yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 19: Discrimination not to be deemed where special provision is
made: Notwithstanding anything contained in Sections 17 and 18, any special provision made by law for the protection, empowerment or development of the citizens that are socially or culturally backward women, dalit, indigenous, indigenous nationalities, Madhesi, Tharu, Muslims, oppressed class, backward class, minorities, marginalized, peasants, workers, youths, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant women, the incompetent or helpless, backward region and also economically indigent Khash Arya shall not be considered to be a discrimination.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 20: Guarantee of freedoms and rights:
(1) No person shall be deprived of personal liberty except in accordance with law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 20: Guarantee of freedoms and rights:
Subsection (2)
(1) No person shall be Every citizen shall, subject to law, have the following freedoms and rights: (a) To express one’s opinion and expression, (b) To assemble, hold assembly, conference peacefully without arms, (c) To form union and association, (d) To move and reside in any part of Nepal, (e) To practice any profession, employment, industry, business, (f) To obtain education of his or her choice or in his or her mother tongue, (g) To earn, use, transfer property and carry out any other transaction of property, (h) To profess and practice his or her religion practiced from time immemorial, subject to the compliance of public morality and traditions, (i) To preserve and promote the language, script or culture of his or her community, (j) To operate a religious place and religious trust, by maintaining independent existence of his or her religious community, (k) To protect or maintain privacy of his or her body, residence, property, document, correspondence or information.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 21: Right to privacy deemed to be violated:
(1) If any person commits, save in accordance with law, any of the following acts without obtaining consent of the concerned person, he or she shall be deemed to have violated the right to privacy: (a) Entry into any person’s residence, (b) Opening a person's correspondence or using it, taping or recording or listening the discourse, speech, sound through the medium of telephone or other technology, (c) Watching, publishing, broadcasting or disseminating activities, behaviors of personal life of a person, (d) Taking figure or photograph of a person, (e) Imitating other's name, figure, photograph, sound and making the same public.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 21: Right to privacy deemed to be violated:
Subsection (2)
(1) If any person Notwithstanding anything contained in clause (d) or (e) of sub-section (1), if a person commits any act referred to in the said clauses for literary or artistic purpose or public interest, the right to privacy shall not be deemed to have been violated.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 22: Right to make contract: Every citizen shall have the right to make
a contract subject to the law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 23: No taxation except in accordance with law: No tax shall be levied
on and collected from a person’s property or income save in accordance with law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 24: Not to employ in work against will: No person shall be employed
in a work against his or her will.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 25: Property not to be acquired, requisitioned, auctioned or
forfeited: (1) The State shall not acquire, requisition, or otherwise create any right in, the property of anyone, except in accordance with law for the purpose of public interest. Provided that this provision shall not apply to a property earned illegally.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 25: Property not to be acquired, requisitioned, auctioned or
Subsection (2)
No property of anyone shall be auctioned or forfeited except in accordance with law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 26: Complaint may be filed:
(1) A person who is arrested or detained or any one on his or her behalf may file a petition in the Supreme Court, High Court or District Court for the writ of habeas corpus.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 26: Complaint may be filed:
Subsection (2)
(1) A person who is arrested or detained If a person files a petition in more than one court, the petition filed in the higher court shall be maintained.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 26: Complaint may be filed:
Subsection (3)
(1) A person who is arrested or detained If a person commit or there is sufficient suspicion that he or she is going to commit any act in contravention of this Chapter, the person aggrieved from such an act may, for the enforcement of his or her right, file a petition in the High Court or District Court having territorial jurisdiction.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 26: Complaint may be filed:
Subsection (4)
(1) A person who is arrested or detained If it is found from inquiry into the petition filed pursuant to sub-section (1) that the person has been arrested or detained against law, the concerned court shall order to release him or her immediately.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 26: Complaint may be filed:
Subsection (5)
(1) A person who is arrested or detained If it is found from inquiry in respect of the petition filed pursuant to sub-section (3) that the respondent has caused some damage or is about to cause damage to the petitioner's right, the concerned court may issue an order requiring the respondent to refrain from committing, or causing to be committed, any act damaging the petitioner’s right, and where some act has already been committed, from committing, or causing to be committed, the remaining act, or to do any act.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 27: Compensation to be awarded:
(1) If, from the examination of the complaint filed pursuant to Section 26, the respondent is found to have maliciously committed any act causing damage to the complainant, the concerned court shall, having regard to the circumstances, order the respondent to pay reasonable compensation to the complainant.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 27: Compensation to be awarded:
Subsection (2)
(1) If, from the examination of the If an official or employee working in a governmental or public body is held to have knowingly violated the civil rights referred to in this Chapter, such an official or employee shall personally bear the amount of compensation referred to in subsection (1).
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 28: Compensation for filing false complaint:
(1) If a person is held to have filed a complaint with the intention of knowingly causing pain or loss or damage to a person, the concerned court shall order the person so filing the false complaint to pay a reasonable compensation to the respondent.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 28: Compensation for filing false complaint:
Subsection (2)
(1) If a person is held to The compensation to be awarded under sub-section (1) shall include the costs incurred by the respondent for defense before the court, court fees and legal practitioner's cost.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 29: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit any time in the case of arrest or detention, and within a period of six months after the date on which such an act or action was done or taken, in the other cases.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 30: To be recognized as person: Every person shall, immediately after
birth, be recognized as a person and be entitled to exercise rights under law until he or she survives.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 31: Right to Name:
(1) Every person shall, immediately after birth, have right to name and be entitled to use the given name respectfully.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 31: Right to Name:
Subsection (2)
(1) Every person shall, immediately after birth, Every person shall have the right to defend his or her name, reputation and prestige and such right shall not be transferable to others.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 31: Right to Name:
Subsection (3)
(1) Every person shall, immediately after birth, No person shall be allowed to abuse another’s name.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 32: To attain competency:
(1) Every person who attains eighteen years of age shall be considered to become a major, and shall, in the same capacity, be considered to be legally competent.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 32: To attain competency:
Subsection (2)
(1) Every person who attains eighteen A person who is competent under sub-section (1) may, subject to law, exercise, bear and discharge any right, obligation and duty whatsoever.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 33: To be considered incompetent:
(1) Notwithstanding anything contained in Section 32, a person who has not attained ten years of age, or even if attained that age, is unable to protect his or her right and interest for the reason of unsoundness of mind shall be considered to be legally incompetent. Explanation: For the purposes of this Act, the term "unsoundness of mind" means the condition of being incapable, due to physical and mental ill health, of knowing the act done by oneself in general understanding and consequences thereof.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 33: To be considered incompetent:
Subsection (2)
(1) Notwithstanding anything An incompetent person does not have to bear any type of legal obligation, and while exercising a right, it has to be exercised, or cause to be exercised, only with the consent of the guardian or curator or through the guardian or curator, as the case may be.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 33: To be considered incompetent:
Subsection (3)
(1) Notwithstanding anything In executing a document on behalf of an incompetent person, it shall be executed, or caused to be executed, through his or her guardian or curator, as the case may be.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 34: To be considered quasi-competent:
(1) A person who has attained ten years of age but not completed eighteen years of age shall be considered as a quasi-competent person.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 34: To be considered quasi-competent:
Subsection (2)
(1) A person who has A quasi-competent person may, subject to law, exercise, bear and discharge any right, obligation and duty whatsoever.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 34: To be considered quasi-competent:
Subsection (3)
(1) A person who has A quasi-competent person shall, in exercising a right, obtain the consent of the guardian or curator or exercise the right through the guardian or curator, as the case may be.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 34: To be considered quasi-competent:
Subsection (4)
(1) A person who has In executing a document by a quasi-competent person, it shall be executed in the presence of his or her guardian or curator, as the case may be.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 35: To be according to court decision:  If a dispute arises about a
person's competency, incompetency or quasi-competency, it shall be settled according to the decision of the court.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 36: Physical examination or change of organ may be made:
(1) Any person may, subject to law, get his or her body examined, treated or transplanted or collected any organ or part or a sample of his or her body.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 36: Physical examination or change of organ may be made:
Subsection (2)
(1) Any If a person is so incapable that he or she cannot express his or her consent, his or her guardian or curator, as the case may be, for the interest of such a person, carry out, or cause to be carried out, the act referred to in sub-section (1).
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 37: Power to specify method of one’s cremation, obsequies rites or
funereal acts: (1) Any person may, while he or she is alive, specify the manner of cremation, obsequies rites or funereal acts to be carried out after his or her death.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 37: Power to specify method of one’s cremation, obsequies rites or
Subsection (2)
If a person has specified the manner of cremation, obsequies rites or funereal acts pursuant to sub-section (1), his or her successor shall carry out his or her cremation, obsequies rites or funereal acts accordingly.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 37: Power to specify method of one’s cremation, obsequies rites or
Subsection (3)
If a person has not specified the manner of his or her cremation, obsequies rites or funereal acts pursuant to sub-section
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 37: Power to specify method of one’s cremation, obsequies rites or
Subsection (1)
, his or her successor shall conduct such person's cremation, obsequies rites or funereal acts according to the prevailing custom and tradition.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 38: Power to donate corpse or organ:
(1) Any person may express in writing his or her will to donate, after his or her death, his or her corpse or any organ of body or any part thereof to a person for the purpose of using, or causing to be used, such corpse or organ for a particular work.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 38: Power to donate corpse or organ:
Subsection (2)
(1) Any person may express in If a person has expressed his or her will pursuant to sub-section (1), his or her successor shall use the deceased’s corpse, part of the body or a portion thereof according to the will of the deceased.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 38: Power to donate corpse or organ:
Subsection (3)
(1) Any person may express in Notwithstanding anything contained in sub-section (2), if the person accepting such corpse, organ or any part thereof is not available or if it is not possible to detach such corpse, organ or any part thereof, cremation, obsequies rites or funereal acts of such corpse shall be conducted pursuant to Section 37.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
(1) If a person's address of residence needs to be determined, the address given by him or her for that purpose, where he or she has so given, and if not so given, the place of his or her permanent residence within Nepal shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (2)
(1) If a person's address of If a person does not have residence or his or her residence is not traced out pursuant to sub-section (1), the place of his or her abode for the time being shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (3)
(1) If a person's address of If a person does not have a residence or his or her residence is not traced out pursuant to sub-section (1) or (2) and the person has carried on any trade, business, employment or transaction, the place where he or she has so carried on trade, business, employment or transaction shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (4)
(1) If a person's address of Notwithstanding anything contained in sub-section (1),
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (2)
(1) If a person's address of or (3), where the address of a person's residence is changed, the place where he or she is residing for the time being shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (5)
(1) If a person's address of If the residence of an incompetent or quasi-competent person needs to be determined, the place of his or her permanent residence and if such place is not traced out, the place where his or her guardian or curator resides shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 39: To be considered address of residence:
Subsection (6)
(1) If a person's address of Notwithstanding anything contained elsewhere in this Section, if a person considers any address as the place of his or her residence for a particular purpose, such a place shall be considered to be the address of his or her residence.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
(1) If a person misars without any notice for a period of consecutive twelve years or if a person for whom it is natural to have information about such disappeared person has not received any information about him or her for the last twelve years, such a person shall, except in cases where an evidence establishing that he or she is alive is received, be deemed to be dead. Provided that in the following circumstance, such a person shall be deemed to have died after the completion of the following period:
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (1)
(1) If a person misars without any notice for In the case of a person having attained eighty years of age, five years,
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (2)
(1) If a person misars without any notice for In the case of a soldier deputed to war-field, four years after the cessation of the war;
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (3)
(1) If a person misars without any notice for In the case of a person traveling by an aircraft, ship or other vehicle that met with an accident, three years after the date of such accident.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (2)
(1) If a person misars without any notice for Notwithstanding anything contained in clause (3) of the proviso to sub-section (1), if a person dies in an accident and there is no evidence of another person meeting with the same accident to remain alive, such a person also shall be deemed to have died at the same time.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (3)
(1) If a person misars without any notice for Where more than one person are dead at one and the same time in an accident, each person so died is deemed, except as otherwise proved, to have been died at the same time. Provided that where, for a particular purpose, a question that which of the persons died first in such an accident requires to be settled, the person who was older by age at the time of death shall, unless otherwise proved, be deemed to have been died first.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (4)
(1) If a person misars without any notice for If the concerned person files a petition stating that any person has disappeared without a notice or died due to a disaster or accident and requests for a judicial declaration on such person's death, disclosing therewith the date, place, cause of death and basis thereof, the court may, after examining the evidence, make an order of judicial declaration on the death of such a person.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (5)
(1) If a person misars without any notice for If a person already declared dead pursuant to subsection (4) comes back alive and files a petition in person to get the judicial declaration made earlier to be annulled or if his or her successor files a petition for amendment to the previous judicial declaration on death for the reason that the date of death of such deceased happened to be different than the date referred to in the judicial declaration, the court shall, having examined into this matter, annul or amend the judicial declaration made pursuant to sub-section (4). Provided that-
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (1)
(1) If a person misars without any notice for Where a living wife has concluded another marriage after such declaration, the matrimonial relationship with the person declared to be dead cannot be re-established.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (2)
(1) If a person misars without any notice for There shall be no adverse effect on the legal right of the person declared to be dead.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (3)
(1) If a person misars without any notice for The act that has already been carried out pursuant to the previous judicial declaration shall not be prejudiced by virtue of the establishment of a new date of death.
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 40: Presumed to be dead:
Subsection (4)
(1) If a person misars without any notice for The right, interest or concern of the person provided by law shall not be affected by any act done or action taken pursuant to clause (3).
National Civil Code 2017
Part-2
Chapter-1: Provisions Relating to Natural Persons
Section 41: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit as follows: (a) In the case of the circumstance referred to in Section 36, within three months after the date on which such act was done or action taken, (b) In the case of the circumstance referred to in subsection (5) of Section 40, within one year after the date of knowledge of such an act or action, (c) In any circumstance other than that referred to in clauses (a) and (b), within six months after the date on which such an act was done or action taken.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
(1) A body corporate incorporated pursuant to law shall obtain legal personality, and obtain legal competency in the same capacity.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (2)
(1) A body corporate In order to obtain legal competency pursuant to subsection (1), any body shall be registered in accordance with law.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (3)
(1) A body corporate Except where a separate provision has been made by law for registration pursuant to sub-section (2), an application shall be made to the competent authority, setting out the following matters: (a) Name of the body corporate, (b) Head office of the body corporate, and address of such office, (c) Objectives and functions of the body corporate, (d) Details of the capital structure, if any, of the body corporate, (e) Other necessary details.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (4)
(1) A body corporate After the registration of a body corporate pursuant to sub-section (2), such a body shall be deemed to have been incorporated.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (5)
(1) A body corporate A legal person shall have a corporate personality and use a separate seal for its activities.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (6)
(1) A body corporate A body incorporated pursuant to this Section shall be an autonomous and body corporate with perpetual succession, and may, in the same capacity, subject to law, carry out as a person the following functions: (a) To acquire, hold, earn, possess, dispose off, sell or otherwise manage a property, (b) To execute a contract, exercise rights and discharge obligations under the contract or to assume any kind of right or obligation in any other way, (c) To frame statute or bye-laws required to operate its own functions, proceedings or business, (d) To appoint necessary employees based on law to carry out its functions, Provided that the commissions, institutions or bodies referred to in clause (g) of Section 44 shall not be allowed to appoint employees. (e) To open branches or other offices, subject to its statute and bye-laws, (f) To open an account in a bank or financial institution and to operate the account, (g) To carry out other functions according to law.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 42: Legal person to acquire competency:
Subsection (7)
(1) A body corporate A legal person may sue or initiate other legal action and may also be sued or subjected to other legal action by its name.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 43: To obtain legal competency upon incorporation:
(1) A legal person shall, upon its incorporation, obtain legal competency to carry out civil and commercial acts and transactions, in addition to the acts mentioned in Section 42.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 43: To obtain legal competency upon incorporation:
Subsection (2)
(1) A legal The legal competency obtained pursuant to sub-section
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 43: To obtain legal competency upon incorporation:
Subsection (1)
(1) A legal shall continue to exist until the legal person is liquidated, dissolved or wounded up in accordance with law.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 44: Legal competency deemed to be acquired, ipso facto
Notwithstanding anything contained in Section 42, the following body, as a legal person, shall be deemed to have, ipso facto, obtained competency: (a) The State of Nepal, (b) The Government of Nepal, (c) The Federal Parliament or Legislature-Parliament, (d) A court, constitutional body or any office thereunder, (e) A Ministry, Secretariat, Department of the Government of Nepal and any other government office, (f) A Province, (g) The Province Government or Provincial level Government offices, (h) A Provincial Assembly, (i) A Rural Municipality, Municipality or District Assembly or Local Level government office under such a body, (j) A commission, committee or similar other body set up in accordance with law by the Government of Nepal, Provincial Government or Local Level Government, (k) A corporation, corporate body or body set up in accordance with law, (l) Any organization established for public purpose such as a shrine, temple, deity place, Chaitya, monastery, mosque, church, public rest house, public inn, and graveyard remained in operation from the time immemorial and in possession of a property, (k) A community school, college or university established for public purpose.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 45: Address of location of legal person: The address of location of a
legal person shall be as specified at the time of incorporation of the body corporate, and where such address is not so specified, the address where its headquarters or registered office is located and where such office or address also is not specified, the address where the main administrative office or transaction and business of such a body corporate is located shall be considered to be its address of location.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 46: Management and operation of legal person:
(1) A legal person shall, except as otherwise provided by law, be managed and operated in accordance with the provisions set forth in the statute of such a person, and where such provisions is not made, it shall be managed and operated by one or more directors.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 46: Management and operation of legal person:
Subsection (2)
(1) A legal person The legal person shall be responsible for the management and operation made by the director or directors pursuant to sub-section (1).
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 47: Operation of business of legal person:
(1) In operating business on behalf of a legal person, the business shall, except as otherwise provided by law, be operated by the decision of directors of such a person.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 47: Operation of business of legal person:
Subsection (2)
(1) In operating business In operating business pursuant to sub-section (1), the director may delegate powers to any director or other person to operate any business.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 48: Right or liability to devolve upon merger of legal person:
(1) If a legal person is, for any reason, merged with another legal person, the right or liability of such person shall be as specified at the time of such merger.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 48: Right or liability to devolve upon merger of legal person:
Subsection (2)
(1) If a If not specified pursuant to sub-section (1), the right or liability of the legal person to be merged shall devolve on the legal person with which such a person is merged.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 49: Legal person may become agent: A legal person may, subject to
law, act as an agent of any other person.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 50: Not to participate in decision-making in case of conflict of
interest: (1) A member or director of any body or institution shall not take part in the decision making process on a matter involving his or her personal interest.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 50: Not to participate in decision-making in case of conflict of
Subsection (2)
If a decision is affected by the conflict of interest under sub-section (1), such a decision shall be void.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 51: Legal person to be liable: If a loss or damage is caused to a person
from an act done and action taken by a person on behalf of a legal person, such a legal person shall be liable and bear compensation therefor. Provided that if any loss is caused by doing an act beyond the objective or competency of the legal person or dishonestly, the director or a person doing such act shall personally be liable therefor.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 52: Assets or liability to be settled: If a legal person is dissolved for
any reason, the assets and liabilities of such a person shall be settled in accordance with law.
National Civil Code 2017
Part-2
Chapter-2: Provisions Relating to Legal Persons
Section 53: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within three months after the date of knowledge of such an act or action in the cases of Section 50 and within six months after the date on which such an act was done or action taken, in the other cases.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
(1) If a person’s debts and other liabilities to be borne by him or her exceed his or her assets, bankruptcy proceedings may be initiated for payment or recovery of debts or settlement of liabilities from such assets.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (2)
(1) If a person’s debts Notwithstanding anything contained in sub-section (1), no bankruptcy proceedings may be initiated in the following circumstances: (a) If a person who has regular income or is certain to earn income in the future proves that his or her income can pay or set off debts or other liabilities in a certain period or the creditor is satisfied in such matter, (b) If a person likely to be a bankrupt asks for a period of up to five years specifying the period of time to repay the debts of creditors and sources thereof from the date of origin of conditions necessitating the commencement of bankruptcy proceedings in order to enjoin or cause to be enjoined from initiating that proceedings, (c) If the creditor does not agree to initiate, or cause to be initiated, bankruptcy proceedings. Explanation:
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (1)
(1) If a person’s debts For the purposes of this Chapter, the term "assets" means the concerned person's property standing for the time being or to be earned or likely to be earned up to the time prior to the completion of bankruptcy proceedings pursuant to this Chapter.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (2)
(1) If a person’s debts For the purposes of clause (c), the term "creditor" means, where there are more than one creditor, creditors or a group of creditors who hold fifty percent or more debts out of the total debts of the person likely to become bankrupt.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (3)
(1) If a person’s debts If a debt or claim of a creditor is settled from the assets of a person under this Chapter, such a person shall be deemed to become a bankrupt.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (4)
(1) If a person’s debts The court shall send the record of the person being bankrupt pursuant to sub-section
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (3)
(1) If a person’s debts to the bankruptcy administration office established for that purpose.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (5)
(1) If a person’s debts The bankruptcy administration office shall update the records referred to in sub-section (4).
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (6)
(1) If a person’s debts Any person declared bankrupt pursuant to sub-section
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (3)
(1) If a person’s debts shall not be required to repay debt or fulfill the obligation other than the debt or obligation he or she has to pay or fulfill and settle under this Chapter.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (7)
(1) If a person’s debts Notwithstanding anything contained in sub-section (6), the following obligation shall be fulfilled from the trade, business or transaction he or she starts after his or her declaration of being bankrupt: (a) Tax, fee or charge to be paid to the Government of Nepal, Province Government or Local Government (b) Amount of penalty or fine to be paid according to the order of a court, (c) Amount to be paid for the embezzlement of property of the person under his or her guardianship or curatorship, (d) Amount to be paid for the goods stolen, (e) Amount to be paid for the embezzlement of property of a trust.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 54: Bankruptcy proceedings may be initiated:
Subsection (8)
(1) If a person’s debts Notwithstanding anything contained elsewhere in this Section, if any person becomes bankrupt, he or she may carry on any trade, business or transaction other than any act or activity he or she is prohibited from doing or taking in that capacity according to law.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 55: Petition to be filed to initiate bankruptcy proceedings:
(1) A person who is likely to become a bankrupt may himself or herself, or a creditor or group of creditors having claim of at least twentyfive percent or more of the total debts if the amount of debts is disclosed and, if the amount of debts is not disclosed, a creditor or group of creditors having claim of more than five hundred thousand rupees borrowed by such a person, may file a petition in the court, in order to initiate bankruptcy proceedings.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 55: Petition to be filed to initiate bankruptcy proceedings:
Subsection (2)
(1) A In filing a petition by a person likely to become a bankrupt for bankruptcy pursuant to sub-section (1), the petition shall specify the following details: (a) Actual statement of his or her total assets and value thereof, (b) Statement of total amount of debts borrowed by him or her, interest accrued thereon and details of the creditor or creditors having lent such debts, along with their addresses, (c) If he or she has to discharge other liabilities, details thereof, (d) The reason for the failure to repay or discharge debts and other liabilities.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 55: Petition to be filed to initiate bankruptcy proceedings:
Subsection (3)
(1) A In filing a petition by a creditor or group of creditors for bankruptcy pursuant to sub-section (1), the petition shall specify the following details: (a) Evidence indicating that the borrower is likely to be a bankrupt, (b) Statement of the assets of the borrower and approximate value thereof, to the extent of the petitioner's knowledge, (c) Statement of the petitioner’s claim, and if the petitioner has knowledge of other creditor's debt or claim, such debt or claim, (d) Details including addresses of the creditors.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 55: Petition to be filed to initiate bankruptcy proceedings:
Subsection (4)
(1) A Prior to filing a petition pursuant to sub-section (1) to initiate bankruptcy proceedings, a creditor or group of creditors shall give a notice to the borrower indicating that the borrower shall repay his or her debts or discharge other liabilities within a period of at least three months and that in the event of failure to repay the debts within that period, a petition shall be filed in the court to initiate bankruptcy proceedings.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 56: Notice to be given to creditor:
(1) If a petition is filed by a borrower pursuant to Section 55 to initiate bankruptcy proceedings, the court shall issue a notice of thirty-five days and serve the same on the creditor or group of creditors whose debts the borrower has specified as due and payable and publish the notice in any national daily newspaper.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 56: Notice to be given to creditor:
Subsection (2)
(1) If a petition is filed by a The notice to be published pursuant to sub-section (1) shall also contain a statement inviting any other person having any type of claim, if any, over the assets of the person whose assets is under bankruptcy proceedings to make a claim with evidence within the time-limit as specified in the same sub-section.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 56: Notice to be given to creditor:
Subsection (3)
(1) If a petition is filed by a The claim made within the time-limit referred to in sub-section (1) or (2) by the creditor or group of creditors or by other person shall be considered to be the final claim made against the assets of the borrower, and the bankruptcy proceedings of his or her assets shall commence on the same basis.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
(1) If a petition is filed by a creditor or group of creditors pursuant to Section 55 to initiate the bankruptcy proceedings of the assets of the borrower, the court shall serve a notice, along with a time-limit of thirty-five days, on the borrower to appear before the court, along with a reply whether or not the bankruptcy proceedings require to be instituted, and if there exists any ground for not instituting the bankruptcy proceedings, and evidence thereof.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
Subsection (2)
(1) If a petition is filed by a If a notice is served on the borrower pursuant to subsection (1), a notice shall be given to the other creditor or claimant to submit a claim in that respect within a period of thirty-five days and such a notice shall be published in any national daily newspaper.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
Subsection (3)
(1) If a petition is filed by a The claim of a person who fails to submit a claim within the period referred to in sub-section (2) shall not be valid after that period.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
Subsection (4)
(1) If a petition is filed by a The fee to be incurred in publishing a notice in a national daily newspaper pursuant to sub-section (2) or sub-section
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
Subsection (1)
(1) If a petition is filed by a of Section 56 shall be recovered from the concerned petitioner.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 57: Notice to be given to borrower:
Subsection (5)
(1) If a petition is filed by a The fee recovered pursuant to sub-section (4) may be awarded to be paid by the debtor in the course of bankruptcy.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 58: Order to be given to initiate bankruptcy proceedings:
(1) If a petition is filed in the court pursuant to Section 55 to initiate the bankruptcy proceedings, the court shall make order as to whether it would be appropriate to initiate the bankruptcy proceedings in respect of that petition or not.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 58: Order to be given to initiate bankruptcy proceedings:
Subsection (2)
(1) If a If an order is made to initiate the bankruptcy proceedings pursuant to sub-section (1), the court shall, at the request of the person likely to become bankrupt himself or herself or of the creditor, order any other family member of such a person to maintain status quo of the assets of the person in respect of whose assets the bankruptcy proceedings are to commence, for the purpose of bankruptcy.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 58: Order to be given to initiate bankruptcy proceedings:
Subsection (3)
(1) If a If the  court thinks that the assets of the person likely to be bankrupt may be embezzled or may not be properly managed if such a person or his or her family member is allowed to manage the assets, the court may, on the basis of the petition by the party or suo motu, entrust the responsibility for management of such assets to any of the following persons: (a) A person licensed as bankruptcy professional pursuant to law, (b) A bankruptcy trustee appointed pursuant to law, (c) The concerned ward committee of the Local Level, (d) Such an officer employee of the court or law practitioner as designated by the court.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 58: Order to be given to initiate bankruptcy proceedings:
Subsection (4)
(1) If a The Local Level, trustee or person designated pursuant to sub-section (3) shall manage the assets of the person likely to become bankrupt, in accordance with the order of the court.