chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Electronic Commerce (E-commerce) Act, 2024

10. Goods or Services May be Returned: (1) If any goods or services purchased by a buyer pursuant to this Act are not in accordance with the details provided by the businessperson according to Section 6, the buyer may return such goods or services to the businessperson without using them or causing damage.

(2) If the buyer wishes to return goods or services pursuant to Sub-section (1), the businessperson shall accept the return of such goods or services without any condition.

(3) Where goods or services are returned pursuant to Sub-section (1), if the buyer so desires, the businessperson may provide other goods or services of equal value in exchange for such goods or services.

(4) If goods or services are returned pursuant to Sub-section (1) and the buyer refuses to take other goods or services in exchange for the returned goods or services pursuant to Sub-section (3), the businessperson shall refund to the concerned buyer the amount paid including tax when purchasing such returned goods or services.

(5) Other provisions relating to return of goods or services shall be as per the prevailing Federal law. 11. Export and Import May be Done: (1) Subject to the prevailing Federal law, any person, firm, company or entity may import goods or services by purchasing them from any foreign firm, company or entity conducting electronic commerce.

(2) If a businessperson sells goods or services through an electronic platform operated within Nepal to any foreign person, firm, company or entity, such goods or services may be exported after payment is secured through the banking system, subject to mutual contract and the prevailing Federal law. 12. Personal Information to be Kept Confidential: (1) The businessperson shall maintain the confidentiality of personal information or personal details identifying any person related to electronic commerce.

(2) Details to be kept confidential pursuant to Sub-section (1) shall not be given to anyone or used by oneself except as provided by the prevailing law. Provided that there shall be no bar to exchanging information related to transactions among the buyer, businessperson or carrier involved in the purchase and sale of goods or services under a contract.

(3) The businessperson shall not deprive any user of the facility to enter the platform, enter, modify their personal details, and close the source identifying them.

(4) If anyone does any act contrary to Sub-section (2), they shall be punished according to the prevailing law. 13.
Electronic Commerce (E-commerce) Act, 2024

13. Sale and Distribution Not to be Made: (1) Notwithstanding anything contained elsewhere in this Act, if a separate license is required or any condition or procedure must be fulfilled according to the prevailing law regarding the purchase and sale of a specific type of goods or services, such goods or services shall not be sold or transacted without obtaining such license or fulfilling such condition or procedure.

(2) If goods or services are sold without obtaining a license or fulfilling a condition or procedure pursuant to Sub-section (1), action shall be taken according to the prevailing Federal law. Chapter-3

Liability of Parties Related to Electronic Commerce

14. Liability of Intermediary Businessperson: In addition to the liabilities mentioned elsewhere in the prevailing law and this Act, the liability of an intermediary businessperson shall be as follows:-

(a) To mention details regarding goods or services placed for sale on the electronic platform pursuant to Section 6 in a true and clear manner so that the buyer can obtain them, and to trade only goods or services mentioned on such platform,

(b) To keep the records of transactions of purchased and sold goods or services safe for the period determined in the prevailing tax law based on the nature of the goods or services,

(c) If a warranty or guarantee has been given for the sold goods or services, to comply with or cause to comply with the terms of such warranty or guarantee for the mentioned period,

(d) Not to discriminate between goods or services of the same category made available for sale by different sellers on the electronic platform, or to give priority to any particular seller for the sale of goods or services,

Provided that if special facilities are provided to any seller or any goods or services among sellers or goods or services of a similar nature, the businessperson shall mention it on their platform in a way that the buyer can clearly obtain information about it.

(e) To make an agreement with the seller who makes such goods or services available for sale before placing the goods or services for sale through the electronic platform, and

(f) If the buyer wishes to return goods or services provided or facilitated by them that do not conform to the contract terms, to accept the return, exchange or refund of such goods or services according to the prevailing law. 15.
Electronic Commerce (E-commerce) Act, 2024

15. Liability of List-Based Electronic Commerce Businessperson: In addition to the liabilities mentioned elsewhere in the prevailing law and this Act, the liability of a list-based electronic commerce businessperson shall be as follows:-

(a) To mention details pursuant to Section 6 on their platform in a clear and accessible manner for the buyer,

(b) To mention notices and information required to be kept according to the prevailing law on their platform,

(c) Not to review or rate the quality and characteristics of goods or services placed for sale on the platform by presenting themselves or any other person as a fake consumer, and not to enter feedback,

(d) Not to present advertisements of goods or services placed for sale in a manner that misleads the buyer or consumer regarding the actual characteristics, method of use and other details of such goods or services,

(e) To keep records of transactions of purchased and sold goods or services safe for the period determined in the prevailing tax law based on the nature of the transaction,

(f) To deliver or provide sold goods or services without delay beyond the predetermined time, except in cases of force majeure,

(g) If there is a warranty or guarantee for the sold goods or services, to comply with the terms of such warranty or guarantee for the mentioned period,

(h) If the sold goods or services are not as displayed or as mutually agreed, or are delivered later than the predetermined time, or are defective, to accept the return, cancel or stop such goods or services that were sold or approved for sale, and refund the payment made therefor to the concerned buyer, and

(i) If a commitment has been publicly made regarding the authenticity of any goods or services sold, and any question arises regarding that matter resulting in liability, to bear such liability. 16.
Electronic Commerce (E-commerce) Act, 2024

16. Liability of Seller: In addition to the liabilities mentioned elsewhere in the prevailing law and this Act, the liability of a seller shall be as follows:-

(a) To make a written or electronic contract with the intermediary businessperson before making goods or services available for sale through the electronic platform of the intermediary businessperson,

(b) To provide to the intermediary businessperson, in writing or by electronic means, the proof of business registration according to the prevailing law, documents, name, address, mechanism for collecting and addressing consumer complaints, details regarding exchange or return of goods or services and refund, and details of registration with Permanent Account Number or Value Added Tax,

(c) To provide to the intermediary businessperson the details pursuant to Section 6 regarding each goods or service to be sold through the electronic platform,

(d) To deliver or provide sold goods or services without delay beyond the predetermined time, except in cases of force majeure,

(e) Not to engage in any kind of unfair trade practice when making goods or services available to the intermediary businessperson for sale through the electronic platform or in any other circumstances,

(f) Not to review or rate the quality of goods or services made available for sale to the intermediary businessperson by presenting themselves or any other person as a fake consumer, and not to enter feedback, and

(g) If goods or services made available by the seller for sale through the intermediary businessperson are not as displayed or as mutually agreed, or are delivered later than the predetermined time, or are defective, to accept the return, cancel or stop such goods or services that were sold or approved for sale, and refund the payment made therefor to the concerned buyer. 17. Liability of Buyer: (1) When purchasing goods or services through electronic means pursuant to this Act, the buyer shall bear the liability as per the contract made between the buyer and the businessperson.

(2) While conducting electronic commerce pursuant to this Act, the buyer shall not do or cause to do any act with the intention of causing trouble to anyone.

(3) The buyer shall check, see and ascertain whether goods or services purchased through electronic means pursuant to this Act have been received as per the contract made at the time of purchase, and if there is any complaint, shall make a complaint as soon as possible, including through electronic means. 18.
Electronic Commerce (E-commerce) Act, 2024

18. Liability Relating to Transportation: (1) Where a contract is made to deliver requested goods or services to the place, time and person specified by the buyer, the liability to transport or provide the service according to such contract shall be of the businessperson, notwithstanding anything contained in the prevailing law.

(2) For transporting goods or delivering services pursuant to Sub-section (1), the businessperson may make a separate contract with a carrier.

(3) The liability of a carrier mentioned in the prevailing law relating to consumer protection shall apply equally to a carrier under this Act.

(4) If anyone does any act contrary to Sub-section (3), they shall be punished according to the prevailing law relating to consumer protection. 19. Unfair Trade or Business Activities Not to be Done: (1) While conducting electronic commerce pursuant to this Act, the seller, businessperson or other party shall not do or cause to do any act that is deemed to be an unfair trade or business activity according to the prevailing law.

(2) If any act is done or caused to be done contrary to Sub-section (1), action shall be taken according to the prevailing law. 20. No Exemption from Liability: Notwithstanding anything contained elsewhere in this Act, if any complaint pursuant to Section 28 or any grievance pursuant to Section 33 is received regarding any goods or services provided or sold by a businessperson through their electronic platform, the businessperson shall not be exempt from the liability to address such complaint or grievance solely on the ground that they did not produce, import or provide the sold goods or services. Chapter-4

Offenses and Penalties

21. Deemed to have Committed an Offense: If anyone does or causes to do the following acts, they shall be deemed to have committed an offense under this Act:-

(a) Conducting electronic commerce without establishing an electronic platform pursuant to Section 4,

(b) Operating a business without listing pursuant to Section 5,

(c) Conducting electronic commerce without disclosing details regarding goods or services pursuant to Section 6,

(d) Failing to fulfill the liability or doing any act violating the liability pursuant to Clauses (a), (b) and (e) of Section 14; Clauses (a), (b), (e) and (f) of Section 15; and Clauses (a), (b), (c) and (d) of Section 16, or

(e) Failing to fulfill the liability or doing any act violating the liability pursuant to Clauses (c), (d) and (f) of Section 14; Clauses (c), (d), (g), (h) and (i) of Section 15; and Clauses (e), (f) and (g) of Section 16. 22.
Electronic Commerce (E-commerce) Act, 2024

22. Fine May Be Imposed: (1) For an offense pursuant to Clause (a), (b), (c) or (d) of Section 21, the Inspecting Officer may, based on the gravity of the offense, impose a fine ranging from twenty thousand rupees to one hundred thousand rupees.

(2) If any party is dissatisfied with the fine imposed by the Inspecting Officer pursuant to Sub-section (1), they may appeal to the Director General within seven days from the date of receipt of the order of fine.

(3) The Director General shall decide on the appeal received pursuant to Sub-section (2) and the complaint received pursuant to Section 28 within thirty-five days, and such decision shall be final. 23. Punishment: If anyone commits or causes to commit an offense under Clause (e) of Section 21, based on the gravity of the offense, there shall be a fine ranging from fifty thousand rupees to five hundred thousand rupees or imprisonment ranging from six months to three years, or both. 24. Investigation and Diary of Case: (1) The Inspecting Officer shall investigate an offense punishable under Section 23.

(2) After the investigation work is completed pursuant to Sub-section (1), the Inspecting Officer shall submit it to the concerned government attorney for a decision on whether or not to prosecute, and if the government attorney decides to prosecute, the Inspecting Officer shall file the case in the concerned Consumer Court pursuant to the prevailing law, or in the absence of such court, in the concerned District Court. 25. Government of Nepal to be Plaintiff: In a case of an offense punishable under Section 23, the Government of Nepal shall be the plaintiff. 26. Summary Procedure to be Followed: While conducting proceedings and adjudicating a case filed under Section 24, the summary procedure as per the prevailing Federal law shall be followed. Chapter-5

Miscellaneous

27. Monitoring and Inspection of Electronic Commerce: (1) The Department shall carry out monitoring and inspection of electronic commerce.

(2) In addition to Sub-section (1), if there is a provision for monitoring and inspection of any goods or services by a separate body or officer according to the prevailing law, the monitoring and inspection of such goods or services shall be done accordingly.

(3) If any irregularity is found in the electronic platform or related arrangements while monitoring and inspecting pursuant to Sub-section (1) or (2), the Department or the body or officer conducting the monitoring and inspection may give necessary directives, and it shall be the duty of the businessperson to comply with such directives. 28.
Electronic Commerce (E-commerce) Act, 2024

28. Complaint May Be Filed: (1) If anyone does any act contrary to this Act, anyone who has knowledge of such matter may file a complaint with the Director General or the Inspecting Officer, along with the information or evidence they possess. Such complaint may also be filed through electronic means.

(2) If the person filing a complaint pursuant to Sub-section (1) wishes to keep their name confidential, the name of such person shall be kept confidential.

(3) Notwithstanding anything contained in Sub-section (1), if during the course of monitoring it is found that any businessperson or other person has done any act contrary to this Act, or if a grievance from anyone is received regarding the same, the monitoring report or grievance shall also be treated as a complaint.

(4) If it appears that further investigation is required on a complaint received by the Director General pursuant to Sub-section (1) or (3), he/she shall send such complaint to the concerned Inspecting Officer for taking action under this Act.

(5) The Inspecting Officer shall investigate the complaint received pursuant to Sub-section (1), (3) or (4) within six months, and if it is a matter that can be fined by themselves, impose a fine, and if it is a matter for prosecution, take action to prosecute according to this Act.

(6) If it appears that action on a complaint received under this Section should be taken by another body, the Director General or the Inspecting Officer shall send a letter to the concerned body as soon as possible for action.

(7) Upon receiving a letter for action pursuant to Sub-section (6), the concerned body shall take action according to the prevailing law and inform the Department thereof. 29. Coordination to be Made: While monitoring and inspecting the electronic platform or related arrangements, the Department shall coordinate with the body of the Government of Nepal regulating information technology matters according to the prevailing law, and do such work including subject experts. 30. Standards to be Followed: If the body of the Government of Nepal regulating information technology determines and implements necessary standards according to the prevailing law for the improvement and upgrading of electronic platforms, the concerned businessperson shall comply with such standards. 31.
Electronic Commerce (E-commerce) Act, 2024

30. Standards to be Followed: If the body of the Government of Nepal regulating information technology determines and implements necessary standards according to the prevailing law for the improvement and upgrading of electronic platforms, the concerned businessperson shall comply with such standards. 31. As per Consumer Protection Act: Except as mentioned in this Act, provisions relating to the quality of goods or services, labels to be affixed on goods, procedure and basis for returning sold goods, price determination of goods or services, inquiry, inspection and monitoring procedure, resolution of consumer disputes, compensation and basis for determining compensation, and other provisions relating to consumer rights, interests or protection shall be as provided in the prevailing law relating to consumer protection, and the provisions of such law shall apply mutatis mutandis in relation to goods or services transacted electronically under this Act as if they were included in this Act. 32. Directives May Be Given: (1) To make the operation and management of electronic commerce more effective under this Act, the Department may give necessary directives to the businessperson.

(2) If there is a provision that a specific type of goods or service is regulated by a separate body or officer according to the prevailing law, such body or officer may also give directives pursuant to Sub-section (1).

(3) It shall be the duty of the concerned businessperson to comply with the directives given pursuant to Sub-section (1) or (2). 33.
Electronic Commerce (E-commerce) Act, 2024

33. Grievance Management: (1) If a buyer or consumer is dissatisfied after purchasing any goods or services from any businessperson, or after initiating the purchase process, they may make a grievance through electronic means, by written notice, or by appearing in person before the responsible person or unit designated for hearing grievances by the businessperson.

(2) If any grievance is received pursuant to Sub-section (1), the businessperson shall register such grievance and immediately inform the buyer or consumer thereof through electronic or other means.

(3) If a grievance is received pursuant to Sub-section (1), the businessperson shall investigate the matter and render a decision within fifteen days.

(4) While investigating a grievance pursuant to Sub-section (3), if it is necessary to request additional information from the buyer or consumer regarding the matter, the responsible person or unit hearing the grievance may request such information.

(5) If the grievance of the buyer or consumer can be addressed, the responsible person or unit hearing the grievance shall do so accordingly, and if it cannot be addressed, they shall provide written information with reasons to the concerned buyer or consumer within fifteen days from the date of receipt of the grievance.

(6) The businessperson shall develop and implement an electronic system-based mechanism (online redressal mechanism) for grievance management under this Section. 34. Deemed to be Done by the Businessperson Itself: Electronic commerce conducted by an employee, worker or representative on behalf of a businessperson under this Act shall be deemed to be done by the businessperson itself. 35. Discount, Facility or Concession May Be Given: The Government of Nepal may, by publishing a notice in the Nepal Gazette, provide necessary discounts, facilities or concessions to micro, household and small industries that transact goods or services produced in Nepal exceeding the limit specified by the Ministry through an electronic platform, or that sell their own products. 36. No Bar to Prosecution under Prevailing Law: If an act deemed to be an offense under this Act is also deemed to be an offense under other prevailing law, this Act shall not be deemed to bar prosecution under such law. 37. Directives May Be Issued: The Ministry may, as necessary, issue directives for the implementation of this Act. 38. Evaluation of Act Implementation: The Ministry shall evaluate the implementation of this Act within five years of its commencement and thereafter within one year of the completion of each five-year period, and a report thereof shall be submitted to the relevant committee of both houses of the Federal Parliament.
Guthi Corporation Act, 1976

Guthi Corporation Act, 2033 (1976)

Date of Royal Seal and Publication
2033.7.4 (1976)

Amending Acts

1. Guthi Corporation (First Amendment) Act, 2041 (1984) 2041.8.24
2. Guthi Corporation (Second Amendment) Act, 2049 (1992) 2049.9.15

Date of Authentication and Publication
2063.6.28 (2006)
2066.10.7 (2009)
2072.6.14 (2015)
2072.11.13 (2016)

Act No. 41 of the year 2033 (1976)



An Act Made to Amend and Consolidate the Laws relating to Guthi Corporation

Preamble: Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). Whereas a Guthi Corporation has been established to remove Rajguthis from the control of the Government of Nepal and entrust them to a Corporation, and to operate Rajguthis in a well-organized manner; and whereas, with the objective of maintaining good relations among various classes of people and preserving the economic interest and morality of the general public, it is desirable to amend and consolidate the laws relating to the Guthi Corporation and to make more effective and timely provisions,

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

Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Guthi Corporation Act, 2033 (1976)".

(2) This Act extends throughout Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)..

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

(a) "Corporation" means the Guthi Corporation established under Section 3.

(b) "Chairperson" means the Chairperson of the Guthi Corporation. Added by the First Amendment.(b1) "Committee" means the Board of Directors constituted under Section 9. Added by the First Amendment.(b2) "Member" means a member of the Committee.
Guthi Corporation Act, 1976

Added by the First Amendment.(b1) "Committee" means the Board of Directors constituted under Section 9. Added by the First Amendment.(b2) "Member" means a member of the Committee. Added by the First Amendment.(b3) "Administrator" means the Administrator of the Corporation.

(c) "Guthi" means any trust created by any donor by relinquishing his right over his movable or immovable property or any other property or amount yielding income for the purpose of conducting the festival, worship or procession of any matha or any god or goddess, or for any religious or charitable work, including building, operating or maintaining any temple, shrine, rest house, pavilion, well, pond, lake, water spout, water tap, road, ghata, bridge, chautara, grazing land, garden, orchard, forest, library, school, dispensary, hospital, house, building or institution.

(d) "Rajguthi" means a Rajguthi, the rights and obligations of which, at the time of commencement of this Act, were vested in the Guthi Corporation and which was being managed and operated by the Guthi Corporation.

(e) "Chhut Guthi" means a Guthi which, before the commencement of the Guthi Corporation Act, 2021 (1964), was registered in the government Guthi register, or was required to be so registered, on the condition that from its income, the worship, festival, etc. of the Guthi are conducted according to the deed of endowment, and the remaining surplus or salami of the Guthi is deposited in the Rajguthi, or on the condition that the operator of the Guthi himself may consume the surplus, and for which the land of such Guthi is exempted from paying the land revenue or rent to the Government of Nepal, and the Guthi is registered in a way that the Guthiyar himself can operate the Guthi.

(f) "Niji Guthi" means a private Guthi of the public other than Rajguthi and Chhut Guthi.

(g) "Guthiyar" means the donor of a Chhut Guthi or Niji Guthi, or the person having the right to operate the Guthi or consume the surplus of the Guthi being a successor of the donor, and the Mahant or Pujari for the time being of such Guthi.

(h) "Guthi Raitan Nambari Jaga" means land for which the person whose name it is registered has to pay land revenue to the Corporation.

(i) "Guthi Nambari Jaga" means land for which the Corporation, in its capacity as landowner, has to pay land revenue to the Government of Nepal.

(j) "Guthi Tainathi Jaga" means land not registered in anyone's name, over which the Guthi Corporation has full rights.

(k) "Guthi Adhinashtha Jaga" means land for which the person whose name it is registered has been paying the produce-rent to the Corporation.

(l) "Guthi Jimidari" means a Jimidari in any Jimidari mauja in which the Guthi has a right and land revenue is deposited into the Guthi.
Guthi Corporation Act, 1976

Amended by the First Amendment.(m) "Prescribed" or "as prescribed" means prescribed by the Regulations made under this Act or by orders issued by the Government of Nepal by notification published in the Nepal Gazette from time to time. Chapter-2

Establishment and Management

3. Guthi Corporation to remain: (1) The Guthi Corporation established under the Guthi Corporation Act, 2021 (1964) shall be deemed to have been established under this Act and shall continue to exist.

(2) The Corporation shall be a self-governing and organized body with perpetual succession. It shall have a separate seal for its work. It may sue and be sued in its own name.

(3) Subject to this Act and the Regulations made under this Act, the Corporation may acquire, possess, and in any manner transfer movable and immovable property.

(4) The principal office of the Corporation shall be located in Kathmandu. 4. Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). 5. Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). 6. Appointment of Employees and Advisors: (1) The Corporation may appoint employees and advisors as required, and their appointment and conditions of service shall be as prescribed.

(2) Notwithstanding anything contained in Sub-section (1), if the Government of Nepal deems necessary, it may, from time to time, increase or decrease the posts of employees of the Corporation Deleted by the Second Amendment.. 7. Formation of Vidwat Samiti: Amended by Some Nepal Laws Amendment Act, 2063 (2006).(1) There shall be a Vidwat Samiti (Expert Committee) in the Corporation consisting of five members including one Chairperson, nominated by the Government of Nepal from among scholars and saints renowned in the religious, social and educational fields.

(2) The employee designated by the Chairperson of the Corporation shall be the Secretary of the Vidwat Samiti.

(3) The Chairperson of the Corporation shall participate in the meeting of the Vidwat Samiti. Amended by the First Amendment.(4) The term of office of the members nominated under Sub-section (1) shall be four years. They may be re-nominated after the expiry of the term. Provided that if the Government of Nepal deems appropriate, it may nominate another person in place of any member even before the expiry of their term.

(5) Members of the Vidwat Samiti shall receive remuneration or allowance as prescribed for attending the meeting of that Samiti. 8. Consultation with Vidwat Samiti: Amended by the Second Amendment.The Committee may, if it deems necessary, consult the Vidwat Samiti on the following matters:

(a) Ancient customs and practices relating to Guthi,
(b) Religious rites, traditions and other arrangements related to religion. 9.
Guthi Corporation Act, 1976

8. Consultation with Vidwat Samiti: Amended by the Second Amendment.The Committee may, if it deems necessary, consult the Vidwat Samiti on the following matters:

(a) Ancient customs and practices relating to Guthi,
(b) Religious rites, traditions and other arrangements related to religion. 9. Formation of Committee: (1) For the operation of the work of the Corporation, the Government of Nepal shall constitute a Board of Directors consisting of the following members:

(a) Person designated by the Government of Nepal - Chairperson
(b) Representative, Ministry of Home Affairs (Gazetteed First Class) - Member
(c) Representative, Ministry of Law, Justice and Parliamentary Affairs (Gazetteed First Class) - Member
(d) Representative, Ministry of Education and Culture (Gazetteed First Class) - Member
(e) Director General, Department of Land Revenue - Member
(f) Three persons nominated by the Government of Nepal from the religious and social fields of the country, having experience in Guthi related work - Member
(g) Administrator - Member-Secretary

(2) If an Executive Chairperson is appointed in the Corporation, the work of the Secretary of the Committee shall be performed by an employee of the Corporation designated by the Chairperson.

(3) The term of office of a member nominated under clause (f) of Sub-section (1) shall be three years, and they may be re-nominated after the expiry of the term. Provided that if the Government of Nepal deems appropriate, it may nominate another person in place of any nominated member even before the expiry of their term. Added by the First Amendment.9A. Work, Duties and Powers of the Committee: (1) The Committee shall oversee, control and manage all the works and activities of the Corporation.

(2) The Committee shall exercise all the powers and perform the duties vested in the Corporation under this Act.

(3) The Committee shall implement appropriate suggestions recommended by the Vidwat Samiti. 10. Repealed by the First Amendment

11. Disqualification for Membership: The following persons shall not be qualified to be a member of the Amended by the First Amendment.Committee or the Vidwat Samiti:

(a) Deleted by the First Amendment
(b) A person who has been declared insolvent,
(c) A person who is insane or of unsound mind,
(d) A person who has been convicted by a court of a criminal offence involving moral turpitude and sentenced to imprisonment,
(e) A person who has not completed the age of twenty-one years, or
(f) A person who is a party to a contract with the Corporation or has a personal financial interest in any transaction with the Corporation. 12.
Guthi Corporation Act, 1976

12. Circumstances for Ceasing to be a Member: A person shall cease to be a member of the Amended by the First Amendment.Committee or the Vidwat Samiti in the following circumstances:

(a) If any disqualification mentioned in Section 11 arises,
(b) If the person resigns from the membership,
(c) If the Government of Nepal removes the person for being absent from the meetings of the Amended by the First Amendment.Committee or the Vidwat Samiti for three consecutive times without prior permission of the Amended by the First Amendment.Committee or the Vidwat Samiti and without reasonable cause,
(d) If, pursuant to the proviso to Sub-section (4) of Section 7 and Sub-section (3) of Section 9, the Government of Nepal nominates another person in place of any member. Added by the First Amendment.12A. Appointment of Administrator: The Government of Nepal shall appoint one Administrator in the Corporation. Amended by the First Amendment.13. Fund of the Corporation: (1) The Corporation shall have its own separate Fund. The following amounts shall be deposited in that Fund:

(a) Grant received from the Government of Nepal,
(b) Amount received from any regular source,
(c) Land revenue or other income received from Guthi land,
(d) Amount received upon converting Guthi Adhinashtha Jaga into Raitan Nambari Jaga and registering it,
(e) Any other amount received by the Corporation.

(2) All cash of the Corporation shall be kept in the Nepal Rastra Bank or in any bank designated by the Committee, in the name of the Corporation.

(3) All expenses to be incurred on behalf of the Corporation shall be borne from the Fund of the Corporation.

(4) Notwithstanding anything contained in Sub-section (3), the amount received under clause (d) of Sub-section (1) and the amount received from the sale of property held in the name of the Corporation shall be kept as a Permanent Fund (Akshay Kosh) of the Corporation, and such amount shall not be spent on annual recurring expenses except for depositing in a fixed deposit account in any bank or making permanent investments such as constructing houses or shops. At least twenty-five percent of the income derived from the investment of the Permanent Fund must be compulsorily deposited back into the same Fund, and the remaining amount may be spent on the work of the Corporation. 14. Accounts and Audit of the Corporation: (1) The accounts of the Corporation shall be maintained in accordance with the prevailing Nepali law.

(2) The audit of the Corporation shall be conducted by the Auditor General. 15.
Guthi Corporation Act, 1976

14. Accounts and Audit of the Corporation: (1) The accounts of the Corporation shall be maintained in accordance with the prevailing Nepali law.

(2) The audit of the Corporation shall be conducted by the Auditor General. 15. Fiscal Year and Annual Report of the Corporation: (1) The fiscal year of the Corporation shall be the same as that of the Government of Nepal.

(2) The Corporation shall submit an annual report of its financial position and its work to the Government of Nepal within six months of the end of each fiscal year. Chapter-3

Work and Duties of the Corporation

16. Management and Operation of Rajguthi: (1) The Corporation shall, for the management and operation of its trust Rajguthis, mathas and temples, appoint Mahants, Pujaris, managers and other workers and employees as required, and shall have the work such as festivals, worship, etc., conducted directly under trust management as per the deed of endowment, if any, and tradition; and the income from such trust Rajguthi, matha, temple shall be deposited in the Guthi Fund and Guthi Produce Stock, and expenses shall be borne from the Guthi Fund and Guthi Produce Stock itself.

(2) In the case of Chhut Guthis and Niji Guthis converted into Rajguthis, the Corporation, without discontinuing the festivals, worship, etc., required to be performed according to the deeds, documents and traditions of such Guthis, and without causing the lapse of religious practice, and without reducing or unnecessarily cutting down the existing posts of workers, employees and expenditure, may fix a term of up to five years and entrust the management and operation of such Guthi to the registered Guthiyar, Mahant, Pujari or any other person who has been operating it previously, under the supervision, control and direction of the Corporation itself, without necessarily operating the Guthi work under trust management as per Sub-section (1). Provided that, upon such entrustment, after deducting expenses according to the established posts, the remaining income shall be deposited with the Corporation. 17.
Guthi Corporation Act, 1976

Provided that, upon such entrustment, after deducting expenses according to the established posts, the remaining income shall be deposited with the Corporation. 17. Work, Duties and Powers of the Corporation: Except as expressly provided in this Act, the work, duties and powers of the Corporation shall be as follows:

(1) To manage and operate Rajguthis, vesting rights and obligations in the Corporation,
(2) To take over Chhut Guthis and Niji Guthis into Rajguthis and manage and operate them under trust management, or cause them to be operated as provided in this Act,
(3) To conduct or cause to be conducted religious festivals, worship, etc., according to the deed of endowment or tradition, without letting the religious practice lapse,
(4) To utilize the movable and immovable property of Rajguthis or the income therefrom for existing and any additional religious, educational, social, cultural or charitable institutions or works,
(5) To reduce unnecessary expenditure from the income of Rajguthis, prevent leakage, and create new posts of employees and expenditure as necessary for operating Rajguthis in a more organized manner,
(6) To receive any grant, donation, endowment, movable and immovable property,

Added by the First Amendment.(6a) To manage offerings (bheti-ghati) made at mathas and temples,
Added by the First Amendment.(6b) To maintain an inventory and preserve or cause to be preserved ancient ornaments and religious and cultural objects,
Added by the First Amendment.(6c) When expenditure is required for the work of any Guthi, to spend as far as possible from the income of that same Guthi,
(7) To engage in farming, horticulture and animal husbandry,
(8) To give contracts or make agreements on behalf of the Corporation for performing any work required to be done from a Rajguthi,
(9) To build houses and shops and rent them out,
(10) To initiate any legal proceedings required to be conducted on behalf of the Corporation or defend any legal proceedings instituted against the Corporation and act according to the court's judgment,
(11) To operate Guthis from the income amount of Rajguthis, spend for them, establish a reserve fund from the remaining amount, and make secure investments from that fund,
(12) To cultivate Guthi Tainathi Jaga itself or have it cultivated by appointing a tenant (Mohi),
(13) To perform other incidental works while managing and operating Rajguthis according to this Act and prevailing law. 18.
Guthi Corporation Act, 1976

18. Works Not to be Performed by the Corporation: The Corporation shall not perform the following works:

(1) Relinquish ownership of Guthi land without the approval of the Government of Nepal,
(2) Register Guthi waste land as Nambari in contravention of the policy of the Government of Nepal,
(3) Perform any work, financial transaction or other arrangement relating to management that causes loss to the Corporation or obstructs the religious work of a Rajguthi. 19. Rights and Obligations of Chhut Guthi to Vest in Corporation: All Chhut Guthis shall be converted into Rajguthis, and all rights existing over the movable and immovable property and deity images of such Chhut Guthis shall vest in the Corporation, and all rights of the Guthiyars and Khannidars of such Chhut Guthis shall be extinguished. Amended by the Second Amendment.19A. Inventory of Niji Guthi: (1) The Guthiyar of a Niji Guthi shall submit an inventory of the Guthi to the Corporation in the format as prescribed.

(2) After receiving the inventory under Sub-section (1), the Corporation shall maintain separate inventories, as prescribed, of Niji Guthis maintained for personal or family purposes and those maintained for social benefit. Amended by the Second Amendment.20. Corporation may take over Rights and Obligations of Niji Guthi: (1) If all or a majority of the Guthiyars, including the donor, of any Niji Guthi make a written request that the Corporation itself undertake the rights and obligations of such Niji Guthi and manage and operate it, the Corporation may take over the rights and obligations of such Guthi and manage and operate it.

(2) If it appears that the Guthiyar of a Niji Guthi maintained for social benefit, excluding Niji Guthis maintained for personal or family purposes, has not operated the Guthi according to the terms written in stone tablets, religious deeds, endowment deeds, etc., and has misappropriated the Guthi property, the Corporation may take over charge of such Guthi and manage and operate it, even if the Guthiyar has not made a written request.

(3) The Guthi Corporation may take over the administration of all types of Guthi land that are subject to paying revenue (kut) to the Pashupati Amalkot Kachahari or related to Pashupati Guhyeshwari, and manage and operate them.

(4) After the Corporation takes over the rights and obligations under Sub-section (1) or (2), such Niji Guthi shall be converted into a Rajguthi, and all rights existing over the movable and immovable property and deity images of such Niji Guthi shall vest in the Corporation, and all rights of the donor, Guthiyar and Khannidar of such Niji Guthi shall be extinguished. 21.
Guthi Corporation Act, 1976

21. Submission of Details and Property of Chhut Guthi and Niji Guthi Converted into Rajguthi: The donor, Guthiyar or person operating the Guthi of a Chhut Guthi or Niji Guthi converted into Rajguthi under Sections 19 and 20 shall, within six months of the notification published by the Corporation, submit to the Corporation the details of the movable and immovable property of such Guthi and all documents including the inventory (syaha shresta) as specified by the Corporation. Chapter-4

Abolition of Guthi Jimidari

22. Abolition of Guthi Jimidari: Guthi Jimidari is abolished. As a result of such abolition, all rights of the Jimidar and Patwari related to the Jimidari of the concerned Guthi mauja shall be deemed to have been automatically extinguished. Provided that, in the case of land attached to the Jimidari, it shall be registered in the name of the Jimidar whose Jimidari has been abolished as Guthi Raitan Nambari. 23. Documents Relating to Jimidari: A person in whose custody the documents of a Guthi Jimidari are held shall, upon being ordered by the Corporation, submit such documents to the Corporation. 24. Interim Arrangement for Collection and Recovery of Land Revenue: Until the Corporation makes arrangements and gives notice regarding the collection and recovery of land revenue of the abolished Guthi Jimidari, the concerned Jimidar or Patwari shall collect and recover the land revenue as before and deposit it with the Corporation. Chapter-5

Rajguthi Land

Amended by the First Amendment.25.
Guthi Corporation Act, 1976

Chapter-5

Rajguthi Land

Amended by the First Amendment.25. Management of Guthi Tainathi Jaga: Amended by the Second Amendment.(1) The Corporation may itself cultivate Guthi Tainathi Jaga or have it registered by auction.

(2) In the case of waste or fallow land among Guthi Tainathi Jaga, the Corporation may, depending on the situation, make any of the following arrangements:

(a) Cultivate it itself,
(b) Allow a specific farmer to cultivate it by remitting the revenue (kut) for some years as prescribed, Deleted by the Second Amendment and
(c) Deleted by Some Nepal Laws Amendment and Repeal Act, 2072 (2015)

(3) Notwithstanding anything contained in Sub-sections (1) and (2), if any Guthi Tainathi Jaga is found suitable for building houses, plots, or for industry or business, the Corporation may, considering the use and importance of the place, have it auctioned as prescribed Deleted by the Second Amendment and convert it into Guthi Raitan Nambari Jaga and register it Added by the Second Amendment.and, in the case of those who have already built houses and are residing by investing their own capital on Guthi Tainathi Jaga before 26 Chaitra 2046 (April 9, 1990), such house plots may be converted into Raitan Nambari and registered in their own name based on the valuation determined by the valuation committee as provided elsewhere in this Act.

(4) Notwithstanding anything contained in Sub-sections (1), (2) and (3), land that is a shrine site or religious and public vacant land related to deities, shrine sites, festivals, worship, and processions shall not be registered in the name of any individual. Even if such land has been registered, the Corporation may cancel such registration. 26. Management of Guthi Adhinashtha Jaga: (1) After the commencement of this Act, in the Kathmandu Valley and Hill districts, in respect of Guthi Adhinashtha Jaga where the actual tiller pays revenue (kut) to the registered landholder and the registered landholder tenant (Mohi) is required to pay the full produce-rent or partial produce-rent and partial cash valuation to the Rajguthi, all rights of the registered landholder shall be extinguished, and the Corporation shall acquire full ownership of such land, and the actual tiller farmer on such land shall have tenancy rights (Mohiyani hak) in accordance with the prevailing law. Amended by the First Amendment.(2) The registered landholder tenant whose rights are extinguished under Sub-section (1) shall receive, as compensation, an amount equal to ten times the land revenue applicable to his original land according to the prevailing law, as prescribed. The registered landholder entitled to such compensation shall receive the compensation amount after deducting any arrears payable to the Guthi.
Guthi Corporation Act, 1976

The registered landholder entitled to such compensation shall receive the compensation amount after deducting any arrears payable to the Guthi. Amended by the First Amendment.(3) The compensation amount to be given to the registered landholder tenant under Sub-section (2) shall be deposited by the actual tiller farmer, whose rights arise upon the extinction of the registered landholder's rights, with the Corporation as prescribed. Added by the First Amendment.(3a) If it is found that the registered landholder tenant has failed to pay the revenue (kut) payable to the Corporation and arrears have accumulated, the tiller farmer shall submit to the Corporation proof of having paid the revenue for such arrears period to the registered landholder tenant. Added by the First Amendment.(3b) If the proof of payment of revenue as per Sub-section (3a) cannot be submitted, the revenue for the period for which proof cannot be submitted shall be paid to the Corporation. Amended by the First Amendment.(4) If the actual tiller farmer, whose rights arise upon the extinction of the rights of the registered landholder tenant, does not deposit the compensation amount as specified in Sub-section (3), or does not pay the arrears of revenue as per Sub-section (3b) as prescribed, then proceedings may be taken as in the case of non-payment of revenue for such land, and another tenant may be appointed upon taking prescribed fees (dastur) for such land. Amended by the First Amendment.(5) If another tenant is appointed as a result of proceedings under Sub-section (4), such tenant shall deposit with the Corporation, as prescribed, the remaining compensation amount payable to the registered landholder tenant whose rights were extinguished under Sub-section (3) and the revenue amount under Sub-section (3b).

(6)Deleted by the First Amendment.

(7) Notwithstanding anything contained in this Section, if anyone has acquired a right under the law on any Guthi Adhinashtha Jaga and built a house and residence, such portion of land up to the limit of land allowed to be kept for house and residence under prevailing Nepali law shall be registered in the tenancy (Mohiyani) of that person. Chapter-6

Provisions Relating to Tenant (Mohi)

27. Tenancy Rights to Apply: The actual tiller farmer on Guthi land shall have tenancy rights (Mohiyani hak) according to the prevailing law. Amended by the Second Amendment.Provided that,

(a) A Rakami who has the right to till and enjoy land in lieu of performing specific work for the Guthi shall not have tenancy rights on such land.
(b) Tenancy rights shall not apply to Guthi land that is an orchard not previously cultivated, or to vacant Guthi land in designated towns or cities. 28.