chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Provided that in the case of any deed, document or evidence to be approved by the registrar, it is not required to submit the copies of such deeds, documents or evidence to the registrar. Section 339, Sub-section (2): The trustee and the registrar shall safely retain the deeds, documents and evidences referred to in sub-section (1). Section 340: Entitlement to reimbursement from trust property Section 340: Notwithstanding anything contained elsewhere in this Chapter, if the trustee has used his or her personal property or other's property in the course of the protection of the trust property, accomplishment of the object of trust or protection of the benefit of the beneficiary, the trustee shall be entitled to reimburse the amount for such property from the trust property. Section 341: Other powers, duties and liabilities deemed to be vested with Section 341: trustee: Except as otherwise provided for in the memorandum of incorporation, in addition to the powers, duties and liabilities clearly set forth in this Chapter, such other powers and duties as may be required for the implementation and accomplishment of the object of trust, care (herbichar)and protection of the trust property and protection of the rights and benefits of the beneficiary shall be deemed to be vested with the trustee. Section 342: Acts not to be done by trustee Section 342, Sub-section (1): Except as otherwise provided for in the memorandum of incorporation, no trustee shall do, or cause to be done, any of the following acts: Section 342, Sub-section (1), Clause (a): To use the trust property in any manner other than in the accomplishment of the object of trust, Section 342, Sub-section (1), Clause (b): To use, or caused to be used, the trust property in any act yielding profit to the trustee himself or herself or to anyone else, except in the accomplishment of the object of trust, Section 342, Sub-section (1), Clause (c): To delegate or hand over the responsibility or obligation of trustee to another trustee or a person, Provided that nothing shall bar the appointing of his or her agent or attorney in the course of ordinary transaction or assigning of any responsibility or obligation if such responsibility or obligation is to be assigned in view of the nature of such transaction or assigning of any responsibility to another person with the consent of the beneficiary, if any, identified. Section 342, Sub-section (1), Clause (d): To carry out any act relating to the trust solely contrary to Section 329, if there are more than one trustee, Section 342, Sub-section (1), Clause (e): To obtain any remuneration, allowance or facility in consideration for being a trustee, Provided that nothing shall bar the receiving of reasonable remuneration, allowance or facility for any work done whole-time or part-time after establishing the office or with the prior permission of the registrar, without prejudicing the object of the trust or benefit of the beneficiary. National Civil Code 2074
National Civil Code 2074

Section 342, Sub-section (1), Clause (f): To purchase or otherwise receive on pledge, mortgage, lease or rent the property of the trust for which he or she is a trustee during his or her tenure or before at least three years of his or her retirement from the office of a trustee. Section 342, Sub-section (2): The trustee shall not make any economic transaction between his or her private property and the trust property. He or she shall make compensation for the loss, if any, to the trust property from such transaction. Section 342, Sub-section (3): The trustee shall not merge his or her property with the trust property. Section 343: To give direction to transfer trust property Section 343: Except as otherwise provided for in the memorandum of incorporation, in the case of only one beneficiary, after he or she becomes competent to make contract, and in the case of more than one beneficiary, after all of them become competent to make contract and reach consensus, such beneficiary or beneficiaries may direct the trustee to hand over the trust property to him or her or them, and if any direction is so given, it shall be the duty of the trustee to abide by such direction. Provided that this provision shall not apply to the public trust. Section 344: Power to relinquish benefit of trust property Section 344, Sub-section (1): In the case of a private trust, the beneficiary who is competent to make contract may, by a notice in writing to the trustee and the registrar, relinquish any or all of his or her right, benefit, facility or interest from the trust property. Section 344, Sub-section (2): If every beneficiary wholly relinquishes the right, benefit, facility or interest from the trust property pursuant to sub- section (1), such a trust shall be deemed to have been dissolved. Section 345: Duty to maintain ownership of trust property Section 345, Sub-section (1): The trust property shall be entered as such in the records of trust and held in the name of the person specified in the memorandum of incorporation and in the name of the beneficiary, if such a person is not specified in the memorandum of incorporation. Section 345, Sub-section (2): If, in the case of a public trust, the memorandum of incorporation provides for the establishment of a separate body corporate for the operation and management of the trust property, such property shall be held in the name of the body corporate so established. Section 346: Alteration in the object of trust Section 346, Sub-section (1): Notwithstanding anything contained elsewhere in this Chapter, if the trust founder considers appropriate to make any amendment or alteration in the object set forth in the memorandum of incorporation at the time of the creation of trust, he or she may make an application, accompanied by the reason for such amendment or alteration, to the registrar. National Civil Code 2074
National Civil Code 2074

Section 346, Sub-section (2): If, on an inquiry into an application made pursuant to sub-section (1), the reason for the amendment or alteration in the object set forth in the memorandum of incorporation seems to be reasonable, the registrar may issue an order to amend or alter such object, and, if an order is so made, the object set forth in the memorandum of incorporation shall be deemed to have been amended or altered accordingly. Section 347: Trust property not to be counted Section 347: Any trust property operated and managed by the trustee shall not be counted as the property of the trustee for the purpose of assessment of tax or for any other purpose. Provided that in the case of a person who derives any benefit, facility or interest from such property, such benefit, facility or interest shall be counted. Section 348: Consequence of voidance of trust Section 348, Sub-section (1): If a trust once established is dissolved or voided for any reason, such dissolution or voidance shall not affect any act already done. Section 348, Sub-section (2): In the event of dissolution or voidance of a trust for any reason pursuant to sub-section (1), in the case of a public trust, except as otherwise provided for in the memorandum of its incorporation, the trustee may, by order of the registrar, hand over the trust property to any other trust with the identical object or to any public body with similar objects if such other trust is not available, and in the case of a private trust, the trustee shall hand over the trust property to the beneficiary, if identified, or to the nearest successor to the beneficiary if the beneficiary is not available or to the trust founder if even such successor is not available or to other successor if even the trust founder is not available. Section 348, Sub-section (3): If any body or person referred to in sub-section (2) is not available, the property of the dissolved or voided trust shall devolve on the Government of Nepal. Section 349: Appeal may be made Section 349: A party who is not satisfied with any order or decision made by the registrar pursuant to this Chapter may make an appeal to the concerned District Court within thirty-five days after the date of knowledge of such order or decision. Section 350: Not to affect other trust Section 350, Sub-section (1): Nothing contained in this Chapter shall affect any trust in operation upon being incorporated in accordance with law in force for the time being prior to the commencement of this Act, and such a trust may be operated in accordance with the Donative inscription (Danpatra), Shilapatra, memorandum of incorporation or other deed establishing such a trust or with the ritual, custom or practice. National Civil Code 2074
National Civil Code 2074

Provided that such a trust shall be registered under this Act or information of its operation shall be given to the registrar within three years of the commencement of this Act, and records thereof shall be maintained. Section 350, Sub-section (2): The trust referred to in sub-section (1) shall be managed and operated as previously for the object and purpose for which it was established, and the property or income that remains upon the accomplishment of that object and purpose may be possessed, used, pledged or mortgaged. Section 350, Sub-section (3): The property of a trust established pursuant to sub- section (1) may be purchased or sold in a manner without prejudice the object and purpose of the trust. Section 350, Sub-section (4): The purchaser under sub-section (3) shall use the property for the object and purpose for which the trust was established. Section 350, Sub-section (5): If a trust under sub-section (1) has been established or operated for any specific purpose by obtaining a government land, such a land shall be used for the accomplishment of the object and purpose for which the trust was established, and such a land shall not be used by the trustor or his or her offspring or successor. Section 350, Sub-section (6): If the person referred to in sub-section (5) does not accomplish the object and purpose of such a trust, the person who accomplishes such object and purpose shall be entitled to possess and use such a land. Section 350, Sub-section (7): Notwithstanding anything contained elsewhere in this Section, if any person has continuously operated a trust referred to in sub-section (1) since last sixteen years or more than sixteen years ago without any deed to that effect, that person may possess and use such property upon the accomplishment of the object and purpose of such a trust. Section 350, Sub-section (8): Matters other than those set forth in this Section shall be as set forth in the memorandum of incorporation of a trust, Sheelapatra, Donative Inscription or as per the custom and practice in relation to the operation of such a trust. Section 351: Statute of limitation Section 351, Sub-section (1): There shall be no statute of limitation in relation to the following matters if a person who is aggrieved from any act done or action taken pursuant to this Chapter is to make a lawsuit: Section 351, Sub-section (1), Clause (a): Embezzlement of the trust property, Section 351, Sub-section (1), Clause (b): Fraud or forgery of any document relating to the trust property, Section 351, Sub-section (1), Clause (c): Embezzlement or misappropriation of the trust property, Section 351, Sub-section (1), Clause (d): Derivation of benefit by the trustee contrary to the terms of the memorandum of incorporation of the trust, Section 351, Sub-section (1), Clause (e): Restitution of the trust property or its value or income from the trustee or other person. National Civil Code 2074
National Civil Code 2074

Section 351, Sub-section (2): A lawsuit may be made within six months after the date of the accrual of cause of action in relation to any matter other than that set forth in sub-section (1). Section 352: Usufruct deemed to be constituted Section 352, Sub-section (1): When a person gives free a property in which he or she has title and ownership and fruits, benefit, income or facility to be yielded from that property to another person entitling that other person to enjoy such property and fruits, benefit, income or facility thereof, usufruct shall be deemed to be constituted. Section 352, Sub-section (2): The provisions of usufruct shall be as set forth in a contract entered into between the concerned persons. Section 353: Usufruct to be effective Section 353: The provision of usufruct constituted by a contract shall become effective on the date of the commencement of the contract unless otherwise set forth in the contract. Section 354: Deed to be executed Section 354, Sub-section (1): In giving an immovable property in usufruct, its owner shall execute a deed to that effect in accordance with law. Section 354, Sub-section (2): In giving a property in common in usufruct, consent of the coparceners living in a joint family shall be obtained. Section 355: Entitlement of usufructuary to enjoy property as if it belonged Section 355: to him or her: (1) If a person gives another person his or her property in usufruct, the usufructuary of such property shall be entitled to enjoy the property, fruits, benefit, income or facility to be yielded or earned from the property and fruits, benefit, income or facility accrued from the property as if it were his or her own property. Section 355, Sub-section (2): If there are more than one usufructuary obtaining a property pursuant to sub-section (1), every usufructuary shall be entitled to enjoy that property jointly or severally. Section 355, Sub-section (3): If a property obtained under the provision of usufruct is partitioned, every coparcener who is entitled to enjoy the property in usufruct shall be entitled to enjoy the property pursuant to sub- section (1). Section 355, Sub-section (4): A usufructuary may make a lawsuit in the court, as required, for the protection or enjoyment of the property obtained under the provision of usufruct. Section 356: Property which usufructuary cannot enjoy Section 356: Notwithstanding anything contained in Section 355, a usufructuary shall not be entitled to enjoy the following properties relating to the property obtained under the provision of usufruct: Section 356, Clause (a): Mines and minerals related with the property, Provided that where the mines are the subject of usufruct, the mines may be enjoyed. Section 356, Clause (b): Grown trees. Provided that fruits, flowers or other products obtained from the trees may be enjoyed. National Civil Code 2074
National Civil Code 2074

Section 357: Prohibition of alteration in structure of property without Section 357: consent: A usufructuary shall not be entitled to significantly alter the substance or form of the property obtained under the provision of usufruct or to destroy such property, except with the owner's prior permission. Provided that if the enjoyment of the property given under the provision of usufruct is not possible without an alteration in the form of or destruction of the property, except as otherwise provided for in the contract, the property may be enjoyed by altering its form or destroying it, on payment of the price that may be set at the time of returning such property. Section 358: Power to rent, lease or mortgage property under provision of Section 358: usufruct: (1) The usufructuary may, if he or she so desires, rent, lease or mortgage the property obtained under the provision of usufruct, by executing a deed, subject to the contract referred to in sub-section (2) of Section 352. Provided that: Section 358, Sub-section (1): It is not required to execute a deed for renting a property for a monthly rent not exceeding twenty thousand rupees. Section 358, Sub-section (2): If a property is so rented, leased or mortgaged, the usufructuary shall give information thereof to the owner. Section 358, Sub-section (3): The property obtained under the provision of usufruct may not be rented, leased or mortgaged for a period that exceeds the validity period of usufruct. Section 358, Sub-section (2): The usufructury shall, in renting, leasing or mortgaging the property obtained under the provision of usufruct, mention in the relevant deed that the property is under the provision of usufruct. Section 358, Sub-section (3): If a rent, lease or mortgage of the property obtained under the provision of usufruct is executed in contravention of sub- sections (1) and (2), such a transaction shall ipso facto be void. Section 358, Sub-section (4): A person who obtains a property on rent, lease or mortgage pursuant to sub-section (1) shall be entitled to enjoy the property as if the person were the usufructuary. Section 359: Duty to maintain (marmat samhar) and care (herbichar) Section 359: property under the provision of usufruct: (1) The usufructuary shall maintain (marmat samhar) and take care of (herbichar) the property which he or she has obtained under the provision of usufruct properly and reasonably as if it were his or her own property. Section 359, Sub-section (2): If a person obtains a property under the provision of usufruct by way of rent, lease or mortgage, the person shall take care of such property properly and reasonably. Section 359, Sub-section (3): The usufructuary shall maintain the property obtained under the provision of usufruct at his or her cost. Provided that if it is necessary to maintain such property by spending a substantial amount in consequence of a disaster, the usufructuary shall obtain the owner's prior permission, and the owner shall bear such maintenance expenses. National Civil Code 2074
National Civil Code 2074

Section 360: Prohibition of causing damage to property obtained under the Section 360: provision of usufruct: (1) The usufructuary shall not damage, or cause to be damaged, the property obtained under the provision of usufruct. Section 360, Sub-section (2): If such a property is damaged in any manner in the course of its enjoyment by the usufructuary or by the person who has obtained it on rent, lease or mortgage pursuant to Section 358, the usufructuary shall be liable for it. Provided that the usufructuary shall not be liable for any damage or loss caused to such property by a disaster. Section 360, Sub-section (3): The usufructuary may make insurance or take other necessary preventive measures for the protection of the property obtained under the provision of usufruct against possible loss or damage in the course of its enjoyment pursuant to sub-section (2). Section 361: Usufructuary to bear tax or fee Section 361: The usufructuary shall pay such tax or fee as may be leviable by law in relation to the property obtained under the provision of the usufruct. Provided that the owner shall bear the wealth tax payable for the property obtained under the provision of the usufruct. Section 362: Information of claim or interference by any one to be given to Section 362: owner: (1) If any one makes encroachment, claim or interference on or with the property under the provision of usufruct, the usufructuary shall give information thereof to the owner within fifteen days of such encroachment, claim or interference. Section 362, Sub-section (2): The usufructuary who does not give information pursuant to sub-section (1) shall be liable to any consequence resulting therefrom. Section 363: Validity period of the provision of usufruct Section 363, Sub-section (1): The provision of usufruct shall remain valid for the period set forth in the contract. Section 363, Sub-section (2): Notwithstanding anything contained in sub-section (1), the provision of usufruct shall not remain valid beyond the following period, except as otherwise provided for in the contract: Section 363, Sub-section (2), Clause (a): If the usufructuary is a natural person, the death of the usufructuary or the expiration of a period of forty-nine years since the execution of the provision of usufruct, whichever occurs earlier, Section 363, Sub-section (2), Clause (b): If the usufructuary is a legal person, the dissolution of the usufructuary or the expiration of a period of twenty-nine years since the execution of the provision of usufruct, whichever occurs earlier. Explanation: For the purposes of this Section, the term "dissolution" includes the termination, liquidation, revocation of registration or insolvency of a legal person. Section 363, Sub-section (3): If there are more than one usufructuary, the property in usufruct shall devolve on the owner in proportion to the death or dissolution of any usufructuary, except as otherwise provided in the contract. National Civil Code 2074
National Civil Code 2074

Section 364: Usufruct may be canceled Section 364, Sub-section (1): Notwithstanding anything contained in Section 363, if the usufructuary damages or misuses the property obtained under the provision of usufruct or does not enjoy it for the purpose for which it has been given in usufruct or otherwise does any act that prejudices the right of the owner in such property, the concerned owner may cancel the provision of usufruct at any time. Section 364, Sub-section (2): In the event of cancellation of the provision of usufruct pursuant to sub-section (1), the usufructuary shall return the property obtained under the provision of usufruct. Section 365: Power to return property by usufructuary Section 365: Notwithstanding anything contained in Sections 363 and 364, if the usufructuary does not wish to enjoy the property obtained under the provision of usufruct, the usufructuary may return such a property to the owner at any time, by giving a notice of at least forty-five days. Section 366: Usufruct deemed to be extinguished Section 366, Sub-section (1): The provision of usufruct shall be deemed to be extinguished in any of the following circumstances: Section 366, Sub-section (1), Clause (a): In the event of expiration of the validity period of usufruct pursuant to Section 363, Explanation: For the purposes of this Chapter, the term "expiration of the validity period" means: Section 366, Sub-section (1): If more than one natural person are usufructuary, the usufruct shall be deemed to be terminated on the date on which the last survivor usufructuary dies. Section 366, Sub-section (2): If more than one legal person are usufructuary, the usufruct shall be deemed to be terminated on the date on which the last usufructuary legal person is dissolved. Section 366, Sub-section (2), Clause (b): In the event of return of the property on the cancellation of usufruct pursuant to Section 364, Section 366, Sub-section (2), Clause (c): In the event of return of the property in usufruct by the usufructuary pursuant to Section 365, Section 366, Sub-section (2), Clause (d): In the event, except for a reasonable reason, of the failure of the usufructuary to enjoy the property in usufruct until six months after the date on which the provision of usufruct became effective, Section 366, Sub-section (2), Clause (e): In the event of the accomplishment of the special purpose for the accomplishment of which the provision of usufruct has been made, Section 366, Sub-section (2), Clause (f): In the event that the property obtained under the provision of usufruct is transferred to the usufructuary in accordance with law, Section 366, Sub-section (2), Clause (g): In the event of total loss of the property obtained under the provision of usufruct. Section 366, Sub-section (2): In the event of the extinguishment of the provision of usufruct pursuant to sub-section (1), the property given to any person in usufruct shall ipso facto devolve on the owner except in the circumstance set forth in clause (f) or (g). National Civil Code 2074