), there shall be an inquiry committee as specified, once, to investigate matters relating to teachers and employees removed due to political bias, as recommended by the task force formed in 1995 (2052 BS) and remaining to be recommended within the criteria of that task force, and teachers and employees removed from service due to the conflict that existed within the country from Falgun 1, 1995 (2052 BS) to Mangsir 5, 2006 (2063 BS) and the movements thereafter, and to submit suggestions to the Government of Nepal. Added by the Seventh Amendment.16ja. Transfer of teachers: (1) A teacher desiring transfer shall fill out the form as specified and submit an application to the concerned District Education Office.

(2) Upon receiving an application pursuant to sub-section (1), Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.the District Education Officer may transfer such teacher if the post is vacant and the subject matches. Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.Provided that, while making such transfer, consent of the District Education Officer of the place where the applicant is working must be obtained.
Education Act, 1971

Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.Provided that, while making such transfer, consent of the District Education Officer of the place where the applicant is working must be obtained. Amended by the Eighth Amendment.(3) Notwithstanding anything contained in sub-sections (1) and (2), a permanent teacher who has completed a service period of five years in the same school may be transferred, based on criteria as specified, by the District Education Officer within his/her district, by the Regional Director within his/her region, and by the Department of Education to any school in Nepal. Provided that, if it is necessary to adjust posts or if, for special reasons, a teacher must be transferred from a school, it shall not be a bar to transfer such teacher under this section even if he/she has not completed a service period of five years in the same school, stating the reason.

(4) While making a transfer pursuant to sub-section (3), the District Education Officer must obtain prior approval of the Regional Education Director, the Regional Director must obtain prior approval of the Department of Education, and the Department of Education must obtain prior approval of the Ministry Deleted by the Eighth Amendment . Added by the Seventh Amendment.16jha. Not applicable to institutional schools: Except as provided in this Act, the provisions mentioned in sections 11a., 15, Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.sub-section (5) of section 16da, sections 16cha., 16ja., and sub-section (1) and clauses (a), (d), and (e) of sub-section (2) of section 17 shall not apply to institutional schools. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.Provided that,

(1) The provision relating to moving a school from one place to another pursuant to section 15 shall also apply to institutional schools.

(2) Provisions relating to changing the name of an institutional school shall be as specified. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.16nya. Institutional school to provide scholarship: (1) An institutional school must provide free scholarship, as specified, to students from underprivileged, disabled, women, Dalit, or Janajati backgrounds, totaling not less than ten percent of the total number of students enrolled in the school.

(2) For selecting students for scholarship pursuant to sub-section (1), there shall be a Scholarship Selection Committee in each school consisting of the principal of the school, a representative of the District Education Office, and a representative of parents in the School Management Committee.

(3) The basis for selecting students for scholarship pursuant to sub-section (1) shall be as specified. Amended by the Eighth Amendment.16ta.
Education Act, 1971

Amended by the Eighth Amendment.16ta. Not to receive salary and allowance and service period not to be counted: Except in the circumstances mentioned in section 16chha. or in the case of staying on leave approved according to rules, a teacher absent from school shall not receive salary and allowance for the period of absence, and such period shall not be counted in his/her service. Added by the Eighth Amendment.16tha. Provision relating to employees: (1) A community school shall have staff posts in such number as approved by the Ministry.

(2) Provisions relating to the appointment, terms of service, and facilities of employees pursuant to sub-section (1) shall be as specified.

(3) If a school employee, who was appointed to an approved post of the school under the law then in force up to Jestha 15, 1994 (2051 BS) and was continuously working until the commencement of this section, is no longer in service, such employee shall be provided with facilities as specified.

(4) When filling vacancies in the approved staff posts of a school pursuant to sub-section (1), the Commission shall, from among the employees working at the time of commencement of this section, advertise as specified and fill the posts through internal competition.

(5) The age limit shall not apply to school employees pursuant to sub-section (3) for being candidates in the advertisement pursuant to sub-section (4). Added by the Eighth Amendment.16da. Not to expel children or subject them to physical or mental abuse: (1) No child shall be expelled from school.

(2) Children studying in school shall not be subjected to physical or mental torture or abuse. Added by the Eighth Amendment.16dha. Not to operate educational consulting service, foreign educational program, or teaching course without permission: (1) No person shall operate an educational consulting service, bridge course, language teaching class, preparatory class, or any educational program conducted in a foreign country without permission under this Act.

(2) If any person desires to operate any educational program conducted in Nepal in a foreign country, upon submitting an application to the Ministry with the recommendation of the Nep

(2) A teacher who has obtained a temporary teaching license pursuant to sub-section (1) shall obtain a permanent teaching license from the Commission within five years.

(3) Notwithstanding anything contained in the prevailing Nepal law, a teacher teaching in a higher secondary school under the Higher Secondary Education Act, 2046 at the time of commencement of this section shall not be subject to the age limit for being a candidate in the first advertisement as specified made by the Commission for the post of secondary teacher after the commencement of this section. 41.
International Finance Corporation Membership Act, 1965

Act to Obtain Membership of the International Finance Corporation, 2022

Great Seal and Date of Publication
2022.5.16

Amending Acts

1. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 (2009) – 2066.10.17
2. Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 (2018) – 2075.11.19

Act No. 6 of the year 2022



Act made to enable Nepal to accept the international agreements for the establishment and operation of the International Finance Corporation and to become a member of the said Corporation

Preamble: Whereas the International Finance Corporation has specified conditions under which Nepal may be admitted to membership of the International Finance Corporation on the terms set forth in Schedule 1 of this Act, and whereas it is necessary to make provisions for the matters hereinafter written to fulfill the conditions aforesaid,

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, hereby enacts this Act. 1. Short Title and Commencement: (1) This Act may be called the "Act to Obtain Membership of the International Finance Corporation, 2022".
(2) This Act shall come into force immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act, -
(a) "Corporation" means the International Finance Corporation.
(b) "Corporation Agreement" means the Articles of Agreement of the International Finance Corporation. 3. Authority to Enter into Agreements and Deposit Instruments of Acceptance: The Minister of Finance of the Government of Nepal may, by an instrument under his/her signature, authorize the person specified in such instrument to do on behalf of the Government of Nepal the following acts: -
(a) To sign the Articles of Agreement of the International Finance Corporation.
(b) To deposit with the International Bank for Reconstruction and Development an instrument of acceptance of the Corporation Agreement, stating that the Government of Nepal has accepted, in accordance with the laws of Nepal, the relevant Agreements and the terms specified therein on which Nepal is to be admitted to membership of the International Finance Corporation. 4. Authority to Make Payments to the Corporation: The Minister of Finance of the Government of Nepal shall have the authority to make payments from the Federal Consolidated Fund, as amended by the Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075. of sums which may from time to time become payable to the Corporation on behalf of the Government of Nepal in accordance with the terms set forth in Schedule 1 and the Corporation Agreement. 5.
International Finance Corporation Membership Act, 1965

5. Nepal Rastra Bank Nominated as Depositary: The Nepal Rastra Bank is nominated as the depositary for the purposes of Section 9 of Article 4 of the Corporation Agreement as per Schedule 2. 6. Medium of Correspondence: The Secretary, Ministry of Finance, Government of Nepal, is nominated as the medium of correspondence for the purposes of Section 10 of Article 4 of the Corporation Agreement as per Schedule 3. 7. Status, Immunities, and Privileges of the Corporation: Notwithstanding anything contained in the prevailing laws of Nepal, the Corporation shall enjoy the status, immunities, and privileges as set forth in Article 6 of the Corporation Agreement as per Schedule 4. 8. Power to Amend Schedules: If any matter in the Schedules of this Act corresponding to the Corporation Agreement is amended, the Government of Nepal may, by notification published in the Nepal Gazette from time to time, amend the Schedules of this Act accordingly. 9. Power to Make Rules: The Government of Nepal may make rules for carrying out the purposes of this Act. Schedule 1

International Finance Corporation

Proposal No. Membership for Nepal

WHEREAS the Government of Nepal has applied for membership in the International Finance Corporation, and

WHEREAS, pursuant to Section 17 of the By-Laws of the Corporation, the Executive Directors, after consultation with representatives of Nepal, have submitted a recommendation on this application to the Board of Governors,

NOW, THEREFORE, the Board of Governors hereby makes an offer to admit Nepal to membership in the Corporation on the following terms and conditions:-

1. Definitions: As used in this Proposal: -
(a) "Corporation" means the International Finance Corporation.
(b) "Articles" means the Articles of Agreement of the Corporation.
(c) "Dollar" means the dollar of the United States of America.
(d) "Subscription" means the subscription of a member to the capital stock of the Corporation.
(e) "Member" means a member of the Corporation. 2. Subscription: Upon accepting membership in the Corporation, Nepal shall subscribe to Fifty-five (55) shares of the capital stock of the Corporation. The par value of each such share shall be One thousand Dollars (US$ 1,000). 3. Membership in the Bank: Nepal shall become a member of the International Bank for Reconstruction and Development before accepting membership in the Corporation. 4. Payment of Subscription: Before receiving membership in the Corporation, Nepal shall pay to the Corporation the full amount of Fifty-Five Thousand Dollars (US$ 55,000) payable in respect of the shares of capital stock taken up by Nepal, in gold or United States dollars. 5.
International Finance Corporation Membership Act, 1965

4. Payment of Subscription: Before receiving membership in the Corporation, Nepal shall pay to the Corporation the full amount of Fifty-Five Thousand Dollars (US$ 55,000) payable in respect of the shares of capital stock taken up by Nepal, in gold or United States dollars. 5. Certification and Information: Before accepting membership in the Corporation, Nepal shall deliver to the Corporation a certification that it has taken all action necessary to sign and deposit the instrument of acceptance and to sign the Articles as specified in paragraphs 6(c) and (d) of this Proposal. Nepal shall furnish the Corporation with such information as it may request concerning such action. 6. Acceptance of Membership: Nepal shall become a member of the Corporation on the date on which it has fulfilled the following requirements, after making the subscription as specified in paragraph 2 of this Proposal: -
(a) Pays the amount specified in paragraph 4 of this Proposal;
(b) Delivers the certification and information specified in paragraph 5 of this Proposal;
(c) Deposits with the International Bank for Reconstruction and Development an instrument of certification stating that it has accepted, in accordance with its law, all the terms and conditions set forth in this Proposal and the Articles and has taken all steps necessary to enable it to fulfill all its obligations under this Proposal and the Articles; and
(d) Signs the original copy of the Articles held by the International Bank for Reconstruction and Development. 7. Time Limit for Acceptance of Membership: Nepal may accept membership in the Corporation under this Proposal on or before March 31, 1965. The Executive Directors may, however, extend this time limit if they deem it necessary to do so because of exceptional circumstances. Schedule 2

Section 9 of Article 4 of the Articles of Agreement of the International Finance Corporation

9. Depositaries: Each member country shall designate its central bank as a depositary for the holdings of its currency or other assets of the Corporation; or, if it has no central bank, it shall designate such other institution as may be acceptable to the Corporation for this purpose. Schedule 3

Section 10 of Article 4 of the Articles of Agreement of the International Finance Corporation

10. Medium of Correspondence: Each member country shall designate an appropriate authority as the medium through which the Corporation may correspond on any matter arising under this Agreement. Schedule 4

Article 6 - Status, Immunities, and Privileges of the Articles of Agreement of the International Finance Corporation

1.
International Finance Corporation Membership Act, 1965

Medium of Correspondence: Each member country shall designate an appropriate authority as the medium through which the Corporation may correspond on any matter arising under this Agreement. Schedule 4

Article 6 - Status, Immunities, and Privileges of the Articles of Agreement of the International Finance Corporation

1. Purpose: To enable the Corporation to fulfill the functions with which it is entrusted, the status, immunities and privileges set forth in this Article shall be accorded to the Corporation in the territories of each member. 2. Status of the Corporation: The Corporation shall possess full juridical personality and, in particular, the capacity: -
(i) to contract;
(ii) to acquire and dispose of immovable and movable property;
(iii) to institute legal proceedings. 3. Position of the Corporation with regard to Judicial Proceedings: Actions may be brought against the Corporation only in a court of competent jurisdiction in the territories of a member in which the Corporation has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Corporation shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Corporation. 4. Immunity of Assets from Seizure: The property and assets of the Corporation, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action. 5. Immunity of Archives: The archives of the Corporation shall be inviolable. 6. Freedom of Assets from Restrictions: To the extent necessary to carry out the operations provided for in this Agreement and subject to the provisions of Section 5 of Article 3 and the other provisions of this Agreement, all property and assets of the Corporation shall be free from restrictions, regulations, controls and moratoria of any nature. 7. Privilege for Communications: The official communications of the Corporation shall be accorded by each member the same treatment that it accords to the official communications of other members. 8.
International Finance Corporation Membership Act, 1965

7. Privilege for Communications: The official communications of the Corporation shall be accorded by each member the same treatment that it accords to the official communications of other members. 8. Immunities and Privileges for Officers and Employees: All Governors, Directors, Alternates, Officers and employees of the Corporation: -
(i) shall be immune from legal process with respect to acts performed by them in their official capacity;
(ii) not being local nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements, and national service obligations and the same facilities as regards exchange restrictions as are accorded by members to the representatives, officials and employees of comparable rank of other members;
(iii) shall be granted the same traveling facilities as are accorded by members to representatives, officials and employees of comparable rank of other members. 9. Tax Exemptions:
(a) The Corporation, its assets, property, income and its operations and transactions authorized by this Agreement, shall be immune from all taxation and from all customs duties. The Corporation shall also be immune from liability for the collection or payment of any tax or duty.
(b) No tax shall be levied on or in respect of salaries and emoluments paid by the Corporation to Executive Directors, Alternates, Officers or employees of the Corporation who are not local citizens, local subjects or other local nationals.
(c) No taxation of any kind shall be levied on any obligation or security issued by the Corporation (including any dividend or interest thereon) by whomsoever held: -
(i) which discriminates against such obligation or security solely because it is issued by the Corporation; or
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Corporation.
(d) No taxation of any kind shall be levied on any obligation or security guaranteed by the Corporation (including any dividend or interest thereon) by whomsoever held: -
(i) which discriminates against such obligation or security solely because it is guaranteed by the Corporation; or
(ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Corporation. 10. Application of Article: Each member shall take such action as is necessary in its own territories for the purpose of making effective in terms of its own law the principles set forth in this Article and shall inform the Corporation of the detailed action which it has taken. 11.
Multimodal Transport of Goods Act, 2006

Chapter-2

Provisions relating to License

3. Prohibition on Operating Multimodal Transport Service without License: No person shall operate multimodal transport services without obtaining a license under this Act. 4. Provisions relating to License: (1) A company possessing the following qualifications desiring to operate multimodal transport services shall submit an application to the Department along with the prescribed application fee:

(a) Having a paid-up capital of at least one crore rupees in the name of the company,
(b) Having a branch, authorized agent or representative of its company in at least two countries outside the State of Nepal,
(c) Having manpower, physical assets and other managerial capacity as prescribed.

(2) Upon examining the application submitted under sub-section (1), if it appears appropriate to grant a license to the applicant to operate multimodal transport services, the Department shall, within sixty days from the date of application, grant the license upon collecting a fee of twenty-five thousand rupees for the license.

(3) If, upon examination under sub-section (2), it appears that it is not feasible to grant a license as requested by the applicant, the Department shall, within sixty days from the date of application, inform the applicant in writing stating the reason thereof.

(4) The period of validity of the license granted under sub-section (2) shall be five years. If the licensee wishes to renew the license after the expiry of that period, the licensee may renew the license by paying the prescribed fee to the Department. 5. When License may be Cancelled: (1) The license granted under Section 4 shall be cancelled in the following circumstances:

(a) If it is proved that the paid-up capital of the licensed company is not one crore rupees,
(b) If it is found that the licensed company does not have a branch, authorized agent or representative in at least two countries outside Nepal,
(c) If the licensee fails to renew the license under Section 4.

(2) Except as provided in sub-section (1), if any licensee does any act contrary to this Act or the rules made under this Act, the Department shall give such licensee a reasonable time to rectify such act. If, even after being given such opportunity, the licensee fails to rectify the act, the Department shall cancel the license granted to him. Provided that, before such cancellation of license, he shall not be deprived of the opportunity to present his defense. 6.
Multimodal Transport of Goods Act, 2006

If, even after being given such opportunity, the licensee fails to rectify the act, the Department shall cancel the license granted to him. Provided that, before such cancellation of license, he shall not be deprived of the opportunity to present his defense. 6. Right to Appeal: (1) If a license is cancelled under sub-section (2) of Section 5, the concerned company may appeal to the Secretary of the Ministry of Industry, Commerce and Supplies within thirty-five days from the date of receipt of the notice of such cancellation of license.

(2) Upon receipt of an appeal under sub-section (1), the concerned Secretary shall decide on the appeal within three months from the date of receipt of the appeal, and such decision shall be final. Chapter-3

Multimodal Transport Document and Delivery of Goods

7. Issue of Multimodal Transport Document: (1) The multimodal transport operator shall issue a multimodal transport document upon taking charge of the goods from the consignor for carriage.

(2) The multimodal transport document issued under sub-section (1) may be negotiable or non-negotiable, as desired by the consignor.

(3) If the name of the consignee is mentioned in the multimodal transport document, such person, or if a negotiable multimodal transport document is issued and such document is transferred to another person by endorsement, such person, or the bearer of such document shall be deemed to have ownership over the goods mentioned in that document. 8. Signature on Multimodal Transport Document: (1) The multimodal transport document shall be signed by the multimodal transport operator.

(2) The signature on the multimodal transport document may be handwritten or by any other means recognized by prevailing law. 9.
Multimodal Transport of Goods Act, 2006

8. Signature on Multimodal Transport Document: (1) The multimodal transport document shall be signed by the multimodal transport operator.

(2) The signature on the multimodal transport document may be handwritten or by any other means recognized by prevailing law. 9. Matters to be Mentioned in Multimodal Transport Document: The multimodal transport document shall contain the following matters:

(a) The nature of the goods, identifying marks, details of dangerous nature of goods if any, details of packages or number, total weight or quantity of the goods, and other details as furnished by the consignor,
(b) The external condition of the goods,
(c) The name and principal place of business of the multimodal transport operator,
(d) The name and address of the consignor,
(e) The details if the consignor has mentioned the name of the consignee,
(f) The place and date when the multimodal transport operator took charge of the goods,
(g) The place, date and time period for delivery of the goods as agreed upon between the parties to the multimodal transport contract,
(h) Details whether the multimodal transport document is negotiable or non-negotiable,
(i) The date and place of issuance of the multimodal transport document,
(j) The signature or seal of the multimodal transport operator or his authorized representative,
(k) Details of transport charges payable by the consignee or consignor, or if transport charges have already been paid,
(l) The route and means of carriage of goods as per agreement between the parties to the multimodal transport contract,
(m) Other matters that the parties to the multimodal transport contract have agreed to include in the multimodal transport document. 10. Issuance of Negotiable Multimodal Transport Document: A negotiable multimodal transport document shall be issued as follows:

(a) It shall be issued in the name of a named person or to bearer,
(b) A multimodal transport document issued in the name of a named person may be transferred to another person by endorsement,
(c) A multimodal transport document issued to bearer may be transferred to another person without endorsement,
(d) If more than one multimodal transport document is issued, such fact shall be mentioned in that document. 11. Delivery of Goods under Negotiable Multimodal Transport Document: (1) In accordance with the negotiable multimodal transport document issued under Section 10, the multimodal transport operator or his agent or representative may deliver the goods to the consignee or his agent or representative.

(2) If delivery of goods is made under sub-section (1), it shall be deemed to be a valid delivery of goods.
Multimodal Transport of Goods Act, 2006

Provided that, in the case of issuance of a non-negotiable multimodal transport document, there shall be no bar to deliver the goods to any other person specified in such authorization letter by obtaining the written consent of the consignor. 12. Reservation in Multimodal Transport Document: (1) At the time of issuing the multimodal transport document, if the multimodal transport operator or a person acting on his behalf knows that the general nature, leading marks, number of packages or pieces, weight or quantity of the goods mentioned in the document do not accurately correspond to the goods taken in charge, or if there are reasonable grounds to suspect that the goods taken in charge are not accurate, or if he does not have the necessary means to check such details, the multimodal transport operator or the person acting on his behalf may insert a reservation in the multimodal transport document, mentioning such inaccuracies, grounds for suspicion, or lack of means to check.

(2) Notwithstanding anything contained in sub-section (1), the legal validity of the multimodal transport document shall not be deemed to be adversely affected merely because one or more details mentioned in that sub-section are not included. 13. Taking Charge of Goods with Reservation: (1) Notwithstanding anything contained in Section 12, when taking charge of goods for carriage from the consignor or his authorized agent or representative, if the multimodal transport operator or his authorized representative has any doubt regarding the non-conformity of the goods with the particulars mentioned in the document, the goods may be taken in charge with a reservation stating the same.

(2) If the multimodal transport operator or his authorized representative takes charge of the goods for carriage from the consignor or his authorized agent or representative without making any reservation under sub-section (1), the goods mentioned in the transport document shall be deemed to be accurate. 14. Multimodal Transport Document as Prima Facie Evidence: The multimodal transport document shall be prima facie evidence that the multimodal transport operator has taken charge of the goods from the consignor as mentioned in the multimodal transport document. 15. Guarantee of Particulars of Goods Mentioned in Transport Document: When the consignor, his authorized agent or representative delivers goods to the multimodal transport operator for carriage, he shall be deemed to have given a general guarantee regarding the particulars mentioned in the multimodal transport document in respect of the goods so delivered. 16.
Multimodal Transport of Goods Act, 2006

16. Method of Delivery of Goods: When delivering goods to the consignee in accordance with the multimodal transport contract, the multimodal transport operator shall deliver as follows:

(a) In case a negotiable multimodal transport document marked as bearer has been issued, delivery shall be made to the person surrendering the original copy thereof,
(b) In case a negotiable multimodal transport document marked to the order of a named person has been issued, delivery shall be made to the person surrendering the duly endorsed multimodal transport document,
(c) In case a non-negotiable multimodal transport document marked with the name of the consignee has been issued, delivery shall be made to the person producing reasonable proof that he is the consignee mentioned in the written authorization letter of the consignor. Chapter-4

Liability of Multimodal Transport Operator

17. Liability of Multimodal Transport Operator: (1) After taking charge of the goods from the consignor in accordance with the multimodal transport contract, the multimodal transport operator shall have full liability over the goods until they are delivered in accordance with Section 16.

(2) The multimodal transport operator shall himself be accountable for any act done by the multimodal transport operator, his employee or his representative in the course of performance of the multimodal transport contract.

(3) Without prejudice to the generality of sub-section (1) or (2), if the goods taken in charge for carriage in accordance with the multimodal transport contract are lost, damaged or destroyed, or if reasonable loss, damage or injury is caused to the consignor or consignee due to non-delivery to the consignee within the time period determined under the multimodal transport contract, by the multimodal transport operator, his employee, his authorized representative or any other person rendering service to him under contract, the multimodal transport operator himself shall be accountable and shall pay compensation accordingly. Provided that, if the multimodal transport operator proves that such loss, damage or injury was not caused by the fault or negligence of the multimodal transport operator, his employee, his representative or any other person rendering service to him under contract, the multimodal transport operator shall not be liable to pay compensation. 18. Multimodal Transport Operator May Enter into Contracts: (1) After entering into a multimodal transport contract with the consignor under this Act and undertaking to carry the goods, the multimodal transport operator may, subject to the terms of the multimodal transport contract, enter into a contract with any other person regarding the carriage of the goods.

(2) If the multimodal transport operator carries the goods by entering into a contract with any other person under sub-section (1), he shall not be relieved of the liability under Section 17. 19.
Multimodal Transport of Goods Act, 2006

19. When Delay in Delivery of Goods is Deemed: If a time period for completing the carriage of goods is specified in the multimodal transport contract and the goods are not delivered within that period, or if no such period is specified, if the multimodal transport operator fails to deliver the goods within a reasonable time, taking into account the nature of the goods to be carried, the circumstances of the multimodal transport operator and the overall situation during carriage, the multimodal transport operator shall be deemed to have delayed in delivering the goods. 20. When Goods are Deemed Lost: If a time period for delivery of goods is specified in the multimodal transport contract and the multimodal transport operator fails to deliver the goods in accordance with the multimodal transport contract within ninety days from the expiry of that period, the goods shall be deemed to be lost. 21. Limitation of Liability: (1) Except where the value of the goods to be carried has been declared by the consignor and mentioned in the multimodal transport document before the multimodal transport operator takes charge of the goods for carriage, the liability of the multimodal transport operator for loss or damage arising from any loss of or damage to the goods taken in charge for carriage shall be limited to an amount not exceeding 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the goods lost or damaged, whichever is higher.

(2) For the purpose of sub-section (1), the packages or units as mentioned in the multimodal transport document shall be taken as the basis for determining the package or unit.

(3) In the case of liability arising from delay in delivery of the goods, the liability of the multimodal transport operator shall be limited, subject to the provisions made in the multimodal transport contract in this regard.

(4) Notwithstanding anything contained elsewhere in this Section, the liability of the multimodal transport operator shall not exceed the total value of all the goods to be carried under the multimodal transport contract. 22.
Multimodal Transport of Goods Act, 2006

22. Assessment of Loss: (1) If, after the multimodal transport operator has taken charge of the goods for carriage under the multimodal transport contract, the goods are lost, damaged or destroyed, or a situation arises requiring payment of compensation for loss caused by any other reason before delivery in accordance with the multimodal transport contract, the valuation shall be made on the basis of the reasonable value that the goods so lost, damaged or destroyed would have had at the place and time of delivery to the consignee.

(2) In determining the value under sub-section (1), the prevailing market price at the time shall be taken, or if such price cannot be ascertained, the value shall be determined on the basis of the reasonable value of other goods of the same kind.

(3) Notwithstanding anything contained elsewhere in this Act, if the goods to be carried under the multimodal transport contract are not carried by sea or inland waterways, the amount of compensation payable for loss of, damage to or destruction of goods shall not exceed 8.33 SDR per kilogram. 23. Liability under Prevailing Law: Notwithstanding anything contained elsewhere in this Act, if additional liability arises under any international treaty to which the State of Nepal is a party, or if any national law is also required to be complied with, in respect of goods carried under a multimodal transport contract, the multimodal transport operator shall not be exempted from the liability determined under such treaty or national law. 24. Not Entitled to Benefit of Limitation of Liability: If it is proved that the goods to be carried under the multimodal transport contract were lost, damaged or destroyed, or delivery was delayed, due to intentional or grossly negligent conduct of the multimodal transport operator, his employee or his representative, the multimodal transport operator shall not be entitled to any benefit relating to limitation of liability under this Act. Chapter-5

Miscellaneous

25.
Multimodal Transport of Goods Act, 2006

Chapter-5

Miscellaneous

25. Special Provisions regarding Dangerous Goods: (1) When delivering prescribed dangerous goods for carriage, the consignor shall inform the multimodal transport operator, his representative or any other person acting on his behalf about the nature of such goods and the precautions to be taken during their carriage.

(2) When delivering goods under sub-section (1), the outer part of each packaging containing such goods shall, as far as possible, be clearly marked with details thereof.

(3) If the procedure under sub-section (1) is not followed, or if loss or damage is caused to the multimodal transport operator in relation to the carriage of goods under the multimodal transport contract due to the fault or negligence of the consignor, his employee or his representative, the consignor himself shall be responsible.

(4) If the conditions under sub-section (1) or (2) are not fulfilled, the multimodal transport operator shall not be obliged to carry such goods, and may at any time unload, destroy or give away such goods at any place.

(5) If the multimodal transport operator carries such goods knowing the situation under sub-section (1), the multimodal transport operator himself shall be accountable for any loss or damage that may arise from such carriage. 26. Goods Deemed to have been Properly Delivered: (1) If, after the consignee takes delivery of goods from the multimodal transport operator, his employee or his authorized representative, no written notice is given to the multimodal transport operator, his employee or his representative regarding apparent loss or damage within two days from the date of taking delivery, the goods shall be deemed to have been properly delivered in accordance with the multimodal transport document.

(2) If there is a reasonable basis for not being able to immediately inspect the goods taken delivery of by the consignee from the multimodal transport operator, his employee or representative, and if no notice is given within three days from the date of taking delivery of such goods to the multimodal transport operator, his employee or his representative under sub-section (1), the goods shall be deemed to have been properly delivered in accordance with the multimodal transport document. 27. General Average May Apply: Notwithstanding anything contained in this Act or the prevailing law, if the concerned parties wish to include the condition of general average when concluding the multimodal transport contract, the liability under this Act may be determined subject to such condition. 28. Penalty: If any person operates multimodal transport services contrary to Section 3, the prescribed Department may impose a fine of ten thousand rupees to one hundred thousand rupees on him. 29.