Skip to contentSkip to left sidebar Skip to footer

Author: Rojina

16. Provision Regarding Monitoring and Observation

16. Provision Regarding Monitoring and Observation:

(1) The Judicial Council may, for regular monitoring and observation of the activities and conduct of
judges, constitute a Judicial Monitoring and Observation Committee under the leadership of any member of the Judicial Council comprising one or three member.
(2) The Secretary of the Judicial Council shall work as Secretary of the Committee to be constituted in accordance with Sub-Section (1).
(3) The Committee, formatted as per the Sub-Section (1), may carry out monitoring or observation in the matter that whether the Judge has complied with his/her duty or official conduct properly as required to comply with as
per the Constitution and law or not as well as other functions and activities as prescribed by Judicial Council.
(4) For the purpose of Sub-Section (3), the Committee may get opinion with regard to the concerned Judge from Chief Judge of concerned High Court, other Judges and employees of the Court where the concerned Judge is
working, legal practitioner practicing in concerned court or service seeker of the Court.
(5) The Judicial Monitoring and Observation Committee may get support of gazetted employees working in the Judicial Council while carrying out the function of monitoring and observation in accordance with Sub-Section (3).
(6) The proceeding of monitoring and observation to be conducted as per the Sub-Section (3) shall be confidential.
(7) The Judicial Monitoring and Observation Committee shall submit the report of activities accomplished by itself before the Judicial Council within the period as prescribed by the Judicial Council.
(8) The Judicial Council may, while carrying out evaluation of the judge or proceeding action against him/her, may take base to the report as per the Sub- Section (7)

17. Study of the Case File Relating to Complaint

17. Study of the Case File Relating to Complaint

: (1) If any complaint filed before the Judicial Council against any Judge with regard to any case, the
Judicial Council may any Member for study of concerned case.
(2) For the purpose of Sub-Section (1) concerned Court shall provide documents or file as demanded by the Member.
(3) The Member as d in accordance with Sub-Section (1) shall submit report  with his/her opinion, by carrying out study of concerned case, to the Judicial Council within the period as prescribed by the Judicial Council.

18. Initial Enquiry

18. Initial Enquiry:

(1) The Judicial Council may, in case any complaint or report seeking for an action against any Judge has been filed or if the Council itself deems necessity to carry out enquiry against any Judge of High Court
or District Court, to any Member or any Justice of Supreme Court to conduct initial inquiry.
(2) The Member or Justice, d as per the Sub-Section (1) may make inquiry upon the concerned Judge or other related persons.
(3) The Member or Justice, d as per the Sub-Section (1) may demand any documents relating to the issue of initial enquiry. Concerned Court or body shall have the responsibility to provide such demanded document.
(4) The Member or Justice, d as per the Sub-Section (1) shall submit the initial enquiry report with his her opinion before the Judicial Council within the period as prescribed by the Judicial Council

19. Enquiry Committee

19. Enquiry Committee:

(1) The Judicial Council, by the report received as per the Section 17 or 18 or if the Council itself deems necessity to carry out enquiry against any Judge of High Court or District Court, shall form an Enquiry Committee under the Chairmanship of any Member of Judicial Council or any Justice of Supreme Court comprising three members
including expert of concerned subject and shall publish notification of the same in Nepal Gazette.
(2) The Enquiry Committee shall submit report before the Judicial Council by accomplishing the act of enquiry within the period as prescribed by the Judicial Council.
(3) Office of the Enquiry Committee shall be located at Secretariat of Judicial Council and the Judicial Council shall provide staff and materials necessary for the Inquiry Committee.
(4) The Secretary of the Judicial Council or gazetted employee of federal judicial service as prescribed by the Judicial Council shall perform the work of Secretary of the Inquiry Committee

20. Powers of the Inquiry Committee

20. Powers of the Inquiry Committee:

(1) The Inquiry Committee may, in respect to furnish and execute the notice to the judge of High Court or
District Court against whom the act of enquiry is conducted, to record the statement, inquire witness and examine evidence thereof, exercise the power equivalent to the commission formatted pursuant to Enquiry Commission
Act, 2026 (1969).
(2) Act and proceedings of the Inquiry Committee to be conducted in accordance with this Section shall be confidential.
(3) The Inquiry Committee shall not give permission to any other person, excluding the judge who has been charged, concerned lawyer and the complainant, to be present or take part in at the place where the proceedings
of inquiry has been undertaken.
(4) The Inquiry Committee may impose fine up to three thousand rupees or
imprisonment for one month or both for the person disobeying order issued
by the Inquiry Committee or creating hindrance in the proceedings of inquiry.
(5) Before issuing order to impose punishment by the Enquiry Committee in
accordance with Sub-Section (4), the concerned person can pray before the
Enquiry Committee to give pardon. The Enquiry Committee may not, if it is
satisfied with the act of apology, impose any punishment to such person.
(6) The Enquiry Committee may, if the person against whom punishment has
been imposed in accordance with Sub-Section (4) apologizes before the
Enquiry Committee by making satisfaction to the Enquiry Committee, may
not execute the punishment imposed by the Committee itself.
(7) The Inquiry Committee shall, after completion of the act of inquiries, give
report of such inquiry including its opinion and related documents to the
Secretariat of Judicial Council

21. To Provide Opportunity to Defend

21. To Provide Opportunity to Defend:

(1) In case it is observed from the report of inquiry received in accordance with Section 17, 18 and 19 that the
Judge of High Court or District Court, who has been charged is to be punished under the Constitution, this Act or other prevailing laws, the Judicial Council shall, within a reasonable time, give the notice of the same
enclosing the causes and reasons to present his\her clarification.
(2) In case he\she has not presented any clarification within time limit as per the Sub-Section (1) or the clarification so presented by him/her has been found to be unsatisfactory, the Judicial Council shall make recommendation
before the Chief Justice to take action in accordance with Part (C) of Sub- Article (1) of Article 142, Part (C) of Sub-Article (6) of Article 149 to the alleged Judge of High Court or District Court.
Provided however that if it is required to file case as per the prevailing laws, it shall be written to concerned body to file case as per the law.

22. To carry out Investigation in the Offence of Corruption and to File Case

22. To carry out Investigation in the Offence of Corruption and to File Case:
(1) The Judicial Council shall assign any Justice of Supreme Court or Judge of High Court work as an Investigation Office in order to carry out the act of investigation pursuant to Sub-Article (6) of Article 153 of the Constitution.
(2) The Investigation Officer as per the Sub-Section (1) may, in respect to carry out the act of investigation over the Judge of High Court or District Court, exercise the powers as conferred on to the Investigation Officer under
the Prevention of Corruption Act, 2059 (2002).
(3) The Investigation Officer shall, if he/she deems necessary, while carrying out investigation pursuant to Sub-Section (2), to initiate case against any Judge of High Court or District Court in the offence of abuse of authority by
corruption, submit report before the Judicial Council by mentioning the same matter.
(4) The Judicial Council shall, if it deems necessary to initiate case on the basis of report received in accordance with Sub-Section (3), make decision in this regard and assign to the Secretary of Judicial Council or any gazetted
officer of Judicial Council to initiate the case on behalf of Judicial Council in the Court as prescribed by Government of Nepal as per the prevailing law for proceeding and adjudication of the case relating to corruption.
(5) The Judicial Council may, before filing case in accordance with Sub- Section (4), get advice from Attorney General in such issue.
(6) The case filed in accordance with this Section shall be defended by Attorney General or sub-ordinate government attorney.
(7) The Judicial Council shall, if involvement of any other person except the Judge has been found in the issue of running case initiated in accordance with this Section, write to concerned body to initiate the case against such person as per the prevailing law.

23. To be Ipso-Facto Suspended

23. To be Ipso-Facto Suspended: In the situation of ipso-facto suspension in  accordance with the Corruption Control Act, 2059 (2002) or if a case has been filed against any Judge of High Court or District Court in accordance
with prevailing law on the basis of bad conduct, such judge shall be deemed suspended ipso facto from his\her office from the date of case filed.

24. Expiry of Suspension

24. Expiry of Suspension: In case the Judge of High Court or District Court receives clearance in the case filed against him/her in accordance with this Act, his\her suspension shall be ipso-facto expired from the date of receiving
the clearance.

 

25. Not to Allow Performing Duty

25. Not to Allow Performing Duty: In case any Enquiry Committee is formatted to carry out enquiry or initiating investigation in accordance with Section 22 against any Judge of High Court or District Court, such Judge
shall not be allowed to perform the duty of his/her office until final decision of such proceeding.

26. To keep in Pending

26. To keep in Pending: In case the charge made against the Judge of High Court or District Court has been found to be groundless as per the report received in accordance with Section 17, 18 or 19, the Judicial Council shall
keep the proceeding into pending subject to do as per the law in case of acquiring evidence later and information of same shall be given to concerned Judge.

27. Transfer or Deputation of Judges

27. Transfer or Deputation of Judges: (1) No the Judge of High Court or
District Court, who has not completed the tenure of two years in a courts
shall, generally, be transferred.
(2) The Judge of High Court or District Court shall be generally transferred
to the Judge working in the court of remote area to the court of non-remote
area and the Judge working in the court of non-remote area to the court of
remote area in the manner to provide different experience of mountain area,
hilly area, terai area and Kathmandu Valley.
(3) Generally any Judge of High Court or District Court shall not be
transferred in the manner to remain in same Court for more than one time.
(4) The Chief Justice may, in recommendation of the Judicial Council, depute
the Judge of one High Court to other High Court as per the requirement.
(5) The Chief Justice may, in recommendation of the Judicial Council, depute
the Judge of one District Court to other District Court for the certain time as
per the requirement

28. To Keep Record of Personal Details

28. To Keep Record of Personal Details:

(1) The Judicial Council shall keep the record of personal details (Sit-roll) of Judges by updating it as prescribed.
(2) The Judicial Council may, for the purpose of Sub-Section (1), demand the details from Civil Employees Record Office and other concerned bodies.
(3) The person appointed in the post of Judge at first shall fill-up the sit-roll form in the format as prescribed and submit before the Judicial Council within one month from the date of appointment.
(4) Other provision regarding to sit-roll of the Judge shall be as prescribed

29. Statement of Property to be Submitted

29. Statement of Property to be Submitted:

(1) Member and Judge shall submit the statement of property remained in own name or name of own
family in the format as prescribed to the Judicial Council within sixty days from the date of completion of each fiscal year.
(2) Notwithstanding anything contained in Sub-Section (1), the Member and Judge appointed after expiration of the period as per the Sub-Section (1), shall submit the statement of property as per the Sub-Section (1) to the
Judicial Council within sixty days from the date of his/her appointment.
(3) The statement of property as per the Sub-Section (1) or (2) shall be kept confidential.
(4) The Secretary of Judicial Council shall prepare the record of the Judge, who failed to submit the statement of property within the period as per the Sub-Section (1) and submit before the Judicial Council.
(5) The Judicial Council shall issue an order to the Judge, who failed to  submit the statement of property in accordance with Sub-Section (1), to  submit statement of property by imposing fine of the sum of rupees five
thousand only to him/her.
(6) The refusal of the Judge to submit statement of property in accordance with Sub-Section (5) shall be deemed to have performed misconduct pursuant to Section 11.

30 To Prepare Unified Record

30 To Prepare Unified Record:

(1) The Judicial Council shall prepare and keep unified record of each Judge by mentioning following details.
(A) Details relating to date of appointment and retirement, his/her qualification, experience and expertise,
(B) If any complaint has been filed against him/her, short description of decision made by the Judicial Council over the complaint,
(C) If any action has been taken against him/her in accordance with  the Constitution and this Act, details of such action,
(D) Details of acceptance or refusal of his/her decision or order from superior court,
(E) Numerical details of decision and order made by him/her in each court,
(F) Other details as prescribed.
(2) The Judicial Council, for the purpose of maintaining record in accordance with Sub-Section (1), may also utilize the information technology by constructing separate software as per the requirement

31. To Provide Information about Termination of Tenure of Office

31. To Provide Information about Termination of Tenure of Office:

(1) The Judicial Council shall, if any Judge is going to be retired from his/her office due to age factor, give information of the same to concerned Judge and the body at least sixty days before of the retirement.
(2) The Judicial Council shall, if any Judge becomes terminated from his/her office due to any reason except as mentioned in Sub-Section (1), give information to the concerned Judge and the body.
(3) The Judicial Council shall, while calculating age of the Judge as per the following basis for the purpose of providing information relating to retirement in accordance with Sub-Section (1), update the age by making
calculation of the age of the Judge by giving consideration to the age that by which age he/she is retired first.
(A) The age to be specified according to date of birth or age as stipulated in the certificate of educational institution submitted by him/her,
(B) The age to be specified according to date of birth or age as stipulated in the Citizenship Certificate submitted by him/her,
(C) The age to be specified according to date of birth or age as mentioned in his/her sit-roll.
(4) While making calculation of the age of Judge in accordance with Sub- Section (3), in case the date, year, month and day of birth has been mentioned in academic certificate or Citizenship Certificate and sit-roll but
there is not similarity in date of birth in all those documents, calculation of the age shall be made on the basis of the date from which he/she will be retired first.
(5) If only year has been mentioned in academic certificate or Citizenship Certificate and sit-roll of any Judge, the date of birth shall be confirmed in following basis;
(A) In connection to Citizenship Certificate, on the basis of the date of issue of the Certificate,
(B) In connection to the academic certificate, on the basis of the date of issue of the certificate,
(C) In connection to the sit-roll, on the basis of the date of first appointment.
(6)If only year has been mentioned in a certificate and full date of birth has been mentioned in other certificate submitted by the Judge and if there is difference upto only one year between in the dates of birth as mentioned in
those certificates, it shall be based on the certificate where full date of birth has been mentioned.
(7) If the difference between the dates of birth as mentioned in different certificates according to Sub-Section (6) is found to be more than one yea, the date of birth shall be determined on the basis of the certificate
mentioning only year in accordance with Sub-Section (3).
(8) The Council shall confirm the age of the Judges within three month from the date of enforcement of this Section and maintain the record of the age in accordance with this Section.
(9) Nonetheless the information has not been given in accordance with Sub- Section (1), any Judge shall be retired after completion of the age for retirement.

32. Dismissal from the Service

32. Dismissal from the Service:

(1) If it came to know that any person gets  appointment in the post of Judge by concealing his/her qualification or
disqualification or if the situation as per the Part (A), (E), ((H), (I), (J) or (K) of Section 7 is emerged, the Judicial Council shall recommend to the Chief Justice for immediate dismissal of such judge.
(2) If recommendation is made in accordance with Sub-Section (1), the Chief Justice shall dismiss immediately from the post.
(3) If any Judge, who was appointed by concealing qualification or disqualification, is dismissed in accordance with Sub-Section (2), such Judge shall not be entitled to obtain any other facility except the amount of provident fund and insurance in accordance with prevailing federal laws.
(4)The Council shall write to concerned authority to initiate case in the offence of corruption against the Judge who has been dismissed from his/her post pursuant to Sub-Section (2) due to concealing qualification or disqualification in accordance with prevailing federal laws.

33. Function, Duty and Power of Judicial Council

33. Function, Duty and Power of Judicial Council:

In addition to the function, duty and power as mentioned in the Constitution and in this Act elsewhere,
function, duty and power of the Judicial Council shall be as mentioned hereunder.
(A) To make recommendation or provide counseling in the issues of judicial administration,
(B) To carry on or to cause to carry on study and research in the subject of judicial administration,
(C) To give necessary direction to concerned authority in the subjects including curriculum with regard to training and instruction of the Judge,
(D) To draft and enforce Code of Conduct to be abided by the Judges, (E) To perform other prescribed functions.

35. Meeting of the Judicial Council

35. Meeting of the Judicial Council:

(1) (1) The meetings of the Judicial Council shall, as per the need, be held in the time, date and place as
prescribed by the Chairperson.
(2) Notwithstanding anything contained in Sub-Section (1), the Chairperson shall call a meeting in case any two members jointly make a written request including the agendas before the Chairperson to call a meeting of the
Judicial Council as quick as possible.
(3) The Secretary of the Judicial Council shall send the notice for the meeting of the Judicial Council to all the members normally 48 hours before the meeting by mentioning the date, time and agendas for discussion.
(4) In case any member wants to add any other agenda in addition to the agendas already set for discussion in the meeting pursuant to Sub-section (3), he\she shall serve the notice of same to the Secretary of the Judicial
Council by mentioning the agenda with reason to discuss over such agenda
at least Twenty Four hours before the meeting is held. The Secretary of the Judicial Council, immediate after getting notice so, information of that shall  be given to the Members by including such agenda in the list of agendas set
for discussion.
(5) Notwithstanding anything contains in Sub-Section (3) and (4), discussion and decision can be made by the meeting of the Judicial Council in any new issue, which has not been mentioned in the list of agendas, as per
the consent of all the Members.
(6) It shall be deemed to constitute the quorum for the meeting of the Judicial Council, if Chairperson and other two Members are present.
(7) Decision of the Judicial Council shall be made on the basis of majority and in case of a tie; the Chairperson may cast a decisive vote.
(8)The Secretary of the Judicial Council shall prepare and keep the record of
decisions of the Council after affixing signature of the Chairperson and the
Members.
(9) Other procedures with regard to the meeting of the Judicial Council shall
be as determined by the Judicial Council itself.

36. The Secretary of the Judicial Council

36. The Secretary of the Judicial Council:

(1) There shall be one Secretary of the Gazetted Special Class of Nepal Judicial Service to work as an
administrative chief of Judicial Council.
(2) In addition to the function, duty and power as mentioned in this Act elsewhere, function, duty and power of the Secretary of the Judicial Council shall be as mentioned hereunder.
(A) To implement or to cause to implement the decision made by the Judicial Council,
(B) To keep the record to be remained in the Secretariat of the Judicial Council in systematic and secured manner by updating it,
(C) To allocate the functions to the employees of the Judicial Council and to assign them in work,
(D) To carry on monitoring, control and supervision of the activities of the Secretariat of Judicial Council,
(E) To give information of decision of the Judicial Council to concerned person or body,
(F) To make contract and coordination with Government of Nepal and other concerned body as per the requirement,
(G) To perform other function as prescribed by the Judicial Council.
(3) The Secretary of the Judicial Council may delegate any power, among the powers conferred to him/her, to any subordinate Gazetted Officer as per the requirement

37. Oath

37. Oath: The Member, as per the Part (D) and (E) of Sub-Article (1) of Article 153 of the Constitution, shall take an oath before the Chairperson as prescribed in Annex.

38. Annual Report to be submitted

38. Annual Report to be submitted:

(1) The Judicial Council shall submit the annual report of the functions and activities performed by the Council in
each year before the President within three months of completion of every fiscal year.
(2) The President shall cause to submit the report as submitted in accordance with Sub-Section (1) before the Federal Parliament via Prime Minister.

42. Repeal and Saving

42. Repeal and Saving:

(1) Judicial Council Act, 2047 (1991) is hereby repealed.
(2) Any acts done and actions taken under Judicial Council Act, 2047 (1991) shall be deemed to have been done and taken under this Act.

Annex

Annex
(Relating to Section 37)
Oath
I ——————————————– solemnly promise/swear in the name of the God/ the Nation and the people that I will bear true faith and loyalty to the country and people, that I will bear true faith and allegiance to the Constitution of Nepal, vesting the sovereignty and state authority of Nepal in the people of Nepal, that I
will faithfully discharge the duties of the post of ——————, subject to the prevailing laws, doing right to the country and people, without fear, favor, affection or ill-will, and that I will not in any manner communicate or reveal any matter which shall become known to me in the course of discharging my duties, irrespective of whether I hold or cease to hold the office, except as may be required in the observance of law.

Date
Name:
Signature:

Administration of Justice Act, 2073 (2016)

Administration of Justice Act, 2073 (2016)
Date of Authentication and Publication
2073-05-27 BS (September 12, 2016)
Act No. 7 of the Year 2073 (2016)
An Act enacted for amendment and unification of the law relating to
administration of justice
Preamble: Whereas, it is expedient to make timely amendment and unification of prevailing law relating to administration of justice for the establishment and systematic arrangement of jurisdiction of the courts so as to dispense justice fast, inexpensive and render easily accessible, impartial, effective and accountable with
the people;
Now, therefore, be it enacted by Legislature-Parliament in accordance with Sub- Article (1) of Article 296 of Constitution of Nepal.

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short title and commencement:

(1) This Act may be called as “Administration of Justice Act, 2073 (2016)”.
(2) This Act shall come into force from such date as may be specified by the Government of Nepal by publishing a Notification in Nepal Gazette.
2. Definitions: Unless the subject or the context otherwise requires, in this Act,-
(a) “Court” means the Supreme Court, High Court and District Court.
1 This Act has been prescribed for commencement from September 19, 2016 (the Notification published in Nepal Gazette on September 14, 2016)
(b) “Judge of High Court” means the Judge of High Court and the terms shall also denote to the Chief Judge of the High Court.
(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.
(d) “Judicial Council” means the Judicial Council as per the Article 153 of the Constitution.
(e) “Constitution” means the Constitution of Nepal

Chapter-2 Establishment of District Courts and High Court

Chapter-2 Establishment of District Courts and High Court
3. Establishment of District Court:

(1)There shall be one District Court, in each district.
(2) The District Courts shall be located at the headquarters of Districts.
Provided however that, in case any District is being located, prior to the commencement of this Act, at any place other than the District headquarters it shall be continuing at the same place until another arrangement is made.

4. District Judges:

(1) There shall be a District Judge in each District Court.
(2) Notwithstanding anything contained in Sub-Section (1), if there is more workload in any District Court, the Chief Justice may, on the recommendation of the Judicial Council, designate the required number of additional District
Judges.
(3) The Judicial Council shall, on the basis of workload, determine the number  of Judges to be remained in each District Court subject to the total number of post of Judges in accordance with Sub-Section (7) and the number of District Judges determined so may be altered on the basis of workload.
(4) If there are more than one District Judges in any Court, the senior most District Judge shall work as a Chief of the District Court.
(5) The Chief Justice may depute the District Judge of any District Court in another District Court to work as a Judge for a certain period of time.
(6) The District Judge, as deputed in accordance with Sub-Section (5), shall work in the assigned District Court during the period as prescribed.
(7) The Government of Nepal, in recommendation of Judicial Council, shall determine the total number of post of the Judges of District Courts according to workload.

5. Establishment of High Court:

(1) There shall be a High Court in the capital of each province.

(2) The High Court shall be remained in the place as prescribed by the Government of Nepal in consultation with the Judicial Council until decision for the place of the capital of the Province is made in accordance with Sub-
Article (2) of Article 288 of the Constitution.
(3) The Government of Nepal may, in consultation with the Judicial Council, establish temporary bench of the High Court in other place having under the territorial jurisdiction of such Court and prescribe the location of the bench.
(4) While prescribing location by establishing bench pursuant to Sub-Section (3), territorial jurisdiction of such bench shall also be determined.
(5) In case there are more than one Courts of Appeal in any Province during commencement of this Act, the Government of Nepal shall, in consultation with the Judicial Council, determine a Court of Appeal as a High Court of the Province and next Court of Appeal shall be prescribed as next bench of the same High Court.

(6) Notwithstanding anything contains in this Section elsewhere, Government of Nepal may, in case the High Court is located in another place then the capital of the Province, while making decision of the capital of the Province
pursuant to Sub-Article (2) of Article 288 of the Constitution, relocate the High Court in the capital of the Province in consultation of the Judicial Council.
(7) The bench, established as per this Section, shall exercise jurisdiction equivalent to the High Court pursuant to this Act under its own territorial  jurisdiction as prescribed pursuant to Sub-Section (4).

6. Judges of High Court:

(1) The High Court shall consist required number of Judges subject not to exceed the total number of one hundred sixty post.
(2) There shall be one Chief Judge and required number of other judges as prescribed by the Judicial Council under the Sub-Section (1) in each High Court subject not to lessen the number of ten.
(3) The Chief Justice shall, in recommendation of the Judicial Council, depute the number of at least three Judges of High Court to work in the place of the bench as established pursuant to Section 5.
(4) The most senior Judge among the Judges deputed pursuant to Sub-Section (3) shall work as the Chief.
(5) The Government of Nepal may, in recommendation of Judicial Council, alter in number of Judges pursuant to Sub-Section (1) on the basis of workload of the cases.

Chapter-3 Jurisdiction of Courts

Chapter-3 Jurisdiction of Courts
7. Jurisdiction of the District Court:

(1) Except as otherwise provided in the prevailing law, the District Court shall have powers to try and settle, in
original jurisdiction, all the cases within the jurisdiction of its own district and in the cases as ordered by the High Court for trial pursuant to Sub-Article (2) of Article 145 of the Constitution.
(2) The District Court shall have powers to issue order of habeas corpus, for the enforcement of legal rights of anyone under its territorial jurisdiction of the District, if anyone keeps any person under unlawful detention.
(3) The District Court shall have powers to issue orders of injunction for the enforcement of legal rights of any person infringed or there is reasonable doubt of infringing by anybody or authority under the territorial jurisdiction of the district.
(4) Except as otherwise provided in the prevailing law, the District Court shall have powers to hear appeals against decision or final order made by the quasi- judicial body or authority under the territorial jurisdiction of the District in accordance with federal law and against the decision or final order made by judicial body of local level constituted in accordance with the provincial law.

8. Jurisdiction of the High Court:

(1) The High Court shall have the power to issue necessary and appropriate order by hearing over the application filed in accordance with Sub-Article (1) of Article 144 of the Constitution.
(2) The High Court shall have the power to try, under its original jurisdiction, and settle the following cases:
(a) The cases which the High Court is empowered by federal law to try and settle under its original jurisdiction,
(b) The cases taken from the sub-ordinate court in accordance with Sub- Article (1) of Article 145 of the Constitution.
(3) The High Court shall have power to make decision by hearing appeal in following cases;
(a) Cases tried and settled by District Court under its original jurisdiction pursuant to Sub-Section (1) of Section 7.
(b) Cases in which full or partial reversal of decisions made by judicial, quasi-judicial body or authority has been made by the District Court made on appeal against such decisions.
(c) Cases, in which decision has been made by the District Court over the appeal against the decisions, involving the dispute relating to public property, cases in which punishment of imprisonment or the fine of
the sum of more than one hundred thousand has been imposed or having the claimed amount of the sum more than five hundred thousand.
(d) Except as otherwise provided in the federal law, cases tried and settled under original jurisdiction by any judicial body under its territorial jurisdiction.
(4) The High Court shall have the power to review over the reference judgments (Sadhak) according to the federal law.
9. Power of the Supreme Court to hear Appeal:

(1) The Supreme Court shall have the power to hear appeal in following cases;
(a) Cases tried and settled by High Court under its original jurisdiction pursuant to Sub-Section (2) of Section 8,
(b) Cases in which punishment of imprisonment for Ten years or more has been imposed;
(c) Cases, in which full or partial reversal in the decisions made by trial court, body or authority has been made by the High Court in which punishment of imprisonment of more than three years or the fine of
the sum of more than five hundred thousand has been imposed or having the claimed amount of the sum of more than two million five hundred thousand, and
(d) Other cases, in which appeal to be filed before the Supreme Court in accordance with the federal law.
(2) The Supreme Court shall have the power to hear an appeal on reference cases submitted before the Supreme Court.

10. Provision on Reference of the Cases:

(1) In case where reference of the case is required under the prevailing federal law, reference has to be made to the
court hearing appeal.
(2) Notwithstanding anything contains in Sub-Section (1), such reference to the Supreme Court shall be made only if the High Court has imposed the punishment of life imprisonment.
(3) In cases where an appeal is filed in the case of which reference has been made pursuant to Sub-section (1) or (2), such a case shall be adjudicated by way of appeal, and where in the same case some make appeal and some don’t
make, then the case shall be adjudicated and decided upon, in respect of the  non-appellant also, by way of the process of reference.
(4)If non-appealing party or any other concerned person makes a petition with pleas similar to an appeal in the case to be heard by way of reference process, the court hearing the appeal shall have to settle the case, taking also into
account of such petition.

11. Provision on Review:

(1) The decision or final order made by any Court shall not be reviewed by the same Court.
(2) Notwithstanding anything contains in Sub-Section (1) the Supreme Court may review its judgment or final order in the following circumstance:
(a) If it appears that the concerned party has come to know any fact likely to materially affect the justice done in the case only after the settlement of the case, or
(b) If it appears that the decision is contrary to the precedent or legal principle enunciated by the Supreme Court.
(3) The Supreme Court shall not review its judgment or final order in the following circumstance:
(a) If the judgment or final order has already been reviewed earlier, (b) If the Judgment or final order has been made by Larger Full Bench, (c) If the decision has been made by Constitutional Bench,
(d) If the case has already been settled by way of revision pursuant to the prevailing law prior to the commencement of this Act, or
(e) If the judgment of the High Court has been confirmed or the approval has not been granted for revision in the case reviewed pursuant to Section 12.
(4) A petition for review shall be made within Sixty days of the date of certification by affixing signature in the judgment or final order by the Justice of the Supreme Court.
(5) Order shall be made by the Justices other than the Justices made the earlier judgment over the application filed pursuant to Sub-Section (4) in the issues that whether to grant approval for review or not.
(6) If the approval to review the case has been granted pursuant to Sub- Section (5), hearing over the application shall be made by the bench of the Justices other than the Justices, who have made the earlier judgment and the
Justices, who have given approval to review the case.

12. Provision on Revision of the Case: (1) The Supreme Court may, in the following circumstances, revise the judgment or final order made by the High Court in the cases which are not appealable to the Supreme Court pursuant to this Act or the prevailing laws:
(a) If there is serious Constitutional or legal error in the judgment or final order made by the High Court,
(b) If the principle or precedent established by the Supreme Court has not been followed or has been applied with false interpretation,

(c) If any public property has been misappropriated or loss caused in such property due to lack of proper evaluation of the evidence contained in the case file in a case involving dispute vis-à-vis
government or public property; or
(d) If the justice is substantially affected due to lack of proper
representation of a child, woman, disabled or mentally retarded
person or the person crossed the age of seventy five years.
(2) Notwithstanding anything contains in Sub-Section (1), revision shall not
be made in following cases:-
(a) A case once heard and adjudicated by the Supreme Court,
(b) A case adjudicated by the High Court by hearing appeal in
accordance with Part (B) of Sub-Section (3) of Section 8.
(3) A petition for revision may be filled within Forty Five days from the date
of decision by the High Court through the High Court having made such
decision or in the Supreme Court.
(4) The details and documents as prescribed shall be enclosed with the
petition to be filed in accordance with Sub-Section (3).
(5) The decision, whether to grant revision or not, shall be made by the
Division Bench by hearing over the petition filed in accordance with Sub-
Section (3) that whether the situation of Sub-Section (1) is being existed or
not.
(6) If the approval has been is granted pursuant to Sub-Section (5), hearing
over the application shall be made by the bench of the Justices other than the
Justices, who have given approval for revision and the Justices, who have
made the earlier judgment.
13. Compromise can be Made: Compromise can be made on a petition filed and
action initiated in the petition as referred to Section 11 or 12.
14. The powers of the Court hearing Appeal and hearing Reference cases: (1)
Subject to this Act and the prevailing laws, the powers of the court hearing
appeal and the court hearing reference cases shall be as follows:
(a) To confirm or to alter, wholly or partly, the decision of any
subordinate court, body or authority,
(b) To exercise the powers of rendering judgment or final order similar
to any subordinate court, body or authority,
(c) If the subordinate court, body or authority has failed to examine any
evidence relevant to the question of adjudication in the case, to
examine such evidence by itself or to send temporarily the file of the
case back to the subordinate court, body or authority in order to
examine such evidence by maintaining the record of the case in the
Court as it is,
(d) If the subordinate court, body or authority has to give its decision on
some issues and failed to give its decision in other issues involved in
the case, to send back the case file of the case, within a period
prescribed for completion thereof, to the subordinate court, body or
authority for its decision on the remaining questions.
(2) Notwithstanding anything contains in Part (D) of Sub-Section (1), the
District Court and the High Court may give decision by entering into the
issues missed by the subordinate court, body or authority over the case filed
before the court.
15. Petition may be filed against Provisional/Interim Order: (1)
Notwithstanding anything contained in the prevailing laws, a petition may be
filed by the dissatisfied party at the court hearing appeal, of only one level
higher, against an order of a court, body or authority requiring the defendant
to make presence on the appointed dates or furnish guarantee or be kept under
detention for trial or against any provisional/interim order made in the course
of proceedings of the case.
(2) Notwithstanding anything contained in Sub-Section (1) nothing contained
in this Section shall be deemed to bar the making of a petition to the Supreme
Court on the question of legal error or procedural irregularity, against an order
requiring the defendant to make presence on the appointed dates or furnish
guarantee or be kept under detention for trial, in a case involving punishment
of imprisonment for a term of Ten years or more.
16. Exercise of Jurisdiction of the Court: (1)The jurisdiction of the District
Court shall be exercised by the Bench of the District Judge.
(2) The Bench of a single judge or a Division Bench of judges shall, in the
manner as prescribed, exercise the jurisdiction of the High Court.
(3) If consensus couldn’t be made between Judges, while making decision of
the case to be heard by Division Bench in accordance with Sub-Section (2),
the case shall be submitted before the third Judge with the opinion of both
Judges. If the majority couldn’t be made even while submitting before the
third Judge, the case file shall be sent to the Supreme Court for making
decision with the opinion of all Judges by giving date to attend the Court to
the parties of the case presented in appointed date.
(4) If any proceeding, other than the act of rendering judgment or final order,
is carried out by a single judge in any case, which is required to be heard by
two or more judges according to the law, no such proceeding shall be deemed
to be beyond jurisdiction nor shall it be void.
17. Action to be taken in Contempt of Court: (1) The Supreme Court may
initiate proceedings against the contempt of court, if anyone makes obstacle in
judicial performance or dishonor the order or judgment of its own or the High
Court or District Court.
(2) The High Court may initiate proceedings against the contempt of court, if
anyone makes obstacle in judicial performance or dishonor the order or
judgment of its own or District Court or judicial body sub-ordinate to it.
(3) The District Court may initiate proceedings against the contempt of court,
if anyone makes obstacle in judicial performance or dishonor the order or
judgment of its own or judicial body sub-ordinate to it.
(4) If the act of contempt of court is found to be proved, while proceeding
action in accordance with Sub-Section (1), (2) or (3), the concerned Court
may punish the offender with imprisonment for upto one year and a fine of up
to Ten Thousand Rupees or with both or issue appropriate order.
(5) The accused, against whom the case of contempt of court is initiated, may
apologize before the court at any situation before delivering judgment by the
Court. The Court may, if the court is satisfied with such apology, stop the
proceeding of the case.
(6) Notwithstanding anything contained in this Section elsewhere, if the
person, proved as an offender of contempt of court, apologizes to the
satisfaction of the Court, the Court may not execute the punishment, reduce or
change in punishment or issue an order with effect of non-execution of the
sentence, if the conditions are complied with by the accused.
18. Finality of decisions of the Court: (1) Except as otherwise provided in this
Act or in the prevailing laws, any decision made by a Court, body or authority
in a case shall be final and binding to all the parties to the case.
(2) Except as otherwise provided in this Act or in the prevailing laws, any
case once decided by the Court, body or authority shall not be retried by the
same Court, body or, authority, nor shall any amendment be made to such
decision or order affecting the judgment.
(3) Notwithstanding anything contained in Sub-Section (2), the minor error
made in typing or writing can be corrected by executing a separate memo
subject not to make substantial difference in the judgment.

Chapter-4 Provision on Transfer the Case

Chapter-4 Provision on Transfer the Case
19. Power to withdrawal and settlement of the case:

The Supreme Court shall have the power to withdraw and hear the case having under consideration in
High Court in the situation as specified in Sub-Article (1) of Article 134 of the Constitution.

20. Power to Issue Order to transfer the case:

(1) The Supreme Court may, in the situation as specified in Sub-Article (2) of Article 134 of the Constitution,
issue order to hear the case having under consideration in one High Court by transferring it into another High Court.
(2) The High Court may, in the situation as specified in Sub-Article (2) of Article 145 of the Constitution, issue order to hear the case having under consideration in one District Court by transferring it into another District
Court.
(3) The decision, whether or not the situation to transfer the case pursuant to Sub-Section (1) or (2) is existed, shall be made in accordance with the information acquired from inspection report of concerned court, application of
concerned parties of the case or any other means.

Chapter-5 Provision on Inspection

Chapter-5 Provision on Inspection
21. Provision on Inspection:

(1) Each Court hearing appeal shall, at least once a year, inspect its subordinate courts, judicial or quasi-judicial body or the authorities by deputing its own judge.
(2) While carrying out inspection in accordance with Sub-Section (1), the act of inspection shall be done to the cases pending with the concerned Court, body or authority and the cases heard and settled by such a Court, body or
authority.
(3) While carrying out inspection in accordance with Sub-Section (2), in- particular case-files relating to following cases shall be inspected. (a) Cases wherein a person is detained for trial,
(b) Some cases, out of the cases being settled finally in absence of appeal,
(c) Cases where any children, women or disabled, suffered by mental illness or the person crossed the age of seventy five years are involved as a party of the case,
(d) Cases where any question of public concern or interest is involved therein.
(e) Case, where any incapable person is involved as the party of the case
(4) While carrying out inspection in according to this Section, the act of inspection shall be done in following aspects:
(a) Whether or not the execution of judgments has been performed in the time,
(b) Whether or not the orders and directives issued by superior Courts have been carried out, and
(c) Whether or not the proceeding in the sub judice cases are being performed satisfactorily.
(5) While carrying out inspection or enquiry in accordance with Sub-Section (2), (3) or (4), in case it is found that any act supposed to be performed has not been performed and the act supposed to be not performed has been performed, the inspecting Judge shall issue order on the spot to do as per the law.
Provided however that if the order, issued to the defendant to make presence on the appointed dates or furnish guarantee or be kept under detention for trial (Thunchhek Aadesh) in criminal case, where the
Government of Nepal is the party, is required to be quashed, report shall be given to the court hearing appeal of the inspected court and send to concerned court to do as per the order of said court.

(6) The inspecting judge may also make inquiries with the employees of the
Court, body or authority being inspected with the parties to the cases present
in the Court, body or authority, the legal practitioners and other related
persons with respect of the acts and actions of the concerned Court, body or
authority and ask for their suggestions and comments thereon.
(7)The inspecting judge shall, by preparing report of inspection and evaluation
after the completion of the act of inspection, send an inspection report to the
Supreme Court, the concerned court hearing appeal and the Secretariat of
Judicial Council, where the inspection of a Court has been made. The report
shall be submitted to the Supreme Court, the court hearing appeal, concerned
Ministry and concerned body of state government having authority to take
action, where the inspection of judicial or quasi-judicial body or authority has
been made.
(8) The Judicial Council or the body receiving such report shall, after
receiving inspection and evaluation report submitted as per the Sub-Section
(7), take action in the issues as mentioned in the report by carrying out
necessary enquiry as quick as possible and such action shall also be a criterion
of evaluation for career development of concerned official.
22. Casual inspection: (1) The Supreme Court may, by making deputation of the
Judge of own Court, perform a casual inspection of any High Court and
District Court, the High Court may, by making deputation of the Judge of own
Court, perform such inspection of any subordinate District Court or office of
the judicial or quasi-judicial body or authority and the District Court may, by
making deputation of the Judge of own Court, perform such inspection of
judicial activities of body or authority being heard the appeal by such District
Court.
(2) The Judge carried out the act of inspection in accordance with Sub-Section
(1) shall submit the inspection report before the Supreme Court, the Judicial
Council and concerned High Court by depicting the fact found in the course of
inspection and in respect of the inspection of the office of the quasi-judicial
body or authority, such report shall also be submitted before concerned
Ministry and concerned body of state government having authority to take
action.
(3) The Supreme Court may depute any justice of the Supreme Court or any
Judge of the High Court or District Court to perform a casual inspection of the
activities of any-body or authority with respected to the case.
(4) The Justice or the Judge deputed to perform the act of inspection in
accordance with Sub-Section (3) shall, after completion of the act of
inspection, prepare the report of inspection and evaluation and submit before
the Supreme Court and concerned Ministry and concerned body of state
government having authority to take action.
23. To Write for action: (1) If any action or legal proceeding is required to be
taken against any judge or officer from the report of inspection conducted
under this Act due to his/her mistaken or failure to perform any act required to
be done in the course of hearing case, the Supreme Court shall write thereof
with reason and base of such action to the Judicial Council or the concerned
Ministry.
(2) Notwithstanding anything contains in Sub-Section (1), the Judicial Council
or concerned body may, on the basis of inspection report submitted before it,
initiate action or legal proceeding against concerned Judge or officer by
giving reason and base of such action.
24. Enquiry can be initiated: (1) The Chief Justice may, If she/he believes that
any employee working in the Court has performed any irregularity in the
function to be performed from the Court or received any complaint or
information in this regard, depute to any gazette officer working in the Court
for investigation.
(2) The officer, deputed for investigation in accordance with Sub-Section (1),
shall submit report before the Chief Justice with his/her opinion by
mentioning details of the activities occurred with this regard within seven
days from the date of assign work.
(3) If any irregularity of any employee has been found by the report received
in accordance with Sub-Section (2), it shall be written to concerned body or
authority to initiate necessary action

Chapter-6 Miscellaneous

Chapter-6 Miscellaneous
25. Provision on Camera Court:

(1) The case to be heard from Camera Court as per the prevailing laws shall be heard in Camera Court.
(2) Other provision relating to Camera Court shall be as prescribed.

26. Special Provision relating to hearing of the petition of Habeas Corpus:

(1) If the Court is to remain closed for Three or more days, a judge as hereunder shall be designed to accept and hear petition of habeas corpus during the period of closure:-
(a) With regard to Kathmandu Valley, the Justice of Supreme Court as deputed by the Chief Justice,
(b) With regard to the District locating High Court and District Court, the Judge of concerned High Court deputed by the Chief Judge of the High Court,
Clarification: For the purpose of this part “High Court” shall also means the location (Mukam) of High Court.
(c) In other place excluding Part (a) and (b), where District Court is located, the Judge of concerned District Court and if there are more than one District Judges in such District, the District Judge assigned by the District Judge working as a Chief of the District Court.
(2) Notwithstanding anything contains in this Act or other prevailing laws, the Judge assigned in accordance with Sub-Section (1) may issue appropriate order by hearing over the petition filed before concerned Court during the
period such closure the Court and concerned authority shall implement such order even in the time of holiday,
(3) The place to filing petition in accordance with this Section and hearing accordingly shall be as determined by the Judge as prescribed in accordance with Sub-Section (1).

27. To Issue Search Warrant:

(1) The Court may, in order to make assure the reality of fact, issue search warrant in following situation in the course of proceeding over the petition of habeas-corpus:-
(a) If there is any reason to make assure to the Court that the detainee has been detaining in inhuman manner or illegal torture has been given to him/her, or
(b) If the petitioner shows any reason to make assurance to the Court that it is necessary to issue search warrant due to possibility of transfer of the detainee in another place with intention to elude the order of the
Court, or
(c) If the Court considers that it is necessary or appropriate to issue order of search warrant due to any other similar reasons.
(2) The Court may, while issuing search warrant in accordance with Sub- Section (1), issue an order in the name of its subordinate officer or staff or any incumbent officer or employee of the Government of Nepal to produce the
detainee before the court by carrying out search in any place where detainee is said to be detained or any other suspicious place or places where the detainee is kept under imprisonment. The Court may, if it deems necessary or
appropriate while issuing such order, constitute a search team comprising said employee and person representing the petitioner including office bearer of local body and give the power to the team carry out the act of searching.
(3) The person or team, getting order for searching in accordance with Sub- Section (2), shall search the detainee as per the direction of the Court and if the detainee is identified, the assigned person or team shall submit the report
with the detainee before the court immediately.
(4) If there is reasonable ground to believe that the officer or employee, authorized to carry out the act of searching in accordance with Sub-Section
(2), couldn’t know the detainee, the Court may issue order to any other person to provide support in the act of execution of the search warrant.
(5) If the Court deems necessary to identify the clear fact with regard to the detention by the Court itself or any other sub-ordinate court in order, it may examine the evidence to identify clear fact with regard to the petition of
habeas corpus.

28. Acts to be performed by judge himself or herself:

(1) The judge shall himself or herself perform the act of making decision or issuing order and
recording the statement of parties or witness to the case.
Provided however that there shall be no any obstruction to the Judge to write or offer him or herself and may get the document of judgment or order scribed or typed by an employee of the Court and the judge shall, during the recording of statement of parties or witness, ask the questions by him or herself, and
may get such questions and the answers scribed by an employee of the Court.
(2) Notwithstanding anything contained in Sub-section (1), during the absence of the judge, the Shrestedar (Registrar) of the District Court may record the statement of parties or witness and issue order relating to detention of the accused pending the trial, or release him or her on bail or on recognizance to appear on the appointed date.
(3) The Judge shall, upon his or her resumption of duty in the Court, review the orders issued pursuant to Sub-section (1), and, if such order is found to be against the due process of law, shall rectify them to accord with the
procedures of law.

29. Deemed to be established the District Courts and Posting in the Post of District Judge (1) The District Courts existing at the time of commencement of this Act shall be deemed to have been established under this Act.
(2) The District Judges working in the District Courts existing at the time of commencement of this Act shall be deemed to have been ipso-facto posting in the same District Court. 30. Dissolution of Courts of Appeal: The Courts of Appeal existed at the time of commencement of this Act shall be ipso-facto dissolved after commencement
of this Act.

31. Transfer of cases: (1) Cases, appeal, petitions and reports filed and pending
in the District Courts at the time of commencement of this Act shall be ipso-
facto transferred to the District Courts established after the commencement of
this Act.
(2) If the territory of any District has been divided into two Provinces in
accordance with the Constitution at the time of commencement of this Act,
cases to be tried and settled or hearing appeal by the District Court pursuant to
this Act and prevailing laws under such District shall be heard by the District
Court as prescribed by Government of Nepal in consultation with Judicial
Council by issuing notice in Nepal Gazette until confirmation of border of
such District. An appeal over the judgment of such District Court or the
decision made by the body or authority, as per the prevailing laws, shall lie in
High Court to hearing the appeal of said District Court.
(3) Notwithstanding anything contains in Sub-Section (1), if territory of any
District is changed and merged in other District in accordance with the
Constitution, cases, petitions and reports pending at that District Court shall
be transferred in the District Court as prescribed by Government of Nepal in
consultation with Judicial Council by issuing notice in Nepal Gazette.
(4) Cases, appeal, petitions and reports filed and pending in the Court of
Appeal at the time of commencement of this Act shall be transferred to the
High Courts as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.
(5) If jurisdiction of any High Court or District Court is changed due to
changing border of any Province by merging the Province into any other
Province after commencement of this Act, cases, petitions and reports pending
at that High Court or District Court shall be transferred in the High Court or
District Court as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.

32. To lie Appeal: If any judgment, decision or final order made by judicial, quasi- judicial body or authority during the commencement of this Act was appealable before the Court of Appeal as per the law of enforced in that time,
such appeal shall, after the commencement of this Act, lie in the High Court.

33. Petition or Appeal over the Decision of Court of Appeal: (1) If a petition for leave of appeal may be made in the Supreme Court, against the judgment or final order of the Court of Appeal, made prior to the commencement of this
Act, such a petition for leave of appeal may be filed after the commencement of this Act in the Supreme Court according to the prevailing laws.
(2) If a petition for revision may be made in the Supreme Court, against the judgment or final order of the Court of Appeal, made prior to the commencement of this Act, such a petition may be filed after the commencement of this Act in the Supreme Court according to the prevailing laws.

34. Files, documents or details on cases to be sent:

(1) If an order, for the sake of evidence in a case, is issued by a Court, judicial or quasi-judicial body or
authority to send or submit to it any file, document or any fact relating thereto or an explanation or response is demanded, the office so addressed shall comply with such order within the reasonable time.
(2) If, any office failed to send case file, document or reply as demanded by the Court in accordance with Sub-Section (1) within the time limit as prescribed by the prevailing laws or as specified by the Court, the Court may
impose punishment of a fine of One Thousand Rupees to Ten Thousand  Rupees for each count thereof, on the chief or employee of the concerned office.
(3) Notwithstanding anything contains in Sub-Section (2), after the order of punishment is issued, if the chief or employee of the concerned office makes petition that such punishment should not have been imposed, stating the
reasons for being unable to comply with the order, and on being satisfied with such reasons, the Court may reduce the amount of fine or cancel the order of the punishment.

35. Powers to issue direction:

(1) The Chief Justice may, for the efficient management and performance of the judicial administration, issue required direction to any subordinate Court, body or authority in written form.
(2) The Chief Judge of concerned High Court may, for the efficient management and performance of the judicial administration, issue required direction to any subordinate District Court, body or authority in written form.
(3) The subordinate Court, body or authority shall have the duty to abide by such direction issued pursuant to Sub-Section (1) or (2).

36. Powers to frame Rules:

(1) The Supreme Court may frame necessary Rules in order to implement of this Act. Such rules shall come into force after their publication in the Nepal Gazette.
(2) Without any prejudice to the generality of the powers conferred by Sub- section (1), Rules may be framed on the following matters in addition to the matters as mentioned in this Act elsewhere:
(a) Provisions relating to the exercise of jurisdiction of the High Court by the Bench consisting of one or more judges,
(b) Procedures for filing complaint, appeal or petition in the Court other than the Supreme Court, fees relating thereto and other matters relating to procedures in the cases,
(c) Provision on granting approval to review the case,
(d) Conditions and situations for transferring or extradite of cases from one Court to other Court,
(e) Methods of collecting records and statistics relating to the performance of the judges of the Courts.
(f) Other matters relating to the proceedings of the administration of justice.

37. Conversion: Conversion has been made by mentioning following terminologies in place of following terminologies remained in prevailing law.
(a) “High Court” in place of the term of “Court of Appeal”,
(b) “Judge of High Court” in place of the term of “Judge of Court of Appeal”

38. Repeal and saving:

(1) Following Acts are hereby repealed.
(a) Administration of Justice Act, 2048 (1991),
(b) Supreme Court Act, 2048 (1991)
(2) Any acts done and actions taken under the Acts repealed pursuant to Sub- section (1) shall be deemed to have been done and taken under this Act.

An Act to Regulate and Control International Trade in Endangered Wild Fauna and Flora

An Act to Regulate and Control International Trade in Endangered Wild Fauna and Flora
Preamble: Whereas it is expedient to make necessary legal provisions for conservation of various species of the endangered fauna and flora in order to implement the Convention on International Trade in Endangered Species of
Wild Fauna and Flora, 1973 to which Nepal is a party and for regulation and control of international trade thereof;
it enacted by the Legislature-Parliament referred to in clause (1) of Article 296 of the Constitution of Nepal

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short Title, Extension and Commencement:

(1) This Act may be cited as “(the) Control of International Trade of Endangered Wild Fauna and Flora
Act, 2017.”
(2) This Act shall come into enforcement throughout Nepal and shall apply also to persons committing an act that is deemed to be an offence under this Act living anywhere outside Nepal.
(3) This Act shall come into force at once.
2. Definitions: Unless the subject or context requires otherwise, in this Act,-
a) “License” means a license issued pursuant to sub-Section (1) of Section 6 and sub-Section (3) of Section 8.
b) “Investigation Officer” means an investigation officer referred to in Section 23.
c) “Specified” or “as specified” means specified or as specified in the Rules framed under this Act.

d) “Threatened wild fauna or flora” means any species or sub- species of any fauna or flora referred to in Appendix -1 to the Convention.
e) “Specimen” means the following matters:
1) Body of any endangered wild fauna, dead or alive, or any part of body, portion, blood, teeth, saliva, bone,
hide, fur, horn, or any substance or any derivatives made or prepared or used from mixture of such
substance of such fauna; and
2) Any endangered flora or any part thereof, piece, trunk, branch, leave, fruit, flower, seed, bark, root or any
substance or goods made or prepared or used from mixture of such substance of such flora.
f) “Export” means an act of exporting out from Nepal and also includes re-export.
g) “Captive breeding” means carrying out ex situ conservation of endangered wild fauna and producing the first generation of such species by breeding process for protection of genes
of such species or carrying out ex situ conservation of endangered wild flora and producing seeds or planting,
rearing seedlings of such species for protection of genes of such species.
h) “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) concluded on March 3, 1973 at Washington D.C., the United States of America.
i) “Vulnerable wild fauna or flora” means any species or sub- species of the wild fauna or flora referred to in Appendix -2 to the Convention.
j) “Scientific Authority” means the Scientific Authority referred to in Section 18.
k) “Management Authority” means the Management Authority referred to in Section 16.
l) “Endangered wild fauna or flora” means a threatened wild fauna or flora; vulnerable wild fauna or flora; and protected wild fauna or flora.
m) “Warden” means a person designated by Government of Nepal for conservation and management of a national park, wildlife reserve, protected area or buffer zone.
n) “Protected wild fauna or flora” means a species or sub- species of the wild fauna or flora referred to in Appendix -3
of the Convention.
o) “Organization” means a corporate body formed according to the law in force with the objective of carrying out functions relating to wild fauna or flora.

Chapter-2 Provisions concerning Transactions of Endangered wild fauna or flora or  specimen thereof

Chapter-2 Provisions concerning Transactions of Endangered wild fauna or flora or  specimen thereof
3. Prohibition on Trade or Transaction of Threatened or Vulnerable wild fauna
or flora or specimen thereof:

(1) No person shall purchase, sell, possess, use, plant, rear, captive breed, transport or import or export or cause to be done  so a threatened or vulnerable wild fauna or flora or a specimen thereof.
(2) Notwithstanding anything contained in sub-Section (1), a threatened or vulnerable wild fauna or flora or a specimen thereof may be purchased, sold, possessed, used, captive breaded, transported, imported
or exported for the purposes as fallows, having obtained a license pursuant to Section 6 and subject to the prescribed terms and conditions:-
a) To rear wild fauna;
b) To plant and rear plants;
c) To produce or purchase or sell within the country or outside the country wild fauna or flora or a specimen
thereof;
d) To use for the purpose of studies, researches, experiment, trainings, exhibitions, conservation
education, genetic resource conservation or for academic purposes.

4. License to be requested: Any person, organization or agency willing to carry  out any act referred to in sub-Section (2) of Section 3 shall have to request for a license from the Management Authority.

5. Advice to be required:

(1) In case of request for a license made pursuant to Section 4, the Management Authority shall ask for advice along with recommendation from the Scientific Authority.
(2) In case advice along with recommendation is sought pursuant to sub-Section (1), the Scientific Authority shall conduct study on the matter, and, if it is confident that the grant of such a license will not be
detrimental to the existence of the threatened or vulnerable species of wild fauna or flora in Nepal, it may make recommendation to the Management Authority to grant such a license.
(3) The procedures to be followed while making recommendation by the Scientific Authority pursuant to sub-Section (2) shall be as prescribed.

6. License may be granted: In case recommendation is received from the Scientific Authority pursuant to Section 5 and in case the Management Authority is satisfied that the following situation prevails, it may issue a
license to the person, organization or agency making the request as prescribed:-
a) In case such wild fauna or flora or a specimen thereof is in the ownership or control of the person,
organization or agency seeking a license, for the business other than those of import;
b) In case the such wild fauna or flora or a specimen thereof is found to have been acquired according to
the prevailing law by the person, organization or agency seeking a license for the business other than
those of import;
c) In case of submission of certificate of good health of such wild fauna or flora or a specimen thereof;
d) In case of living wild fauna, if there are appropriate and adequate provisions made for its transportation
and there are grounds to believe that no chances of sustaining any injury or wound or causing damage to
its health are there or it would not be treated in cruel manner;
e) In case a license or a letter of intent to issue a license is received from the authorized agency of the country
to which such wild fauna or flora or a specimen thereof is intended to export; or a license or a letter of
intent to issue a license for export is received from the authorized agency of the country from which such
wild fauna or flora or a specimen thereof is intended to import to Nepal;
f) In case it seems that such wild fauna or flora or a specimen thereof will be used only for the purpose for
which it is imported to Nepal and that it will not be used for commercial purpose;
g) In case a letter of assurance is received from the authorized agency of the country to which such wild
fauna or flora or a specimen thereof is intended to export to the effect that it will not be used for
commercial purpose.
(2) In order to be assured of the situation referred to in sub-Section (1), the Management Authority may seek for any original document or a copy thereof as may be necessary and, if it is so sought the concerned
person, organization or agency shall submit the documents accordingly.
(3) While granting a license pursuant to sub-Section (1), the Management Authority may specify necessary terms and conditions in the license as to the use, management, rearing, conservation, habitat, means of transportation or routes of such wild fauna or flora or a specimen thereof and it shall be the duty of the concerned person,
organization or agency obtaining a license to comply with such terms and conditions.
(4) The person, organization and agency obtaining the license shall use or cause to be used the wild fauna or flora or a specimen thereof only for the purpose for which a license has been granted.
(5) The license granted under this Section shall be valid only for the purpose of the person, organization and agency who has obtained it and it shall not be transferred to any other person, organization and
agency for use.
(6) In case a person, organization or agency obtaining the license commits any act in contravention of sub-Sections (3), (4) or (5), the Management Authority may revoke the license at any time having followed the procedures as prescribed.
(7) Matters concerning the period of validity a license, its renewal, applicable fees and revocation shall be as prescribed.

7. Threatened species of wild fauna or flora or specimen thereof to be deemed:
Notwithstanding anything contained elsewhere in this Act, the following wild fauna or flora or a specimen thereof produced by any person, organization and agency through ex-situ conservation as prescribed having
obtained a license pursuant to sub-Section (1) of Section 6 shall be deemed to be the threatened species of the wild fauna or flora or a specimen thereof:-
a) The first generation (F1 generation) produced from a threatened wild fauna or a specimen thereof used as
seed by way of captive breeding or a wild fauna or a specimen thereof produced thereafter having obtained
license for that purpose;
b) The flora or a specimen thereof propagated or produced through artificial propagation or production
from a threatened flora or a specimen thereof being used as seed according a license;
Provided that the wild fauna or flora or a specimen thereof used as seed for producing such wild fauna or flora according to license shall be deemed to be a threatened wild fauna or flora or a specimen thereof.

8. Transaction of protected wild fauna or flora may be made:

(1) A person, organization or agency willing to rear a protected wild fauna or to plant or raise a protected wild flora or to possess, use, produce, trade as a seeds, transport or export or import such a wild fauna or flora or a specimen thereof shall have to obtain a license.
(2) A person, organization or agency willing to obtain a license shall pursuant to sub-Section (1) submit an application to the Management Authority as prescribed.
(3) In case of submission of an application pursuant to sub-Section (2), the Management Authority may, in case it is confident of the following facts while carrying out inquiry and in consultation with the Scientific Authority, grant a license for any or all of the purposes referred to in sub-Section (1) as prescribed:-
a) In case such wild fauna or flora or a specimen thereof is found to be under the ownership of the person,
organization or agency requesting for the license, except the license for import;
b) In case such wild fauna or flora or a specimen thereof is found to have been acquired by the person,
organization or agency requesting for the license according to the law in force, except the license for
import;
c) In case there are adequate provisions made for transportation of living wild fauna and there are
reasons to believe that no wounds or injuries would be sustained or damage is caused or no cruel treatment
would be made to such fauna while carrying it.
(4) While granting a license pursuant to sub-Section (3), the Management Authority may prescribe conditions as may be necessary for the methods of keeping, using, feeding, planting and rearing or producing
such wild fauna or flora or a specimen thereof and for routes, means of transportation, habitat and for other necessary matter in order to carry out for trade in, transportation, or export or import of such wild fauna or
flora or a specimen thereof; and it shall be the duty of the concerned license-holder person, organization or agency to comply with such conditions.
(5) In case of non-compliance of the conditions referred to in sub- Section (4), the Management Authority may at any time revoke such a license.
(6) Other matters concerning the period of the license, renewal, revocation, fees, and other procedures thereof shall be as prescribed.

9. Certificate of Origin and Export Permission to be required: Notwithstanding anything contained in Section 8, while importing a specimen of any protected wild fauna or flora, the certificate of origin and export license of the country getting such species of wild fauna or flora included in Appendix -3 of the Convention shall be required.

10. Special Provision concerning re-export:

(1) No threatened wild fauna or flora or a specimen granting thereof once imported to Nepal shall be re- exported without a license for re-export under this Section.
(2) A person, organization or agency willing to re-export a threatened wild fauna or flora or a specimen thereof pursuant to sub- Section (1) shall have to submit an application to the management agency.
(3) In case of filing of an application pursuant to sub-Section (2) and in case the endangered wild fauna or flora or the specimen thereof intended to re-exports found to have been imported to Nepal under this Act or the law in force, the Management Authority may issue a license to re-export such a wild fauna or flora or the specimen thereof having
fulfilled the procedures referred to in Sections 6 or 8.

11. No Risks to Existence of Fauna or Flora:

(1) Notwithstanding anything contained in sections 6, 8 and 10, a license shall be granted only after
ensuring that the wild fauna or flora or specimen thereof shall be used only for the purpose for which the license has been granted and that it would not cause extinction or pose further threat or danger to the survival  of such wild fauna or flora.
(2) Once a license is granted under this Act to carry out transaction of a endangered wild fauna or flora or a specimen thereof, the Management Authority or the authority designated by it shall have to  conduct regular monitoring or surveillance as to how such a wild fauna or flora or a specimen thereof is being used by the person, organization or
agency so licensed.
(3) While carrying out monitoring or surveillance pursuant to sub- Section (2), in case the person, organization or agency being granted the license is found to have been using the threatened wild fauna or flora or a
specimen thereof in contravention to the terms and conditions of the license, the agency carrying out such monitoring or surveillance may at any time forfeit or take into custody such a wild fauna or flora or specimen thereof.
(4) In case the person obtaining the license has exported a endangered wild fauna or flora or a specimen thereof, the Management Authority or an agency designated by such as Authority shall, for the purpose of this Section have to maintain regular contact with authorized agency of the concerned foreign country.

12. To have become a state party to Convention: Notwithstanding anything contained elsewhere in this Chapter, a license shall be granted to export an endangered wild fauna or flora or a specimen thereof only to a state
that is a party to the Convention

Chapter-3 Provisions concerning Registration of the Endangered wild fauna or flora or specimen thereof

Chapter-3 Provisions concerning Registration of the Endangered wild fauna or flora or specimen thereof
13. Endangered species of wild fauna or flora to be registered:

(1) In case at the time of commencement of this Act, one who has retained or used any living species of endangered wild fauna or flora or planted and reared any endangered plant or rearing any endangered wild fauna or flora or has
domesticated it and used it with or without obtaining a license for the  purpose of study, research, experiment, training, demonstration,  conservation education, bio-researches conservation, education or any
other propose the concerned person, organization or agency shall have to submit an application to the Management Authority for registration of such wild fauna or flora within a period of one year from the data of
commencement of this Act.
(2 In case of submission of an application pursuant to sub-Section (1), if the Management Authority is confident of the fact that such wild fauna or flora has been retained or used without prejudice to the law in
force, it shall register such wild fauna or flora as prescribed and a certificate of registration shall be issued to the concerned person, organization or agency.
(3) The wild fauna or flora retained or used without fulfilling the procedures under this Section shall be confiscated as prescribed.
(4) The period of validity, renewal, registration fee and other matters for the certificate to be issued under this Section shall be as prescribed.

14. Imported endangered wild fauna or flora or specimen thereof to be registered:

(1) An endangered wild fauna or flora or a specimen thereof imported to Nepal under this Act or Rules framed hereunder shall be registered as prescribed.
(2) For registration of the wild fauna or flora or specimen thereof referred to in sub-Section (1), the concerned person, organization or agency shall, within thirty five days from the date of import of such wild
fauna or flora or specimen thereof, have to submit an application to the Management Authority having attached copies of the following documents :-
a) A license issued by the authorized agency of the concerned country for export of such wild fauna or
flora or a specimen thereof;
b) A certificate of origin of such wild fauna or flora or specimen thereof; c) A license issued by the Management Authority for import;
d) A memo substantiating customs clearance;
e) A certificate of healthiness of specimen of such wild fauna or flora of sample thereof.
(3) Upon conducting necessary inquiry into the application filed pursuant to sub-Section (2), if it is found that such wild fauna or flora or sample has been imported according to this Act or Rules framed hereunder the Management Authority shall register such wild fauna or flora or a specimen and issue a certificate to the concerned person,
organization or agency as prescribed.

15. Not to Transfer:

(1) No title of the endangered wild fauna or flora or a specimen thereof registered pursuant to Section 13 or 14 shall be disposed off or transferred owner without permission of the Management  Authority or the designated authority.
(2) The matters concerning the granting of permission for transfer of title or change of ownership of an endangered species of wild fauna or flora or specimen thereof pursuant to sub-Section (1) shall be as prescribed.

Chapter-4 Provisions concerning Management Authority and Scientific Authority

Chapter-4 Provisions concerning Management Authority and Scientific Authority
16. Management Authority:

(1) For the purpose of this Act, the following agencies shall be regarded as the Management Authority:
a) The Department of National Parks and Wildlife Conservation in regard to wild fauna or specimen
thereof;
b) Department of Forests in regard to wild flora or specimen thereof
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal may, by a notification published in the Nepal gazette, specify any particular agency as the Management Authority in
regard to any particular wild fauna or flora or a specimen thereof.

17. Functions, Duties and Powers of Management Authority: In addition to those referred to elsewhere in this Act, the functions, duties and powers of Management Authority shall be as follows:-
a) To monitor regularly whether or not export or import of endangered species of wild fauna or flora or a specimen
thereof is being carried out under this Act or Rules framed hereunder;
b) To revoke a license in case a licensee person organization or agency violates this Act or Rules framed hereunder or the conditions referred to in the license;
c) To conduct studies and researches on the endangered wild fauna or flora and to disseminate or cause to be disseminated information on it;
d) To prepare periodic report on the policy, institutional and legal measures to be taken for the implementation status of the Convention;
e) To carry out such other acts as prescribed.

18. Scientific Authority:

(1) For the purpose of this Act, the following agencies shall be regarded as the Scientific Authority:-
a) Natural History Museum, Tribhuvan University in case of wild fauna or specimen thereof;
b) Department of Plants Resources in case of wild flora or specimen thereof.
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal may, by a notification published in the Nepal gazette, specify any particular agency as the Scientific Authority in case
of any particular wild fauna or flora or a specimen thereof.

19. Functions, Duties and Powers of Scientific Authority: In addition to those referred to elsewhere in this Act, the functions, duties and powers of the  Scientific Authority shall be as follows:-
a) To render necessary advices to the Management Authority having conducted regular studies and researches on the
existence of the endangered species of wild fauna or flora available with in Nepal and to publish report of such studies and researches as may be necessary;
b) To issue a certificate of health soundness of the endangered species of wild fauna or flora;
c) To make available advices and opinion to the Management Authority on endangered species of wild fauna or flora as may be necessary;
d) To decide on introduction, identity and classification of various types of endangered species of wild fauna or flora;
e) To conduct or cause to be conducted publicity on the scientific and technical aspects of endangered species of
wild fauna or flora;
f) To maintain coordination among various agencies related to the Convention for conservation of endangered wild fauna or flora;
g) To carry on such other acts as prescribed.

Chapter-5 Offences and Punishment

Chapter-5 Offences and Punishment
20. Offences deemed to be committed: In case anyone commits any of the following acts, shall be deemed to have committed an offence under this Act:-
a) Purchasing, selling, possessing, using, rearing, planting, upbringing, captive breeding, transporting, importing or
exporting a threatened or vulnerable wild fauna or flora or a sample thereof or cause to do so in contravention of Section 3;
b) Purchasing, selling, possessing, using, rearing, planting, upbringing, captive breeding, transporting, importing or
exporting a protected wild fauna or flora or a specimen thereof or cause to do so in contravention of Section 8;
c) Failing to register an endangered species of a wild fauna or flora or a specimen thereof pursuant to Section 13 or 14;
d) Transferring title or changing ownership of an endangered species of a wild fauna or flora or a specimen thereof
pursuant to Section 15;
e) Committing any act in contravention of this Act or Rules framed hereunder, other than those referred to in clauses (a), (b), (c) and (d).
21. Punishment: Whoever commits the following offences shall be liable to the punishment as follows:-
a) Whoever commits any offence pursuant to clause (a) of Section 20 with regard to a threatened wild fauna or
a specimen thereof shall be liable to a punishment with imprisonment from five years to fifteen years or
with a fine from five hundred thousand rupees to one million rupees or with both based on the degree of the
offence committed and whoever commits the offence with regard to a threatened wild flora or a specimen
thereof shall be liable to a punishment with imprisonment from one year to five years or a fine
from one hundred thousand rupees to five hundred thousand rupees or the both based on the degree of the
offence committed;
b) Whoever commits any offence pursuant to clause (a) of Section 20 with regard to a vulnerable wild fauna or
a specimen thereof shall be liable to a punishment with imprisonment from two years to ten years or with
a fine from one hundred thousand rupees to five hundred thousand rupees or with both; and whoever
commits the offence with regard to a vulnerable wild flora or a specimen thereof shall be liable to a
punishment with imprisonment from six months to one year or with a fine from fifty thousand rupees to
one hundred thousand rupees or the both based on with degree of the offence committed;
c) Whoever commits any offence pursuant to clause (c) of Section 20 with regard to a protected wild fauna or
a specimen thereof shall be liable to a punishment with imprisonment from one year to five years or with
a fine from twenty thousand rupees to one hundred thousand rupees or the both; and whoever commits an
offence with regard to a protected flora or a specimen thereof shall be liable to a punishment with
imprisonment from one month to six months or with a fine from one thousand rupees to fifty thousand rupees
or with both based on the degree of the offence committed;
d) Whoever commits an act in contravention to clauses (c) and (d) of Section 20 shall be liable to a
punishment with fine from fifty thousand rupees to one hundred thousand rupees based on the degree of
the offence committed;
e) Whoever commits an act in contravention to clause (e) of Section 20 shall be liable to a punishment with fine
from one thousand rupees to twenty five thousand rupees based on the degree of the offence committed;
f) Whoever assists, abets incites in any manner or attempts to commit of any offence under this Act shall
be liable with half of the punishment to which the principal offender is liable.
(2) The accomplice who abets or assists in any manned to commit of any offence under this Act shall be liable with half of the punishment to which the principal offender is liable.
(3) Whoever causes obstruction in the investigation of an offence under this Act shall be liable to a punishment with imprisonment not exceeding three months or with fine of five thousand rupees or with both.

22. To be confiscated: The endangered wild fauna or flora or a specimen thereof or other goods related to an offence under this Act or any material, weapon or transport vehicle used in the commission of such offence shall be confiscated.

Chapter-6 Investigation and Filing of Cases

Chapter-6 Investigation and Filing of Cases
23. Investigation Officer:

(1) The powers to investigate an offence under this Act shall be vested in the concerned warden or an employee of officer rank designated by him or her in case of a national park, reserve, conservation area and buffer zone and the district forests officer or an employee of officer rank designated by him or her in case of a district
having the district forests office and an officer rank employee designated by Government of Nepal in case of a district having no district forests office.
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal may, by a notification published in the Nepal gazette form a joint investigation team for investigation of an offence under this Act or may designate any officer to investigate such an offence.
(3) The investigation officer or team formed pursuant to sub- Section (1) or (2), as the case may be, may exercise the following powers while investigating the offence:-
a) To arrest the accused person then and there and to take necessary actions;
b) To conduct or cause to be conducted search at any office, house, building, ware house, transport vehicle,
or any other place according to the laws in force in the course of carrying out investigation of an offence
under this Act or in collecting evidence ;
c) To seize the endangered wild fauna or flora or a specimen thereof related to an offence under this Act
or any material, weapon or transport vehicle used in the commission of such offence;
d) To exercise while investigating an offence, necessary powers as in the capacity of an investigation officer
according to the laws in force.
(4) The Investigation Officer shall, while carrying out investigation under this Act, have the powers as of a police officer under the law in force, with regard to the investigation functions such as taking statements from the accused persons, preparing the cognizance deeds and so on.
(5) It shall be the duty of the security agencies to extend necessary cooperation in investigation works to be carried out under this Act.

24. Accused Person may be remanded to custody:

(1) The investigation officer may in case there are adequate reasons for any person who has been taken actions under this Act to loss or destroy any evidence or to cause any obstruction or hindrance in the investigation, put him or her in custody having issued an arrest warrant according to the law in force specifying therein the reasons there for.
(2) Notwithstanding anything contained in sub-Section (1), in case any accused person has to be keep into custody, such a person shall be kept into custody only after having presented him or her before such authority and having obtained a permission from the authority   adjudicating the case within a period of twenty four hours of the arrest.
(3) In case of request for permission to keep in custody pursuant to sub-Section (2), the authority adjudicating the case shall have to consider whether or not the investigation is going on satisfactorily and shall permit
to keep one in custody not exceeding thirty days at a time and not exceeding ninety days in total.

25. Filing of a Case:

(1) Government of Nepal shall be a plaintiff in the case related to an offence under this Act.
(2) Upon completion of investigation of an offence under this Act, the investigation officer shall have to refer the case file to the concerned government attorney for the opinion whether or not to prosecute the case, if the government attorney decides to prosecute the case, the investigating authority shall file the case.
26. Court to Try the Cases: The concerned District Court shall have the jurisdiction to adjudicate the case under this Act.

Chapter-7 Miscellaneous Provisions

Chapter-7 Miscellaneous Provisions
27. Extraordinary Powers of Government of Nepal:

(1) Notwithstanding anything contained in sections 3 and 8, Government of Nepal may make available one couple of any endangered species of wild fauna or a specimen thereof or prescribed number or quantity of endangered species
of wild flora in one fiscal year to the country which supports in conservation of endangered species of wild fauna or flora or makes available technical cooperation in the efforts of Government of Nepal, in studies and researches in those areas on the request of such a country for the purpose of studies and research and as a token of goodwill of Nepali peoples and Government of Nepal.
(2) Government of Nepal shall obtain through diplomatic medium, the assurances from the concerned country that the wild fauna or flora or a specimen thereof made available pursuant to sub-Section (1) shall not
be used for commercial purposes.
(3) The Ministry of Forests and Soil Conservation shall submit annual report containing details of wild fauna or flora or a specimen thereof made available under sub-Section (1), to the concerned committee of the Federal Parliament within three months from the completion of every fiscal year.
(4) Notwithstanding anything contained elsewhere in this Act, Government of Nepal may retain or use any endangered species of wild fauna or flora or a specimen thereof for the purpose of study, research,
observation, experiment, conservation of genetic resource or for conservation education or production of the first generation (F1 generation) through captive breeding in case of a threatened wild fauna or production of seeds or seedlings in artificial manner or plant or rear in  case of threatened wild fauna.

28. Non-application when in transit:

(1) Notwithstanding anything contained in sections 3, 8, and 10, the provisions of this Act shall not be applicable
while a sealed container of consignment containing endangered wild fauna or flora or a specimen thereof is in transit transporting from another country to a third country through the territory of Nepal.
(2) The sealed container of consignment referred to in sub-Section (1) shall be under the surveillance of the Scientific Authority or concerned quarantine officer while moving through Nepal.

29. Not to be deemed to be used for commercial use: Notwithstanding anything contained in the law in force, the sight-seeing or exhibition of any wild fauna or flora or a specimen thereof having charged normal fee
as prescribed for touristic, cultural promotion of traditional knowledge, academic, entertainment, sports, research or aesthetic purposes shall not be deemed to be a transaction for commercial purpose.

30. Management of confiscated wild Fauna or Flora or their specimen:

(1) The Management Authority shall have to manage the endangered species of wild fauna or flora or specimen thereof confiscated under this Act due to carrying out of any act in contravention of this Act as follaws:-
a) specimen non-living sample of endangered species of wild fauna or flora to be destroyed;
b) In case of an endangered species of wild fauna or flora is in living conditions and necessary for conservation,
to release it in the natural habitat in Nepal or to plant or to refer to other agency for taking other measures
for conservation;  Provided that though it is in living condition, if it is
dangerous for conservation or is likely to cause adverse effect to the indigenous endangered species of
wild fauna or flora found in Nepal, such wild fauna or flora or specimen thereof shall be destroyed.
c) To sell by auction according to laws in force of the  threatened or protected wild fauna or flora which is
not necessary or possible to be conserved;
d) To make available to any public organization or agency for academic, scientific, studies and research
purposes or for religious works having prescribed necessary conditions; or
e) To manage or cause to be managed in other prescribed manner.
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal shall ask to the concerned authority to return back to the country of origin the endangered species of wild fauna or flora or a
specimen thereof confiscated for the reason of its being imported without complying with the procedures under this Act from which it was imported to Nepal.
(3) While asking to get it back pursuant to sub-Section (2), in case the concerned country desires to get the wild fauna or flora or specimen thereof back or the authorized agency of the concerned country makes a
request to that effect, such wild fauna or flora or a sample thereof may be returned back to the concerned country.
(4) The country getting back the wild fauna or flora or a specimen thereof shall bear the costs incurred for returning back such wild fauna or flora or a specimen thereof.
(5) The concerned country shall have to get the wild fauna or flora  or a specimen thereof returned back within a period of ninety days from the date on which a decision is asking made pursuant to sub-Section (3).
(6) While writing to get it back pursuant to sub-Section (2), in case the concerned country does not desire to get the wild fauna or flora or specimen thereof back or even if it desires to get it back but fails to get it
back within the period referred to in sub-Section (5), the Management Authority shall have to manage the wild fauna or flora or a specimen thereof pursuant to sub-Section (1).
(7) Before destroying any endangered wild fauna or flora or a  specimen thereof pursuant to sub-Section (1), the wild fauna or flora or a specimen thereof shall be referred to the specified laboratory for scientific experiment and in case the report of such a laboratory demonstrator that such wild fauna or flora or a specimen thereof has to be destroyed, it shall be destroyed as prescribed in the presence of representatives from the concerned District Court, District Administration Office and local level.

31. Endangered Fauna or Flora National Coordination Committee:

(1) In order to make recommendation on policy, legal and institutional measures to be adopted for conservation and promotion of endangered species of wild fauna or flora having effectively enforced this Act and the Convention and to extend necessary cooperation and bring coordination in the implementation of this Act, there shall be an Endangered Wild Fauna and Flora National Coordination Committee as follows:-
(a) Secretary, Ministry of Forests and Soil Conservation -Convener (b) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs -Member
(c) Director General, Department of Customs -Member
(d) Director General, Department of National Parks and Wildlife Conservation -Member
(e) Director General, Department of Forests -Member
(f) Director General, Department of Plant Resources -Member
(g) Director General, Department of Postal Services -Member
(h) Deputy Inspector General of Police, Central Bureau of Investigation, Nepal Police -Member
(i) Investigation Director, National Investigation Department
-Member
(j) Executive Director, National Forensic Sciences Laboratory
-Member
(k) Chief, Natural Sciences Museum, Tribhuvan University -Member
(l) AN Official designated by the Committee -Member-  Secretary
(2) Experts of the concerned sector may be invited in meeting of the Committee referred to in sub-Section (1) as per necessary.
(3) Procedures concerns meetings of the committee referred to in sub-Section (1) shall be as prescribed.

32. Publication of Names of Wild Fauna and Flora:

(1) Government of Nepal shall publish in the Nepal gazette the scientific name, English name, and as for as possible Nepali name, of various species and sub-species of the wild fauna and flora enlisted in Appendix -1, Appendix -2 and Appendix -3 of the Convention for information of public in general.
(2) While publishing names pursuant to sub-Section (1), it shall also be specified in the notice whether or not a particular species of wild fauna or flora are available in Nepal.

33. Records of details to be maintained:

The Management Authority shall, for each fiscal year, maintain records of the following details:-
a) Number, types and dates of licenses issued, registration certificate issued pursuant to sub-Section (1) of Section 6, sub-Section (3) of Section 8, sub- Section (3) of Section 10, sub-Section (2) of Section 13, sub-Section (3) of Section 14; and sub-Section (1) of Section 15;
b) Names of the persons, organizations, and agencies engaged in export, import, purchase, sale or transportation of endangered species of wild fauna or flora or specimen thereof; and quantity thereof, and to the extent possible, description of size of such wild fauna or flora and details of male or female;
c) Details of wild fauna or flora or specimen thereof confiscated pursuant to Section 22 or seized pursuant
to clause (c) of sub-Section (3) of Section 23;
d) Details of the endangered wild fauna or flora or specimen thereof made available by The Government
of Nepal to a foreign country pursuant to sub-Section (1) of Section 27;
e) Details as to management carried out pursuant to sub- Section (1) of Section 30 of the endangered wild fauna
or flora or specimen thereof confiscated or seized under this Act;
f) Details of the endangered wild fauna or flora or specimen thereof taken back by the concerned country
pursuant to sub-Section (3) of Section 30.
(2) The Management Authority shall have to publish the details referred to in sub-Section (1) every year as prescribed.

34. Fund may be created:

(1) A Fund may be created for conservation, and promotion of endangered wild fauna or flora or specimen thereof or for studies and researches thereon.
(2) The amount to be deposited to the Fund referred to in sub- Section (1), operation and management of the Fund and internal control thereof shall be as prescribed.
(3) The Auditor General shall carry out auditing of the account of the Fund referred to in sub-Section (1).

35. Awards may be granted:

(1) The Management Authority may grant an award of up to one hundred thousand rupees to the person who provides information as to commission of an act which may be deemed as an offence under this Act or such as is going to be committed or who assists in investigation or collection of evidences.
(2) The Management Authority may make provide as reward of an amount up to one hundred rupees as an incentive to the person or employee who renders assistance in controlling trade in endangered wild fauna or flora or specimen thereof having made significant contribution in investigation of the act which is deemed to be an offence under this Act or in collecting evidences.

36. To be according to the laws in force: On the matters specifically referred to in this Act, it shall be according to this Act and on other matters; it shall be according to the Nepal laws in force.

37. Rules may be formed: Government of Nepal may frame necessary Rules for implementation of this Act.

38. Directives may be formulated:

(1) Government of Nepal may frame directives subject to this Act and Rules framed under this Act.
(2) Without prejudice to the generality of the powers conferred by sub-Section (1), Government of Nepal may particularly frame directives on the following matters for regulation and control of international trade
of endangered species of wild fauna or flora:-
a) Grant of license for transaction of endangered species of wild fauna or flora or specimen thereof;
b) Registration of the imported endangered species of wild fauna or flora or specimen thereof;
c) Retention or possessing of endangered species of wild fauna or flora or specimen thereof;
d) Management of confiscated endangered species of wild fauna or flora or specimen thereof;
e) Other necessary matters. Date of Authentication: April 23, 2017 Corresponding to Baishakh 10, 2074,BS

Employee Provident Fund Act, 2019 (1962)

Employee Provident Fund Act, 2019 (1962)
Date of Authentication and Publication in Nepal Gazette  2019.4.10 (25 July 1962)
Amendments:
1 Employee Provident Fund (Amendment) Act, 2019 (1963) 2019.12.30 (12 April 1963)
2 Some Nepal Acts Amendment, Repeal and Continuance Through Re-arrangement Act, 2019 (1963)
2019.12.30 (12 April 1963)
3 Employee Provident Fund (Second Amendment) Act, 2023 (1996) 2023.4.31 (15 Aug. 1966)
4 Employee Provident Fund (Third Amendment) Act, 2029(1972) 2029.6.5 (21 Sept. 1972)
5 Employee Provident Fund (Fourth Amendment) Act, 2030 (1973) 2030.5.15 (31 Aug. 1973)
6 Employee Provident Fund (Fifth Amendment) Act, 2042 (1985) 2042.6.23 (9 Oct. 1985)
7 Administration of Justice Reforms (Fourth Amendment) Act, 2043 (1986) 2043.7.24 (10 Nov. 1986)
8 Employee Provident Fund (Sixth Amendment) Act, 2047 (1991) 2047.10.27 (10 Feb. 1991)
9 Employee Provident Fund (Seventh Amendment) Act, 2048 (1992) 2048.12.30 (12 April 1992)
10 Employee Provident Fund (Eighth Amendment) Act, 2053 (1997) 2053.9.17 (1 Jan 1997)
11 Income Tax Act, 2058 (2002) 2058.12.19 (1 April 2002)
12 Amending Some Nepal Acts to maintain Gender Equality Act, 2063 (2006) 2063.7.17 (3 Nov. 2006) 13
1 Republic Strengthening and Some Nepal Laws Amendment
Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)
14 An Act enacted for the Amendment of Some Laws to Maintain Gender Equality and Eliminate Gender Violence, 2072 2071.06.14 (1 October, 2015)
15 Employee Provident Fund (Ninth Amendment) Act, 2073 (2016) 2073.05.18 (5 October, 2015)
Act Number 10 of the Year 2019 (1962)
An Act made to provide for the Employee Provident Fund
Preamble: Whereas, it is expedient to provide for Social Security Fund including Provident Fund, Retirement Fund for the employees of the 2 Government of Nepal and corporate bodies,
3 other employees and individual involving in self- employment, Now, therefore, be it enacted by His Majesty King Mahendra Bir Bikram Shah Dev in accordance with 4 Article 93 of the Constitution of Nepal.

Chapter-1 Preliminary

Chapter-1 Preliminary
1 This Act came into force on 15 Jestha 2065, “Prasati” and the word “Kingdom” has been deleted.
1. Short title and commencement: (1) This Act may be called as the “Employee Provident Fund Act, 2019 (1962).”
(2) ………………. 5
(3) This Section of this Act shall come into force immediately, and the other Sections shall come into force on such date as may be appointed by the Government of Nepal, by publishing a Notification in the Nepal Gazette, from
time to time. 6
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Fund” means the Employee Provident Fund established under Section 3.
(b) 7 “Employee” means any civil employee, employee of Army, Police, Armed Police, 8 Constitutional Body, ……. 9 and employee of the Fund and teacher who gets the amount to be deducted from his or her monthly salary deducted
and paid to the Fund, and this term also includes any employee, labour or worker of a body, who gets amount to be paid to the Fund pursuant to 5 Deleted by Fifth Amendment
6 (a) The Sections, other than Sub-section (1) of Section 13, and Sub-sections (1),
(2), (3), (4), (5), (6) and (7) of Section 17 commenced on 2019.6.1(17 Sept.
1962). (Date of publication of a Notification in the Nepal Gazette: 2019.5.29)
(b) Date of commencement of the Employee Provident Fund (Fourth Amendment), 2030: 2030.4.1 (16 July 1973)
(c) Date of commencement of the Employee Provident Fund (Eighth Amendment), 2053: 2053.10.18 (31 Jan. 1997)
7 Amended by Sixth Amendment
8 Inserted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
(2010)
9 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
(2010)
Section 12B. and such other class of employees as specified by the
Government of Nepal, by publishing a Notification in the Nepal Gazette.
Clarification: For the purposes of this Act, the term “employee” means a
permanent employee.
(B) 10 “Person Involving in Self-Employment” means the professionals including engineer, medical practitioner, legal practitioner, auditor earning income by carrying out business or profession in private sector or the
employee relating to those professionals and the term shall also denotes the person involving in foreign employment, person working temporary or service contract basis, domestic worker, farmer, labor working in
unorganized sector, labor of tea estate and employee working in cooperative institution.
(C) “Board” means the Board of Directors of the Employee Provident Fund formed under Section 4.
(C1) 11 “Chairperson” means the chairperson of the Board.
(C2) 12 “Director” means the member of the Board, and this term also includes the chairperson and administrator.
(C3) 13 “Administrator” means the administrator of the Fund appointed pursuant to Section 6A.
(D) “Bond” means a loan disbursed by the Government of Nepal under the Domestic Borrowings Act, 2059 (2002) and this term also includes a bond of a foreign government.
(E) 14 …………..
(F) 15 …………..
(G) 16 …………..
(H) 17 …………..
(I) 18 …………..
(J) “Debenture” means a bond of loan borrowed by a company against the security or guarantee of its assets.
(K) 19 ………….
(L) 20 ………….
(M) 21 “Salary’ means only such a salary that is drawn by an employee according to the prevailing scale of the post in which he or she has a lien, in consideration for the service rendered by him or her in accordance
with the conditions of service.
(N) 22 “Office” means an office or institution21 with obligation to deduct the Fund amount from the salary of an employee and credit the same to the account specified by the Fund.
(N1) 23 “Institution” means a bank, financial institution, company, firm, industry or similar other governmental or non-governmental institution established as a body/institution pursuant to the laws in force, 23and this
term also includes a diplomatic mission or international institution situated in Nepal.
(O) 24 “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or Bye-laws framed under this Act.
(P) 25 “Prescribed by the Fund” means as specified in the Bye-laws framed by the Fund under this Act or a notice of the Fund.