yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
Subsection (3)
(1) Each person shall, after birth, Each person shall, after birth, be entitled to use after his or her name the surname designated with the consent of his or her father and mother or failing such consent, the surname of his or her father. Provided that a person whose paternity is not traced out shall be entitled to use after his or her name the surname of his or her mother.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
Subsection (4)
(1) Each person shall, after birth, Notwithstanding anything contained in sub-section (3), a person may, if he or she so wishes, use the surname of his or her father or mother or of both.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
Subsection (5)
(1) Each person shall, after birth, If a dispute arises as to the surname of a person, he or she shall be considered, unless otherwise proved, to have used the surname of his or her father.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
Subsection (6)
(1) Each person shall, after birth, Notwithstanding anything contained elsewhere in this Section, a person whose both father and mother are not traced out shall be entitled to use after his or her name the surname given by the guardian taking care of (herchaha)  him or her.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 112: Name of mother, father, grand-father and grand-mother may
be mentioned: (1) If the name of mother, father and grand-father, grand- mother is required by law to be mentioned in a formal act, legal act and proceeding or deed, any person shall be entitled to mention the name of his or her mother, father and grand-father, grand-mother.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 112: Name of mother, father, grand-father and grand-mother may
Subsection (2)
If the father of a person who has to mention the name of his or her mother, father and grand-father, grand-mother pursuant to sub-section (1) is not traced out, the person may mention the name of his or her mother and the mother's grand-father, grandmother, and even where the mother's name is not traced out, it shall be sufficient to mention, setting out that matter, the name of the guardian or curator if he or she is a minor, and only his or her name if he or she is a major.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
(1) If a son or daughter is born to a couple, the mother or father shall file an application, within three months of the birth of such a son or a daughter, before the authority specified according to law, for the birth registration.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (2)
(1) If a son or daughter is If one intends to file an application for the registration of a son or a daughter after the expiry of the time-limit referred to in sub-section (1), such fee as specified according to prevailing laws shall be charged.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (3)
(1) If a son or daughter is If an application is filed pursuant to sub-section (1) or
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (2)
(1) If a son or daughter is , the concerned authority shall, after entering the details in the birth register maintained in the office, issue a certificate of birth registration in the form as specified by the law to the applicant.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (4)
(1) If a son or daughter is The details to be entered in the register under subsection (3) shall include the concerned person's name, surname, date of birth (year, month, instant and day as well) and place of birth, and the name, surname and address of his or her mother, father and grand-mother and grand-father, as well.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (5)
(1) If a son or daughter is The concerned authority shall forward the details entered, pursuant to sub-section (3), in the register maintained in the office up to the last day of every month to the District Administration Office, within a period of fifteen days of the first month thereafter and the said Office shall also enter such details up to the end of every month in the birth register maintained in the office for that purpose and forward the same in every three months to the Ministry specified by the Government of Nepal by a notification in the Nepal Gazette.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 113: Birth of son, daughter to be registered:
Subsection (6)
(1) If a son or daughter is The concerned Ministry shall enter the details received pursuant to sub-section (5) in the birth register maintained for that purpose and maintain up-dated details each year.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 114: Obligation to care (herchaha) and maintain(shyahar samhar)
Subsection (1)
The mother and father shall jointly care and maintain their every minor.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 114: Obligation to care (herchaha) and maintain(shyahar samhar)
Subsection (2)
In caring and maintaining pursuant to sub-section (1), the father and mother shall provide for maintenance, health care, education, sports and entertainment and other necessary arrangements, according to their financial condition and capability.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 115: To be under custody of mother or father:
(1) Notwithstanding anything contained in Section 114, if matrimonial relationship between a husband and wife is extinguished in accordance with law, a minor born from them shall remain in the custody of the mother or the father as provided herein below: (a) In the case of a minor who has not attained five years of age, under the custody of the mother, if she so desires irrespective of whether or not she has concluded another marriage, (b) In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires, (c) In the circumstance other than that referred to in clause (a) or (b), under the custody of the father.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 115: To be under custody of mother or father:
Subsection (2)
(1) Notwithstanding Notwithstanding anything contained in sub-section (1), where the husband and wife have entered a separate agreement on the custody of a minor at the time of divorce or judicial separation, the agreement shall apply to the custody of the minor.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 115: To be under custody of mother or father:
Subsection (3)
(1) Notwithstanding Notwithstanding anything contained in sub-section (1), while deciding as to which of the father and the mother has the custody of a minor above ten years of age, the opinion of the concerned minor may also be obtained.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 115: To be under custody of mother or father:
Subsection (4)
(1) Notwithstanding Notwithstanding anything contained elsewhere in this Section, if the mother or father, under whose custody a minor is living, dies, the surviving father or mother shall take the minor under his or her custody without any delay. Provided that if the mother has already concluded another marriage, she is not obliged to take a minor above five years of age under her custody.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 115: To be under custody of mother or father:
Subsection (5)
(1) Notwithstanding Notwithstanding anything contained elsewhere in this Section, if the husband and wife, who get separated in accordance with law, have a minor, the maintenance, education and heath care of such a minor shall be according to the agreement concluded, if any, between the husband and wife in that respect, and in the absence of such an agreement, it shall be as follows: (a) In the case of a minor below five years of age, the minor shall be under the mother's custody, (b) In the case of a minor who is of five years of age or above five but below ten years of age, the minor shall be under the father’s custody, (c) In case of a minor having attained ten years of age, the minor shall be under the mother’s or the father’s custody, with whom the minor desires to live.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 116: Obligation to take necessary care (herchaha) and provide
maintenance (shyahar samhar): (1) The father or mother, as the case may be, who takes the custody of a minor pursuant to Section 115, shall take care of and maintain such minor, and, in so taking care of and maintaining the minor, the father or mother, as the case may be, shall do so in accordance with the provisions referred to in sub-section (2) of Section 114.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 116: Obligation to take necessary care (herchaha) and provide
Subsection (2)
Notwithstanding anything contained in sub-section (1), if the income of the father or mother who does not take the custody of a minor is higher than that of the father or mother who takes the custody of the minor, such a mother or a father shall provide such a minor with such expenses, for the purpose of maintenance, education and treatment of the minor, as agreed upon between such father and mother and in the absence of such agreement, as specified by the court.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 117: Facility of visit to be provided:
(1) In cases where matrimonial relationship is extinguished or the mother or father are living separately in accordance with law, the minor shall be allowed to visit, from time to time, the father if he or she is living under the mother’s custody and the mother if he or she is living under the father’s custody, or with the consent of the mother and father, to stay with either of them for some time. Provided that if it appears that the interest of the minor is likely to be prejudiced in availing the facility of such visit or stay, the concerned court may issue an order prohibiting such visit or stay.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 117: Facility of visit to be provided:
Subsection (2)
(1) In cases where matrimonial The frequency of visit to, or the period of stay with, the father or the mother, as the case may be, pursuant to sub-section (1), shall be as fixed by the concerned mother and father and, in the absence of such fixation, shall be as ordered by the concerned court.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 117: Facility of visit to be provided:
Subsection (3)
(1) In cases where matrimonial If a minor is living with his father or mother pursuant to this Section, the father or mother taking the custody of the minor shall take care of and maintain him or her in accordance with subsection (2) of Section 114.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 118: Rights of son, daughter remain to exist:
(1) Notwithstanding the matrimonial relationship between the husband and wife is extinguished pursuant to this Chapter, the legal rights of the son, daughter born from them vis-à-vis the father, mother and the obligation of the father, mother vis-à-vis him or her shall remain in existence.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 118: Rights of son, daughter remain to exist:
Subsection (2)
(1) Notwithstanding the In spite of the father and mother of a person being incapable of becoming husband and wife in accordance with this Act, the legal rights of the son, daughter born from them vis-à-vis the father, mother and the obligation of the father, mother vis-à-vis him or her shall remain in existence.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 119: Prohibition on living separately without consent:
(1) A son, daughter shall not, without consent of his or her father or mother, live separately from his or her father or mother.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 119: Prohibition on living separately without consent:
Subsection (2)
(1) A son, Notwithstanding anything contained in sub-section (1), a son, daughter may live separately from his or her father, mother in the following circumstance: (a) If he or she is separated from his or her father, mother, with or without obtaining partition according to law, (b) If he or she concludes marriage, (c) If he or she attains at least twenty one years of age, or (d) If he or she is already employed.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 120: Minor not to work as labor: A minor who is allowed to be
engaged in a work as a labor according to law cannot work as a labor without consent of the mother, father, other guardian or curator.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 121: Decision of father, mother taking custody of minor to prevail: If
there arises a dispute between the father and mother, who cannot conclude marriage between them or whose matrimonial relationship is extinguished pursuant to this Act, on any matter to be decided in respect of the right and interest of a minor born from such father and mother, the decision made by the father or mother, as the case may be, with whom such a minor is living shall prevail.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 122: Son or daughter to honor, respect and care (herchaha) mother,
father: (1) Every son or daughter shall treat his or her mother, father with honor and respect.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 122: Son or daughter to honor, respect and care (herchaha) mother,
Subsection (2)
Every son or daughter shall, according to his or her financial and social status, provide necessary care, maintenance, medical treatment or attention to his or her mother, father, notwithstanding living in an undivided family or separately in accordance with law.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 123: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within the specific statute of limitation, if any, provided in this Chapter for making such lawsuit, and within six months after the date on which such an act was done or action taken, in the other circumstances.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 124: To be under supervision and control of father and mother:
(1) A minor son, daughter shall live under the supervision, oversight, control or authority of their father and mother.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 124: To be under supervision and control of father and mother:
Subsection (2)
(1) A minor living under sub-section (1) shall obey lawful order or direction given by his or her father, mother.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 125: Parental authority to be exercised jointly:
(1) The mother and father shall, jointly and with their mutual consent, exercise such authority over, fulfill such responsibility and duty towards, their son and daughter as required to be exercised and fulfilled under this Chapter.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 125: Parental authority to be exercised jointly:
Subsection (2)
(1) The mother and Notwithstanding anything contained in sub-section (1), the following mother or father, as the case may be, shall, in the following circumstance, exercise such authority and fulfill such responsibility and duty as to be exercised and fulfilled pursuant to the said sub-section: (a) If either of the father and mother dies, the surviving mother or father, (b) If either of the mother and father is of unsound mind, the mother or father of sound mind, during the period of existence of such state of mind, (c) If the matrimonial relationship between the mother and father is dissolved or they have been living separate according to law, the mother or father who has taken the custody of the minor, (d) If the father of a minor is not traced out, the mother.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 126: Rights, responsibilities and duties of person exercising maternal
and parental authority: The rights, responsibilities and duties of the father or mother who is entitled to exercise the parental authority pursuant to this Chapter shall be as follows: (a) To keep the minor with him or her, provide company to the minor and watch the minor's works, actions and behaviors, (b) To provide food and clothes and to teach him or her to eat, wear and labor, (c) To provide affection, fondness and love, (d) To inculcate in him or her social dignity, decency, morals, rites, culture, customs and to educate him or her to behave accordingly; (e) To provide moral education based on social values such as honesty, self-confidence, self-reliance, integrity, labor and discipline, (f) To vigil physical and mental health, to provide and cause to be provided medical treatment, (g) To provide opportunity, according to necessity, for sports and entertainment, (h) To make available read-worthy and messageoriented educational materials, (i) To guide to remain loyal to the family, society, community, nation and state, (j) To prevent from bad habits, bad association and obscene matter, (k) To teach to obey order, honor and revere, (l) To do, or cause to be done, such other act whatsoever as may be required for the development of physical, mental and intellectual personality.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 127: Prohibition on discrimination: The mother or father shall not
make discrimination between their children, in any manner, in the maintenance, education and upbringing, sports, medical treatment, entertainment, facility or household work of their children on the ground of son or daughter or between sons or between daughters.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 128: Special care (herchaha)  to be taken:
(1) If any son or daughter is physically or mentally handicapped or disabled or has contracted a deadly disease such as human immune-deficiency virus (HIV) or Hepatitis B, the mother, father shall take special care of, and provide special treatment and protection to, such a son or a daughter. Explanation: For the purposes of this Chapter, the term "physically or mentally handicapped" means a physically or mentally impaired person who himself or herself is unable or incompetent to carry out daily work.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 128: Special care (herchaha)  to be taken:
Subsection (2)
(1) If any son or daughter In order to make the son or daughter as referred to in sub-section (1) financially self-reliant in the future by having arrangements for providing special medical treatment, the mother and father shall make, according to their financial condition and capacity, arrangements for imparting special education or training to such son or daughter.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 129: Power to cause minor to improve conduct and habit: If the
mother or father consider it necessary to make the minor, who is under their supervision, oversight, control or authority pursuant to this Chapter, improve his or her behavior, habit, conduct and character, they may do such acts as they think appropriate vis-à-vis such a minor and make him or her improve his or her behavior, habit or conduct. Provided that the minor shall not be subjected to any treatment that entails physical or mental pain.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 130: Authority deemed to be provided to exercise right: If the mother
and father appoint a teacher for the education and upbringing of their son or daughter or admits the child into an educational institute for any kind of education, the teacher  so appointed or the headmaster or teacher of such an institute shall be deemed to have been given the authority to exercise the rights as referred to in Section 129 in respect of education and upbringing.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 131: Guardian or curator may also exercise parental authority: If a
minor is living with the guardian or curator for the reason that both of his or her mother and father have died or disappeared or his or her mother has concluded another marriage following the death of his or her father or both of his or her mother and father have become of unsound mind, his or her guardian or curator, as the case may be, may exercise such paternal authority and fulfill such responsibilities and duties as required to be exercised and fulfilled by the mother and father under this Chapter.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 132: Power to restrict parental authority:
(1) If a complaint is filed by a person or a child welfare organization incorporated pursuant to law specifying that a person who is entitled to exercise the paternal authority pursuant to this Chapter has committed any of the following acts against a minor and, if the allegation is proved from an inquiry into the matter, the court may prevent such a person from exercising such authority: (a) Subjecting a minor to cruel, inhumane or torturous punishment or treatment, (b) Neglecting, disregarding or abusing the minor from time to time, (c) Engaging a minor in an immoral or sexual profession, (d) Employing a minor in a work likely to endanger the body, life or health, (e) Causing loss and damage to a minor’s property by spending it against his or her interest or selling such property to others with the intention of taking it subsequently, (f) Compelling a minor to abandon family life by making him or her a Sanyasi, fakir, monk, nun, Paschar or in similar other way, (g) Engaging a minor in begging, except while observing a religious or cultural rite, (h) Causing a minor to do any other act constituting an offense under law.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 132: Power to restrict parental authority:
Subsection (2)
(1) If a complaint is filed by If a restriction is imposed pursuant to sub-section (1), the court shall appoint a guardian according to law, authorizing him or her to exercise the parental authority in respect of such a minor.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 132: Power to restrict parental authority:
Subsection (3)
(1) If a complaint is filed by If the guardian is appointed to exercise the parental authority pursuant to sub-section (2), such a guardian may exercise the parental authority under this Chapter in consonance with the interests of the minor.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 132: Power to restrict parental authority:
Subsection (4)
(1) If a complaint is filed by If the person, who is prevented from exercising the parental authority pursuant to sub-section (1), makes a petition in the Court, making an undertaking not to repeat the act referred to in the said sub-section, the court may lift the restriction imposed on him or her and revoke the appointment as referred to in sub-section
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 132: Power to restrict parental authority:
Subsection (2)
(1) If a complaint is filed by .
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 133: Termination of parental authority:
(1) The parental authority which the mother and father are entitled to exercise over their son or daughter child pursuant to this Chapter shall be deemed to have been terminated in any of the following circumstances: (a) If the son or daughter attains eighteen years of age, (b) If the son or daughter lives separately after getting an employment. Provided that where any son or daughter is physically or mentally handicapped, the parental authority over him or her shall, except in cases where he or she lives separately by concluding marriage, not be terminated.
National Civil Code 2017
Part-3
Chapter-5: Provisions Relating to Parental Authority
Section 134: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 135: To be considered guardian: A person who is appointed or liable
under this Chapter to protect the person, protection of rights and interest of an incompetent or quasi-competent person shall be considered to be a guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 136: Priority order of guardian:
(1) Subject to the other Sections of this Chapter, a person in the following priority order shall, ipso facto, be a guardian of an incompetent or quasi-competent person: (a) Husband or wife living in a joint family, (b) Father or mother, (c) Son, daughter or widow daughter-in-law living in a joint family, (d) Separated husband or wife, (e) Separated son, daughter or widow daughter-in-law, (f) Grand-father or grand-mother, (g) Grand-son or grand-daughter, (h) Elder or younger brother or elder or younger sister, (i) Grand-father, grand-mother on the mother's parent side, maternal uncle, maternal aunty.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 136: Priority order of guardian:
Subsection (2)
(1) Subject to the other Sections of Notwithstanding anything contained in sub-section (1), the following person shall be a guardian in the following circumstances: (a) Where there are more than one person in one priority order eligible to be a guardian, the person mutually agreed upon by them, and in the absence of such agreement, the person as designated by the court, (b) In the case of a person of sound mind and having attained ten years of age, a person chosen by him or her, Provided that in so choosing the guardian, a deed shall be executed to that effect and certified by the court. (c) In the case of a minor of a couple whose matrimonial relationship has been extinguished in accordance with law, the father or mother who maintains him or her, (d) If any person who is in the first priority order declines to be a guardian, becomes of unsound mind or does not act in the capacity of a guardian, the person who is in the next priority order. Provided that if a person in the next order is to so become a guardian, the person shall get it certified by the court that he or she is the guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 137: Other person considered to be guardian: Notwithstanding
anything contained in Section 136, if guardianship to an incompetent or quasi-competent person is provided by a person other than the one referred to in that Section, the person so providing guardianship shall be considered to be a guardian of such a person. Provided that the person who so becomes a guardian shall get it certified by the court that he or she is the guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 138: Organization considered to be guardian:
(1) If a child, who is living in an organization, such as a child welfare house, orphanage, child home or children's organization, registered pursuant to law with the object to have welfare of and protect rights and interests of children, has no other guardian, such an organization shall be considered to be his or her guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 138: Organization considered to be guardian:
Subsection (2)
(1) If a child, who is In doing any act or taking any action on behalf of a minor living in an organization referred to in sub-section (1), the chief of such an organization shall do such an act or take such an action. Explanation: For the purposes of this Chapter and Chapter-7 of Part-3, the term "chief" means the chief executive officer of that organization or the chairperson, general manager, managing director or other officer acting in that capacity.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 139: Guardian may be appointed by court:
(1) Notwithstanding anything contained in Section 136 or 137, the court may, in the following circumstances, appoint a particular person as the guardian, specifying the reason therefor: (a) If the concerned ward committee of the concerned Local Level files a petition in the court for the appointment of guardian in cases where any person declines to be a guardian pursuant to Section 136, (b) If the stakeholder files a petition in the court for the appointment of guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 139: Guardian may be appointed by court:
Subsection (2)
(1) Notwithstanding In appointing a guardian pursuant to sub-section (1), the court shall consider whether or not the rights, interests or protection of such incompetent or quasi-competent person may be secured.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 139: Guardian may be appointed by court:
Subsection (3)
(1) Notwithstanding In appointing a guardian pursuant to sub-section (1), the court shall also obtain the consent of the person to be appointed as the guardian.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 139: Guardian may be appointed by court:
Subsection (4)
(1) Notwithstanding After appointing a guardian pursuant to sub-section (1), the court shall give a written notice thereof to the person to be guardian and the Local Level.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 140: Supervisor may be designated:
(1) If a guardian is appointed by the court pursuant to Section 139, the court may, if it considers necessary to inquire into the acts and actions of such a guardian, designate any person as the supervisor.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 140: Supervisor may be designated:
Subsection (2)
(1) If a guardian is appointed by the The supervisor designated pursuant to sub-section (1) shall make necessary inquiry into the acts and actions of the guardian and submit a report thereof to the court.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 140: Supervisor may be designated:
Subsection (3)
(1) If a guardian is appointed by the If the guardianship is terminated pursuant to Section 148, the state of supervision shall also be, ipso facto deemed to be, terminated.
National Civil Code 2017
Part-3
Chapter-6: Provisions Relating to Guardianship
Section 141: Disqualifications for guardian: None of the following persons may
become a guardian: (a) An incompetent or quasi-competent person, (b) A person proved to have done an act against the rights and interests of an incompetent or quasicompetent person, (c) A person sentenced by a court to imprisonment for a term of three years or more. Provided that this clause shall not be deemed to prevent a person who is in the priority order under sub-section (1) of Section 136 from being a guardian. (d) A person deemed disqualified to be a guardian by a count.
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Chapter-6: Provisions Relating to Guardianship
Section 142: Maintenance
(palan poshan) and care of (herbichar) incompetent or quasi-competent person: (1) The guardian shall make arrangements for the maintenance, health, education, entertainment and care of an incompetent or quasi-competent person under his or her guardianship from the property belonging to such a person, if any, and if such property is not available, from the property belonging to the guardian himself or herself.
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Chapter-6: Provisions Relating to Guardianship
Section 142: Maintenance
Subsection (2)
The arrangements for the maintenance, health, education, entertainment and care of an incompetent or quasicompetent person, pursuant to sub-section (1), shall be made from the movable property belonging to such a person, if any, and where there is no such movable property or where arrangements for the maintenance, health, education, entertainment and care cannot be made from that property, his or her immovable property may be sold for that purpose with the prior permission of the court. Provided that it is not required to obtain permission of the court to sell the immovable property where a person in the priority order under sub-section (1) of Section 136 is the guardian.
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Chapter-6: Provisions Relating to Guardianship
Section 143: Property to be supervised, protected and managed properly:
(1) The guardian shall supervise and protect the property belonging to the incompetent or quasi-competent person under his or her guardianship.
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Chapter-6: Provisions Relating to Guardianship
Section 143: Property to be supervised, protected and managed properly:
Subsection (2)
(1) The guardian may carry on any business or transaction by investing the property belonging to the person under his or her guardianship.
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Chapter-6: Provisions Relating to Guardianship
Section 144: To maintain books and accounts accurately:
(1) The guardian shall maintain accurately the books and accounts of expenditures incurred in the maintenance(palan poshan), health, education and care of (herbichar) the incompetent or quasi-competent person under his or her guardianship, and of the incomes and expenditures made in the course of the management of the property belonging to that person and the inventory proving the ownership of such property. Provided that it is not required to maintain such books and accounts where a person in the priority order referred to in subsection (1) of Section 136 is a guardian.
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Chapter-6: Provisions Relating to Guardianship
Section 144: To maintain books and accounts accurately:
Subsection (2)
(1) The guardian The guardian shall submit the books and accounts maintained pursuant to sub-section (1) and the inventory proving the ownership of that property to the incompetent or quasi-competent person within one year after the date on which that person has attained majority pursuant to law or the date on which that person has notified in writing the court that he or she is competent to carry out business.
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Chapter-6: Provisions Relating to Guardianship
Section 144: To maintain books and accounts accurately:
Subsection (3)
(1) The guardian If an incompetent or quasi-competent person dies when he or she was under guardianship, the guardian shall submit the books and accounts and the inventory proving ownership of that property referred to in sub-section (1) to that person’s nearest successor within six months after the date of his or her death.
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Chapter-6: Provisions Relating to Guardianship
Section 145: Power to institute legal action or defend case: The guardian may,
for the protection of the rights, interests of an incompetent or quasicompetent person under his or her guardianship, institute a legal action against such a person or defend a case filed against him or her. Provided that the guardian is not allowed to so renounce a claim or plea in relation to a case instituted upon the incompetent or quasi-competent person being its plaintiff or defendant or execute a deed of compromise in any case as to cause an adverse effect to him or her.
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Chapter-6: Provisions Relating to Guardianship
Section 146: Power to act on behalf of incompetent or quasi-competent
person: Subject to the provisions contained elsewhere in this Chapter, the guardian may carry out such act on behalf of the incompetent or quasi-competent person as may be carried out by that person according to law.
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Chapter-6: Provisions Relating to Guardianship
Section 147: Act may be carried out only in consonance with terms
Notwithstanding anything contained elsewhere in this Chapter, if a person is designated as the guardian for an incompetent or quasicompetent person with specification of certain terms, such a guardian shall have the authority to carry out acts only in consonance with such terms.
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Chapter-6: Provisions Relating to Guardianship
Section 148: Termination of guardianship:
(1) A guardianship shall be deemed to be terminated in any of the following circumstances: (a) If a petition filed by the guardian stating that he or she is unable to be a guardian is accepted by the court, (b) If the guardian or the incompetent or quasicompetent person under guardianship dies, (c) If the incompetent or quasi-competent person becomes a competent, (d) If, at the request of the incompetent or quasicompetent person under guardianship, the court removes the guardian.
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Chapter-6: Provisions Relating to Guardianship
Section 148: Termination of guardianship:
Subsection (2)
(1) A guardianship shall be deemed If a guardianship is terminated pursuant to sub-section
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Chapter-6: Provisions Relating to Guardianship
Section 148: Termination of guardianship:
Subsection (1)
(1) A guardianship shall be deemed and the person who was the guardian and the person who was under guardianship are surviving, the person who had worked as guardian shall continue to maintain (palan poshan) and take care of(herbichar)  the incompetent or quasi-competent person under his or her guardianship until another guardian is appointed.
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Chapter-6: Provisions Relating to Guardianship
Section 148: Termination of guardianship:
Subsection (3)
(1) A guardianship shall be deemed If a guardianship is terminated pursuant to sub-section
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Chapter-6: Provisions Relating to Guardianship
Section 148: Termination of guardianship:
Subsection (1)
(1) A guardianship shall be deemed , the statute of limitation, time-limit or appointed date for appearance in relation to any legal proceedings required to be carried out by the guardian pursuant to this Chapter shall not be deemed to have been expired, from the date on which the guardianship is so terminated until another guardian is appointed.
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Chapter-6: Provisions Relating to Guardianship
Section 149: Guardianship not to be transferred to successor: If a guardianship
is terminated upon the death of the guardian pursuant to Section 148, the right, authority and responsibility vested in him or her in the capacity of a guardian shall not be transferred to his or her successor. Provided that in cases where another guardian is required to be appointed for an incompetent or quasi-competent person, he or she shall, in the capacity of the successor to the guardian, maintain(palanposhan)  and take care of (herbichar) such incompetent or quasi-competent person until another guardian is appointed.
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Chapter-6: Provisions Relating to Guardianship
Section 150: Power to recover expenses: If any guardian has arranged the
maintenance, health, education, sports, entertainment and care of(herbichar)  the incompetent or quasi-competent person under his or her guardianship from his or her own property, the guardian may recover the amount of expenses so incurred from the property belonging to the incompetent or quasi-competent person under his or her guardianship. Provided that such expense cannot be so recovered where a person in the priority order referred to in sub-section (1) of Section 136 is the guardian.
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Chapter-6: Provisions Relating to Guardianship
Section 151: Amount of loss and damage may be recovered: If the guardian
knowingly, deceitfully, fraudulently or dishonestly causes loss and damage to the property belonging to the incompetent or quasicompetent person under his or her guardianship in such manner as to or not to benefit himself or herself, the incompetent or quasicompetent person aggrieved therefrom may recover the amount of loss and damage caused to him or her from such a guardian.
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Chapter-6: Provisions Relating to Guardianship
Section 152: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within six months after the date of knowledge of such act or action.
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Chapter-7: Provisions Relating to Curatorship
Section 153: To be curator of minor:
(1) If any minor does not have any guardian as referred to in Chapter-6 of this Part, any person may act in the capacity of curator of such a minor for the maintenance, health, education, care of, and protection of property belonging to, him or her, until the minor attains eighteen years of age.
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Chapter-7: Provisions Relating to Curatorship
Section 153: To be curator of minor:
Subsection (2)
(1) If any minor does not have any Notwithstanding anything contained in sub-section (1), a person may appoint any one as a curator for the maintenance, health, education and care of his or her minor.
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Chapter-7: Provisions Relating to Curatorship
Section 154: Curator of person of unsound mind:
(1) If a person of unsound mind does not have any guardian as referred to in Chapter-6 of this Part, any other person may act in the capacity of curator for the maintenance, care of, and protection of property belonging to, him or her.
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Chapter-7: Provisions Relating to Curatorship
Section 154: Curator of person of unsound mind:
Subsection (2)
(1) If a person of unsound If there is no curator or the curator cannot be ascertained under sub-section (1), the person under whose custody, supervision or oversight the person of unsound mind is living for the time being shall be the curator of such a person.
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Chapter-7: Provisions Relating to Curatorship
Section 155: Mother to become curator of minor: Notwithstanding anything
contained in Section 153, if the father of any minor below ten years of age has died or disappeared or become of unsound mind or is in abroad and the mother of such a minor is alive, she herself shall be the curator of that minor even though she has concluded another marriage.
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Chapter-7: Provisions Relating to Curatorship
Section 156: Body corporate to become curator:
(1) If any person who has no guardian under Chapter-6 of this Part is under the supervision, protection or custody of a body corporate, such a body corporate shall be the curator of such a person.
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Chapter-7: Provisions Relating to Curatorship
Section 156: Body corporate to become curator:
Subsection (2)
(1) If any person who has no If a body corporate referred to in sub-section (1) becomes a curator, the chief of such a body corporate shall exercise the authority of a curator.
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Chapter-7: Provisions Relating to Curatorship
Section 157: Court may appoint curator:
(1) If any person has no guardian under Chapter-6 of this Part or no one acts as his or her curator, the concerned ward committee of the Local Level may file a petition, stating the details thereof, in the court for the appointment of a curator.
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Chapter-7: Provisions Relating to Curatorship
Section 157: Court may appoint curator:
Subsection (2)
(1) If any person has no guardian In filing a petition pursuant to sub-section (1), the concerned ward committee of the Local Level shall set out the names, surnames, addresses and professions of the potential persons who could be appointed as the curator and also submit, along with the petition, a deed of consent given by such potential persons to act as the curator.
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Chapter-7: Provisions Relating to Curatorship
Section 157: Court may appoint curator:
Subsection (3)
(1) If any person has no guardian If a petition is filed pursuant to sub-section (1), the court shall make an order to appoint any one appropriate person, out of the persons whose names are submitted pursuant to subsection (2), as the curator.
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Chapter-7: Provisions Relating to Curatorship
Section 158: Qualifications of curator: Any person other than a person who is
disqualified for being a guardian pursuant to Section 141 may become a curator.
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Chapter-7: Provisions Relating to Curatorship
Section 159: Curator to take custody of property:
(1) The curator shall take custody of, manage and operate, the property belonging to the person under his or her curatorship.
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Chapter-7: Provisions Relating to Curatorship
Section 159: Curator to take custody of property:
Subsection (2)
(1) The curator shall take The curator shall arrange for the maintenance, education and medical treatment of the person under his or her curatorship, to the extent possible in view of his or her capacity, from the property taken into custody by him or her.
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Chapter-7: Provisions Relating to Curatorship
Section 160: Power to use property: A person who becomes a curator may
spend all the returns obtained from the property under his or her custody for the maintenance, health of the person under his or her curatorship and for the education of such a person, if he or she is a minor.