yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 602: Contract for carriage of goods deemed to be made:
Subsection (2)
(1) If a Except as otherwise provided for in the contract, a receipt or bill to be issued by the carrier to the owner of goods at the time of handing over the goods for carriage shall be recognized as an evidence of the contract concluded between the carrier and the owner of the goods. Explanation: For the purposes of this Chapter, the term “carrier” means a person operating a transport service other than air or marine transport, or a person engaged in the business of such transport, and also includes a person operating the business of carriage through internal navigation transport, rope-way or animal or any other means. Provided that if any person employed by the owner of goods on wage basis or his or her agent or a person working under his or her supervision carries goods, such a person shall not be deemed to be a carrier for the purposes of this Chapter.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 603: Carrier’s obligations:
(1) It shall be the obligation of the carrier to carry the goods received from the owner of the goods for carriage to the specified destination in proper condition.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 603: Carrier’s obligations:
Subsection (2)
(1) It shall be the obligation of the carrier to If the goods received from the owner of the goods for carriage are lost, destroyed, broken, defaced or damaged or the 345 goods do not reach to the specified destination in proper condition in any other manner, the carrier shall be liable for that.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 603: Carrier’s obligations:
Subsection (3)
(1) It shall be the obligation of the carrier to The carrier shall carry the goods within the time specified in the contract, and within a reasonable time, if no period for transporting the goods is specified in the contract, and deliver the goods to the owner of the goods or his or her agent or a person designated by him or her.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 604: Carrier to be liable:
(1) If more than one carrier or mode of transport is involved in the carriage of any goods, except as otherwise provided for in the contract, the carrier to whom the owner of the goods has been handed over the goods shall be liable.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 604: Carrier to be liable:
Subsection (2)
(1) If more than one carrier or mode of If any goods are stolen, lost, damaged or destroyed prior to the carriage and delivery of such goods by the carrier to the concerned person, the carrier shall be liable for that. Provided that if the goods are stolen, lost, damaged or destroyed due to a disaster or accident, the carrier shall not be liable for that.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 605: Right to sell goods without consent of owner:
(1) If the carrier fails to carry any goods to the destination within the specified time due to a disaster or accident in the course of carriage of the goods and such goods are perishable or their price or quality is susceptible to decrease significantly, the carrier may sell such goods even without the consent of the owner.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 605: Right to sell goods without consent of owner:
Subsection (2)
(1) If the carrier The carrier shall pay the amount so obtained from the sale made pursuant to sub-section (1) to the owner. 346
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 606: Carrier’s liability to be limited:
(1) Except where the owner of goods or his or her agent has clearly declared at the time of conclusion of the contract that the value of the goods to be carried is more or except as otherwise provided for in the contract, the compensation for any loss or damage to the goods carried by the carrier shall not exceed one hundred thousand rupees.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 606: Carrier’s liability to be limited:
Subsection (2)
(1) Except where the owner of Notwithstanding anything contained in sub-section (1), the carrier shall not be liable for any loss or damage to any gold, silver, diamond, jewelry or articles made thereof, precious stone, bill of exchange, security, document registered at office, certificate issued by an academic and other institute, coin, bank note, postal stamp, fish, meat, fresh fruits and vegetable, insecticide and toxic material, inflammable material, petroleum product, precious fine art work, idol, curio goods or glass or goods made of glass or highly breakable or fragile goods, wildlife and domestic animal, handicraft product, arms and ammunition, explosive, electronic equipment (radio, television, computer, mobile or similar other good) and their spare parts, machinery and such goods as specified by the law to be declared by the owner before the carriage, except where the owner or his or her agent has made explicit declaration at the time of the conclusion of contract or at the time of handing over of the goods to the carrier for carriage.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 606: Carrier’s liability to be limited:
Subsection (3)
(1) Except where the owner of For the purpose of bearing the risks involved in the carriage of goods under sub-section (2), the carrier may insure the goods through the owner of the goods or his or her agent or insure the goods by himself or herself having charged separate fee to the 347 owner or the carrier may make other necessary provisions for preventing the risks.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 607: To bear compensation: The carrier shall, for such loss, damage or
harm as caused to the goods declared at the time of the conclusion of contract or at the time of handing over the goods to the carrier for carriage under this Chapter or the goods not requiring declaration, in the course of their carriage, be liable to pay to the owner the compensation, if any, specified in the contract, to reimburse for the goods carried with the consent of the owner if no such compensation is specified in the contract or failing such consent, the prevailing price of such goods, and failing the determination of the price, a reasonable price and also a reasonable compensation for the loss and damage caused to the owner of the goods, subject to Chapter-5 of this Part.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 608: Termination of carrier's liability: Except as otherwise provided
for in the contract, the carrier's liability shall be deemed to have been terminated in any of the following circumstances: (a) If the carrier or his or her agent carries and hands over the goods to the owner of the goods or his or her agent or the person designated by him or her, (b) If the goods handed over to the carrier are taken back by the owner of the goods or his or her agent prior to the carriage thereof, (c) If the carrier or his or her agent returns the goods to the owner of the goods or his or her agent specifying the reason that the goods cannot be carried within the 348 specified time because of the circumstance referred to in clause (b) of sub-section (2) of Section 531.
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 609: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within two years after the date of accrual of the cause of action. 349
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 610: A contract of lease deemed to be made:
(1) If a contract is concluded under which a person gives any goods in which he or she has right and possession to another person for use and possession and enjoy the benefits accrued therefrom in consideration for a rent payable regularly for a certain period, a contract of lease shall be deemed to be concluded. Explanation: For the purposes of this Chapter, the term “goods" means any property from which benefit may be acquired through consumption, possession or use without diminishing them.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 610: A contract of lease deemed to be made:
Subsection (2)
(1) If a contract is If a contract of lease is concluded pursuant to subsection (1), except as otherwise provided for in the contract, the lessor shall ensure the lessee of the following matters: (a) To transfer certain goods for use and possession according to the contract, (b) To maintain the goods transferred pursuant to clause (a) in a running condition so that they may be possessed or used at the time of the transfer, (c) To make arrangements so that the goods transferred pursuant to clause (a) or (b) can be possessed or used peacefully and without any hindrance.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 610: A contract of lease deemed to be made:
Subsection (3)
(1) If a contract is Notwithstanding anything contained elsewhere in this Section, any goods destroyable in use or consumable goods may not be leased. 350
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 611: Form of the leased goods not to be changed: The lessee shall not
change the original form of the leased goods without the consent of the owner during the period of the contract of lease. Provided that nothing contained in this Section shall prevent the repairing, maintaining, improving or renovating of the leased goods.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 612: To use the leased goods in good faith:
(1) The lessee shall have the right to possess and use the leased goods in good faith and in a prudential manner as if the goods were owned by himself or herself.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 612: To use the leased goods in good faith:
Subsection (2)
(1) The lessee shall have While possessing and using the leased goods pursuant to sub-section (1), the lessee shall possess and use them in consonance with the object of the contract of lease.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 612: To use the leased goods in good faith:
Subsection (3)
(1) The lessee shall have If the lessee is proved to have possessed and used the leased goods contrary to sub-section (1) or (2), the lessor may terminate such a contract at any time.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 613: To repair and maintain leased goods:
(1) Except as otherwise provided for in the contract of lease, the lessor shall repair and maintain the leased goods.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 613: To repair and maintain leased goods:
Subsection (2)
(1) Except as otherwise Notwithstanding anything contained in sub-section (1), if the possession or use of the leased goods cannot be made without their immediate repair, maintenance or renovation, the lessee himself or herself may repair, maintain or renovate such goods by giving information thereof to the lessor.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 613: To repair and maintain leased goods:
Subsection (3)
(1) Except as otherwise The lessor shall reimburse or adjust in lease rent the expenses incurred in the repair, maintenance or renovation made pursuant to sub-section (2). 351
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 614: Lessor to be informed if goods are not usable:
(1) If the leased goods or any part thereof are lost, damaged or destroyed in any manner, are not capable of being possessed or used for any reason, any person makes a claim or dispute of any kind in relation to such goods or any part thereof or any person creates hindrance or disturbance in any manner while possessing or using the goods, the lessee shall give information thereof to the lessor immediately.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 614: Lessor to be informed if goods are not usable:
Subsection (2)
(1) If the leased Upon receipt of information pursuant to sub-section (1), the lessor shall carry out such repair, maintenance or renovation or obtain such legal remedies as may be necessary to restore the goods into their original condition according to the nature of the goods within fifteen days.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 614: Lessor to be informed if goods are not usable:
Subsection (3)
(1) If the leased In the case of failure to restore the leased goods into their original condition within the period referred to in sub-section
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 614: Lessor to be informed if goods are not usable:
Subsection (2)
(1) If the leased , the lease rent shall be subject to reduction in proportion to the extent to which such goods have been lost, damaged or destroyed or become incapable of being used or possessed or such claim, hindrance or dispute has been made.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 615: Lessee to be liable:
(1) The lessee shall possess or use the leased goods by taking adequate safety measures having regard to the nature of the goods in order to save the leased goods from loss or damage.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 615: Lessee to be liable:
Subsection (2)
(1) The lessee shall possess or use the leased If the leased goods are lost or destroyed for any reason or the price of the goods decreases due to loss or destruction thereof in any manner or due to loss because of negligence on the part of the lessee, any member of his or her family, his or her agent or the third party, during the validity of the contract of lease, the lessee 352 shall be liable therefor, and the lessee shall restore such goods into their original condition, and if the lessee fails to do so, he or she shall be liable to pay compensation therefor.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 615: Lessee to be liable:
Subsection (3)
(1) The lessee shall possess or use the leased Notwithstanding anything contained in sub-section (1) or (2), the lessee shall not be liable for the loss or damage, if any, caused to the leased goods due to any force majeure event.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 615: Lessee to be liable:
Subsection (4)
(1) The lessee shall possess or use the leased If partial loss or damage is caused to the leased goods due to a force majeure event pursuant to sub-section (3) and the lessor does not restore such goods into their original condition or such restoration is not possible, the lessor shall reduce the lease rent in proportion to the loss or damage. Explanation: For the purposes of this Section, the term "force majeure event" means any of the following events: (a) A storm, earthquake, eruption of volcano, (b) Excessive rain, flood, landslide, soil erosion, thunder-storm, (c) Fire caused in any manner other than that caused by dishonesty, negligence or recklessness on the part of the lessee or his or her family member, employee, worker or third party, (d) Act of terrorism, civil riot, civil war, (e) Other natural calamity of similar nature beyond human control.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 616: To pay lease rent:
(1) The lessee shall pay to the lessor the lease rent according to the terms and conditions of the contract of lease. 353
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 616: To pay lease rent:
Subsection (2)
(1) The lessee shall pay to the lessor the lease If the terms and conditions of payment of the lease rent are not specified in the contract pursuant to sub-section (1), the lessee shall pay the lease rent on the next day of the end of each month, in the case of a movable property, within fifteen days of the end of every fiscal year, in the case of farmland, servitude, land leased for industrial or infrastructure building or housing, and within a week of the end of every month, in the case of other goods.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 616: To pay lease rent:
Subsection (3)
(1) The lessee shall pay to the lessor the lease Notwithstanding anything contained elsewhere in this Section, if any person does not let the lessee fully possess and use such goods or any part thereof by showing any defect in the ownership and possession of the leased goods or any part thereof, creating any type of hindrance or obstruction or making a claim in relation thereto, the lessee may reduce the lease rent in proportion thereto.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 617: Validity period of contract of lease:
(1) No contract of lease concluded in relation to the following goods shall remain valid for more than the following period: (a) Thirty-five years in the case of housing land leased for the construction of a building or housing land in use after construction of a building therein, (b) Thirty-five years in the case of the land leased for the purpose of servitude, (c) Forty years in the case of the land leased for the purpose of construction, development and 354 operation of the infrastructures such as industrial structure, roads, canals, electricity generation, (d) Twenty years in the case of land for farming; (e) Nineteen years in the case of house and land leased for the purposes other than that referred to in clause (a), (b), (c) or (d), (f) Fifteen years in the case of a motor vehicle, (g) Fifteen years in the case of machinery equipment other than a motor vehicle, (h) Fifteen years in the case of machinery equipment other than that referred to in clause (f) or (g), (i) Ten years in the case of a domestic animal, (j) Ten years in the case of goods other than that set forth in this Section having regard to their life and nature.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 617: Validity period of contract of lease:
Subsection (2)
(1) No contract of lease Notwithstanding anything contained in sub-section (1), the parties may extend the validity period of the contract of lease, subject to the validity period of the contract, before expiry of the period referred to in such a sub-section.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 617: Validity period of contract of lease:
Subsection (3)
(1) No contract of lease Notwithstanding anything contained in sub-section (2), the parties to a contract of lease may decide whether to extend the period of the contract of lease having regard to the place where the leased house and land are situated and the nature of the goods.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
(1) The lessee may, with the prior consent of the lessor, sub-lease to any person the goods or any 355 part thereof leased under the contract of lease, by concluding another contract of lease to that effect.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (2)
(1) The lessee may, with the The lessee shall not be free from his or her obligation towards the lessor for the reason that he or she has made a sub-lease pursuant to sub-section (1).
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (3)
(1) The lessee may, with the The terms and conditions of such a sub-lease contract concluded pursuant to sub-section (1) in relation to the goods on sub-lease shall not be different than the terms and conditions of the first contract of lease.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (4)
(1) The lessee may, with the While determining the terms and conditions of the contract of lease pursuant to sub-section (3), provision may be so made that the sub-lessee shall be directly liable to the lessor in respect of the leased goods, and if such provision is made, the sublessee shall be liable to the lessor to the extent of the sub-lease contract.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (5)
(1) The lessee may, with the The validity period of the contract of lease made pursuant to sub-section (1) shall not exceed the validity period of the contract of lease concluded between the lessor and the lessee.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (6)
(1) The lessee may, with the If the lessor makes recourse to any legal remedy or a claim against the lessee under this Chapter, the sub-lessee shall not be liable therefor except in the case referred to in sub-section (4).
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 618: Leased goods may be sub-leased:
Subsection (7)
(1) The lessee may, with the Nothing shall be deemed to have been prejudiced in any manner the right which the lessor may exercise under the contract of lease based on anything contained in this Section,.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 619: To return leased goods:
(1) Except as otherwise provided for in the contract of lease, if the contract of lease is terminated for any 356 reason, the lessee shall return the goods leased under this Chapter to the lessor within thirty-five days of the termination of the contract of lease. Provided that, in the case of an immovable property, the lessor shall be deemed to be entitled, ipso facto, to possess that goods after thirty-five days of the termination of the contract of lease.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 619: To return leased goods:
Subsection (2)
(1) Except as otherwise provided for in The lessee shall return the goods leased pursuant to sub-section (1) to the lessor on the same condition as they were received at the time of lease. Provided that the lessee shall not be liable for any natural decay or depreciation caused from the possession and use of the goods.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 619: To return leased goods:
Subsection (3)
(1) Except as otherwise provided for in If a record of the goods or accessories and spare parts thereof has been maintained at the time of leasing the goods, the goods and accessories and spare parts thereof according to such record shall also be returned, while returning the leased goods pursuant to sub-section (1) or (2). Provided that the accessories or spare parts that get lost or destroyed in the course of possession and use according to the nature of the goods need not be returned.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 620: Special provision relating to the contract of lease of immovable
property: (1) Notwithstanding anything contained elsewhere in this Chapter, a contract of lease of any immovable property shall be concluded in writing. 357
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 620: Special provision relating to the contract of lease of immovable
Subsection (2)
While leasing any immovable property for a period of more than ten years, the contract of lease, setting out such matter, shall be registered in a body legally authorized for that purpose.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 620: Special provision relating to the contract of lease of immovable
Subsection (3)
Notwithstanding anything contained elsewhere in this Chapter, no immovable property can, without consent of the Government of Nepal, be leased to a person who cannot acquire ownership in any immovable property in Nepal according to law, for the purpose of farming, constructing a building or housing and land development.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 620: Special provision relating to the contract of lease of immovable
Subsection (4)
In returning any building, shed or other structure built by the lessee, or the garden, forest or trees located, in the land leased under the contract of lease to the lessor upon the expiry of the validity period of the contract of lease, except as otherwise provided for in the contract, the lessee shall be deemed to have right and ownership in such building, shed or other structure or garden, forest or trees located therein, and the lessee shall accordingly remove such building, shed, structure, garden, forest or trees from such land.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 620: Special provision relating to the contract of lease of immovable
Subsection (5)
Notwithstanding anything contained in sub-section (4), if the lessor desires to take such building, shed or other structure or garden, forest or trees located in such land on the as is where is basis, the lessor shall pay the mutually agreed price for the same.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 621: Contract of lease may be terminated:
(1) The lessor may terminate the contract of lease in any of the following circumstances: 358 (a) Except as otherwise permitted by the lessor, if the lessee fails to pay the lease amount until ninety days after the due date for the payment of the lease rent has expired, (b) If the lessee possesses or uses the leased goods taken contrary to Section 612, (c) If the lessee fails to give information to the lessor or keep him or her informed about the matters referred to in sub-section (1) of Section 614, (d) If the lessee fails to restore the leased goods into their original condition having regard to the nature of the goods pursuant to sub-section (2) of Section 615, (e) If the goods leased are sub-leased without the prior consent of the lessor.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 621: Contract of lease may be terminated:
Subsection (2)
(1) The lessor may The lessee may terminate the contract of lease in any of following circumstances: (a) If the leased goods cannot be possessed or used for the purpose or object for which the goods have been leased, (b) If the lessor fails to reimburse the repair and maintenance costs or make its adjustment to the lease rent pursuant to sub-section (3) of Section 613, (c) If the lessor does not reduce or agree to reduce the lease rent amount pursuant to sub-section (3) of Section 614 or sub-section (4) of Section 615. 359
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 622: Provisions relating to house rent to apply: Notwithstanding
anything contained elsewhere in this Chapter, in matters concerning house rent the provisions of Chapter-9 of Part 4 shall apply.
National Civil Code 2017
Part-5
Chapter-12: Provisions Relating to Contracts of Lease
Section 623: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. 360
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 624: Hire-purchase contract deemed to be made:
(1) If a person lets any goods to another person for hire on the following terms and conditions, a hire-purchase contract shall be deemed to be concluded: (a) The hirer has the right of possession and use of the goods let by the owner of the goods, on the condition of payment of the rent amount by installments in periodic basis for that goods, (b) The hirer has the right to purchase the goods on hire according to the terms and conditions of the contract, (c) The ownership of such goods would be transferred to the hirer upon payment of the last installment, (d) The hirer may terminate the contract at any time prior to the transfer of ownership pursuant to clause (c).
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 624: Hire-purchase contract deemed to be made:
Subsection (2)
(1) If a person lets The contract referred to in sub-section (1) shall be concluded in writing.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 624: Hire-purchase contract deemed to be made:
Subsection (3)
(1) If a person lets The owner of the goods shall provide one copy of the contract concluded pursuant to this Section to the hirer free of cost as soon as the contract is so concluded. Explanation: For the purposes of this Chapter,- 361
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 624: Hire-purchase contract deemed to be made:
Subsection (1)
(1) If a person lets "Goods" means any movable property that may be let for hire for the purpose of its possession and use.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 624: Hire-purchase contract deemed to be made:
Subsection (2)
(1) If a person lets "Hirer” means a person who takes any goods on hire for possession and use according to the hire-purchase contract and also includes his or her successor in the event of his or her death or other third person to receive such goods under the contract.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 625: Matters to be specified in hire-purchase contract:
(1) The following matters shall be specified in the hire-purchase contract referred to in Section 624: (a) The goods and short description thereof, (b) Hire-purchase price of the goods, (c) Cash price of the goods, (d) The date of commencement of the contract, (e) The amount of installment payable by the hirer to the owner of goods and the number of installments, (f) The due date for payment of each installment and the mode of payment, (g) The person and place for the payment of amount pursuant to clause (f).
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 625: Matters to be specified in hire-purchase contract:
Subsection (2)
(1) The If an installment can be paid by any mode other than cash pursuant to clause (f) of sub-section (1), a brief description thereof shall be specified in the hire-purchase contract.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 625: Matters to be specified in hire-purchase contract:
Subsection (3)
(1) The If a hire-purchase contract has been made without specifying any of the terms and conditions referred to in this 362 Section, the hirer may sue for the rescission of such contract, and if the court thinks that non-specification of any of such terms and conditions in the contract is detrimental to the hirer, the court may rescind such contract or issue any such other order as it thinks fit. Explanation:  For the purposes of this Chapter,-
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 625: Matters to be specified in hire-purchase contract:
Subsection (1)
(1) The "Hire purchase price" means the total amount to be paid by the hirer to purchase or acquire the goods upon payment of the full price of the goods, and also includes an amount to be paid as deposit or down payment.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 625: Matters to be specified in hire-purchase contract:
Subsection (2)
(1) The "Cash price" means the price to be paid in cash by which the hirer may purchase any goods.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 626: Conclusion of more than one contract to be deemed as
conclusion of single contract: (1) If several contracts are concluded in connection with the making of a hire-purchase contract, namely a contract between the hirer and the owner of any goods, a contract between a surety guaranteeing the payment of installments of the hire-purchase price of such goods or investor and the owner of such goods on the condition of entering into a hire-purchase contract, or in the case of any bailed or pledged goods, a contract between the bailor and the bailee of such goods, the contracts shall be deemed to be a single contract for the purposes of this Chapter.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 626: Conclusion of more than one contract to be deemed as
Subsection (2)
If the contracts referred to in sub-section (1) are concluded at different dates, the latest date shall be regarded as the date of the formation of the contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 627: Consequences of formation of hire-purchase contract:
(1) Notwithstanding anything contained in the contract, the following 363 terms and conditions shall be deemed to be inherent in the hirepurchase contract concluded between the parties: (a) The hirer has the right of uninterrupted possession and use of the hired goods, (b) The goods are free from any type of charge or claim of any one at the time of transfer of the goods by the owner to the hirer, (c) The owner of the goods has assured that the hirer will have a reasonable opportunity to compare such goods with the sample, (d) The owner of the goods has the right to sell the hired goods at the time of the transfer of such goods by him to the hirer, (e) The goods referred to in clause (a) are of satisfactory quality at the time of the transfer of goods, (f) If the hirer has informed the owner of the goods that he or she is hiring the goods for any particular purpose, the owner of the goods guarantees that such goods or quality thereof will be appropriate for that purpose.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 627: Consequences of formation of hire-purchase contract:
Subsection (2)
(1) Notwithstanding anything contained in clause (e) of sub-section (1), the owner of the goods shall not be liable for the quality of the goods in any of the following circumstances: (a) The owner of the goods was not aware of the defect in the goods, for which the hire-purchase 364 contract has been made at the time of conclusion of such contract, (b) The hire-purchase contract itself has a stipulation about the defect in the quality of the goods, (c) If the hirer has collected and examined a sample of the goods and the quality of the goods matches with such a sample, (d) The hire-purchase contract is concluded with regard to any second-hand goods and that matter is specified in the contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 627: Consequences of formation of hire-purchase contract:
Subsection (3)
(1) If the hirer takes any goods on hire on the basis of a sample, the owner of the goods shall be deemed to have assured of the fact that all of such goods match with the sample.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 627: Consequences of formation of hire-purchase contract:
Subsection (4)
(1) If the description of any goods or quality thereof is specified in a contract concluded under this Chapter, the owner of the goods shall be deemed to have assured of the fact that such goods or quality thereof shall be as specified in the contract. Provided that if the sample is also specified in the contract, the matching of the quality of such goods with that of the sample shall not suffice, and it shall be matched with the description of the contract at the time of transferring the whole of the goods.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 628: Transfer of ownership of goods: The ownership of the goods
related to a hire-purchase contract shall be transferred to the hirer upon completion of the purchase according to the hire-purchase price determined in accordance with the contract concluded under this Chapter. 365 Provided that the right to possession and use shall be deemed to be created at the time of receiving such goods by him or her. Explanation: For the purposes of this Section, the term "completion of the purchase" means the payment of the last installment of the hire-purchase price.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 628: 
Subsection (2)
Except as otherwise provided for in the hire-purchase contract, the hirer shall take reasonable care of (herbichar)  and maintain the goods related to such a contract as if the goods were those owned by himself or herself.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 628: 
Subsection (3)
If such goods are lost or damaged because of the failure to take care of (herbichar) and maintain them pursuant to sub-section (2), the hirer shall be liable therefor.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 629: Goods on hire to be cared (herchaha)  and maintained:
(1) The status of the goods hired under a hire-purchase contract shall be as of the bailment until the transfer of their ownership pursuant to Section
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 630: Installment to be paid: The hirer shall pay the amount of
installment as determined in the hire-purchase contract in consideration for the hired goods, within such period and according to such mode as specified in the contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 631: Termination of contract by paying installment:
(1) Except as otherwise provided for in the hire-purchase contract, the hirer may, during the currency of the contract, terminate the contract by making payment of the hire-purchase price of the goods or outstanding installment, and giving an advance written notice of at least fifteen days to the owner of the goods. 366
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 631: Termination of contract by paying installment:
Subsection (2)
(1) Except as While terminating the contract pursuant to sub-section (1), the hirer shall also be entitled to the discount of any kind, if any.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 632: Termination of contract by returning goods:
(1) Except as otherwise provided for in the contract, the hirer may, at any time prior to the payment of the last installment as determined according to the hire-purchase contract for the goods, terminate the contract by giving a written notice to the owner of goods at least fifteen days in advance.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 632: Termination of contract by returning goods:
Subsection (2)
(1) Except as Prior to terminating the contract pursuant to subsection (1), the hirer shall deliver or return the hired goods to the owner according to the hire-purchase contract and also pay the amount, if any, due and payable by the hirer to the owner under the contract on or before the termination of the contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 632: Termination of contract by returning goods:
Subsection (3)
(1) Except as Notwithstanding anything contained in sub-section (2), if the hirer has already paid more than half of the hire purchase price on or before the termination of the hire-purchase contract, the hirer shall not be required to pay any more amount, and if the hirer has paid less than half the amount, the hirer shall pay up to the half of the amount.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 632: Termination of contract by returning goods:
Subsection (4)
(1) Except as Nothing contained in sub-section (3) shall be deemed to release the hirer from payment of such other amount, charge or due as may be payable according to the hire-purchase contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 633: Right of hirer to transfer his or her right and interest:
(1) The hirer may, with the consent of the owner of the hired goods, transfer to another person the right, interest or liability in the goods hired by him or her according to the hire-purchase contract and such other 367 right, interest or liability as may be accrued to him or her under such a contract.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 633: Right of hirer to transfer his or her right and interest:
Subsection (2)
(1) The The owner of goods shall, for the purposes of sub-section
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 633: Right of hirer to transfer his or her right and interest:
Subsection (1)
(1) The , give or refuse to give consent within fifteen days of the date of the written request made by the hirer with the intention of getting consent from the owner to transfer his or her right, interest or liability to another person, and if consent cannot be obtained within such a period, the owner shall be deemed to have refused the consent.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 633: Right of hirer to transfer his or her right and interest:
Subsection (3)
(1) The If the owner of goods makes a refusal pursuant to subsection (2), the hirer shall, within thirty-five days, make a lawsuit in the court to have the refusal voided, and if the court issues an order to the effect that the refusal is not reasonable, the consent shall be deemed to have been obtained from the owner of goods.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 633: Right of hirer to transfer his or her right and interest:
Subsection (4)
(1) The If the right, interest or liability of the hirer is transferred to another person by operation of law, nothing contained in this Section shall be deemed to bar the exercise or performance of such right, interest or liability.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 634: To be liable for use of goods contrary to terms and conditions: If
the hirer uses the goods under the hire-purchase contract contrary to the terms and conditions of such a contract, the hirer shall be liable therefor.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 635: Information of actual condition of goods to be given: If the
owner of goods demands the hirer using the goods under the hirepurchase contract to give information as to the place where the concerned goods are situated and the state of benefits accrued from 368 such goods, the hirer shall give information thereof to the owner within fifteen days.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
(1) If the hirer defaults to pay more than one installment of the hire-purchase price to be paid to the owner of goods according to the hire-purchase contract, the owner of goods shall be entitled to terminate the hirepurchase contract at any time, by giving an advance notice as follows to the hirer: (a) If the installment is to be paid within or less than an interval of one week, a period of one week. (b) In the cases other than that referred to in clause (a), a period of fifteen days.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (2)
(1) If the hirer Notwithstanding anything contained in sub-section (1), if the hirer makes payment of the installment and the interest, if any, to be accrued thereon according to the hire-purchase contract before the expiry of the period for giving an advance notice pursuant to the said sub-section, the hire-purchase contract cannot be terminated.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (3)
(1) If the hirer If the hirer fails to perform the hire-purchase contract or the terms and conditions referred to in Section 629 or 635, the concerned owner of goods may terminate the hire-purchase contract, by giving a notice of at least fifteen days.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (4)
(1) If the hirer In the event of termination of the contract pursuant to sub-section (1) or (3), the owner of goods may exercise the following rights in relation to the hired goods: 369 (a) To take back the goods wherever and in whatever situation they may be, and if the goods cannot be so taken back, to forfeit them, (b) To determine the amount of rent that he or she can recover out of the amount paid in lieu of such goods, and inform the hirer to take back of the exceeding amount, (c) To forfeit the amount, if any, taken as a deposit from the hirer at the time of hiring the goods, (d) To enter the house where the goods are located with the assistance of police in the course of seizing the hired goods, (e) To recover compensation from the amount paid or make a claim for the loss or damage caused from the failure to return the hired goods in time or failure to perform the contract or the terms and conditions referred to in Section 629 or 635.
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (5)
(1) If the hirer Notwithstanding anything contained elsewhere in this Section, if the hirer, surety or investor has already paid at least the basic price of the hired goods, the owner of the goods shall not entitled to terminate the hire-purchase contract under this Section. Explanation:  For the purposes of this Section, the term "basic price" means three-fourths of the amount if the hire-price amounts to up to fifty thousand rupees and at least half the price if the hire-purchase price is more than that amount. 370
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Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (6)
(1) If the hirer If the owner of goods terminates the hire-purchase contract in contravention of sub-section (5), the hirer or surety shall be in discharge of all liabilities to be fulfilled according to the hirepurchase contract and shall be entitled to refund the entire amount paid for the goods hired by him or her. Provided that the hirer shall return the hired goods to the concerned owner of goods.