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Stadium (Rent) Rules, 2018 (1961)

Stadium (Rent) Rules, 2018 (1961)

Stadium (Rent) Rules, 2018 (1961)  Date of Publication in the Nepal Gazette  2018/7/28 (Nov. 13, 1961)
Whereas it is expedient to make a time-suited arrangement of rent of the  stadium; now, therefore, the Government of Nepal, having exercised the power conferred by Section 2 of the Administrative Procedure (Regulating) Act, 2013
(1956), has enacted the following Rules

2. Definition

2. Definition:

Unless the subject or context means otherwise, in these  Rules,-
(a) “Stadium” means the stadium of Kathmandu Parade Ground and  the term also denotes the building and goods within the stadium.
(b) “Prescribed Official” means the official prescribed by the  Government of Nepal for that purpose.
(c) “Licence” means the licence issued under these Rules.
(d) “Exhibition” means national, international or foreign any kind of  ordinary or competitive sports, army spectacle, circus, exercise,  music, scientific or cultural exhibition.

3. Licence for Exhibition

3. Licence for Exhibition:

(1) A person intending to make any kind of exhibition in the Stadium shall submit an application in due process by
mentioning the clear details along with the following matters and  duration and time of exhibition also to the prescribed official prior to at  least 7 days of such exhibition.
(a) Whether it is to be exhibited with ticket or without ticket  for the enrichment of national health or cultural
promotion, or
(b) Whether it is to be exhibited to make useful the Nepali  stadium as an International Sports Competition Member;
or
(c) Whether it is to be exhibited for collection of income in the fund for public organization or social activity, or
(d) Whether it is to be exhibited as ticket show for enterprise or entertainment.

(2) The prescribed official in the case of submission of  application under sub-rule (1) may issue a licence in the format as prescribed in the schedule to the applicant by mentioning the matters  allowed to exhibit in the stadium, and duration and time thereof subject to rule 4.

4. Recovery of Rent and Bond

4. Recovery of Rent and Bond:

Rent at the rate of Rs. 50.00 per day shall be levied to the person obtaining licence under rule 3 for the  exhibition in the stadium as per the licence. Fifty percent of the said  amount of rent shall be deposited prior to obtaining the licence and the remaining amount within 7 days of termination of time of exhibition by  the licencee to the prescribed official. In a situation of failure to pay the due amount of rent within the said time limit, it shall be received up to  subsequent one week by levying fee at the rate of 2 percent. In a  situation failure to pay even after the said period, the local Zonal Commissioner, as per the information of the prescribed official, shall  take action like that of government arrears under the prevailing law of Nepal and recover the due amount of rent and fee also.
Provided that-

(a) Rent of stadium shall not be levied on part of the exhibition to be made to collect the income in the fund
without ticket with an objective of enrichment of national health or cultural promotion for the public organization or
social function.
(b) Rent of stadium at the rate of Rs. 25.00 per day shall be levied on part of the exhibition to be made as ticket show
with on objective of enrichment of national health or  cultural promotion.
(2) No one shall be issued licence without getting signed a bond  earlier by mentioning the content of the licencee’s consent to accomplish or get accomplished the function of exhibition as per the licence subject  to the terms and conditions mentioned in these Rules and the commitment of the licencee to bear and pay under these Rules and the
prevailing law of Nepal in the case of his failure to carry on as mentioned above.

5. Situation of Reduction of Rent

5. Situation of Reduction of Rent:

(1) In a situation of problem of the  licencee to pay the rent due to the expenditure more than income or  natural or unnatural situation, existence of sufficient reason to exempt  the amount not exceeding 25 percent of rent and being recognized right  by the Ministry of Defense, Government of Nepal, it may be exempted.
(2) Records of exemption of rent under sub-rule (1) along with  the details of income and expenditure and the reasons of exemption shall  be forwarded to the Office of the Auditor General, Department of  Finance and Department of Income Tax of the Government of Nepal and  Office of the Comptroller General within 35 days.

6. Rent

6. Rent:

Additional rent other than the rent under rule 4 shall be levied at  the following rate to the extent for making available the necessary facilities and means from the development program of the stadium:

(a) At the rate as prescribed for facilities and means in which regular rate of rent has been specified and
(b) At the rate as specified by the Government of Nepal from time to  time on part of the case in which rate is not specified.
(c) The said rent shall be recovered under rule 4.

7. Invalidity of Licence

7. Invalidity of Licence:

(1) In general the licence shall be invalid upon  termination of the approved period.
(2) Notwithstanding anything written in these Rules, the  Government of Nepal, in the case of being deemed necessary or time-  suited to postpone or invalidate the licence or change the duration and time of licence, may carry on accordingly even without explanation.
(3) Information of such change, postponement or invalidation  shall be furnished to the concerned person prior to at least 24 hours of the regular exhibition.
(4) Not any rent shall be levied for the postponed period of  licence which is invalidated or postponed by the Government of Nepal on the ground of natural or abnormal situation or being deemed time-  suited or necessary

8. Security of Stadium

8. Security of Stadium:

(1) The licence-holder shall be responsible for not to cause loss or embezzlement of the place given for exhibition in
the Stadium as per the licence or the governmental goods contained  therein.
(2) In a situation of intentionally causing loss or embezzlement  by himself or allowing others to do so or resulting the same due to his negligence, the compensation of loss or embezzlement shall be  recovered from the licence-holder as per the recommendation of the Department of Engineer of the Nepalese Army

9. To be Believed by the prescribed Officer

9. To be Believed by the prescribed Officer: The Rent shall not be exempted under these Rules unless the prescribed official is confident that the exhibition which is said to be made with an objective of  enrichment of national health, cultural promotion is actually for  enrichment of national health and cultural promotion.

10. Applicability of these Rules

10. Applicability of these Rules:

Matters set forth in these Rules shall be  carried on accordingly and other matters under the prevailing law of
Nepal.

N.B.: 1. The term “Magistrate” was replaced with “Zonal Commissioner” as per the Local  Administration Act, 2022 (1966).
2. The phrase “Office of the Accountant General” was replaced with “Comptroller General  Office” as per the Government Dues Recovery and Clearance (First Amendment) Act, 2033  (1976).

Schedule

Schedule
(Relating to Rule 3)
Licence for Use of Stadium
(Army Crest)
As Mr. ……………………….. has submitted an application to exhibit
…………………… under Section ………………. of the Stadium (Rent)
Rules, 2018 (1961) with or without ticket for ………… days from the date
……………………. to ……………………. in the stadium; now, the rent for
……………… days from the date ………………. to …………………….. has
been received and this licence is hereby issued to Mr. …………………….. to
make regular exhibition subject to the aforementioned Rules.
Date: Signature:
Post: