chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 288, Sub-section (3): Notwithstanding anything contained in sub-section (2), if a ditch is constructed in a public or government land, it is not required to provide a substitute land, price of land or compensation for the land used in construction of the ditch. Section 289: Prohibition of using whole water of river or stream Section 289: No owner of a land shall so use the whole water of the river or stream which originates or flows from the land as to prevent the owner of downstream land from using the same or as to endanger the life of aquatic animals in the river or stream or as to adversely affect the ecological balance. Section 290: Prohibition of making new ditch affecting irrigated field Section 290: No person shall construct a new ditch above a land irrigated by a ditch already made and in operation in a manner to significantly lessen the volume of water in that land. Section 291: Use and allocation of ditch water Section 291, Sub-section (1): A person who has spent labor or money in the construction of a ditch shall have the first priority to the ditch water for the cultivation of land. Section 291, Sub-section (2): Notwithstanding anything contained in sub-section (1), in a place where people have been using the water according to agreed division between them from the time immemorial, all people shall be entitled to use the ditch water according to the division. Section 291, Sub-section (3): If the water is sufficient for or no longer required for a person who uses the water pursuant to sub-section (1), another person shall be entitled to use the ditch water for cultivating the land irrespective of the person whom the ditch belongs to. Section 291, Sub-section (4): If the land of a person is irrigated and then water overflows to other’s land, such water may be used even without the consent of the concerned land-owner, and no claim shall entertained for the same. Section 292: Prohibition of alteration in ditch without consent Section 292: If any ditch is constructed only in the land of a person and other persons have also been using the ditch, the owner of land where such ditch is situated shall not be allowed to alter the ditch without consent of the other persons using it. Section 293: One who does not make labor or expenses in making ditch not Section 293: allowed to use water: (1) While making a new ditch or repairing an old ditch, all persons who use the water of such ditch shall make necessary labor or expenses in proportion to their respective land. Section 293, Sub-section (2): A person who does not make labor or expenses in making a new ditch or repairing an old one pursuant to sub-section Section 293, Sub-section (1): shall not be entitled to use the water of such a ditch. National Civil Code 2074
National Civil Code 2074

Section 294: Construction of ditch or use of water with mutual consent Section 294: Notwithstanding anything contained elsewhere in this Chapter, if there is a separate agreement between the concerned land-owners or those who make a ditch or who are users of water in relation to the construction of ditch or using of water for the cultivation of land, the ditch may be made or water used according to that agreement. Section 295: Cultivation of land adjacent to river bank Section 295: If a river or stream enters in a land and divides it or cuts a land, the land shall belong to its owner and may be cultivated by the owner after the river or stream changes its course and leaves the land. Section 296: Prohibition of registration Section 296: No person shall register, or cause to be registered, other’s land in his or her name. Section 297: Transmission and registration and deregistration to be effected Section 297, Sub-section (1): If a person needs to have transfer of a land on the death of its registration holder or to have registration and deregistration of a land in which the person has got right in any manner, the concerned person shall submit an application to the Land Revenue Office and obtain transmission and registration and deregistration of the matter within thirty-five days of the occurrence of such an event. Section 297, Sub-section (2): If a person submits an application for transmission and registration and deregistration of the matter after the expiry of the time-limit referred to in sub-section (1), the Land Revenue Office shall execute the transmission and registration of such land in the applicant's name by collecting the fee of one hundred rupees irrespective of the length of time after such expiration. Section 298: Statute of limitation Section 298: A person who is aggrieved from any act done or action taken pursuant to this Chapter may make a lawsuit within six months after the date of knowledge of commission of such an act or action. Properties Section 299: Property deemed to be government property Section 299: The following property title to which belongs to, or which is owned, controlled by, or subject to, the Government of Nepal, Province Government and Local Government shall be deemed to be the government property: Section 299, Clause (a): Government houses, buildings or lands, Section 299, Clause (b): Roads, paths or railways, Section 299, Clause (c): Forests, or trees or trees, bushes in forests, Section 299, Clause (d): Rivers, rivulets, streams, lakes, ponds and banks thereof, Section 299, Clause (e): Canals, ditches or uncultivated, barren lands, Section 299, Clause (f): Mines or minerals, Section 299, Clause (g): Himalaya, mountains, rocks, sandy lands, public gardens, Section 299, Clause (h): Any Property other than a public, community, trust property or any one's property. National Civil Code 2074
National Civil Code 2074

Section 300: Property deemed to be public property Section 300, Sub-section (1): The following property which is for public purpose shall be deemed to be the public property: Section 300, Sub-section (1), Clause (a): Houses, lands, sewerage or roads having been used since ancient times, Section 300, Sub-section (1), Clause (b): Wells, water conduits, shores, ponds and banks thereof, Section 300, Sub-section (1), Clause (c): Exits for chattels, pasture lands, Kharka, graveyards, Chihan, Samadhisthal, Kabristan and lands where these are located, Section 300, Sub-section (1), Clause (d): Inns, Pauwas, Dewals, religious meditation sites, memorials, temples, shrines, Chaitya, monasteries, Stupas, churches, Chowk, Dawali, Chautari or lands where these are located, Section 300, Sub-section (1), Clause (e): Lands where fairs, markets and public entertainment or sports sites are located, Section 300, Sub-section (1), Clause (f): Private property provided by any person for public purposes, Section 300, Sub-section (1), Clause (g): Such other property as prescribed to be the public property by the Government of Nepal, by a notification in the Nepal Gazette. Section 300, Sub-section (2): The ownership of the public property shall vest in the public body or the Government of Nepal. Section 301: Property deemed to be community property Section 301: Any land held by a community for its use, any structure built in such land or other property owned by it shall be deemed to be the community property. Section 302: Details to be updated Section 302, Sub-section (1): The Land Revenue Office shall prepare and update the following details in relation to the government and public properties situated within the district: Section 302, Sub-section (1), Clause (a): The location where the government or public properties are situated, plot number and area, in the case of a land, and situation of the house, if any, Section 302, Sub-section (1), Clause (b): If the government or public properties are possessed by, or subjected to, any body or organization, details thereof, Section 302, Sub-section (1), Clause (c): Other necessary details. Section 302, Sub-section (2): The Local Level shall render necessary assistance to the Land Revenue Office in preparing the details referred to in sub- section (1). Section 302, Sub-section (3): After the preparation of the details pursuant to sub- section (1), the Land Revenue Office shall forward a copy thereof to the concerned district level administrative office and Local Level. Section 302, Sub-section (4): The Local Level shall collect and update the details referred to in sub-section (1) in relation to the community properties situated within its jurisdiction and forward a copy thereof to the concerned Land Revenue Office. Section 303: Land ownership registration certificate to be provided Section 303, Sub-section (1): If any government land is held in the name of a government body or public organization, the Land Revenue Office shall prepare the land ownership registration certificate of such land in the name of such body or organization and provide it to such body or organization. National Civil Code 2074
National Civil Code 2074

Section 303, Sub-section (2): If any land is available to a community in accordance with law, the Land Revenue Office shall prepare the land ownership registration certificate of such land in the name of such community and provide it to that community. Section 304: Obligation to protect government, public or community Section 304: properties: (1) The Government of Nepal, public organization or community holding the right in, possession, custody of, and control over, the government, public or community properties shall itself protect such properties. Section 304, Sub-section (2): To protect government and public properties shall be responsibility of the concerned district level administrative office and Local Level. Section 304, Sub-section (3): The concerned community and Local Level shall be responsible for the protection of the community property. Section 305: Prohibition of registration of government, public or community Section 305: properties in individual's name: (1) No person shall register, or cause to be registered, any government, public or community property in his or her name. Section 305, Sub-section (2): If a person registers, or causes to be registered, any government, public or community property in the name of any individual, such registration shall, ipso facto, be void. Section 305, Sub-section (3): If a complaint is filed as to the registration of any government, public or community property in any individual's name, the concerned Land Revenue Office shall summon the presence of the registration-holder also and inquire into the matter, as required, and make necessary decision within six months after the date of filing the complaint. Section 305, Sub-section (4): If the registration of any government, public or community property in any individual's name is annulled pursuant to this Section, the Land Revenue Officer shall make necessary entries in the records maintained in his or her office and give information thereof to the concerned district level administrative office and Local Level. Section 305, Sub-section (5): The Land Revenue Office shall punish a person who registers, or causes to be registered, any government, public or community property in contravention of this Section with a fine of twenty-five thousand to one hundred thousand rupees. Section 305, Sub-section (6): The registration of government, public or community property in oneself or some individual's name which in itself is offence as per prevailing laws, nothing written in this section shall be an obstacle to take action in offence related to it. Section 306: Prohibition of possession or cultivation of government, public Section 306: or community land: (1) No person shall possess any government, public or community land by way of overlapping, encroachment, surrounding or otherwise. Section 306, Sub-section (2): No person shall, except with the permission of the Government of Nepal, concerned public organization or community, cultivate, or cause to be cultivated, any government, public or community land. National Civil Code 2074
National Civil Code 2074

Section 306, Sub-section (3): If any person possesses or cultivates any government, public or community land in contravention of sub-section (1) or (2), the concerned Land Revenue Office, in the case of the government or public land, and the concerned Local Level, in the case of the community land, shall separate such land, recover the crops yielded in the land from that person and vacate the land. Section 306, Sub-section (4): The Land Revenue Office may punish any person who possesses or cultivates any government, public or community land in contravention of this Section with a fine not exceeding ten thousand rupees. Section 307: Prohibition of building structure Section 307, Sub-section (1): No person shall build any structure in any government, public or community land, for any personal or public purpose. Provided that any structure may be constructed as considered appropriate by the Government of Nepal, in the case of a government or public land, and by the concerned community for public purpose, in the case of a community land. Section 307, Sub-section (2): If any person initiate to construct any structure in any government, public or community land in contravention of sub- section (1), the concerned Chief District Officer or Local Level shall stop such work immediately. Section 307, Sub-section (3): If any person has already constructed any structure in any government, public or community land in contravention of sub- section (1), the concerned Chief District Officer shall give a time- limit of fifteen days to the main person having constructed the structure to demolish such structure. Section 307, Sub-section (4): The main person having constructed such a structure shall demolish the structure at his or her own expense within the time-limit given pursuant to sub-section (3). Section 307, Sub-section (5): If the main person having constructed such a structure fails to demolish the structure within the time-limit given pursuant to sub-section (3), the concerned Chief District Officer shall demolish such a structure. Section 307, Sub-section (6): If the Chief District Officer demolishes any structure pursuant to sub-section (5), the Chief District Officer may recover the expenses incurred in such demolition from the main person having constructed the structure and punish him or her with a fine not exceeding twenty-five thousand rupees. Section 307, Sub-section (7): It shall be the duty of the concerned police office to render necessary assistance, if any, sought by the Local Level in stopping the construction of any structure or in demolishing any already built structure pursuant to this Section. Section 308: Power to transfer government property Section 308: The Government of Nepal may transfer any government property owned and possessed by, or subjected to, any body or organization to any other body or organization, with the permission of such an owner body or organization. National Civil Code 2074
National Civil Code 2074

Section 309: Conversion of community property into public property Section 309, Sub-section (1): If any community holding a community property does not use it or submits an application bearing signature or thumb impression of each of the main persons of all families of such a community, setting out that it is not necessary to use such community property in its purpose, to the concerned Land Revenue Office, the concerned Land Revenue Officer may make necessary inquiry into the matter and convert such property into the public property. Section 309, Sub-section (2): In the event of conversion of any community property into the public property pursuant to sub-section (1), the concerned Land Revenue Officer shall make necessary entries in the records maintained in his or her office and give information thereof to the concerned district level administrative office and Local Level. Section 310: To reward complainant Section 310, Sub-section (1): Any person whosoever may make a complaint with the concerned body on the matters of registration, or causing registration, of a government, public or community property, or possession, use or cultivation of a land under such property or construction work done in such land, in contravention of this Chapter. Section 310, Sub-section (2): If, on inquiring into a complaint made pursuant to sub- section (1), the complaint is held to be true, the concerned body shall provide the complainant with a reward in a sum that is half the fine imposed on the wrongdoer pursuant to this Chapter. Section 310, Sub-section (3): The concerned body may keep confidential a complaint made pursuant to sub-section (1). Section 311: Action to be taken Section 311, Sub-section (1): If any employee, either knowingly or negligently or recklessly registers, or causes to be registered, any government, public or community property in the name of any person or if any employee with the duty to render assistance pursuant to this Chapter does not render such assistance, such employee shall be liable to departmental action in accordance with the law of terms and conditions of his or her service. Section 311, Sub-section (2): Nothing shall prevent the taking of action against an employee who commits an act referred to in sub-section (1) on a criminal offence, in addition to the action taken under sub-section Section 311, Sub-section (1): . Section 312: Governmental attorney empowered to file or make case, Section 312: petition or appeal: (1) The concerned government attorney shall have power to file or make a case, petition or appeal against any decision made by any body or authority, adversely affecting any government or public property. Section 312, Sub-section (2): The concerned office or authority shall provide the government attorney with such documents and other assistance as may be necessary in relation to the filing or making of a case, petition or appeal pursuant to sub-section (1). National Civil Code 2074
National Civil Code 2074

Section 313: Statute of limitation Section 313: A person may make a lawsuit at any time in the cases of Sections 305, 306 and 307 of this Chapter, and a person who is aggrieved from any act done or action taken referred to in other Sections of this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. Section 314: Trust deemed to be established Section 314: If a person makes necessary arrangements for the operation and management by another of a property in which the person has right, ownership and possession for the benefit of beneficiary, a trust shall be deemed to be established. Explanation: For the purposes of this Chapter, the term "beneficiary" means a person, group, general public, body whether incorporated or unincorporated, or community getting the benefit from the trust property. Section 315: Trust may be public or private Section 315, Sub-section (1): A trust may be either public or private. Section 315, Sub-section (2): A trust established for the accomplishment of the following object shall be deemed to be a public trust: Section 315, Sub-section (2), Clause (a): To establish, operate and use a fund for infrastructures of economic development or other development works, Section 315, Sub-section (2), Clause (b): To establish and operate a fund necessary for the development of skills, creation of employment opportunities and development of the people with low income, Section 315, Sub-section (2), Clause (c): To operate social welfare programs, Section 315, Sub-section (2), Clause (d): To establish and operate such educational and academic institutes like schools, colleges and universities as may be useful for the general public, Section 315, Sub-section (2), Clause (e): To establish and operate clinics such as hospitals and health posts for public purposes, Section 315, Sub-section (2), Clause (f): To protect natural, historical or cultural heritages or to promote such act, Section 315, Sub-section (2), Clause (g): To operate programs for the protection of wildlife, aquatic animals or environment, Section 315, Sub-section (2), Clause (h): To operate programs for the protection of interest, welfare or upliftment of various classes, groups or communities, Section 315, Sub-section (2), Clause (i): To operate programs relating to sports, Section 315, Sub-section (2), Clause (j): To carry out service-oriented welfare programs, Section 315, Sub-section (2), Clause (k): To operate rescue works, Section 315, Sub-section (2), Clause (l): To establish shrines, temples, monasteries, domes, mosques, churches or carry out similar other religious activities, Section 315, Sub-section (2), Clause (m): To operate other public programs for the interest of public. Section 315, Sub-section (3): A trust which is established with object to render benefit, advantage or facility to any particular person or group shall be deemed to be a private trust. Section 315, Sub-section (4): If a trust is established to accomplish both public and private objectives, such a trust shall be deemed to be a public trust. National Civil Code 2074
National Civil Code 2074

Section 316: Application to be made for establishment of trust Section 316, Sub-section (1): A person who intends to establish a trust shall make an application, setting out the following matters, to the Registrar: Section 316, Sub-section (1), Clause (a): Value and details of the property held for the trust, Section 316, Sub-section (1), Clause (b): Beneficiary, and benefit and facility to the beneficiary, the terms and limitation thereof, Section 316, Sub-section (1), Clause (c): If the trust is to be established for any particular period, matter relating thereto, Section 316, Sub-section (1), Clause (d): Other necessary details. Section 316, Sub-section (2): In making an application pursuant to sub-section (1), the following documents shall also be submitted with the application: Section 316, Sub-section (2), Clause (a): Memorandum of incorporation of the trust, Section 316, Sub-section (2), Clause (b): Trustee's name and photocopy of the deed relating to his or her consent, Section 316, Sub-section (2), Clause (c): Photocopy of the deed, if any, executed for the establishment of the trust, Section 316, Sub-section (2), Clause (d): Photocopy of a reliable deed relating to the trust settler's identity, and, in the case of the trust settler being a body corporate, certified copies of the documents relating to the incorporation of the body corporate and of the decision by such a body corporate in relation to the establishment of trust, Section 316, Sub-section (2), Clause (e): Receipt of payment of the fees chargeable by law for the registration of trust. Explanation: For the purposes of this Chapter: Section 316, Sub-section (1): "Registrar" means the authority provided for by law for the registration, supervision and liquidation of trusts, and this term also includes the Land Revenue Officer in the concerned district if such authority is not so provided for. Section 316, Sub-section (2): "Trustee" means the person who is responsible for the operation and management of a trust property. Section 316, Sub-section (3): Notwithstanding anything contained in sub-section (1), if any person has, by way of his or her oral behavior, conduct or a testamentary gift or will, provided for the operation and management of a property in which he or she has right, ownership and possession as a trust, the trust shall be deemed to have been established by such behavior, conduct or will. Provided that in the case of a property requiring registration for the transfer of its title in accordance with law, a deed pertaining to such transfer has to be registered. Section 316, Sub-section (4): If a foreign person intends to establish a trust, the person shall make an application, upon fulfilling the procedures as referred to in sub-sections (1) and (2). A foreign person may be the founder of the trust to be so established. Provided that a foreign person is not allowed to establish a trust for the accomplishment of the object referred to in clause (l) of sub-section (2) of Section 315. National Civil Code 2074