chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 1: Short title and commencement Section 1, Sub-section (1): This Act may be cited as the 'National Civil (Code), 2017.' Section 1, Sub-section (2): It shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075). Section 2: Definitions Section 2: Unless the subject or the context otherwise requires, in this Act,- Section 2, Clause (a): “court” means the Supreme Court, High Court or District Court, and this term includes a court, other judicial body or authority authorized by law to proceed and adjudicate any specific type of civil cases, Section 2, Clause (b): "law" means a law in force for the time being, Section 2, Clause (c): "person" means a natural person and this term includes a legal person, Section 2, Clause (d): "law-suit" means a statement of claims, and this term includes any other kind of complaint, claim, counterclaim or equivalent petition, Section 2, Clause (e): “minor” means a child who has not attained eighteen years of age, Section 2, Clause (f): "Local Level" means the Rural Municipality (Gownpalika) or Municipality, Section 2, Clause (g): "property" means any movable or immovable property, Section 2, Clause (h): "heir" means a person who is in the order of priority for succession pursuant to Section 239. Section 3: Not to prejudice special legal provisions Section 3: Where a law in force provides a separate provision in any matter regulated by this Act, no provision of this Act shall affect such a matter. Section 4: Principles and provisions applicable generally Section 4: The principles and provisions referred to in this Chapter shall generally be applicable to the matters of civil law. Section 5: Ignorance of law not to be excused Section 5: The ignorance of law shall not be excused. Every one shall be presumed to have the knowledge of law. Section 6: Act against public interest not to be carried out Section 6: No one may carry out any act in such a manner so that it may be against public interest. Section 7: Act contrary to law to be invalid Section 7: Any act contrary to law shall be invalid. Section 8: A wrongdoer to bear liability for loss or damage Section 8, Sub-section (1): A person who causes loss or damage to another person by committing a wrong while doing, or causing to be done any act shall bear the liability for such loss or damage. Section 8, Sub-section (2): Every person shall himself or herself bear the consequences of any wrongful act committed by him or her. Section 8, Sub-section (3): Except as otherwise provided for in this Act or law, the concerned person shall bear compensation to perform the liability referred to in sub-section (1). Section 8, Sub-section (4): Determination of the Compensation shall be as provided for in the law. National Civil Code 2074
National Civil Code 2074

Section 9: Act causing nuisance to other not to be done Section 9: No person shall do, or cause to be done, any act that causes nuisance, annoyance or damage to prestige, reputation or property of another person. Section 10: Not to enjoy benefit of wrong Section 10: No person shall be entitled to enjoy benefit accrued from his or her own wrong. Section 11: Act against interest to be invalid Section 11: Any act done against the interest of a person who is under one's own guardianship, curatorship, subjection or influence or likely be under influence shall be invalid. Section 12: Personality to be recognized Section 12: Every person shall recognize other person's personality. Section 13: Good neighborhood to be maintained Section 13: Every person shall maintain so good neighborhood as not to cause damage, loss to the community or neighbors of his or her residence. Section 14: Not to be relieved from civil liability Section 14: No person shall be relieved from a civil liability under the law merely on the ground that the proceeding of criminal offense is initiated or not initiated against him or her. Section 15: Custom or tradition contrary to law not to be recognized Section 15: No custom or tradition contrary to law shall be recognized in the dispensation of justice. Section 16: Applicable to foreigners as well Section 16: Except in cases where the subject, context or nature requires application of any legal provision only to a Nepali citizen, this Act or other provisions concerning civil law shall be equally applicable to a foreigner as well. Section 17: To be equal before law Section 17, Sub-section (1): Every citizen shall be equal before law. Section 17, Sub-section (2): No citizen shall be deprived of equal protection of law. Section 18: Discrimination not to be made Section 18, Sub-section (1): No discrimination shall be made in the application of general law on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other ground. Section 18, Sub-section (2): No person shall discriminated in any public and private place on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other ground; and no person shall, on such ground, be prevented from using service, amenities or utilities of public use or from entering into a public place or public religious place or from performing religious act according to his or her will. Section 18, Sub-section (3): No person shall be discriminated on ground of sex with regard to remuneration and social security for the same work. Section 18, Sub-section (4): In appointing any citizen to a governmental or public office, he or she shall be appointed only on the basis of the qualifications determined by the law. National Civil Code 2074
National Civil Code 2074

In so appointing, no citizen shall be discriminated on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or similar other ground. Section 19: Discrimination not to be deemed where special provision is Section 19: made: Notwithstanding anything contained in Sections 17 and 18, any special provision made by law for the protection, empowerment or development of the citizens that are socially or culturally backward women, dalit, indigenous, indigenous nationalities, Madhesi, Tharu, Muslims, oppressed class, backward class, minorities, marginalized, peasants, workers, youths, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant women, the incompetent or helpless, backward region and also economically indigent Khash Arya shall not be considered to be a discrimination. Section 20: Guarantee of freedoms and rights Section 20, Sub-section (1): No person shall be deprived of personal liberty except in accordance with law. Section 20, Sub-section (2): Every citizen shall, subject to law, have the following freedoms and rights: Section 20, Sub-section (2), Clause (a): To express one’s opinion and expression, Section 20, Sub-section (2), Clause (b): To assemble, hold assembly, conference peacefully without arms, Section 20, Sub-section (2), Clause (c): To form union and association, Section 20, Sub-section (2), Clause (d): To move and reside in any part of Nepal, Section 20, Sub-section (2), Clause (e): To practice any profession, employment, industry, business, Section 20, Sub-section (2), Clause (f): To obtain education of his or her choice or in his or her mother tongue, Section 20, Sub-section (2), Clause (g): To earn, use, transfer property and carry out any other transaction of property, Section 20, Sub-section (2), Clause (h): To profess and practice his or her religion practiced from time immemorial, subject to the compliance of public morality and traditions, Section 20, Sub-section (2), Clause (i): To preserve and promote the language, script or culture of his or her community, Section 20, Sub-section (2), Clause (j): To operate a religious place and religious trust, by maintaining independent existence of his or her religious community, Section 20, Sub-section (2), Clause (k): To protect or maintain privacy of his or her body, residence, property, document, correspondence or information. National Civil Code 2074
National Civil Code 2074

Section 21: Right to privacy deemed to be violated Section 21, Sub-section (1): If any person commits, save in accordance with law, any of the following acts without obtaining consent of the concerned person, he or she shall be deemed to have violated the right to privacy: Section 21, Sub-section (1), Clause (a): Entry into any person’s residence, Section 21, Sub-section (1), Clause (b): Opening a person's correspondence or using it, taping or recording or listening the discourse, speech, sound through the medium of telephone or other technology, Section 21, Sub-section (1), Clause (c): Watching, publishing, broadcasting or disseminating activities, behaviors of personal life of a person, Section 21, Sub-section (1), Clause (d): Taking figure or photograph of a person, Section 21, Sub-section (1), Clause (e): Imitating other's name, figure, photograph, sound and making the same public. Section 21, Sub-section (2): Notwithstanding anything contained in clause (d) or (e) of sub-section (1), if a person commits any act referred to in the said clauses for literary or artistic purpose or public interest, the right to privacy shall not be deemed to have been violated. Section 22: Right to make contract Section 22: Every citizen shall have the right to make a contract subject to the law. Section 23: No taxation except in accordance with law Section 23: No tax shall be levied on and collected from a person’s property or income save in accordance with law. Section 24: Not to employ in work against will Section 24: No person shall be employed in a work against his or her will. Section 25: Property not to be acquired, requisitioned, auctioned or Section 25: forfeited: (1) The State shall not acquire, requisition, or otherwise create any right in, the property of anyone, except in accordance with law for the purpose of public interest. Provided that this provision shall not apply to a property earned illegally. Section 25, Sub-section (2): No property of anyone shall be auctioned or forfeited except in accordance with law. Section 26: Complaint may be filed Section 26, Sub-section (1): A person who is arrested or detained or any one on his or her behalf may file a petition in the Supreme Court, High Court or District Court for the writ of habeas corpus. Section 26, Sub-section (2): If a person files a petition in more than one court, the petition filed in the higher court shall be maintained. Section 26, Sub-section (3): If a person commit or there is sufficient suspicion that he or she is going to commit any act in contravention of this Chapter, the person aggrieved from such an act may, for the enforcement of his or her right, file a petition in the High Court or District Court having territorial jurisdiction. Section 26, Sub-section (4): If it is found from inquiry into the petition filed pursuant to sub-section (1) that the person has been arrested or detained against law, the concerned court shall order to release him or her immediately. National Civil Code 2074
National Civil Code 2074

Section 26, Sub-section (5): If it is found from inquiry in respect of the petition filed pursuant to sub-section (3) that the respondent has caused some damage or is about to cause damage to the petitioner's right, the concerned court may issue an order requiring the respondent to refrain from committing, or causing to be committed, any act damaging the petitioner’s right, and where some act has already been committed, from committing, or causing to be committed, the remaining act, or to do any act. Section 27: Compensation to be awarded Section 27, Sub-section (1): If, from the examination of the complaint filed pursuant to Section 26, the respondent is found to have maliciously committed any act causing damage to the complainant, the concerned court shall, having regard to the circumstances, order the respondent to pay reasonable compensation to the complainant. Section 27, Sub-section (2): If an official or employee working in a governmental or public body is held to have knowingly violated the civil rights referred to in this Chapter, such an official or employee shall personally bear the amount of compensation referred to in sub- section (1). Section 28: Compensation for filing false complaint Section 28, Sub-section (1): If a person is held to have filed a complaint with the intention of knowingly causing pain or loss or damage to a person, the concerned court shall order the person so filing the false complaint to pay a reasonable compensation to the respondent. Section 28, Sub-section (2): The compensation to be awarded under sub-section (1) shall include the costs incurred by the respondent for defense before the court, court fees and legal practitioner's cost. Section 29: Statute of limitation Section 29: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit any time in the case of arrest or detention, and within a period of six months after the date on which such an act or action was done or taken, in the other cases. Chapter – 1 Provisions Relating to Natural Persons Section 30: To be recognized as person Section 30: Every person shall, immediately after birth, be recognized as a person and be entitled to exercise rights under law until he or she survives. Section 31: Right to Name Section 31, Sub-section (1): Every person shall, immediately after birth, have right to name and be entitled to use the given name respectfully. Section 31, Sub-section (2): Every person shall have the right to defend his or her name, reputation and prestige and such right shall not be transferable to others. Section 31, Sub-section (3): No person shall be allowed to abuse another’s name. Section 32: To attain competency Section 32, Sub-section (1): Every person who attains eighteen years of age shall be considered to become a major, and shall, in the same capacity, be considered to be legally competent. National Civil Code 2074
National Civil Code 2074

Section 32, Sub-section (2): A person who is competent under sub-section (1) may, subject to law, exercise, bear and discharge any right, obligation and duty whatsoever. Section 33: To be considered incompetent Section 33, Sub-section (1): Notwithstanding anything contained in Section 32, a person who has not attained ten years of age, or even if attained that age, is unable to protect his or her right and interest for the reason of unsoundness of mind shall be considered to be legally incompetent. Explanation: For the purposes of this Act, the term "unsoundness of mind" means the condition of being incapable, due to physical and mental ill health, of knowing the act done by oneself in general understanding and consequences thereof. Section 33, Sub-section (2): An incompetent person does not have to bear any type of legal obligation, and while exercising a right, it has to be exercised, or cause to be exercised, only with the consent of the guardian or curator or through the guardian or curator, as the case may be. Section 33, Sub-section (3): In executing a document on behalf of an incompetent person, it shall be executed, or caused to be executed, through his or her guardian or curator, as the case may be. Section 34: To be considered quasi-competent Section 34, Sub-section (1): A person who has attained ten years of age but not completed eighteen years of age shall be considered as a quasi-competent person. Section 34, Sub-section (2): A quasi-competent person may, subject to law, exercise, bear and discharge any right, obligation and duty whatsoever. Section 34, Sub-section (3): A quasi-competent person shall, in exercising a right, obtain the consent of the guardian or curator or exercise the right through the guardian or curator, as the case may be. Section 34, Sub-section (4): In executing a document by a quasi-competent person, it shall be executed in the presence of his or her guardian or curator, as the case may be. Section 35: To be according to court decision Section 35: If a dispute arises about a person's competency, incompetency or quasi-competency, it shall be settled according to the decision of the court. Section 36: Physical examination or change of organ may be made Section 36, Sub-section (1): Any person may, subject to law, get his or her body examined, treated or transplanted or collected any organ or part or a sample of his or her body. Section 36, Sub-section (2): If a person is so incapable that he or she cannot express his or her consent, his or her guardian or curator, as the case may be, for the interest of such a person, carry out, or cause to be carried out, the act referred to in sub-section (1). Section 37: Power to specify method of one’s cremation, obsequies rites or Section 37: funereal acts: (1) Any person may, while he or she is alive, specify the manner of cremation, obsequies rites or funereal acts to be carried out after his or her death. National Civil Code 2074
National Civil Code 2074

Section 37, Sub-section (2): If a person has specified the manner of cremation, obsequies rites or funereal acts pursuant to sub-section (1), his or her successor shall carry out his or her cremation, obsequies rites or funereal acts accordingly. Section 37, Sub-section (3): If a person has not specified the manner of his or her cremation, obsequies rites or funereal acts pursuant to sub-section Section 37, Sub-section (1): , his or her successor shall conduct such person's cremation, obsequies rites or funereal acts according to the prevailing custom and tradition. Section 38: Power to donate corpse or organ Section 38, Sub-section (1): Any person may express in writing his or her will to donate, after his or her death, his or her corpse or any organ of body or any part thereof to a person for the purpose of using, or causing to be used, such corpse or organ for a particular work. Section 38, Sub-section (2): If a person has expressed his or her will pursuant to sub-section (1), his or her successor shall use the deceased’s corpse, part of the body or a portion thereof according to the will of the deceased. Section 38, Sub-section (3): Notwithstanding anything contained in sub-section (2), if the person accepting such corpse, organ or any part thereof is not available or if it is not possible to detach such corpse, organ or any part thereof, cremation, obsequies rites or funereal acts of such corpse shall be conducted pursuant to Section 37. Section 39: To be considered address of residence Section 39, Sub-section (1): If a person's address of residence needs to be determined, the address given by him or her for that purpose, where he or she has so given, and if not so given, the place of his or her permanent residence within Nepal shall be considered to be the address of his or her residence. Section 39, Sub-section (2): If a person does not have residence or his or her residence is not traced out pursuant to sub-section (1), the place of his or her abode for the time being shall be considered to be the address of his or her residence. Section 39, Sub-section (3): If a person does not have a residence or his or her residence is not traced out pursuant to sub-section (1) or (2) and the person has carried on any trade, business, employment or transaction, the place where he or she has so carried on trade, business, employment or transaction shall be considered to be the address of his or her residence. Section 39, Sub-section (4): Notwithstanding anything contained in sub-section (1), Section 39, Sub-section (2): or (3), where the address of a person's residence is changed, the place where he or she is residing for the time being shall be considered to be the address of his or her residence. National Civil Code 2074
National Civil Code 2074

Section 39, Sub-section (5): If the residence of an incompetent or quasi-competent person needs to be determined, the place of his or her permanent residence and if such place is not traced out, the place where his or her guardian or curator resides shall be considered to be the address of his or her residence. Section 39, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, if a person considers any address as the place of his or her residence for a particular purpose, such a place shall be considered to be the address of his or her residence. Section 40: Presumed to be dead Section 40, Sub-section (1): If a person misars without any notice for a period of consecutive twelve years or if a person for whom it is natural to have information about such disappeared person has not received any information about him or her for the last twelve years, such a person shall, except in cases where an evidence establishing that he or she is alive is received, be deemed to be dead. Provided that in the following circumstance, such a person shall be deemed to have died after the completion of the following period: Section 40, Sub-section (1): In the case of a person having attained eighty years of age, five years, Section 40, Sub-section (2): In the case of a soldier deputed to war-field, four years after the cessation of the war; Section 40, Sub-section (3): In the case of a person traveling by an aircraft, ship or other vehicle that met with an accident, three years after the date of such accident. Section 40, Sub-section (2): Notwithstanding anything contained in clause (3) of the proviso to sub-section (1), if a person dies in an accident and there is no evidence of another person meeting with the same accident to remain alive, such a person also shall be deemed to have died at the same time. Section 40, Sub-section (3): Where more than one person are dead at one and the same time in an accident, each person so died is deemed, except as otherwise proved, to have been died at the same time. Provided that where, for a particular purpose, a question that which of the persons died first in such an accident requires to be settled, the person who was older by age at the time of death shall, unless otherwise proved, be deemed to have been died first. Section 40, Sub-section (4): If the concerned person files a petition stating that any person has disappeared without a notice or died due to a disaster or accident and requests for a judicial declaration on such person's death, disclosing therewith the date, place, cause of death and basis thereof, the court may, after examining the evidence, make an order of judicial declaration on the death of such a person. National Civil Code 2074