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State Courts Abolition Act, 2017 (1960)

State Courts Abolition Act, 2017 (1960)

Date of Authentication and Publication
2017.2.2(15 May 1960)


Amendments:
1. Repeal and Amendment Act, 2022(1965)                                                                                       2022.12.10(22 April 1965)
2
1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010)                       2066.10.7(21 Jan. 2010)

An Act Made To Abolish State Courts

Whereas, it is expedient to abolish state courts in order to reform the existing administration of justice with a view to maintain peace and order and convenience of the citizens of Nepal; Now, therefore, Parliament has made this Act in the sixth year of reign of His Majesty King Birendra Bir Bikram Shah Dev.

2. State Courts to be dissolved:

(1) All state courts existing within  Nepal are, hereby, dissolved upon the date of the commencement of this Act.

(2) The documents including the case files of all cases filed in the state courts dissolved pursuant to sub-section (1) but yet to the disposed, disposed case files, records of penalty, punishment of fine and imprisonment due to be recovered shall be transferred to the district court as specified by the Government of Nepal, and the court shall
dispose the cases, retain the records safely, recover the due penalty, fine and imprisonment, and fee for compromise and effect the recovery of amount in controversy to litigants in accordance with the Nepal laws as
if the cases were filed in it.

4. To be tried by District Court:

Upon the commencement of this Act, all types of cases and suits within the territory of states shall be tried and
disposed by the DistricUpon the commencement of this Act, all types of cases and suits within the territory of states shall be tried and disposed by the District  Court.

8. Effect of repeal or inoperativeness of the State Courts Abolition Ordinance, 2016:

Upon the repeal or inoperativeness of the State Courts Abolition Ordinance, 2016, unless a different intention
appears, the repeal or inoperativeness shall not:

 (a) revive anything not in force or existing at the time at which the repeal or inoperativeness takes effect; or

(b) affect the previous operation of any enactment so repealed or being inoperative anything duly done or suffered pursuant to the Ordinance so repealed or made inoperative; or

(c) affect any right privilege, obligation or liability acquired, accrued or incurred under the Ordinance so repealed or made inoperative; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Ordinance so repealed or made inoperative; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act had not been passed.