10.1 The functions, duties and powers of the Council shall be as follows:
10.1.1 To remain effortful for the accomplishment of the objectives of the Trust pursuant to this Act;
10.1.2 To observe, or cause to be observed, guidance to be made by the chairperson from time to time;
10.1.3 To approve a Pashupati area master plan and annual plans29 and corresponding programmes 30….…… and implement, or cause to be implemented, the same;
10.1.431 To make, or cause to be made, arrangements for the operation of various kinds of religious activities,including worships, feasts, festivals and functions as handed down since immemorial in all temples of God and Goddess, including the Lord Pashupatinath temple, under the state trust, within the Pashupati area;
10.1.4A.32 To look after the arrangements of other functions to be performed by the Pashupati Amalkot Kachahari, Treasury Office of Lord Pashupati and Treasury Office of Jayabageshowri, except in relation to cultivated lands, to formulate policies on the functions of these bodies and give necessary directions to them;
10.1.4B.33 To carry out, organize, or cause to be carried out, organized, study, research works, workshops, symposia etc. from time to time in relation to the operation of affairs according to religious rites and rituals and the development of the Pashupati area;
10.1.4C.34 To make arrangements for the protection of the Lord Pashupatinath temple and all kinds of houses, lands, shrines, temples, rest houses for pilgrims, inns related with the God and Goddess, within the Pashupati area;
10.1.4D.35 To prepare an inventory of shrines, temples, rest houses for pilgrims, inns, stone taps, yards, gardens, forests within the Pashupati area, and barren and cultivated lands which are related with the Lord Pashupatinath and all Gods and Goddesses under all kinds of trusts and within or outside the Pashupati area;
10.1.4E.36 To fix rent, Raitan contract, rental fee or in-kind or cash tariff from time to time on the basis of use and enjoyment of the trust land of the Lord Pashupatinath;
10.1.5 To make necessary arrangements for financial resources required to implement plans and programmes;
10.1.6 To form various committees and sub-committees within37 or outside Nepal for the accomplishment of the objectives of the Trust;
10.1.7 To formulate policies for the various committees and sub-committees formed pursuant to Sub-section 10.1.6 and give necessary direction or guidance and appraise and review their functions;
10.1.8 Taking into account of the planning of Pashupati area and the importance, value and sensitivity of any specific place within the Pashupati area, to specify prohibited activities within such places and forbid and control such activities;
10.1.9 To get the concerned bodies and persons to implement, as promptly as possible, the activities required to be carried out for the accomplishment of the objectives of the Trust pursuant to this Act;
10.1.1038 To cause participation of the local units and people in the implementation of plans and programmes and giveclear information to the general people from time to time in such a manner as to avoid any illusion and confusion on the people about the plans and programmes to be implemented;
10.1.1139 In the course of carrying out planned development of the Pashupati area, to main clean environment by making construction, maintenance, repair and sanitation in a well-planned manner;
10.1.1240 To well manage other basis public utilities such as drinking water, sewerage, water exit, electricity, telephone, roads etc., and adopt regular and effective procedures in order to avoid filth and dirt and maintain cleanliness.
10.1.1341 To arrange also for plantation, forests, gardens, grounds, wildlife and forest heritages within the Pashupati area;
10.1.1442 To protect and maintain, in a well-managed manner, yards, funeral grounds/pyres, watercourse of rivers, river substances, water courses, sand etc. within the Pashupati area;
10.1.1543 To prepare necessary standards to avoid pollution and maintain clean environment within the Pashupati area, and enforce the standards by obtaining approval from the Government of Nepal;
10.1.1644 To make publicity and mobilize public participation through appropriate means in order to bring about extensive public awareness and safeguard and utilize the Pashupati area as a place of pilgrimage;
10.1.1745 To carry out activities such as to prescribe necessary standards in relation to construction works to be done within the Pashupati area, and obtain houses and lands through the Government of Nepal and set aside lands for various purposes;
10.1.1846 To make transparent, as prescribed, donations, offerings, gifts offered to the Lord Pashupatinath and the shrines and temples within the Pashupati area and have the same credited to the Trust;
10.1.1947 To use such portion of the incomes of the Trust as prescribed in social and benevolent activities such as education, health and environment protection.
10A.1 Appointments of the main priest and other priests of the Lord Pashupatinath temple and the priest (Mul Bhatta) of the Basukinath temple shall be made by the Patron on the recommendation of the Council.
10A.2 Appointments of the priests, Bhandari and Bisets of other shrines and temples, except those mentioned in Sub-section 10A.1 shall be made by the Council.
11.149 The member secretary of the Council shall, as directed by the chairperson or the person presiding over the meeting of the Council, shall specify the date, time and venue of the meeting and call the meeting of the Council.
11.2.50 The meeting of the Council shall be presided over by the chairperson, and, in his or her absence, the meeting shall be presided over by a member chosen by the attending members from amongst themselves.
11.2A.51 Notwithstanding anything contained in Sub-Section 11.2, the chairperson shall preside over the meeting of the Council discussing the annual programmes, budget of the Council and appraising four monthly progress.
11.3 In giving a notice of a meeting, the notice shall be given by specifying a reasonable time as required.
11.4 The meeting of the Council shall be held generally Two times a year. Provided that, the Council may meet any times if so directed by the chairperson.
11.5 The member secretary shall maintain the minutes of the meeting.
11.6 Other provisions relating to the meeting of the Council shall be as determined by the Council itself.
12.1 The member secretary of the Council shall act as the administrative chief of the Council.
12.2 The Council may appoint such other employees as required.
12.3 The remuneration, conditions of service and facilities of the treasurer, member secretary and other employees shall be as prescribed.
The modalities of internal operations of the Council, and Rules of procedures of meetings, and modalities of internal operations, of the various committees and sub-committees formed pursuant to Sub-section 10.1.6……..55, shall be as determined by the Council.
16.1 The forests, jungles and barren lands within the Pashupati area shall remain under control of the Government of Nepal. If any inn (Pati), rest house (Pauwa), rest house for pilgrims (Sattal), shrine, temple and land covered thereby, pond, rivulet sand and forest and jungle within the Pashupati area including the Bankali, Mrigastahli, Tilganga, Kailash Veda Ashram and Dev Udhyan has been registered in the name of any person or body, such registration shall be void. No forest, jungle, barren land controlled by the Government of Nepal shall be provided, whether relinquishing the title thereto or not, to any person or body for possession and use.
16.2 The provision of Sub-section 16.1 shall not be deemed to bar the developing and using, in a planned manner, by the Council of the forests, jungles, barren and cultivated land within the Pashupati area for the purpose of the development of the Pashupati area.
17.1 Notwithstanding anything contained in the prevailing Nepalese laws, Royal Seal, Sanad, Sawal, and other instruments, no person may transfer in any manner the land owned and possessed by him or her and make any construction related work in the places prohibited by the Council58 within the Pashupati area for the purpose of implementing, as required, the approved plans and programs for the accomplishment of the objectives of the Trust.
17.2 In determining standards pursuant to Sub-section 17.1, the Council59 may also determine and enforce standards on buildings, roads, ways, bridges, sewerage, water exits, toilets and telephone lines, pillars and other basis public utilities.
17.3 No person may, without prior approval of Council,60 make new construction, reconstruction, alteration, change in the existing foundation and style, repair or other construction related work in any land owned and possessed by him or her within the places specified by the Council upon determining the standards pursuant to Sub-section 17.1.
17.4 The Kathmandu Valley Town Development Planning Implementation Council, Municipality61 or other bodies with responsibility of giving approval on construction related matters with or without design approval or approving designs shall not approve designs or give approval with respect to construction, without obtaining prior approval of the Council.62
17.5 If any person does any construction work with or without getting its design approved, without prior approval of the Council,63 in respect of the construction work that has to be done with the prior approval of the Council,64 or anybody approves a design in respect of such a work, the Council65 may punish such a person who does such construction work and the concerned person or body approving the design with punishment up to the extent mentioned in Sub-section 18.1 of Section 18 of the Town Development Act, 2045 (1988)66. The Council67 may stop any construction related work being done without obtaining prior approval of the Council68 and any construction related work approved in contravention of the standards or policies and directions specified or given pursuant to Sub-section 10.1.1769 and demolish such work if already built, and may also recover the expenses incurred in such demolition from the concerned person.
17.6 A party who is not satisfied with an order to stop, demolish construction related unauthorized work or impose punishment pursuant to Sub-section 17.5 may make an appeal to the Court of Appeal70 within Fifteen days of the hearing or getting of such an order. Any decision made by that Court on that matter shall be final71 .
17.7 The Council72 may so provide, control and prohibit that approval has to be obtained from the Council73 to ply and park motor vehicles, make motion pictures, take photographs, post posters or pictures, making any kind of fair or other publicity within the Pashupati area.
17.8 If approval is given in contravene of the standards, policies and directions fixed and given by the Council74 in relation to giving approval of construction related work, the concerned person of the Kathmandu Valley Town Development Planning Implementation Council75 shall be liable to departmental action.
17.9 The functions required to be performed by the Council76 shall be performed by the Kathmandu Valley Town Development Planning Implementation Committee. Provided that, if it so wishes, the Council77 may itself perform such functions or cause the same to be performed by any other body or authority, at any time.
17.1078 If any act of transferring title to or changing title to any trust land or public or government land within the Pashupati area or otherwise assigning possession and use of such land to another person in pursuant to the right conferred by the laws in force has been carried out without obtaining prior approval of the Council, the Government of Nepal may void such act at any time.
17A. The duty of taking care of the Lord Pashupatinathi temple shall be vested in the Trust and the duty of performing various holy rites of the Lord Pashupatinathi temple shall be vested in the Special Head Priest (Mulbhatta).
17A.2 All affairs vested under the responsibility of the Special Head Priest, other than those set forth in Sub-section 17A.1 shall be under the Council, and provisions relating to the operation, recovery thereof, taking care of and control of Tahashil and rites and rituals performed, offerings made, by persons in and to the temple, fees of worship, and expenses to be made for various activities within the Pashupati area shall be as specified by the Council. 81
18.1 The Council may receive or provide donations from any sector, body or person within or outside Nepal for the purposes of the Trust. The Council itself………83 or through various committees and sub-committees formed pursuant to Sub-section 10.1.6 or any other bodies or persons may make contain and receive donations for such purposes.
18.2 Other necessary matters in relation to the receiving of donations shall be as determined by the Council.
18.3 The Fund shall consist of the following amounts:
18.3.1 Amounts provided by the Government of Nepal for the development of the Pashupati area;
18.3.2 Donations provided for the Fund by any sectors, bodies or persons within or outside Nepal;
18.3.2A. Amounts received from the incomes of all types of trust lands related with the Pashupati area, and the Lord Pashupatinath;
18.3.2B. Amounts of gifts and offerings obtained from various temples within the Pashupati area;
18.3.3 Income earned from investments so made as to obtain maximum income and secure the same; and
18.3.4 Fees or amounts received in consideration for services provided by the Trust; and
18.3.5 Amounts and donations received from any other source.
18.4 For the convenience in its operation, the Fund may open accounts in any currency with any banks without or outside the State of Nepal, deposit money into such accounts and operate the same.
18.5 All the expenses to be made on behalf of the Trust shall be borne out of the Fund.
In making agreement with any native or foreign body or organization in the course of discharge of its functions, the Trust shall obtain the approval of the Government of Nepal.
19.1 The accounts incomes and expenses of the Trust shall be maintained as determined by the Council.
19.2 The audit of the accounts of the Trust shall be carried out by the Office of the Auditor General.
19.3 The Auditor General may, if he or she so wishes, examine, or cause to be examined, the documents relating to accounts and other cash and in-kind of the Trust.
The Council may, as required, delegate its powers to the members of the Council or any committee or subcommittee formed under Sub-section 10.1.6 or members of such committee or sub-committee.
Any governmental or non-governmental body shall, before exercising its powers conferred by the laws in force within the Pashupati area, obtain prior approval of the Trust. If any act is done within the Pashupati area without obtaining prior approval of the Trust, such act shall be void.
21.1 In order to implement the objectives of this Act, the Trust may frame Rules on the following matters, and the Rules so framed shall come into force after being approval by the Government of Nepal:
21.1.1 With respect to administrative business to be carried out by the Trust;
21.1.2 With respect to financial matters to be carried out by the Trust;
21.1.3 With respect to the remuneration, facilities and conditions of service of the employees of the Trust;
21.1.4 With respect to the functions and affairs of the Lord Pashupatinath Amalkot Kachahari and Treasury;
21.1.5 With respect to performing worships and religious rites in accordance with the traditional rituals of the Lord Pashupatinath and Guheshwori;
21.1.6 With respect to development and construction works within the Pashupati area;
21.1.7 With respect to incomes of trusts within the Pashupati area;
21.1.8 With respect to the operation of God and Goddess temples with the Pashupati area under Chhut Guthi and personal Guthi under the state trusts (Rajguthi);
21.1.9 With respect to other necessary matters.
The Council shall frame a code of conduct of all workers including priests, store-holder, susare involved in the worship and religious rites of the Lord Pashupatinath temple; and such a code of conduct shall come into force after being approved by the Government of Nepal.
In maintaining contact with the Government of Nepal, the Trust shall make so through the Ministry of Youths, Sports and Culture.
23.1 No income tax of any kind, house and land tax, motor vehicle tax, sales tax, registration fee, customs tariff as well any direct or indirect tax, fee or charge of any kind to be levied by the government body or ………90 local body. Provided that:
23.1.1 The local purchase of goods required for the operation of the day-to-day business of the Trust shall not be exempted from customs duty, sales tax, excise duty etc. levied on the value thereof.
23.1.2 The Trust shall pay the fees and charges levied in consideration for any service.
23.2 The provisions relating to the ceiling as referred to in Section 7 of the Act Relating to Land, 2021 shall apply to the lands registered in the name of the Trust.
24.1 Notwithstanding anything contained in the Nepal laws in force, Royal Seal, Sanad, Sawal or other instruments, the matters contained in this Act shall be governed by this Act.
24.2 If there arises any difficulty with the implementation of this Act, the Government of Nepal may issue such orders as it may deem necessary.
With the Pashupati Area Development Trust Ordinance, 2043 (1987) being inoperative, unless a different intention appears, the inoperativeness shall not:
25.1.1 Revive anything not in force or existing at the time at which the Ordinance became inoperative;
25.1.2 Affect the matter in operation as per the Ordinance or anything duly done or any punishment suffered thereunder;
25.1.3 Affect any right, privilege, obligation or liability acquired, accrued or incurred under the Ordinance;
25.1.4 Affect any penalty, punishment or forfeiture incurred under the Ordinance;
25.1.5 Affect any action or remedy made or taken in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid; and any such legal proceeding or remedy may be instituted, continued or enforced as if the Ordinance were in force.
Judicial Council Act, 2073 (2016)
Date of Authentication and Publication
2073-05-27 (September 12, 2016)
Act No. 8 of the Year 2073
An Act Enacted to Amend and Consolidate Legislation Relating to Function,
Duty and Power of Judicial Council
Preamble: Whereas, it is expedient to amend and consolidate forthwith the prevailing legislation relating to function, duty and power of Judicial Council to provide recommendation and counseling in the matter of appointment, transfer, disciplinary action, termination and other issues relating to judicial administration, Now, therefore, be it enacted by Legislature-Parliament in accordance with Sub- Article (1) of Article 296 of Constitution of Nepal.
1. Short Title and Commencement:
(1) This Act may is called “Judicial Council Act, 2073 (2016).”
(2) This Act shall commence on such date, as Government of Nepal may, by a notification in the Nepal Gazette, appoint
2. Definition: Unless the subject or context otherwise requires, in this Act;
(A) “Court” means Supreme Court, High Court and District Court.
(B) “Chairperson” means the Chairperson of the Council.
(C) “Inquiry Committee” means the Inquiry Committee in accordance with
(D) “Prescribed” or “As prescribed” means prescribed or as prescribed in the
Rules framed under this Act.
1 This Act has been commenced from September 19, 2016 by the Notification
published in Nepal Gazette on September 14, 2016.
(E) “Judicial Council” means the Judicial Council constituted in accordance
with Article 153 of the Constitution.
(F) “Judge” means the Judge of the Court.
(G) “Member” means the Members of the Judicial Council and the term shall
also mean to the Chairperson of the Council.
(H) “Constitution” means the Constitution of Nepal.
3. To Prepare the Records:
(1) The Judicial Council shall, in accordance with the Constitution, prepare and keep the records of Nepali Citizens who are eligible for the appointment in the post of judges.
(2) The Judicial Council may, for the purpose of Sub-section (1), demand details of the persons being qualified for appointment in the post of Judge in accordance with the Constitution from the Supreme Court, Judicial Service
Commission, the Ministry of Law, Justice and Parliamentary Affairs, the Office of the Attorney General, Nepal Bar Council and other appropriate organization.
(3) The Judicial Council, besides the details to be acquired in accordance with Sub-Section (2), may collect, by publishing public notice, the details of the person being qualified for appointment in the post of judge in accordance with the Constitution and the person worked as Judge of any court and additional Judge of Appellate Court before commencement of this Act being eligible to appoint in the post of judge.
(4) The records to be prepared in accordance with this Section shall be remained under the responsibility of the Secretary of the Judicial Council.
(5) The record to be prepared in accordance with this Section shall be confidential and it shall not be used for other purpose except the function of Judicial Council.
(6) Other provision with regard to maintain the record in accordance with this Section shall be as prescribed
4. Period of Recommendation for Appointment:
(1) The Judicial Council, by confirming the post of Justice of Supreme Court going to be retired on the
basis of age limit, shall make recommendation for appointment before one month of vacant of such post.
(2) The Judicial Council, if the post of Justice of Supreme Court falls vacant by other reason except age limit, shall make recommendation for appointment within one month from the date of vacant of such post.
(3) The Judicial Council, if the post of Chief Judge or Judge of High Court falls vacant, shall make recommendation for appointment within three months from the date of vacant of such post
5. Base of Recommendation for Appointment:
(1) The Judicial Council, in accordance with the principle of proportional inclusion under the Constitution,
shall make recommendation to the Nepali Citizen for appointment in the post of judge.
(A) Qualified to make appointment in the post of Judge in accordance with the Constitution and this Act,
(B) Having appropriate to appoint in the post of Judge in aspect of seniority, experience, knowledge of subject matter, efficiency, honesty, impartiality, professional and moral conduct, goodwill earned in public life, contribution given in the field of justice and law, etc.,
(C) Containing name in the record maintain in accordance with Section 3,
(D) With regard to the District Judge to be appointed in accordance with Part (B) or (C) of Sub-Article (2) of Article 149 of the Constitution, recommended by Judicial Service Commission in accordance with Sub-Article (3) of same Article.
(2) Notwithstanding anything contained in Part (C) of Sub-Section (1), there shall not be any obstacle to appoint such person in the post of Judge due to not mentioning the name in the record maintained as per the Section 3.
(3) The Council shall, in the course of making recommendation for the appointment of any person working as sitting Judge of any court or already performed the function as the Judge of any court or as an additional Judge of
Appellate Court or an Officer of Judicial Service, in the post of Justice of Supreme Court or in the post of Judge of High Court, take the following matters into consideration in addition to the basis as mentioned in Sub-Section
(1): (A) Matters mentioned in the report submitted by the Supreme Court or High Court after periodic or casual inspection of respective inferior Courts in respect of the person planning to make
recommendation for appointment;
(B) Seniority, qualification and performance evaluation of concerned person,
(C) In respect of sitting Judge of High Court or District Court or the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, details of ratio of judgment/decision made by him/her per year and ratio of acceptance or partial or complete annulment by superior Court
while making final decision.
Provided however that in respect of the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, while confirming the ratio/proportion of decision/judgment made by him/her per annum, the ratio should be confirmed on the basis of ratio/proportion of the decision/judgment of the case made by him/her in his/her service period.
(4) The Judicial Council shall, in the course of making recommendation for the appointment of any lawyer or person working in the field of justice and law in the post of Judge, take into consideration the matters like professional
continuation and contribution made in the field of justice and law and details regarding his/her previous service, if any in addition to the matter as mentioned in Sub-Section (1).
(5) The Judicial Council may, for the purpose of Part (B) of Sub-Section (1) and Sub-Section (3) collect the inspection report, report relating to performance or evaluation and other details in respect to service from concerned Court or office and study
6. Send for Parliamentary Hearing:
(1) If the Judicial Council makes recommendation to any person for the appointment in the post of Justice of
Supreme Court, the Secretary of Judicial Council shall send such recommendation to Secretariat of Legislature-Parliament for parliamentary hearing in accordance with Article 292 of the Constitution.
(2) In case of sending for parliamentary hearing in accordance with Sub- Section (1), if the letter sent by the Secretariat of Legislature-Parliament stating that the person is qualified for the appointment in the post of Justice of
Supreme Court or in the situation that it is not any obstacle to make appointment as per the prevailing laws due to failure to make decision in respect of parliamentary hearing, the Secretary of Judicial Council shall send
to the person recommended for the appointment in the post of Justice of Supreme Court to the Office of the President to submit before the President for appointment.
7. Ineligibility for appointment in the Post of Judge:
The following person shall be ineligible to appoint in the post of Judge:
(A) Punished from the court in the offence of corruption, rap, human trafficking, drugs trafficking, money laundering, misuse of passport, kidnapping and other criminal offences involving moral
(B) Until completion of the period of two years of being punished from concerned body in violation of professional conduct,
(C) Departmental action has been taken by dismissing from the job with being disqualified for government service or service of public institution in the future,
(D) In case action of censure has been taken in accordance with the law relating to concerned service, not been completed the period of one year from the date taking action of censure or in the event
of withholding of promotion or salary increment, during the period of such withholding,
(E) In the event of disqualified in accordance with Article 291 of the Constitution,
(F) In the event of being suspended in accordance with prevailing federal law,
(G) Until completion of the period of two years from the date of warning given in accordance with Section 14,
(H) Blacklisted in accordance with the prevailing law,
(I) Becomes the member of any political party during the time of appointment,
(J) Being insolvent, or
(K) Having mental disorder.
8. Provision of Fulfillment of Vacancy of District Judge:
(1) The Judicial Council shall fulfill the vacant post of the Judge of District Court in accordance with Sub-Article (2) of Article 149 of the Constitution.
(2) The Judicial Council, for fulfillment of vacant post in accordance with Sub-Section (1), shall determine the percentage of fulfillment of vacant post pursuant to Part (A), (B) and (C) of Sub-Article (2) of Article 149 of the
Constitution by assuring the number of immediately vacant post of District Judge and the post to be vacant with in the end of Chaitra (about Mid-April) of each year.
(3) The Judicial Council, after determining the percentage in accordance with Sub-Section (2), shall write to Judicial Service Commission to make recommendation by selecting appropriate persons for fulfillment in the vacant
post of District Judge pursuant to Part (B) and (C) of Sub-Article (2) of Article 149 of the Constitution.
(4) The Judicial Council should make time table to fulfill the post of District Judge in accordance with this Section within the end of Chaitra (about Mid- April) of each year
9. Ineligible to be the Candidate: The person not been eligible to appoint in the post of Judge shall not be allowed to take part as a candidate in the examination to be held for the fulfillment of vacant post of District Judge in
accordance with Sub-Article (2) of Article 149 of the Constitution.
10. Lacking Efficiency: In the following circumstances, the judge shall be deemed of lacking efficiency:
(A) In case he\she has not initiated or decided the case within the time limit as prescribed by the law without any reasonable cause,
(B) If he\she has unduly delayed cases by not issuing order or decision at once though it has to be done or could be done at once or postpone the case unnecessarily, though it has not to be required to postpone or not to reopen the pending case or initiation of case by adopting unnecessary, irrelevant or unlawful proceedings or
(C) If he\she has accomplished the work lesser than usual standard while proceeding and disposal of the case,
(D) If he\she has made undue effect on the proceedings and decision by applying clearly inapplicable law or by forcefully adopting the different meaning or interpretation by way of avoiding the clear
and unambiguous interpretation or meaning in the course of case proceedings or decision,
(E) If he\she has made different opinion in the same legal questions reflected to different cases and taken proceedings or decision accordingly;
Provided however that, this part shall not be applicable, if the judge has changed his\her opinion given in the previous cases by mentioning grounds and reasons.
(F) If he\she has, without mentioning any work or reason, caused to make the party of the case to be present at the court unnecessarily or has been escaped from performing the prescribed work to be done in the prescribed date for presence without any reasonable cause,
(G) If he\she has, during the course of issuing order for examination of evidence, issued an order just for asking the inquiry of evidence without mentioning the facts or questions in which both of the
parties are agreed and the facts or questions to be decided in which the parties are not agreed upon and the evidences as are appeared to be taken into inquiry;
(H) If he\she has delivered judgments contrary to the precedent or legal principle laid-down by the Supreme Court, or Provided that, this provision shall not be applicable in case there is no uniformity or certainty in the precedent or legal principle laid- down by the Supreme Court because of the reason that different Benches have delivered different decisions or held different interpretation in the same legal question reflected to different cases.
(I) If he/she has performed any other functions proving that he/she doesn’t have anticipated level of competency in order to perform the duty and responsibility as per his/her position
11. Misconduct or Gross Violation of Code of Conduct:
(1) In the following conditions, the conduct of the Judge shall be deemed as misconduct:
(A) If he\she he has involved in any offence of corruption, rap, human trafficking, drugs trafficking sale and distribution, money laundering, misuse of passport, kidnapping or any other criminal offence involving moral turpitude,
(B) If he\she has consumed narcotic drugs,
(C) If he\she has used alcohol during court’s time,
(D) If he\she has performed indecent or impertinent conduct in public place or ceremony,
(E) If he\she has taken part in politics;
Provided however that the act of exercising voting right in accordance with law shall not be deemed to have taken part in politics.
(F) If he\she has, under the undue influence or against the law, initiated any proceedings or delivered the judgment,
(G) If he\she has misused the government or public property or any facilities provided to him/her, or
(H) If he\she has performed any unusual conduct in the Bench in a manner of violating the dignity of the court in contrary with the discipline or dignity of his/her position;
(2) The act of gross violation of the Code of Conduct made under this Act or violating the Code of Conduct repeatedly shall be deemed gross violation of Code of Conduct.
12. Not to have performed duties of the office honestly or performed the act with malafide intention: In the following conditions, a judge may be deemed not to have performed duties of the office honestly or performed the
act with malafide intention:
(A) If he\she has deliberately performed the act with a motive to avoid, prolong, or make an undue influence on the case,
(B) If he\she has, without any reasonable cause, not been present in the Bench in the prescribed time or avoid the case from making the hearing,
(C) If he\she has, without any reasonable cause, made delays in
writing the judgment or order within the prescribed time limit,
(D) If he\she has been absent in the court without approving the leave,
(E) If he\she has not followed the direction given by the superior
courts or directives relating to administrative affairs given by the
Chief Justice or the Chief Judge of High Court or any inspecting
judge within appropriate time.
13. Deemed to be incompetent to perform the duty:
(1) The Judicial Council shall write to the Medical Board constituted by Government of Nepal to
make assure that whether any Judge is unable to perform his/her duty due to physical or mental illness pursuant to Part (D) of Article 131, Part (D) of Sub-Article (1) of Article 142 or Part (D) of Sub-Article (6) of Article 149 or
(2) If the Medical Board makes recommendation, in the situation of writing in accordance with Sub-Section (1), stating that any Judge is unfit to perform the duty due to physical or mental illness, that Judge shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(3) In any judge refuses to check his/her physical or mental position in accordance with this Section, he/she shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(4) The Judicial Council shall make recommendation to the Chief Justice to terminate the Judge from the post, who has been found to be unfit to perform own duty due to physical or mental illness in accordance with Sub-Section
(2). Provided however that Part (D) of Article 131 shall be applied with regard to the Justice of Supreme Court
14. To take Action:
(1) The Judicial Council may give warning to the Judge for first time in the situation as specified in Section 10 or 12.
(2) The Judicial Council shall, in case not improving the situation as per the Section 10 or 12 or in case of occurrence of bad conduct or gross violation of Code of Conduct in accordance with Section 11 even while giving warning in
accordance with Sub-Section (1), take action pursuant to Part (C) of Sub- Article (1) of Article 142 or Part (C) of Sub-Article (6) of Article 149.
Provided however that Article 131 shall be applied with regard to the Justice of Supreme Court
15. Provision Relating to Inspection:
(1) The Chief Judge of the High Court shall, after carrying out inspection, send the report regarding the functions
and activities of the judge of High Court and District Courts to the Judicial Council.
(2) In addition to other things, the following details should be mentioned in the report as specified Sub-Section (1):
(A) Details of the checked annual attendance of the place where such judge has been posted;
(B) Judgments delivered by the judge throughout the year as per ratio of the cases registered in the concerned courts;
(C) Details of the judgments delivered by such judge which have been accepted or reversed by the superior courts, if any;
(D) Details of other activities regarding court management and operation.
(3) The Council shall also take the report prepared pursuant to Sub-Section (1) as a basis for assessment and for action against a judge.
(4) Other provision relating to inspection shall be as prescribed
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
: (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:
(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:
(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:
(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:
(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:
(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: 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: 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