yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (3)
(1) No person shall build any If any person has already constructed any structure in any government, public or community land in contravention of subsection (1), the concerned Chief District Officer shall give a timelimit of fifteen days to the main person having constructed the structure to demolish such structure.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (4)
(1) No person shall build any 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).
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (5)
(1) No person shall build any 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. 168
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (6)
(1) No person shall build any 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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (7)
(1) No person shall build any 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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 308: Power to transfer government property: 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 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 309: Conversion of community property into public property:
(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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 309: Conversion of community property into public property:
Subsection (2)
(1) If 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. 169
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 310: To reward complainant:
(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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 310: To reward complainant:
Subsection (2)
(1) Any person whosoever may make a If, on inquiring into a complaint made pursuant to subsection (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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 310: To reward complainant:
Subsection (3)
(1) Any person whosoever may make a The concerned body may keep confidential a complaint made pursuant to sub-section (1).
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 311: Action to be taken:
(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.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 311: Action to be taken:
Subsection (2)
(1) If any employee, either knowingly or 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
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 311: Action to be taken:
Subsection (1)
(1) If any employee, either knowingly or .
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 312: Governmental attorney empowered to file or make case,
petition or appeal:  (1) The concerned government attorney shall have power to file or make a case, petition or appeal against any 170 decision made by any body or authority, adversely affecting any government or public property.
National Civil Code 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 312: Governmental attorney empowered to file or make case,
Subsection (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 2017
Part-4
Chapter-5: Provisions Relating to Government, Public and Community
Section 313: Statute of limitation: 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. 171
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 314: Trust deemed to be established: 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 315: Trust may be public or private:
(1) A trust may be either public or private.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 315: Trust may be public or private:
Subsection (2)
(1) A trust may be either public A trust established for the accomplishment of the following object shall be deemed to be a public trust: (a) To establish, operate and use a fund for infrastructures of economic development or other development works, (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, (c) To operate social welfare programs, (d) To establish and operate such educational and academic institutes like schools, colleges and 172 universities as may be useful for the general public, (e) To establish and operate clinics such as hospitals and health posts for public purposes, (f) To protect natural, historical or cultural heritages or to promote such act, (g) To operate programs for the protection of wildlife, aquatic animals or environment, (h) To operate programs for the protection of interest, welfare or upliftment of various classes, groups or communities, (i) To operate programs relating to sports, (j) To carry out service-oriented welfare programs, (k) To operate rescue works, (l) To establish shrines, temples, monasteries, domes, mosques, churches or carry out similar other religious activities, (m) To operate other public programs for the interest of public.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 315: Trust may be public or private:
Subsection (3)
(1) A trust may be either public 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 315: Trust may be public or private:
Subsection (4)
(1) A trust may be either public If a trust is established to accomplish both public and private objectives, such a trust shall be deemed to be a public trust. 173
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
(1) A person who intends to establish a trust shall make an application, setting out the following matters, to the Registrar: (a) Value and details of the property held for the trust, (b) Beneficiary, and benefit and facility to the beneficiary, the terms and limitation thereof, (c) If the trust is to be established for any particular period, matter relating thereto, (d) Other necessary details.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (2)
(1) A person In making an application pursuant to sub-section (1), the following documents shall also be submitted with the application: (a) Memorandum of incorporation of the trust, (b) Trustee's name and photocopy of the deed relating to his or her consent, (c) Photocopy of the deed, if any, executed for the establishment of the trust, (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, (e) Receipt of payment of the fees chargeable by law for the registration of trust. 174 Explanation: For the purposes of this Chapter:
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (1)
(1) A person "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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (2)
(1) A person "Trustee" means the person who is responsible for the operation and management of a trust property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (3)
(1) A person 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (4)
(1) A person 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. 175
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 316: Application to be made for establishment of trust:
Subsection (5)
(1) A person At least one-thirds of the trustees of a trust established pursuant to sub-section (4) shall be Nepali citizens having permanent residence in Nepal.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 317: Details to be set out in memorandum of incorporation: The
following matters shall be set out in the memorandum of incorporation of a trust: (a) Names, surnames and addresses of the founders of the trust, and, if a body corporate is the founder, names, surnames and addresses of the directors of such body, (b) Objects and nature of the trust, (c) Names, surnames and addresses of the trustees, details of the business to be performed by them, and, if a body corporate is a trustee, name, surname and address of the person designated by the body to act as the trustee, (d) Details of the beneficiaries, (e) Method of use of the trust property, (f) Details of the tenure of the trustee, if any, so specified, (g) If the beneficiaries are entitled to remuneration or other facilities, details thereof and limitation, (h) If the trust is intended to be established for a certain period, details of such period, (i) In the event of termination of the trust, consequences thereof, (j) Provisions relating to the operation, management and monitoring of the trust property, 176 (k) Other necessary matters.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 318: Trust to be registered:
(1) If an application is made for the establishment of a trust pursuant to Section 316, the Registrar shall make necessary inquiry into the objects of the trust and the details of the property proposed for the establishment of the trust, and, if it appears reasonable to register the trust, register the trust and issue the trust registration certificate, within a period of thirty-five days of the making of such application.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 318: Trust to be registered:
Subsection (2)
(1) If an application is made for the If a trust is registered pursuant to sub-section (1), the trust is deemed to have been established.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 318: Trust to be registered:
Subsection (3)
(1) If an application is made for the Notwithstanding anything contained elsewhere in this Section, a private trust may be operated even without registration. Provided that if a person so operates a private trust, the person shall give information thereof to the concerned Registrar.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 319: Power to refuse registration of trust:
(1) Notwithstanding anything contained in Section 318, the Registrar may refuse to register a trust in any of the following circumstances: (a) If the details, documents or fees referred to in Section 316 are not mentioned or paid, (b) If the name of the trust resembles with the name of any other trust already registered prior to the registration of the trust applied for, (c) If the objects or terms of the trust appear to be inappropriate or undesirable for reasons of public interest, decency, courtesy or public order, are not 177 lawful or are not capable of being implemented owing to their uncertainty or vagueness.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 319: Power to refuse registration of trust:
Subsection (2)
(1) Notwithstanding If a trust is not capable of being registered pursuant to sub-section (1), the Registrar shall give information thereof, along with the reason for refusal, to the applicant within thirty-five days.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 319: Power to refuse registration of trust:
Subsection (3)
(1) Notwithstanding If, upon receipt of information pursuant to sub-section
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 319: Power to refuse registration of trust:
Subsection (2)
(1) Notwithstanding , the applicant makes necessary corrections and an application again for the registration of the trust, the Registrar shall register the trust and issue the registration certificate pursuant to sub-section (1) of Section 318, within fifteen days of the making of such an application.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 320: Transfer of property for incorporation of trust:
(1) The trust founder shall transfer the property settled for the trust to the trustee within a period of three months of the establishment of the trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 320: Transfer of property for incorporation of trust:
Subsection (2)
(1) The trust If the property to be transferred pursuant to sub-section
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 320: Transfer of property for incorporation of trust:
Subsection (1)
(1) The trust is an immovable property, such a property shall be deemed to have been duly transferred only when it is transferred in accordance with law.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 320: Transfer of property for incorporation of trust:
Subsection (3)
(1) The trust A foreign person that establishes a trust in Nepal shall remit into Nepal a movable property equivalent to at least one million United States Dollars through regular banking channel and hand over the same to the trustee within a period of three months.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 320: Transfer of property for incorporation of trust:
Subsection (4)
(1) The trust The information of the hand-over of the movable property pursuant to sub-section (3) shall be given to the Registrar.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 321: Dissolution of trust on failure of transfer of property: In the
event of failure to transfer the property within the time-limit 178 referred to in Section 320, the registration of such a trust shall be deemed to be void ipso facto and the trust shall be deemed to have been dissolved.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 322: Operation and management of trust property according to
memorandum of incorporation: (1) The trustee shall, subject to the terms and restrictions set forth in the memorandum of incorporation, operate and manage the trust property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 322: Operation and management of trust property according to
Subsection (2)
Except as otherwise provided for in the memorandum of incorporation, the trustee shall, in operating and managing the property pursuant to sub-section (1), not sell, mortgage, or otherwise transfer title to, the immovable property or any part thereof without prior permission of the concerned Registrar.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 322: Operation and management of trust property according to
Subsection (3)
In asking for prior permission of the Registrar pursuant to sub-section (2), the reason for the sale, mortgage of, or transfer of title to, such property, and the reasons and grounds that it may result in more benefit to the beneficiary shall be set out.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
(1) The trustee shall operate and manage the trust property properly, by exercising his or her capacity and diligence honestly.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (2)
(1) The In the operation and management of the trust property pursuant to sub-section (1), the trustee shall make arrangement to avoid any loss and damage to, and maintain sustainability of, such property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (3)
(1) The Except as otherwise provided for in the memorandum of incorporation, in the operation and management of the trust property pursuant to sub-sections (1) and (2), income earned from 179 the trust property which is not required immediately to accomplish the objects of trust may be invested for the accomplishment of the objects of trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (4)
(1) The Except as otherwise provided for in the memorandum of incorporation, in making investment pursuant to sub-section (3), it may be invested as follows, in the following proportion of the total sum: (a) At lest twenty-five percent in the purchase of bonds or treasury bills issued by the Government of Nepal or Nepal Rastra Bank or bonds guaranteed by the Government of Nepal, (b) Deposit of a maximum of twenty-five percent in a fixed account with a commercial bank, (c) Deposit of a maximum of ten percent in a fixed account with a development bank, (d) A maximum of five percent in the subscription of ordinary shares of a commercial bank, (e) Deposit of a maximum of ten percent in a fixed account with a finance company, (f) A maximum of five percent in the subscription of such ordinary shares of an enlisted public limited company as are dealt publicly.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (5)
(1) The The trustee shall, from time to time, carry out monitoring as to the investment made pursuant to sub-section (4), and if it appears from such monitoring that the returns of investment made in one sector be lesser, such investment shall be 180 withdrawn immediately and made in another sector yielding more returns, subject to the terms and restrictions of the investment.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (6)
(1) The In making monitoring or investment pursuant to subsection (5), opinion of an expert in the concerned sector may, as required, be obtained.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (7)
(1) The An opinion obtained pursuant to sub-section (6) may be taken as the basis for monitoring or investment.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 323: Duty to operate and manage trust property properly:
Subsection (8)
(1) The The trustee shall maintain his or her personal property and the trust property separately and operate and mange the trust property accordingly, and in the event of a need to operate an account, separate accounts shall be maintained.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 324: Trustee to be appointed:
(1) A trustee shall be appointed for the operation, management, protection and care of (herbichar)the trust property and for using fruits of such property to the benefit of the beneficiary or making proper arrangements thereof.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 324: Trustee to be appointed:
Subsection (2)
(1) A trustee shall be appointed for the Except as otherwise provided for in the memorandum of incorporation, the founder of the trust shall appoint the trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 324: Trustee to be appointed:
Subsection (3)
(1) A trustee shall be appointed for the In the event of the failure to appoint or inability to appoint the trustee pursuant to sub-section (1) or (2), the founder of trust shall be deemed to be the trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 325: Disqualification of trustee: The following person shall not be
qualified to be a trustee: (a) A person who is not competent to make contract, (b) A person who has embezzled a property in his or her custody, 181 (c) A person who has been convicted by a court of the offense of corruption, (d) A person who has been sentenced for a criminal offense involving moral turpitude, (e) A person who is the sole beneficiary of the trust property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 326: Number of Trustees: Except as otherwise provided for in the
memorandum of incorporation, the number of trustees shall, subject to the other provisions of this Chapter, be one in minimum and seven in maximum.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 327: Body corporate being eligible to be trustee:
(1) A body corporate which is established in accordance with law may be appointed as a trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 327: Body corporate being eligible to be trustee:
Subsection (2)
(1) A body corporate If the body corporate referred to in sub-section (1) is appointed as a trustee, the person working as the chief of such a body or a person to whom the power is delegated by a decision of the board of directors of such a body shall act on behalf of such a body. Explanation: For the purposes of this Section, the term "person working as the chief" means the chairperson, director, managing director, general manager, executive director of such body or a person empowered by such a body to work as its chief.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
(1) The office of the trustee shall be fallen vacant in any of the following circumstances: (a) If the person is not qualified to be a trustee, 182 (b) If the person resigns from the office of a trustee, (c) If the person dies or becomes insolvent, (d) If, in the case of a body corporate, it is dissolved, liquidated or becomes insolvent in accordance with law, (e) If a trust is established for a certain period and such a period is completed, (f) If the trustee is appointed for a certain tenure and such a tenure is completed, (g) If the trustee is removed by the trust founder or court on the ground that he or she has embezzled the trust property or has not taken a reasonable care of (herchaha) such property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
Subsection (2)
(1) The office If the office of a trustee is fallen vacant pursuant to sub-section (1), such an office shall be filled in accordance with the procedures set forth in the memorandum of incorporation.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
Subsection (3)
(1) The office If the office of trustee cannot be fulfilled pursuant to sub-section (2), the beneficiary, if available, and the concerned Local Level, if there is no beneficiary or the beneficiary cannot be identified, shall make an application, accompanied by a list of possible candidates, to the concerned District Court for the appointment of a trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
Subsection (4)
(1) The office If an application is made for the appointment of trustee pursuant to sub-section (3), the District Court shall appoint to the office of trustee an appropriate person from the list of candidates 183 provided by the applicant, in consonance with the spirit of the memorandum of incorporation.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
Subsection (5)
(1) The office If any trustee is relieved of his or her office by virtue of the circumstance referred to in sub-section (1), he or she shall, as promptly as possible, hand over the trust property in his or her custody, control or use to other trustees, and he or she shall not get immunity from any kind of liability or legal action for any act done or action taken by him or her while in office of a trustee by the reason only that he or she has been so relieved of office. Provided that if all trustees are relieved of office, such property shall be transferred after the appointment of another trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 328: Provisions relating to vacancy in office of trustee:
Subsection (6)
(1) The office If the office of a trustee of a public trust with only one trustee falls vacant or is fulfilled pursuant to this Section, information thereof shall be given to the registrar.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 329: To specify roll of succession of trustee:
(1) Except as otherwise provided for in as to the roll of succession of trustees in the memorandum of incorporation, after the death of a trustee, his or her eldest son, daughter-in-law or daughter shall succeed the office of a trustee according to the roll of succession, and if there is no one out of them, his or her heir shall succeed the office of trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 329: To specify roll of succession of trustee:
Subsection (2)
(1) Except as otherwise If a person who becomes the trustee pursuant to subsection (1) is not qualified to be the trustee, his or her guardian or the person taking care of (herchaha) him or her shall perform the obligation of the trustee on his or her behalf until such a person becomes qualified. 184
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 329: To specify roll of succession of trustee:
Subsection (3)
(1) Except as otherwise Except as otherwise provided for in the memorandum of incorporation, if there is a provision that one's descendents are entitled to be the trustee, the descendents of such a person shall succeed the office of trustee according to the limit of their respective rights, and the provisions contained in Section 326 shall not apply to such case.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 330: Requirement to perform obligation of trustee in special
circumstance: If there exists a situation that the office of trustee falls vacant in entirety and the office of trustee cannot be filled immediately pursuant to sub-section (2) of Section 328, the Local Level shall function as the trustee until the office is filled.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 331: Requirement to operate trust by consensus:
(1) Except as otherwise provided for in the memorandum of incorporation, the trust with more than one trustee shall be operated by consensus decision of all the trustees as far as possible.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 331: Requirement to operate trust by consensus:
Subsection (2)
(1) Except as In the event of failure to reach consensus pursuant to sub-section (1), the trust may be operated by a majority decision of the then existing trustees, and if that is not possible, by the decision of the eldest trustee.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 332: To carry out object of trust: The trustee shall carry out the object
of trust as set forth in the memorandum of incorporation, and in so carrying out the object, the trustee shall discharge functions honestly and according to his or her capacity and diligence.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 333: To maintain records of trust property:
(1) The trustee shall prepare an inventory of the trust property and update the records 185 thereof, and, in the case of a public trust, a copy of such records shall be submitted to the registrar each year.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 333: To maintain records of trust property:
Subsection (2)
(1) The trustee shall The inventory referred to in sub-section (1) shall also reflect the total assets, loans, or if such property has been invested in any business, principal, interest or other returns of such investment.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 334: Protection of trust property:
(1) The trustee shall protect and maintain the trust property, and may also make any kind of such legal action or complete any kind of such formality with any public authority as may be required for this purpose.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 334: Protection of trust property:
Subsection (2)
(1) The trustee shall protect and In protecting or maintaining the trust property, the trustee shall take proper and reasonable care of (herbichar), and do act conducive to the enhancement of, the trustee property as if the property were his or her own.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 335: Prohibition of possession of trust property to prejudice benefit
of beneficiary: No trustee shall so possess or use the trust property for himself or herself or other person as may be prejudicial to the benefit of the beneficiary.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 336: Duty to prevent loss to trust property:
(1) It shall be the duty of the trustee to prevent destruction, termination of, or otherwise loss to, the trust in a manner prejudicial to the benefit of the beneficiary or contrary to the object of the trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 336: Duty to prevent loss to trust property:
Subsection (2)
(1) It shall be the duty of If the trust property is not managed properly or is made subject to cheating or fraud or is embezzled or used for other purposes, any trustee or beneficiary may, subject to the provisions 186 set forth in the memorandum of incorporation, file a complaint in the court for the prevention of such embezzlement. Provided that any one whosoever may file a complaint in the case of a public trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 336: Duty to prevent loss to trust property:
Subsection (3)
(1) It shall be the duty of If, upon a complaint filed pursuant to sub-section (2), it is held that the trust property has not been managed properly or has been made subject to cheating or fraud or embezzled or used for other purposes, the court shall recover the claimed amount from the embezzler and may also order compensation to be paid by a trustee if the trustee has committed such embezzlement.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 337: To maintain accounts of trust:
(1) The trustee shall maintain accounts in a manner to reflect clearly and actually the accounts of the trust property, and provide statements thereof available to the registrar, and trust founder or beneficiary, identified, if any, intends to inspect the same.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 337: To maintain accounts of trust:
Subsection (2)
(1) The trustee shall maintain In the case of a public trust, the trustee shall have its accounts audited by a recognized auditor each year and submit a copy of the audit report to the registrar.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
(1) If a trustee fails to fulfill the duties required to be fulfilled pursuant to this Chapter, the trustee shall be deemed to have committed a breach of trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (2)
(1) If a trustee fails to fulfill the duties required to In the event of a breach of trust pursuant to sub-section
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (1)
(1) If a trustee fails to fulfill the duties required to , the trustee so breaching trust shall be responsible for the loss and damage caused to the beneficiary and bear liability for the same.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (3)
(1) If a trustee fails to fulfill the duties required to In bearing the liability pursuant to sub-section (2), the trustee breaching trust shall bear such profits as may be equal to the 187 income or profits which the trust or beneficiary would have made or earned if the trust had not been breached.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (4)
(1) If a trustee fails to fulfill the duties required to If a trust has more than one trustee, all trustees who commit a breach of trust shall collectively bear the liability for the loss and damage caused from such breach of trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (5)
(1) If a trustee fails to fulfill the duties required to If, in relation to one portion of any trust, the trust is breached, and, in relation to another portion of the trust, benefit is derived, the trustee shall not use such benefit in the fulfillment of his or her liability.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (6)
(1) If a trustee fails to fulfill the duties required to Notwithstanding anything contained elsewhere in this Section, the trustee shall not bear the liability for the loss and damage caused from the breach of trust, in the following circumstance: (a) If the loss and damage is caused by operation of law, (b) If the loss and damage is a result of the breach of trust by any act done by the previous trustee or the consequence thereof.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (7)
(1) If a trustee fails to fulfill the duties required to Notwithstanding anything contained elsewhere in this Section, any one who does any of the following acts in relation to a trust in operation upon being incorporated in accordance with law in force for the time being prior to the commencement of this Act shall be deemed to have committed a breach of trust: (a) Failing to do acts set forth in the Donative inscription, Shilapatra of the trust or deed establishing such trust, (b) Selling, disposing of, gifting, donating or pledging or mortgaging the trust property by the trust founder or 188 his or her offspring or heir, except for the residual property that can be possessed and used after making operation as set forth in the deeds including the Donative inscription, Shilapatra of the trust, (c) Embezzling the movable trust property by the trustee, except for reasonable wear and tear while using it for the trust purpose.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (7)
(1) If a trustee fails to fulfill the duties required to One who commits a breach of trust under sub-section
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 338: Breach of trust:
Subsection (7)
(1) If a trustee fails to fulfill the duties required to shall be liable to action in accordance with the law in force at the time of the commencement of this Act.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 339: Deed of trust property to remain with trustee:
(1) Except as otherwise provided for in the memorandum of incorporation, the deeds, documents of the ownership and possession of the trust property and other proofs and evidences pertaining thereto shall all be in the custody of the trustee, and in the case of a public trust, the trustee shall submit copies of such deeds and documents to the registrar. 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 339: Deed of trust property to remain with trustee:
Subsection (2)
(1) Except as The trustee and the registrar shall safely retain the deeds, documents and evidences referred to in sub-section (1).
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 340: Entitlement
to reimbursement from trust property: 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 189 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 341: Other powers, duties and liabilities deemed to be vested with
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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 342: Acts not to be done by trustee:
(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: (a) To use the trust property in any manner other than in the accomplishment of the object of trust, (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, (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 190 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. (d) To carry out any act relating to the trust solely contrary to Section 329, if there are more than one trustee, (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. (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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 342: Acts not to be done by trustee:
Subsection (2)
(1) Except as otherwise provided 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 342: Acts not to be done by trustee:
Subsection (3)
(1) Except as otherwise provided The trustee shall not merge his or her property with the trust property.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 343: To give direction to transfer trust property: Except as otherwise
provided for in the memorandum of incorporation, in the case of 191 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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 344: Power to relinquish benefit of trust property:
(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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 344: Power to relinquish benefit of trust property:
Subsection (2)
(1) In the case of a If every beneficiary wholly relinquishes the right, benefit, facility or interest from the trust property pursuant to subsection (1), such a trust shall be deemed to have been dissolved.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 345: Duty to maintain ownership of trust property:
(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.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 345: Duty to maintain ownership of trust property:
Subsection (2)
(1) The trust 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. 192
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 346: Alteration in the object of trust:
(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.