chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 366, Sub-section (3): Notwithstanding anything contained in sub-section (1) or (2), if a property is given in usufruct on the condition that it shall remain valid until any person attains a certain age, the provision of usufruct shall remain valid until the date on which the person attains that age even if the person dies before the date of attainment of such age, as if he or she were surviving. Section 367: Statute of limitation Section 367: 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 the commission of such an act or action. Section 368: Servitude to be deemed Section 368, Sub-section (1): If there is a provision of enjoyment or use by the owner of another property of any immovable property or any part thereof in which another person has right, ownership or possession pursuant to this Chapter, provision of servitude shall be deemed to have been created. Section 368, Sub-section (2): A servitude shall be in existence in accordance with the contract, nature of the place where the immovable property is situated, custom or practice exercised since ancient time therein. Section 369: Use of provision of servitude to be allowed Section 369, Sub-section (1): If there is a provision of servitude pursuant to Section 368, the owner of the concerned immovable property shall allow another person to enjoy or use the immovable property in accordance with the provision of servitude. Section 369, Sub-section (2): Notwithstanding anything contained in sub-section (1), if there is a provision of servitude for public purpose, such a servitude may also be used for personal purpose. Section 369, Sub-section (3): Notwithstanding anything contained elsewhere in this Section, a servitude created by operation of law may be used in accordance with law. Section 370: Servitude not to be adversely affected by transfer of immovable Section 370: property: (1) A servitude in a servient immovable property shall continue to exist even if the owner of such a immovable property transfers all or any of such property to another person in any manner. Section 370, Sub-section (2): Even if the servient immovable property is partitioned, each coparcener shall be deemed to have provided such a servitude. Section 370, Sub-section (3): Notwithstanding anything contained in sub-section (1) or (2), if in transferring or partitioning the servient immovable property, there is a provision of servitude elsewhere in such property and servitude is not thus required to be provided in the immovable property in which a person acquires right by way of such transfer or partition, the servitude shall be deemed to have been extinguished to that extent. National Civil Code 2074
National Civil Code 2074

Section 371: To allow enjoyment or use Section 371, Sub-section (1): If any land, despite that a person has right, ownership or possession in it, has been in use since ancient time as a public or community road, cattle exit, pasture land, ditch, cannel, quay, pond, public road, sewage, track road or main road, public shelter, tomb, graveyard, shrine, temple, monastery, dome, mosque, Idgaha, Karbala, Kabristan or church, community school, hospital or similar other public monument or site, the land shall be allowed to be used by the concerned persons accordingly for the particular purpose. Section 371, Sub-section (2): The owner or possessor of the servient land shall not cultivate or use, make any structure in, or otherwise own or possess, it in such manner as to adversely affect the provision set forth in sub-section (1). Section 372: Use of neighbor's house or land at time of disaster Section 372: If, at the time of disaster such as fire, earthquake, volcano and flood, it is not possible to rescue victims of such disaster without entering or using the house or land of a person, the victims may be rescued, or caused to be rescued, by entering the house or land with the consent of the owner of the house or land if the owner is available, and even without consent of the owner of the house or land if the owner is not available for the time being or refuses to give consent. Explanation: For the purposes of this Section, the term "the owner of the house or land" means the person who is using, possessing or controlling the concerned house or land for the time being. Section 373: Acquisition of servitude of passage Section 373, Sub-section (1): If the passage originally available to have access to and from a house or land is destroyed subsequently due to a disaster, the person who has been using the passage to and from such house or land from the past shall have the servitude of a reasonable passage to the public road. Section 373, Sub-section (2): A person shall not be entitled to demand the servitude of passage from the owners of all surrounding houses or land pursuant to sub-section (1), and he or she may demand such a servitude from the owner of the house or land through which the distance to the public road is the shortest. Section 374: Prohibition of transfer of house or land without provision of Section 374: passage or exit:(1) In setting aside and transferring any part of the house or land with the provision of passage or exit, such a house or land shall not be transferred without making provision of passage or exit to both the purchaser and the seller. Section 374, Sub-section (2): Notwithstanding anything contained in sub-section (1), if there is another passage or exit to and from such house or land, it is not required to make provision of passage or exit. National Civil Code 2074
National Civil Code 2074

Section 375: Power to extend basic services Section 375: If it is not possible to provide basic services such as sewerage, water supply, electricity, gas and telephone service to the house of a person through his or her own land or public, government or community land, the person shall be entitled to lay pipe or line in the neighbor's land in such manner as not to cause any loss or damage to the owner of such land. Section 376: Power to use river or stream or river or stream bank Section 376: Any person may carry out movement, navigation, boating or fishing in the river or stream which is situated in, or originated from, the personal property of any person or within the zone of a maximum of four meters in either side of such river or stream. Provided that such activity is not allowed in small rivulets that do not have perennial flow of water. Section 377: Power to use exit road Section 377, Sub-section (1): If a river or stream is diverted or a reservoir is built or a dam is made for any reason in the river or stream, the owner of the concerned land shall provide a reasonable exit for the public and livestock to have access to and from such diversion, reservoir or dam. Section 377, Sub-section (2): If, in maintaining the provision of exit passage referred to in sub-section (1), it is possible to maintain such exit passage through the land of more than one person, the exit passage shall, unless provided otherwise, be maintained through the nearest land that is technically feasible for the access to the diversion, reservoir or dam though that passage. Section 378: Prohibition of preventing natural flow of water Section 378, Sub-section (1): Every house or land owner shall himself or herself manage the rain water flow from his or her house or land. Section 378, Sub-section (2): If there is no provision referred to in sub-section (1), the rain water shall be allowed to make its natural course. Provided that no water shall be let to so flow as to cause adverse effect on the downstream land by making a ditch, controlling floods or otherwise diverting the flow or through human intervention. Section 379: Power to use stream, river or pond water Section 379: Any person may use the water of a stream, river or pond, which is originated from, flows through or situated in, the land of another person for the purpose of irrigation and drinking, after the use of such water by the concerned owner. Provided that in making such use, the adjoining neighbor shall have priority. National Civil Code 2074
National Civil Code 2074

Section 380: Requirement to allow passage or exit for farming Section 380, Sub-section (1): If a person does not have a passage or exit for people or livestock to have access to and from his or her farm land and needs such passage or exit, the owner of the concerned land shall provide the facility of passage or exit to such a person. Provided that no person shall be compelled to provide such a passage or exit through the house and compound land. Section 380, Sub-section (2): A person who uses the passage or exit pursuant to sub- section (1) shall so use it that no loss or damage is caused to the crops or other property of the person providing such a passage or exit. Section 381: Compensation to be paid Section 381: If, in using a house or land belonging to another person, any kind of loss or damage is caused to any one for the purposes set forth in Sections 372, 373, 375, 377 and 380, the person using the passage or exit shall pay a reasonable compensation to the concerned house or landowner. Section 382: Statute of limitation Section 382: 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 such an act or action. Section 383: House deemed to be rented Section 383: If a person who has right, possession or ownership in a house lends, for a rent, the house to another person to use it for a certain period of time, the person shall be deemed to rent the house. Explanation: For the purposes of this Chapter, the term "house" means any house, storey, unit or room of the house, or land or cartilage occupied by such a house. Section 384: Prohibition of renting unsafe house Section 384, Sub-section (1): No person shall rent or take on rent a house which is not safe for human habitation from health and security perspectives. Section 384, Sub-section (2): The quality standards of a house for non-residential purpose such as a warehouse, livestock farming, storage and cold storage shall be as specified in the house rent agreement. Section 385: Period of house rent Section 385, Sub-section (1): The period of house rent shall be as set forth in the agreement, not exceeding five years. Provided that if a house is rented for a commercial purpose, it shall be as set forth in the agreement. Section 385, Sub-section (2): Notwithstanding anything contained in sub-section (1), after the expiration of the period of house rent, the period may be extended at times with the consent of the house owner and the tenant. National Civil Code 2074
National Civil Code 2074

Section 386: Agreement to be concluded while renting Section 386, Sub-section (1): While renting a house, its owner shall enter into an agreement in writing with the tenant, setting out the following matters: Section 386, Sub-section (1), Clause (a): Full name and address of the owner and of the tenant, their citizenship number, and passport or identification certificate, in the case of a foreigner, Section 386, Sub-section (1), Clause (b): Place and plot number of the land where the house is located, Section 386, Sub-section (1), Clause (c): Purpose for rent, Section 386, Sub-section (1), Clause (d): Date of commencement of rent, Section 386, Sub-section (1), Clause (e): Validity period of rent, Section 386, Sub-section (1), Clause (f): Monthly rent, Section 386, Sub-section (1), Clause (g): Time and mode of payment of rent, Section 386, Sub-section (1), Clause (h): Liability to pay tariffs of electricity, water supply, telephone etc. used in the house, Section 386, Sub-section (1), Clause (i): Matter on payment of house rent tax, Section 386, Sub-section (1), Clause (j): If the rented house is to be insured, matter relating thereto, Section 386, Sub-section (1), Clause (k): Matter on leaving the rented house and eviction of the tenant from it, Section 386, Sub-section (1), Clause (l): Matter as to whether the rented house can be sublet to another, and Section 386, Sub-section (1), Clause (m): Other necessary matters. Section 386, Sub-section (2): Notwithstanding anything contained in sub-section (1), it is not necessary to enter into an agreement in writing with the tenant if the monthly house rent does not exceed twenty thousand rupees. Section 386, Sub-section (3): The tenant's photograph shall also be affixed to the agreement referred to in sub-section (1). Section 386, Sub-section (4): The agreement referred to in sub-section (1) shall also be signed by at least two witnesses of each side, namely the house owner and the tenant, and a copy thereof shall be retained each by the owner and the tenant. Section 386, Sub-section (5): After the completion of the procedures referred to in sub-section (4), an agreement shall be deemed to be entered into between the house owner and the tenant. Section 387: Details of house to be provided Section 387: In renting a house, the owner shall, at the time of entering into agreement, disclose the weakness or fault, if any, in the structure of the house to the tenant. Section 388: Preparation of description of goods or chattels Section 388, Sub-section (1): The house- owner shall, prior to renting his or her house, prepare a description of the goods or chattels in the house to be rented. Section 388, Sub-section (2): If the tenant is to use the goods or chattels set forth in the description prepared pursuant to sub-section (1), he or she shall receive such goods or chattels and give a receipt thereof to the house-owner. National Civil Code 2074
National Civil Code 2074

Section 389: Obligations of house owner Section 389: The obligations of the house-owner shall be as follows: Section 389, Clause (a): To allow the tenant to use the house in accordance with the agreement, Section 389, Clause (b): To arrange for such water and electricity supply, sewerage and sanitation in the rented house as may be required, except as otherwise provided for in the agreement, Section 389, Clause (c): To prevent the tenant from insecurity, harassment or unrest from other persons dwelling in the house, Section 389, Clause (d): To abide by the other matters set forth in the agreement. Section 390: Obligations of tenant Section 390: The obligations of the tenant shall be as follows: Section 390, Clause (a): To pay the rent to the house owner within the specified period, Section 390, Clause (b): To maintain sanitation in, take care of (herchaha), protect and safeguard the rented house properly and reasonably, as if it were his or her own, Section 390, Clause (c): Not to do any act such as causing unrest, harassment or insecurity to the other dwellers in the house or neighbors, Section 390, Clause (d): To abide by the other matters set forth in the agreement. Section 391: Mode and procedure of payment of rent Section 391, Sub-section (1): The tenant shall pay the rent to the house owner in accordance with the mode and procedure set forth in the agreement. Section 391, Sub-section (2): If the agreement does not provide for any mode and procedure of the payment of rent pursuant to sub-section (1), the tenant shall pay the rent to the house owner within seven days of the expiry of each month. Section 391, Sub-section (3): The rent may be paid by way of cheque or cash pursuant to sub-section (2). Section 391, Sub-section (4): If the owner receives the rent in cash pursuant to this Section, he or she shall give a receipt thereof to the tenant. Section 392: Obligation to pay tax and other charge Section 392, Sub-section (1): Except as otherwise set forth in the agreement, it shall be the obligation of the house owner to pay the tax and other charge leviable by law in relation to the house rented. Section 392, Sub-section (2): If it is the obligation of the land owner to pay tax or charge pursuant to sub-section (1) and the house owner fails to pay the tax or charge in time, the tenant may pay such tax or charge. Section 392, Sub-section (3): If the tenant pays the tax or charge pursuant to sub- section (2), he or she shall be entitled to deduct such an amount from the rent payable to the house owner. Section 393: Insurance of house to be procured Section 393, Sub-section (1): A tenant who rents a house for industrial or business purpose shall procure the insurance of the house for its security. National Civil Code 2074
National Civil Code 2074

Explanation: For the purposes of this Section, the term "industrial or business purpose" means the operation of any industry or carrying on a business or trade by having a departmental store or one or more than one shop. Section 393, Sub-section (2): If the person obliged to procure insurance pursuant to sub-section (1) fails to procure insurance of the house and the house is damaged by such cause as disaster, unrest, riot or fire, the tenant shall be liable for such damage. Section 394: Repair and maintenance of house rented Section 394, Sub-section (1): Except as otherwise set forth in the agreement, the tenant shall be obliged to repair and maintain the rented house, as required. Section 394, Sub-section (2): If the agreement provides that the house owner is obliged to repair and maintain the rented house and it is necessary to carry out any repair and maintenance of the house, the tenant shall give a notice in writing to the house owner in time. Section 394, Sub-section (3): If the land-owner fails to repair and maintain the rented house despite the notice given pursuant to sub-section (2), the tenant may repair and maintain such a house. Section 394, Sub-section (4): The tenant shall be entitled to deduct the billed amount of expenses incurred in the repair and maintenance of the house carried out pursuant to sub-section (3) from the rent payable to the house owner. Section 394, Sub-section (5): Except as otherwise agreed upon between the house owner and the tenant in respect of the repair and maintenance of the house, the tenant shall, prior to carrying out repair and maintenance under sub-section (4), prepare a cost estimate of the repair and maintenance and give its written information to the house owner in advance of fifteen days. Section 395: Subletting house rented to other person Section 395, Sub-section (1): If the agreement entered into with the house owner provides that the tenant may sublet the whole or any portion of the house rented by him or her to another person, the tenant may, subject to the agreement, sublet the whole or any portion of such a house to another person. Section 395, Sub-section (2): If the tenant sublets the whole or any portion of the house rented to another person pursuant to sub-section (1), the tenant shall, no later than fifteen days, give information in writing indicating the name and address of the sub-tenant to the house- owner. Section 395, Sub-section (3): A sub-tenant who rents the house pursuant to sub- section (1) shall pay the rent of the house or its portion to the tenant who has so sublet. Section 395, Sub-section (4): The sub-tenant who rents the house pursuant to sub- section (1) shall, while dwelling in the rented house, abide by all such terms and provisions as required to be abided by the tenant pursuant to this Chapter. National Civil Code 2074
National Civil Code 2074

Section 395, Sub-section (5): If the sub-tenant who rents the house pursuant to sub- section (1) fails to act in accordance with the terms while dwelling in the rented house or fails to maintain sanitation in, protect or safeguard, the house or carries out any act such as causing harassment, pain or unrest to the other dwellers of the house or neighbors, the tenant may evict the sub-tenant from the house at any time. Section 396: Prohibition of altering structure without consent Section 396, Sub-section (1): Except as otherwise provided in the agreement, the tenant shall not demolish, remove or disorder any structure of, or add any structure to, the rented house or otherwise alter it without the house owner's consent in writing. Section 396, Sub-section (2): If the tenant does any act in contravention of sub- section (1) and thereby causes any loss to the house-owner, the house-owner shall be entitled to recover compensation for the loss caused to him or her from the tenant. Section 397: Prohibition of using house contrary to agreement Section 397: The tenant shall not use the house for any purpose other than that for which he or she has rented it, without prior consent of the house-owner. Section 398: Alteration in agreement Section 398: The house owner and the tenant may, with mutual consent, make necessary alteration in the house rent agreement. Provided that if such an agreement is registered pursuant to this Act, alteration shall be made upon making application to the concerned body. Section 399: Power to inspect Section 399, Sub-section (1): The house-owner may, by an advance notice to the tenant, inspect the rented house from time to time. Section 399, Sub-section (2): If the house-owner intends to inspect the rented house pursuant to sub-section (1), it shall be the duty of the tenant to allow the house-owner to inspect the house. Section 400: Leaving rented house Section 400, Sub-section (1): A tenant may leave the rented house prior to the expiration of the period of rent in any of the following circumstances: Section 400, Sub-section (1), Clause (a): If the house owner fails to perform his or her obligations pursuant to Section 389, Section 400, Sub-section (1), Clause (b): If the tenant no longer needs the house for the purpose for which he or she rented it, Section 400, Sub-section (1), Clause (c): If the house owner does any act in contravention of the agreement or this Chapter. Section 400, Sub-section (2): If the tenant is to leave the house in the circumstance referred to in clause (b) of sub-section (1), except as otherwise provided in the agreement, the tenant shall give a notice in writing to the house-owner in advance of at least thirty-five days. National Civil Code 2074