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11. Exemption from tax

11. Exemption from tax:

Notwithstanding anything contained in the other Section of this Act, the following motor vehicles shall be exempted from tax:-
(a) A motor vehicle registered in the name of Government of Nepal
(b) A motor vehicle registered in the name of a person or mission enjoying diplomatic privileges.
(c) A motor vehicle registered in the name of a foreign national or project or international institution with whom Government of Nepal has entered into
an agreement granting tax exemption.
(d) a motor vehicle registered in the name of Village Development Committee, Municipality or District Development Committee.

(e) A motor vehicle registered in the name of a social, religious or educational institute without profit-making as recognized by Government of Nepal.
(f) A motor vehicle registered in the name of any person or organization held   by Government of Nepal to have become unable to use because of its
disorder or otherwise.

11. A power to grant remission

11. A power to grant remission: If Government of Nepal deems any reason or  condition for full or partial remission of a fine imposed on a motor vehicle
pursuant to this Act, it may by a Notification published in the Nepal Gazette, grant remission.

 12. Delegation of power

12. Delegation of power:

(1) Government of Nepal may delegate the powers conferred to it of collecting Motor Vehicle Tax under this Act by the Notification
in the Nepal Gazette to the Municipality and Village Development Committee.
(2) In the course of collecting the Mother Vehicle Tax pursuant to this Act,  the Municipality and Village Development Committee may exercise all the powers
conferred to the Tax Officer pursuant to this Act or Rules thereunder.
(3) The Municipality and Village Development Committee shall deposit the tax amount of Motor and Vehicle levied on its fund.
(4) Notwithstanding anything contained elsewhere in this Act, Government of Nepal may, if deems necessary, delegate the powers to it or Rules made
thereunder by the Notification in the Nepal Gazette to any officials or institution.

13. Power of tax director

13. Power of tax director: If there has occurred any error relating to any action or   decision made by any Tax Officer pursuant to this Act, the Tax Director may order
the tax officer to reduce the matter by either correcting such error or by regulating  the proceeding.

 16 c. Users committee :

16 c. Users committee :

(1) The warden, in co-ordination with local authorities, may form a users committee for the management of fallen trees, dry wood, firewood and grass in a national park, reserve, conservation area or buffer zone.
(2) Other rights, duties and responsibilities of the users committee formed

♣ Amended by second Amendment.
 Inserted by second Amendment.
 Inserted by third Amendment.
 Inserted by fourth Amendment.

under Sub-Section (1) shall be as prescribed.

17. Trophy will have to be produced before the licensing authority :

17. Trophy will have to be produced before the licensing authority :

(1) Any person who secures a trophy under the license obtained by him\her shall have to produce it before the
licensing authority or the officer designated by him\her within 24 hours excluding the time required for journey.

(2) The licensing authority shall maintain records of the trophies produced before him\her under sub-Section (1) and hand over the whole body or part of such wildlife to the person who has submitted it before him\her along with a certificate in the prescribed form if the authority is satisfied that the trophy has been secured in accordance with the license. Provided that, if the license has been issued on the condition that the whole body or part of the wildlife that was to be hunted should be owned by Government of Nepal, the condition shall apply accordingly.

18. Prohibition to possess trophy without a certificate :

18. Prohibition to possess trophy without a certificate :

(1) Any person, who has secured trophy prior to the implementation of this Act, shall produce such trophy before the
prescribed officer within the prescribed time limit and obtain a certificate in the prescribed form.
(2) Government of Nepal may seize any trophy that is possessed without obtaining a certificate under the Sub-Section (1) or the Sub-Section (2) of the Section 17.

 19. Prohibition to sell, supply or conduct trade in trophy without license:

♣ 19. Prohibition to sell, supply or conduct trade in trophy without license:

(1) No person shall be permitted to sell or supply trophy, or hand over his\her title in any manner or conduct trade in trophy without obtaining a license from the prescribed authority.
(2) Any person who has acquired title to any trophy through purchase or transfer from a person who has obtained a license pursuant to Section (1) shall register such trophy with the prescribed authority within the prescribed time limit and obtain a certificate of ownership of the trophy.

Amendment by first Amendment.
♣ Amended by second Amendment.

21. Necessary action can be taken for self-defense :

21. Necessary action can be taken for self-defense :

(1) To save one’s own life or any other person’s life or domestic animal from the actual and sudden attack of any
wildlife, and when one is left with no option but to use arms or take any other measures against such wildlife, he\she may act accordingly. If any wildlife is killed or wounded in such action, it shall not be considered a crime committed under this Act.
(2) In case any wildlife is killed or wounded as mentioned in Sub-Section (1), a notice shall have to be given to the prescribed officer within 24 hours of such action excluding the time required for journey.
(3) The privilege mentioned in the Sub-Section (1) shall not be available to the persons, who has been acting in contravention of this Act or the Rules framed under the act.

23. Power to inspect and search :

23. Power to inspect and search :

The prescribed officer may, after securing a warrant from the prescribed officer, enter into and search the house, compound, land or all types of vehicle belonging to a person at any time or to arrest him\her if there is a reasonable ground to believe that the person has done any act in contravention of this Act, and it becomes necessary to collect the evidence or proof of such action. Provided that, there is a possibility that it may take some time to obtain a
warrant to enter into and search any house, compound, land or vehicle and that the

♣ Amended by second Amendment.
♦ Amended by fourth Amendment.

offender is likely to abscond or suppress evidence of his\her offense during the time, the prescribed officer may enter into and search such house, compound, land or vehicle at any time after duly preparing written records of such matters. Explanation: Officers below the rank as specified in Section 30 shall not enter into and search any house, compound, land or vehicle without a warrant under this Section. In the circumstances when the offender is not arrested or evidence is not recovered in the course of such entry or search without a warrant, the officer making
such entry or conducting search shall issue a certificate of such entry or search to the concerned person, and also forward a written notice to the prescribed officer within 15 days of such entry and search, indicting the reasons for doing so.

24. Power to arrest without warrant:

24. Power to arrest without warrant:

(1) In case there are reasonable grounds to believe that the offender under this Act is likely to escape, the authorized officer may arrest him\her without a warrant. The arrested person shall be produced before the adjudicating  authority for legal action within 24 hours excluding the time required for journey.

(2) In case any offender, or any of his\her accomplices resort to violence in an attempt to free him\her or resist his\her arrest or struggles after his\her arrest by the authorized officer under the Sub-Section (1), or if a circumstance arises when the offender tries to escape or his accomplices tries to free him\her or in case the life of
the person making the arrest appears to be in danger, or in case he has no alternative but to resort to the use of arms, he\she may open fire aiming, as far as possible, below the knee, and if the offender or the accompanies dies as a result of such firing, it shall not be deemed to be an offense.

25. Reward may be given :

♣25. Reward may be given :

♦ (1) Any person who furnishes information that leads to the arrest of a poacher who has killed or injured rhinoceros, tiger, elephant, musk deer, clouded leopard, snow leopard or bison, may be rewarded with an amount of up to fifty thousand rupees. Any person who furnishes information about a poacher who

♣ Amended by second Amendment.

has killed or injured any other protected animals, other than the wildlife mentioned above, and leads to his arrest may be rewarded with an amount of up to twenty five thousand rupees.

(2) Any person who furnishes information about a person, who is in unlawful possession of trophies and if the information leads to the arrest of the illegal possessor, or who captures such person may be rewarded fifty percent of the amount collected from the auction of the trophies if such trophies are auctioned. In case the trophies cannot be sold by auction from the point of view of wildlife conservation, an amount of up to ten thousand rupees could be rewarded, considering the condition, importance and quantity of such trophies.

(3) Any person who furnishes information about an offense under this Act other than those mentioned in Sub-Section (1) and (2), which leads to the arrest of the accused may be rewarded with up to one thousand rupees.

26. Punishment:

♣ 26. Punishment:

♦ (1) Any person who illegally kills or injures, sells, purchases or transfers or obtains rhinoceros, tiger, elephant, musk deer, clouded leopard, snow leopard or bison, or keeps, purchases or sells rhinoceros horn or musk-pods or the fur of snow leopard as well as trophies of any other protected wildlife, shall be punished with a fine ranging from fifty to one hundred thousand rupees or an imprisonment ranging from five years to fifteen years or both.

♦ (2) Any person who kills or injures any other protected wildlife other than those mentioned in Sub-Section (1) shall be punished with a fine ranging from forty

♦ Amended by fourth Amendment.
 Inserted by fourth Amendment.
♣ Amended by second Amendment.
♦ Amended by fourth Amendment.
♦ Amended by fourth Amendment.

to seventy five thousand rupees, or face an imprisonment ranging from one year to ten years or both.

(3) Any person who hunts and kills or injures wildlife other than birds and fish inside a national park, strict nature reserve or wildlife reserve without obtaining a license shall be punished with a fine ranging from one thousand rupees and ten thousand rupees or face imprisonment ranging from six months to two years or both.

(4) Any person who hunts and kills or injures protected birds shall be punished with a fine ranging from five hundred rupees and ten thousand rupees or face imprisonment ranging from three months and two years or both.

(5) Any person who hunts and kills or injures birds other than protected birds inside a national park, strict nature reserve or wildlife reserve without obtaining a license shall be punished with a fine ranging from two hundred rupees and ten thousand rupees, or face imprisonment ranging between three months and two years or both.

(6) Any person who commits an offense other than those mentioned in SubSection (1), (2), (3), (4) and (5), in contravention of this Act or the Rules framed under the Act shall be punished with a fine up to ten thousand rupees or two years imprisonment or both depending on the nature of the case.

27. Punishment for accomplices:

27. Punishment for accomplices:

In case any person who knowingly helps any person in committing any offense punishable under this Act, such accomplice shall be punished with half the punishment to be given to the principal offender. Provided that a person who helps in committing any offense related to rhinoceros, tiger, musk deer or elephant shall be punished with the penalty equivalent to the one awarded to the principal offender.

28. Power to confiscate:

28. Power to confiscate:

In case any person accused of breaking this Act or the Rules framed under this Act is convicted, the adjudicating authority may confiscate the trophies, weapons, means of transport and other materials connected with such


Inserted by second Amendment.

offense. Provide that, the seized hunting dog may be killed on the order of adjudicating official before the case is disposed of.

30. Investigation and filling of cases :

30. Investigation and filling of cases :

(1) All investigations of offenses under this Act shall be conducted by a Ranger or an employee up to the rank of Subedar who is connected with forest and wildlife management or by an employee at least of the rank of Non-Gazette
Class First or by an employee at least with the rank of sub-inspector in the Police force. Upon the completion of such investigations, he\she shall file the case before the adjudicating officer in the name of national park office or reserve office or wildlife conservation office or forest office or any other office discharging the functions relating to forests.

(2) While filling a case before the Adjudicating Authority under the SubSection (1), the concerned officer may consult a Government Attorney.

31. Power to hear cases :

31. Power to hear cases :

(1) The prescribed court or Authority shall have the power to hear and dispose of cases under this Act.
(2) While disposing of cases under Sub-Section (1), the prescribed court or Authority shall follow the same procedure adopted by the court with original jurisdiction.
(3) An appeal may be filed before the Appellate Court against the decision made or order issued by the court or Authority prescribed under Sub-Section (1) within 35 days after such decision is made or order issued.

schedule-1

schedule-1
[Relating to Section 10] Protected Wildlife
Mammals
Assamese Monkey – Macaca assamensis
Pangolin – Manis crasscaudata and Manis pentadactyla
Hispid Hare – Caprolagus hispidus Gangetica
Dolphin – Platanista gangetica
Grey Wolf – Canis lupus
Himalayan Brown Beer – Ursus arctos
Red Panda – Ailurus fulgens
Lingsang – Prionodon pardicolor
Striped Hyena – hyaena hyaena
Leopard Cat -Felis (Prionailurus) bengalensis
Lynx – Lynx lynx
Clouded Leopard – Neofelis nebulosa
Tiger – Panthera tigris tigris
Snow Leopard -Uncia uncia
Wild Elephant – Elephas maximus
One-horned rhinoceros – Rhinoceros unicornis
Pygmy Hog -Sus salvanius
Musk Deer -Moschus chrysogaster
Swamp Deer -Cervus duvaucelii
Gaur -Bos gaurus
Wild Yak -Bos grunniens (mutus)
Wild Buffalo – Bubalus arnee

Great Tibetan Sheep – ammon hodgsonil
Tibetan Antelope – Pantholops hodgsoni
Black buck -Antilope cervicapra
Four-horned Antelope – Tetracerus quadricornis
Birds
Black Stork – Ciconia nigra
White Stork – Ciconia ciconia
Sarus Crane – Grus antigone
Cheer Pheasant – Catreus wallichii
Impeyon pheasant – Lophophorus impejanus
Crimson-horned Pheasant – Tragopan satyra
Bengal Florican – Houbaropsis bengalensis
Lesser Florican – Eupodotis indica
Giant Hornbill – Buceros bicomis
Reptiles
Python -Python molurus Gharial
Crocodile -Gavialis gangeticus
Golden Monitor Lizard – Varanus flavescens

Jhora Area Land Act, 2028 (1971)

Date of Authentication and Publication
2028.6.6. (22 Sept. 1971)
Amendment
Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010) 1 2066.10.7 (21 Jan., 2010)
Act Number 13 of 2028 (1971)
An Act Enacted to Make Arrangements Relating to Land in Jhora Areas
Preamble: Whereas, it is expedient to make timely arrangements regarding reclaimed Jhora Land in Morang, Sunsari and Jhapa districts in order to maintain
peace and order and insure the economic interests of the general people, Now therefore, be it enacted by His Majesty King Mahendra Bir Bikram
Shah Dev, on the advice and with the consent of the Rastriya Panchayat.

1. Short Title, Extent and Commencement:

(1) This Act may be called the “Jhora Area Land Act, 2028 (1971)”.
(2) This Act shall be commenced on the Jhora land of Morang, Sunsari and Jhapa districts.
(3) This Act shall be commenced to such prescribed Jhora Land on such dates as prescribed by the Government of Nepal by a Notification in
the Nepal Gazette.2

This Act came into force on 15 Jestha 2065, “Prasasti” and the word “Kingdom” has been deleted.
Date and place of commencement of Act:
(a) By a Notification of 2028.7.29 of Nepal Gazette, the Act commenced in the Jhora Land of Morang, Sunsari and Jhapa  districts from 2028.8.1.

2. Definitions: Unless otherwise meant with reference to the subject or context, in this Act,
(a) “Jhora Area” means settled area of cleared (Phadani) forest as authorised by the law.
(b) “Landowner” means a person in whose name lands have been registered or who has the right to register land in his/her name
pursuant to the prevailing Nepal Law.
(c) “Cultivator/peasant (Raiti)” means a person who has settled down on land situated in the Jhora land and who is cultivating such lands
through his/her own labour or the labour of his/her family.
(d) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under the Act.

3. Title of Landowners to Lapse:

(1) All rights and titles of any lands within Jhora areas where this Act came into force shall lapse, in case such land is not cultivated by him/her and cultivated through tenants.
(2) Except otherwise explicitly provided for in this Act, irrespective of whether any decision has already been made to allot land within Jhora
area to any person before the commencement of this Act, no such land shall be obtained by or registered in his/her name through to such decision after
the commencement of this Act.
(3) The landowner, whose title to the land is lapsed pursuant to Subsection (1), shall be paid not exceeding Five times of the amount of the land
revenue payable thereon as compensation.
Provided that, no compensation shall be paid for any land which has not already been registered pursuant to the prevailing Nepal Law.

(b) By a Notification of 2034.10.5 of Nepal Gazette, the Act commenced in the mentioned areas of Sunsari district from 2034.10.5

(4) The amount of compensation payable to the landowner pursuant to Sub-section (3) shall be obtained from the prescribed office or agency in
the prescribed manner.

4. Sale and Distribution of Land:

(1) Land within Jhora area, where this Act came into force, shall be sold by the prescribed authority to peasants who have settled down there and who have been cultivating such land, for a period of at least One year, at the rate of a maximum of Four Bighas each, with due consideration to the size of the family of each peasant.
(2) Lands left over after sale or distribution pursuant to Sub-section (1) shall be sold or distributed by the prescribed authority to the prescribed
persons at the prescribed price and in the prescribed manner.

5. Registration of Land:

(1) The prescribed authority shall register the land, so distributed pursuant to Section 4 in the name of those persons to whom it has been sold in the prescribed manner; and forward a certified copy of such register to the concerned Land Revenue Office or to the Land Administration Office in areas where Land Revenue Office does not exist.
(2) On receipt of the certified copy of the register pursuant to Subsection
(1), the concerned Land Revenue Office or the Land Administration Office shall register such land in the name of such person (allottee) as a
landowner.

6. Conditions to be fulfilled by Allottee: A person who obtains land pursuant to Section 4 shall comply with the following terms and conditions:
(a) To pay the stipulated price of the land in a lump sum or in installments in cash at the prescribed time and office. Provided that, this provision shall not be deemed to have affected the right of any person to pay the amount due in full or in One or more installments before the stipulated time-limit.
(b) Not to relinquish possession thereof through sale, gift, donation, or  otherwise, or mortgage it to any person other than the Agricultural
Development Bank or any other institution which supplies credit to peasants and has been established according to law, or to the prescribed administration until the full price of land is paid pursuant to Section 4.
(c) To pay land tax payable from the year of registration on such land according to prevailing Nepal Law.

7. Power to Adopt the Procedures and Exercise the Powers of a Special Court: In relation to cases arising in the course of actions taken
pursuant to this Act, the prescribed authority shall adopt the procedure and exercise the powers as referred to in Special Court Act, 2059.

8. Penalties: (1) In case any person obtains lands on the basis of false particulars, or contravenes any of the provisions of Section 6, the prescribed authority may confiscate the lands obtained by him/her and forfeit the amount paid by him/her while obtaining such lands.
(2) In case any person creates any obstruction in the course of action being taken pursuant to this Act, the prescribed authority may punish with a
fine not exceeding One Thousand Rupees, or with imprisonment upto One year or with both.

9. Complaints or Appeal not to be entertained: No suit, complaint or appeal shall be filed against any action taken or decision make by the prescribed authority pursuant to this Act or the Rules framed hereunder shall be entertained.
Provided that, if any complaint is filed against the prescribed authority, Government of Nepal may review such decision.

 

10. Power to frame Rules: Government of Nepal may frame Rules for the purpose of implementing the objectives of this Act. 11. Saving: In matters provided for in this Act and the Rules framed hereunder, action shall be taken accordingly and in other matters action shall be taken in accordance with prevailing Nepal Law.

National Guidance Act, 2018 (1961)

Date of Authentication and Publication
2018.9. 13 (27 Dec. 1961)
Amendments:
1. Some Nepal Acts Amendment, Repeal and Continuance Through Rearrangements Act,
2019 (1963) 2019.12.30 (12 April 1963)
2. National Guidance (Amendment) Act, 2021(1964) 2021.8.1( 6 Dec. 1964)
3. National Guidance (Second Amendment) Act, 2024 (1967) 2024.4.4(19 July 1967)
4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)1
2066.10.7(21 Jan. 2010) Act Number 31 of the Year 2018 (1961)
An Act Made to Provide for Powers to Make National Guidance
Preamble: Whereas, it is expedient to provide for powers to make national guidance in order to enable class and professional organizations to use their
strength in their class and professional interests and development as well as in the  building and development of the nation, so as to maintain cordial relations
between the people of various classes, professions or sectors and maintain the   decency, convenience, economic interest, courtesy and morality of the general
public2 , Now, therefore, be it enacted by His Majesty King Mahendra Bir Bikram Shah Dev has enacted this Act, pursuant to Section 93 of the Constitution of
Nepal3
.
1. Short title, extent and commencement:

(1) This Act may be called as  the “National Guidance Act, 2018 (1961)”.
(2) This Act shall extend throughout Nepal.
(3) It shall come into force immediately.

2. Definitions: Unless the subject or the context otherwise requires, in this  Act,-
(a) “Class and professional organization” means the children organization, ……….4
youth organization, women organization, farmers organization, laborus organization and similar other class and professional organization established and operated for the interest and development of any specific class or profession and with the main goal of the building and development of the nation.
(b) “Statute” means a statute famed to establish, operate any class and professional organization and carry out other related functions, with
specification of the main goal, and also includes amendments made to such a statute.

3. Prior approval of the Government of Nepal to be obtained: (

1) No ne shall establish any class and professional organization without obtaining prior approval of the Government of Nepal pursuant to this Act.

(2) Any person or persons desiring to establish a class and professional organization shall make an application, accompanied by a
copy of the statute establishing the organization, providing for the operation and other relevant activities of the organization, with specification of the
main goal, to the Government of Nepal.
(3) After an application is made by any one pursuant to Sub-section 2), the Government of Nepal shall inquire into whether it is intended to be established for the interest and development of any specific class or profession and the building and development activities of the nation, as per  the application and the statute submitted along with the application, and give approval to establish, operate the class and professional organization according to the statute by also amending the statute if it appears necessary  to make any amendment to the statute for the purpose of the accomplishment of the objective and to carry out other related activities. If the Government of Nepal considers that such an organization is not intended to be established for the interest and development of any specific
class or profession and with the main goal of building and making development of the nation or such an organization may be prejudicial to the national interest, the Government of Nepal may also reject such an application without showing any reason.
(4) The statute approved with or without amendment by the Government of Nepal pursuant to this Section shall not be amended or repealed and another statute enforced without approval of the Government of Nepal.
(5) The Government of Nepal may take preliminary action to establish, operate children organization, ………5 youths organization, women organization, farmers organization, labors organization and ex-army organizations and other activities pertaining thereto. These organizations shall also act in consonance with the statute approved by the Government of Nepal.
(6) Where the Government of Nepal intends to establish any specific class and professional organization on its own or the Government of Nepal
has already recognized that any specific class and professional organization is a nation wide class and professional organization, the Government of
Nepal shall not give approval to establish more than one such organization of the same class or profession.

(7) Notwithstanding anything contained in this Act and the statutes of class and professional organizations, the Government of Nepal may, if it so considers necessary, amend the statute of the class and professional organization in consultation with the executive committee of the concerned organization.

(8) Notwithstanding anything contained in the aforesaid Subsections, if the students of a university or college or any educational  institute of the standard specified by the Government of Nepal intend to open any association or organization for the physical, intellectual and cultural development, they may open such an association or organization with the approval of the Vice-chancellor or Pracharya or head teacher. In giving approval to open such an association or organization, the approval giving authority shall give such an approval in accordance with the rules framed under this Act. If any student of such an educational institute opens or attempts to open any association or organization without obtaining approval of the Vice-chancellor or Pracharya or head teacher or does any act in contravention of the said objective or rules, the Vice-chancellor or Pracharya or head teacher of the concerned institute may expel such a student for a maximum period of Two years. A student who is so expelled from any educational institute shall not be admitted to any teaching institute in Nepal for study and training during the period of expulsion.
4. ……………8
5. Power of the Government of Nepal to give national direction: The Government of Nepal may from time to give such directions to various class and professional organizations and other organizations of Nepal in relation to their activities and functions, bearing in mind the national interest, and it shall be the duty of the concerned organization to abide by  such directions.

5A.9 Delegation of powers: The Government of Nepal may, by a notification in the Nepal Gazette, delegate any or all of its powers and duties under this
Act as to be exercised and performed by any authority specified in the notification, and any order or direction given by that authority shall be
deemed as if it were given by the Government of Nepal.

6. Penalty: (1) If any person or persons opens/open any class and professional organization without approval of the Government of Nepal, each of such person shall be liable to a fine not exceeding Five Hundred Rupees or imprisonment for a term not exceeding Six months or both punishment, by an order of the Government of Nepal, and the organization so established shall also be illegal.
(2) If any class and professional organization or other organization or its committee or member does not abide by any direction given by the
Government of Nepal under this Act or the Rules framed under this Act or does any act in contravention of the statute approved by the Government of Nepal, such an organization, committee or member may be liable to a fine not exceeding Five Hundred Rupees class and professional organization by order of the Government of Nepal or may be suspended until the period specified in that order or may be dissolved.

7. Validity of previous acts: All acts done by the Government of Nepal in relation to class and professional organizations and such organization established and operated with the approval of the Government of Nepal prior to the commencement of this Act shall be deemed to have been done and established and operated under this Act, and acts done by such organization and not contrary to this Act shall also be deemed to have been done under this Act.

8. Question not to be raised in court: Any order, direction given by the Government of Nepal under this Act or the Rules framed under this Act shall be final and no question may be raised in any court in relation to such an order, direction.

9. Power to frame Rules: The Government of Nepal may from time to time frame Rules without being prejudicial to this Act, for the implementation of
the objectives of this Act. These Rules shall come into force only after being published in the Nepal Gazette.
10. Saving: …………………10

10 Deleted by Some Nepal Acts Amendment, Repeal and Continuance Through Rearrangements Act, 2019 (1963).

Loan and Guarantee Act, 2025(1968)

Date of Royal Seal and Publication
2025.7.9(25-10-1968)

Amending Acts:

1. Loan and Guarantee (First Amendment) Act, 2030(1973) 2030.5.15(31-8-1973)
2. Loan and Guarantee (Second Amendment) Act, 2033(1976) 2033.7.4(20-10-1976)
3. Loan and Guarantee (Third Amendment) Act, 2041(1984) 2041.5.15(3-9-1984)
4. Loan and Guarantee (Fourth Amendment) Act, 2043(1986) 2043.4.30(14-8-1986)
5. Loan and Guarantee (Fifth Amendment) Act, 2045(1985) 2045.6.26(12-10-1988)
6. Loan and Guarantee (First Amendment) Act, 2048(1991) 2048.7.28(14-11-1991)
7. Loan and Guarantee (Seventh Amendment) Act, 2050(1993) 2050.6.27(13-10-1993)
8. Loan and Guarantee (Eighth Amendment) Act, 2051(1995) 2051.9.28(12-1-1995)
9. Loan and Guarantee (Ninth Amendment) Act, 2052(1995) 2052.7.21(7-11-1995)
10. Loan and Guarantee (Tenth Amendment) Act, 2053(1996) 2053.7.19(4-11-1996)
11. Loan and Guarantee (Eleventh Amendment) Act, 2054(1997) 2054.8.26(11-12-1997)
12. Loan and Guarantee (Twelfth Amendment) Act, 2054(1998) 2055.6.28(14-10-1998)
13. Loan and Guarantee (Thirteenth Amendment) Act, 2058(2001) 2058.8.14(19-11-2001) Date of Authentication and publication
14. Loan and Guarantee (Fifteenth Amendment) Act, 2063(2006) 2063.6.5(21-9-2006)
15. Loan and Guarantee (Sixteenth Amendment) Act, 2065(2008) 2065.9.2(17-12-2008)
16. Loan and Guarantee (Seventeenth Amendment) Act, 2066(2009) 2066.8.10(25-11-2009)
17. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010)1 2066.10.7.(21-1-2010)
Act Number 19 of the year 2025
………………..

An Act Made To Provide for Power to Borrow Loans and Give Guarantee
Whereas, there is a constitutional provision that no loan shall be borrowed nor guarantee be given except in accordance with law; and
Whereas, it is expedient to provide for powers that the Government of Nepal may from time to time borrow loans as required against the security of the consolidated fund or other governmental fund for development works of 3……..Nepal and that it may give guarantee in a manner to be chargeable on such fund;
Now, therefore, His Majesty King Mahendra has, on the advice and with the consent of the National Panchayat, enacted his Act.

1. Short title, extension and commencement:

(1) This Act may be called as Loan and Guarantee Act, 2025(…).
(2) This Act shall commence at once.

2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Agency” means any international and foreign agency and institution.

1 This Act came into force on 15 Jesta 2065(28-5-2008).
2 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
3 Repealed by Republic Strengthening and some Nepal Laws Amendment Act, 2066(2010)
(b) “Institution” means a body corporate company or firm established pursuant to Nepal law.

3. Power to borrow loan:

(1) 4 The Government of Nepal may from time to time borrow loan in foreign currency to be set as per the prevailing exchange rate in an
amount not exceeding a total of three hundred thousand million rupees as per necessity, from any foreign government or agency for any approved development
plan.
Explanation: Only the amount due and payable by the Government of Nepal, out of the amount as referred to in the loan agreement concluded with a
foreign government or agency shall be considered as a loan.
(2) The amount of principal and interest of a loan borrowed pursuant to sub-section (1) shall be chargeable on the consolidated fund or other government
fund, and the period of repayment of the principal or interest of such a loan shall be as specified in the agreement concluded with the lending foreign government or
agency.

4. Power to give guarantee: (1)6 The Government of Nepal may cause a loan to be lent by any foreign government or agency or other institution and give guarantee
for the loan for any project included in any approved development plan or for the purchase of a new aircraft for the Nepal Airlines Corporation.
(2) In giving guarantee pursuant to sub-section (1), the Government of Nepal shall consider the matters namely the reason why the institution is borrowing loan, national interest to be served by the borrowing and whether the principal and interest of the loan can be repaid within the period specified in the
agreement concluded with the lending foreign government or agency or institution.
(3) An institution that has borrowed a loan against the guarantee given by the Government of Nepal pursuant to sub-section (1) shall not revaluate its
capital, reduce its capital and any act that has the potentiality of freezing capital without prior approval of the Government of Nepal, and it shall be the duty of
such an institution to abide by the directions given by the Government of Nepal from time to time on any matters falling within the ambit of that loan.
(4) If an institution which has borrowed a loan against the guarantee given by the Government of Nepal pursuant to sub-section (1) is dissolved or the
Government of Nepal is of the opinion that the institution is likely to be dissolved, the Government of Nepal shall withhold the assets of the institution and recover
the amount to the extent of the guarantee given by it as well as interest thereon.
(5) Notwithstanding anything contained in the prevailing Nepal law, no person shall have any claim on the assets of the borrower institution until the
amount guaranteed by the Government of Nepal as well as interest thereon is recovered.
(6) If there is a possibility that an institution which has borrowed a loan against the guarantee given by the Government of Nepal may suffer loss or be
dissolved, the partners of the institution if it is a firm, and the chief administrative office of the institution if it is a body other than a firm shall, also taking advice of
the board of directors, make a detailed report to Government of Nepal immediately.

(7) If an institution which has borrowed a loan against the guarantee given by the Government of Nepal fails to repay the principal or interest as per the
agreement concluded with the lending foreign government or agency or institution, the amount of the principal or interest that could not be so repaid shall
be chargeable on the consolidated fund or any other government fund.

5. Commission:

(1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, take commission at the rate specified in the notice in consideration
for the guarantee given pursuant to sub-section (1).
(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may exempt wholly or partly the commission as referred to
in that sub-section or remit the same.

6. Matter of borrowing of loan or giving of guarantee to be laid before Legislature-Parliament7
: The agreement on the borrowing of a loan or the giving of a guarantee by the Government of Nepal pursuant to this Act shall be laid
before the Legislature-Parliament8 as promptly as possible.

7. Repeal: The Loan Act, 2017 (…) is hereby repealed.

 

Narcotic Drugs (Control) Act, 2033 (1976)

Date of Authentications and publication :
2033/6/10 ( 22 sectember 1976)
ACT NO. 24 OF THE YEAR 2033 (1976)
1. Narcotic Drugs (Control) (First Amendment) Act, 2043 2043/7/24
2. Narcotic Drugs (Control) (Second Amendment) Act, 2044 2044/6/9
3. Some Nepal Acts Amendment Act, 2048 2049/1/8
4. Narcotic Drugs (Control) (Forth Amendment) Act, 2049 2050/2/32
5. Some Nepal Acts Amendment Act, 2055 2055/10/7

Chapter 1

Chapter 1 Preliminary
1. Short Title, Extent and Commencement :

(1) This Act may be called the “Narcotic Drugs (Control) Act, 2033 (1976).”
(2) It shall extend throughout Nepal.
(3) It shall come into force immediately.

2. Extra Territorial Application of the Act :

(1) This Act shall also be (apply) to Nepalese citizen or foreigner, who, while residing in a foreign country, conduct transaction of export or import of narcotic drugs from or into Nepal in contravention of this Act or Rules framed or order issued hereunder.
(2) Any person who commits any act mentioned under Sub-section (1) shall be prosecuted and punished according to this Act as if he/she had
committed such act within Nepal.

3. Definition : In this Act, Unless the subject or context otherwise requires :-
(a) “Narcotic Drug” means:
(1) Cannabis/ marijuana
(2) Medicinal cannabis/ marijuana
(3) Opium
(4) Processed opium
(5) Medicinal opium
(6) Plants and leaves of coca, and
(6A) Any substances to be prepared by mixing opium and extract coca, including mixture or salt.
(7) Any natural or synthetic narcotic drug or psychotropic substances and their salts and other substances as may be specified by the Government of Nepal by a notification published in the Nepal Gazette, from time to time,
(b) “Cannabis/ marijuana” means:
(1) Any plant of cannabis/ marijuana genus including hemp and siddha and also includes the leaves and flowers thereof.
(2) Natural resin, gum, and sap obtained from Hashish (chares) and cannabis/ marijuana plants, and,
(3) Any substance containing any of the extract, substance, essence, mixture and beverage containing any of the
substances mentioned above.
(c) “Medicinal cannabis/ marijuana” means the extract or essence of cannabis/ marijuana.
(d) “Opium” means the coagulated juice of the opium poppy.
(e) “Processed opium” means the opium prepared for consumption and also includes the residue left after smoking such opium.
(f) “Medicinal opium” means the opium prepared in any form following  any formula (method) for medicinal purposes.
(g) “Plants and leaves of coca” means the plants and leaves of any plant of the erythroxylon genus as defined in the Single Convention on Narcotic
Drugs, 1961.

♣___________________________
Inserted by the third Amendment.

(h) “Preparation” means the solid or liquefied mixture of one or more narcotic drugs to be prepared in the form of dosage.
(i) “Production” means the extraction of cannabis/ marijuana, hemp, Siddha or Hashish (chares) from the cannabis/ marijuana plant or the separation of
leaves from coca plants.
(j) “Manufacture” means all the forms of extraction of narcotic drugs, other than production and this term also includes the processing of narcotic
drugs, transformation of one kind of narcotic drug into another, or the process of preparing narcotic drugs other than for medical purposes.

(j1) “Controlled delivery” (Controlled payment technique) means the drugs technique of allowing traffic of narcotic drugs putting it into the pocket
in the original condition or any thing like that instead of narcotic drugs under the direct supervision of the Narcotic Investigation Authority, with
a view to identifying the final destination and the recipient person involved in the illicit traffic of the narcotic drugs from or through the
Nepal to other countries.
♣
(j2) “Investigating Authority” means personnel at least up to the rank of Assistant sub-inspector of police or at least up to the rank of Kharidar,
designated by the chief of Narcotic Drugs Control Law Enforcement Agency, in course of the investigation of the narcotic drugs control.
♣
(j3) “Treatment Centre” means a treatment centre approved by Government of Nepal for the treatment and rehabilitation of narcotic
drug addicts.
♣
(j4) “Addiction” means the act of consumption of narcotic drugs in more than the dosage and quantity even under the prescription of recognized
medical practitioner or without the prescription of such medical practitioner.

♣_________________________
Inserted by third Amendment.
♣
Inserted by third Amendment.
♣
Inserted by third Amendment.
♣
Inserted by third Amendment.

(k) “Drugs Control Officer” means the officer appointed or designated by Government of Nepal pursuant to Section 21.
(L) “Prescribed” or “As Prescribed” means prescribed or ∇ as prescribed in the Rules framed or orders issued under this Act.

Chapter 2

Chapter 2 Prohibition and Control
4. Prohibited Acts : No person shall:

(a) Cultivate, produce, prepare, purchase, sell, distribute, export or import, conduct any trafficking, store, or consume cannabis/
marijuana,
♥
(b) Cultivate opium or coca or produce opium or coca leaves or other narcotic drugs,
(c) Manufacture or prepare narcotic drugs,
(d) Sell or distribute narcotic drugs,
(e) Export or import narcotic drugs,
(f) Purchase, store, possess, or conduct any trafficking narcotic drugs,
(g) Consume narcotic drugs other than cannabis/ marijuana. Provided that:
(1) Government of Nepal may frame Rules regulating the  production of hashish (chares) from wild cannabis/ marijuana plants growing in the western hilly region of the Nepal and the collection, storage, sale and purchase of such hashish (chares) for a specified period, and no act done by any person in accordance with the license obtained under

______________________________
Inserted by First Amendment .
♦
Amended by second amendment.
♥
Amended by First amendment .
♥
Amended by First amendment .
∇
Inserted by First Amendment .

such Rules shall be deemed to constitute an offence under this Section.
⊕
(1A) Chemical substance to be used for preparation of narcotic drugs from among the medicines defined in the Single Convention on Narcotic Drugs, 1961 may be exported, imported, stored, conducted trafficking, sold, distributed and used only in the quantity as prescribed by the Chief
Narcotic Drugs Control Officer.
(2) The procedure of the license issued under Clause (1) of this Proviso and format and condition of such license, license issuing Authority, fee to be
charged for such license and any other measure to be taken for the control and management of the activities under such license shall be as prescribed.
∇Explanation : For the purpose of Clause (b),(c),(d),(e) and (f) of this section the “narcotic drugs” shall not mean the cannabis/ marijuana.

5. Non-applicability of Prohibitions: Notwithstanding anything contained in other Sections of this Act, consumption of narcotic drugs by persons falling
under the following categories in the following circumstances shall not be deemed to have been prohibited:-
(a) Purchase and consumption of narcotic drug by any person in the recommended dose from any licensed shop on the recommendation of any recognized medical practitioner for the purpose of medical treatment.
(b) Consumption of narcotic drugs by persons belonging to the prescribed categories in prescribed doses.
∇
5A. Note to be made on the prescription Paper of the Medical Practitioner : If a person comes to purchase narcotic drugs with the prescription of a
recognized medical practitioner the licensed shop keeper shall make a note of the

____________________________
Inserted by Second Amendment .
∇
Inserted by First Amendment .
∇
Inserted by First Amendment .

sale on the prescription paper of the medical practitioner after narcotic drugs is sold to such person.

5B. Responsibility of the Medical Practitioner: While prescribing narcotic drugs, the medical practitioner shall not prescribe it to those who do not need it or

prescribe more than what the requirement is even to those to whom it is required. 6. Prohibition not to be applied to Government of Nepal : Nothing contained in
this Act shall be deemed to have prevented Government of Nepal or any institution working under the full and complete supervision and control of
Government of Nepal after obtaining a special license, from cultivating, preparation, producing, manufacturing, exporting or importing narcotic drugs for
purposes of medicine or scientific research or from selling narcotic drugs to any person on the recommendation of a recognized medical practitioner.

7. Authority Empowered to Issue Warrants : The Narcotic Drugs Control Officer may issue warrants for the arrest and search of any person if he/she has
reason to believe that such person has committed or is about to commit any offence punishable under this Act. The Narcotic Control Officer may issue orders
for conducting a search of any building, land, vehicle or any other place if he/she has reason to believe that any person connected with the offence has been hiding
in such building, land, vehicle or other place or that any narcotic drug has been kept therein.

8. Power to Enter, Search, Seize and Arrest Without a Warrant : (1) If there is reason to believe that any offence punishable under this Act is being committed
in any building, land, vehicle or other place and that the offender may escape or that evidence of the offense may disappear, the Narcotic Drugs Control Officer or
a police personnel at least up to the rank of Assistant Sub-Inspector of Police may, after making a record to that effect, take any of the following actions at any
time:-
(a) To enter into such building, land, vehicle or any other place,

_____________________
Inserted by Second Amendment .

(b) To break the gate or resort to other necessary actions if any obstruction is caused to such entry,
(c) To seize all narcotic drugs and other materials connected with the offence, and any other document which may serve as evidence,
(d) To detain and to search any person and if necessary, arrest him/her if there is a reason to suspect that such a person has
committed an offence.
(2) Entry into or search of any building, land, vehicle or any other place under Sub-section (1) shall be conducted, if time so allows, in the presence of a
∂member of the concerned Municipality or Village Development Committee or any local gentleman or an employee of any government office.
♣
Provided that, if there is proper ground of non-availability of a member of Municipality or Village Development Committee or Ward Committee or
gentlemen of that locality or presence of employees of other government offices for preparing the report, even of attempts were made to that effect, the report
may be prepared in the presence of at least two Narcotic Drug Investigation Officers or in the presence of two personnel at least to the rank of Assistant
sub-inspector of police.
♣
8A. The Particulars of Financial Transaction may be Demanded : (1) Notwithstanding anything contained in the prevailing laws, if there is reliable
ground that any person, organisation-institution, firm, company or international organisation has carried out illegal transaction of narcotic drugs, the Narcotic
Drugs Control Officer may ask for the particulars of the account of such person, firm, organisation – institution, company or international organisation, kept in
any bank or financial institutions.
(2) In case the amount mentioned in the particular obtained pursuant to Sub-section (1), is seen to be used in the illegal transaction of narcotic drugs,

_________________________
Amended by Some Nepal Act Amendment Act , 2048
♣
Inserted by third Amendment.
♣
Inserted by third Amendment.

the judicial authority may give order to the concerned bank or financial institution for freezing such amount.

9. Report of Arrest and Seizure to be submitted : – When an arrest is made of any person or search is undertaken of any person, building, land, vehicle or any
other place, or if any narcotic drug or other material is seized under this Act, the Narcotic Drugs Control Officer shall submit a report thereon to his/her
immediate superior within twenty four hours of such arrest, search or seizure.
♣

9A. Secrecy to be maintained : In case a demand is made by the case filing party for maintaining secrecy of the name of the person or documents involved in a
case relating to narcotic drugs, the judicial authority shall have to keep secret such document or the name of person up to the period as per demand.

10. Arrested person and seized goods to be produced before the Judicial Authority : Any person arrested or goods seized by the Narcotic Drugs Control
Officer under this Act shall be produced before ♥ the Judicial Authority within twenty four hours of such arrest or seizure excluding the period of journey from
the place of arrest to such Authority.
♣

10A. Anything may be taped or censored : If there is an order from Investigating Authority or Judicial Authority the Narcotic Drugs Control Officer, in course of
investigation of narcotic drugs, may tape the electronic devices like telephone, telex, fax of the person related to narcotic drugs, may receive copy, or may take
photograph and may censor any sorts of documents to be received from post like letter, parcel document.
♦
11. The Narcotic Drugs Control Officer may issue an order to destroy Narcotic Drugs : The Narcotic Drugs Control Officer may issue an order to destroy the
following Narcotic Drugs:-
(a) Cannabis/ marijuana, opium or coca which is being cultivated in any land in contravention of this Act,

___________________________
Inserted by third Amendment.
♥
Amended by First amendment .
♣
Inserted by third Amendment.
♦
Amended by second amendment.

(b) The wildly grown cannabis/ marijuana, opium and coca on areas other than those exempted under Section 4.
(c) Any narcotic drugs which are found unclaimed, and
(d) The Narcotic Drugs related to such offences regarding which no case could be filed in a court of law under this Act.

11A. Narcotic Drugs to be destroyed after being the time extended from the court in the narcotic drug case : After the narcotic drug is raided from any
person, Narcotic Drugs Control Officer shall, after taking up to three grams of narcotic drugs from each packet as sample in the presence of Assistant SubInspector
of police and an employee assigned by the judicial authority, send for examination, the investigating authority of the narcotic case shall keep the
sample of the narcotic drug to find out the nature of the narcotic drug, and after the case is filed in the court for extending the time, the court shall keep upto
three grams of narcotic drugs from each pocket for sample and shall in the presence of representative of the concerned district court, representative of the
district administration office and the representative of local Municipality or Village Development Committee, within fifteen days from the date of filing of
the case in the court for the extension of time.

11B The records of destroying of narcotic drugs to be maintained : The concerned authority shall, while destroying narcotic drugs under Section 11 and
11A, maintain record of the types and quantity of narcotic drugs.
⊕

11C. Government of Nepal may make available the Narcotic Drugs for Preparing Medicine : Notwithstanding anything contained in other provisions
of this Act, Government of Nepal may, if it deems necessary, for cannabis/ marijuana the purpose of preparing medicine, make available in the required
quantity of cannabis/ marijuana and opium out of the narcotic drugs confiscated or seized under this Act to any agency which is engaged in the production of
medicine.

__________________

 Amended by the third Amendment .
 Amended by the third Amendment .
⊕
Inserted by Second Amendment .

♣

11D. May be submitted as evidence : (1) The documents collected in abroad, in course of investigation of narcotic drugs, may be presented before the
judicial authority as evidence.
(2) The investigating authority may, in course of investigation of the narcotic drugs, present video tape, cassette tape and any other types of photos
before the judicial authority as evidence.

12. Onus of Proof : In case any narcotic drug is found to be in possession of any person or if any evidence is found that cannabis/ marijuana, opium or coca is
being cultivated or had been cultivated in any farm of a person or if any substance that has been partly processed for the manufacture or production of
any narcotic drug or any residue left after such production is found to be in possession of any person, such person shall have to furnish proof to the effect
that he/she has obtained or possessed such substance under this Act or the Rules framed or orders issued hereunder. If he/she fails to do so, he shall, unless
otherwise established, be deemed to have committed an offence punishable under this Act.
13. ∝
………………..

Chapter 3

Chapter 3 Penalties

14. Penalties :

(1) The person, acting in violation of the prohibitions laid down in Clause (a) of Section (4), shall be punished according to the gravity of offence as follows:-
(a) Anyone who consumes cannabis/ marijuana shall be punished with an imprisonment for a term up to one month or with a fine unto two thousand rupees.
Provided that, in case of a person who is in the responsibility of a person or institution who have made bond for doing treatment upto one month in the treatment centre, the judicial authority may

________

Inserted by third Amendment.
∝
Deleted by second Amendment.
 Amended by the third Amendment .

not punish such person, on the condition of submitting the reports of treatment fortnightly from the treatment centre.
(b) Anyone who cultivates unto twenty five cannabis/ marijuana plants shall be punished with an imprisonment for a term unto three months or with a fine unto three thousand rupees.
(c) Anyone who cultivates more than twenty five cannabis/ marijuana plants shall be punished with an imprisonment for a term of three year or with a fine from five thousand to twenty five thousand rupees.
(d) Anyone who produces, prepares, purchases, sells and distributes, exports or imports, traffics and stores, cannabis/ marijuana shall be punished as follows:-
(1) with an imprisonment for a term upto three months or with a fine upto rupees three thousand, if it is upto fifty grams.
(2) With an imprisonment for a term from one month to one year and with a fine from one thousand to five thousand rupees, if it is within fifty grams to five hundred grams.
(3) With an imprisonment for a term from six months to two years and with a fine from rupees two thousands to ten thousands, if it is within five hundred grams to two kilograms.
(4) With an imprisonment for a term from one year to three years and with a fine from rupees five thousands to twenty five thousands, if it is within two kilograms to ten kilograms.
(5) With an imprisonment for a term from two years to ten years and with a fine from fifteen thousands to rupees one hundred thousand, if it is ten kilograms or more than this.

(e) Anyone who consumes opium, coca or any other narcotic drugs made therefrom shall be punished with an imprisonment for a term
of upto one year or with a fine upto ten thousand rupees.
Provided that, in case of a person who is in the responsibility of a person or institution, who have made bond for doing treatment upto three months, in the treatment centre, the judicial authority may not punish such person on the condition of submitting the information of treatment fortnightly from the
treatment centre.
(f) Anyone who cultivates opium poppy or coca bush shall be punished as follows:
(1) With an imprisonment for a term of one year to three years or with a fine of five thousand rupees to twenty five thousand rupees, in case of the cultivation of twenty five plants.
(2) With an imprisonment for a term from three years to ten years and with a fine from twenty five thousand rupees to two hundred thousand rupees in case of cultivation of more than twenty five plants.
(g) Anyone who commits any other prohibited acts other than consumption of opium, coca, or any other narcotic drugs made therefrom and cultivation of such plants shall be punished as follows:
(1) With an imprisonment for a term from five years to ten years and with a fine from five thousand rupees to twenty five thousand rupees for anyone doing transaction upto twenty five grams.
(2) With an imprisonment for a term from ten years to fifteen years and with a fine from seventy thousand rupees to two  hundred thousand rupees for anyone doing transaction from twenty five grams to hundred grams.
(3) With an imprisonment for a term from fifteen years to life imprisonment and with a fine from five hundred thousand rupees to twenty five hundred thousand for anyone doing transaction of any quantity more than one hundred grams.
(h) Anyone who addicts any natural or synthetic narcotic drugs and psychotropic substances and their salt and other substances, as specified by Government of Nepal by a notification published in the Nepal Gazette, from time to time, shall be punished with an imprisonment for a term upto two months and with a fine upto
two thousand rupees or both.
Provided that, in case of a person who is in the responsibility of any person or institution who have made bond for doing treatment upto three months in the treatment centre, the judicial authority may not punish such person on the condition of submitting the information of treatment forthrightly from the
treatment centre.
(i) with an imprisonment for a term from two years to ten years and with a fine from one hundred thousand rupees to twenty hundred
thousand rupees for anyone who commits any other prohibited acts other than those mentioned in Clause (h) above.

Explanation : For the purpose of this section the term “gravity of offence” shall mean the gravity of offence which shall be determined on the basis of the nature of the narcotic drugs and its quantity, store, purchase and sell, objective of the traffic in or export-import, the organization or gang of the accused, weapons
used by the accused or use of force, involvement of minor made in the offence, transaction done through the medium of institution like education, social and cultural organisation and the transaction made at the basis of abuse of post by a person holding a public position.

15. Punishment for Permitting Prohibited Acts in ones Building, Land or Vehicle: In case the owner of any building, land or vehicle or the person in
possession thereof willfully permits any act to be committed in any building, land or vehicle as is prohibited under Section 4, he/she shall be punished with
an imprisonment for a term which may extend from six months to five years or with a fine upto ten thousand rupees. If the owner of the building, land or
vehicle has committed such offence or has permitted to commit such offence, such building, land or vehicle may be liable to confiscation.

16. Punishment for Repeated Offence : In case any person who had been punished once under this Act again commits any other offence mentioned
hereunder, he/she shall be punished for each subsequent offence, in addition to the prescribed punishment, with an imprisonment for a term which may extend
upto five years and with a fine upto one hundred thousand rupees.

17. Punishment for conspiracy, attempt, abetment and accomplice in an offence : In case any person conspires or attempts to commit any offence
punishable under this Act, or abets others to commit such offence or is an accomplice in such offence, he/she shall be liable to such punishment which shall
be half of the punishment due to the actual offender.
♣
17A. Punishment for those doing transaction of other substances as if it was narcotic drug : Any person or gang carrying out the acts of transaction
including sell distribution, export, import, store, production of other substances giving belief as if it was narcotic drug, shall be liable to such punishment which
shall be half of the punishment due to the actual offender.
♣
17B. Punishment for those not providing the particulars or documents related to narcotic drugs : In course of collection of particulars of narcotic drugs, if any
particular or document is not provided by any person, organisation-institution or association, demanded by the Narcotic Drugs Control Officer or

♣__________________
Inserted by third Amendment.
♣
Inserted by third Amendment.

investigating authority such person, organisation-institution or association shall be liable to such punishment which shall be half of the punishment due to the
actual offender.

18. Confiscation of Materials Connected with the Offence : All narcotic drugs  connected with any offence punishable under this Act and all materials and
equipment used in the manufacture or production of such narcotic drugs shall be confiscated and any vehicle used for the transportation of such narcotic
drugs, other than railway train and aeroplane, shall also be confiscated. Provided that, no vehicle shall be confiscated if the owner of the vehicle
is able to prove that he/she was not aware of the fact that his/her vehicle would be or had been used for committing such offence.
⊕

18A. Property to be Confiscated : (1) All movable or immovable property earned from doing any act in contravention of Clauses (b), (c), (d), (e) and (f) of
Section 4 shall be confiscated.
(2) If the economic resource or the property of the person convicted of any offence under Clauses (b), (c), (d), (e) and (f) of Section 4 is not in
proportion of the known earning resource of the convicted person or his/her family such property unless proved otherwise by him/her shall be deemed to
have been earned by the acts in contravention to this Act and shall be confiscated even if it is registered on the name of the members of his/her family
or any other person.
(3) If there are reasonable grounds that anybody has committed offence liable to be confiscating of property, then the judicial authority may withheld
the property of such person, if there is a written request from Narcotic Drugs Control Officer to withheld his/her property.

18B. The informer is to be rewarded : Anyone who informs the Narcotic Drugs Control Officer, of the transaction or use of narcotic drugs which leads to the
proving of offence and if the offender is punished and if there is imposition of ⊕

________________
Inserted by Second Amendment.
 Amended by the third Amendment .

fine, the informer shall be provided twenty percent of the amount of fine as reward. The name of person receiving such reward shall be held secret.
♣

18C Punishment may be remitted : Notwithstanding anything contained in prevailing laws, any person who helps in finding the principal offender and
assists by providing the information and clue about gang in which he/she, him/herself engaged or other gang involved in the transaction of narcotic drug
punishable under this Act, if there is a demand for full or partial remission of punishment in the charge-sheet, the judicial authority also may remit in
punishment accordingly.
♣

18D. The employees to be rewarded : If anybody is punished with an imprisonment and with a fine in the case of narcotic drugs by the judicial authority,
Government of Nepal may reward twenty percent of amount of such fine to the employees involved in the narcotic drugs control and investigation activities.
♣
18E Some amount of fine to be made available to the Treatment Centre : If any person is punished with an imprisonment and with a fine in the narcotic drug
case, the treatment center shall be provided twenty percent amount of such fine. If there are more than one treatment centre the Chief Narcotic Control Officer
shall distribute such amount of fine.

19. Power to withhold prosecution or remit punishment :  If a person is found to have purchased or possessed ♥ cannabis/ marijuana or medicinal opium, without
commercial motive and in small quantity, or has consumed only small dose of such drug and if he/she has committed such offence for the first time, the
Narcotic Drugs Control Officer may, after keeping a record of such person, make him/her sign a bond undertaking not to commit such offence again and
release him/her after recording the reasons for withholding the prosecutions. Even where the prosecution has already been started, the court may, if it deems
the offence to be of petty nature and if the accused has committed such offence for the first time, after keeping a record of such person, make him/her sign a

♣_________________________
Inserted by the third Amendment.
♣
Inserted by the third Amendment.
♣
Inserted by the third Amendment.
♥
Amended by the First amendment .

bond undertaking not to commit such offence again and release him/her without
awarding any punishment.

19A. No Proceedings are to be Undertaken while Undergoing Treatment : (1) Notwithstanding anything contained in Clauses (a) and (d) of Sub-section (1) of
Section 14, the narcotic drug consumer, while undergoing treatment or  rehabilitation in a treatment or rehabilitation center established or recognized
by Government of Nepal, shall not be subjected to the punishment under this Act.
(2) The concerned officer shall prepare and keep a weekly or monthly report in the format as prescribed by Government of Nepal by asking the details
of the treatment and rehabilitation from the concerned treatment and rehabilitation centre regarding those persons who are undergoing treatments in
the centers as mentioned in Sub-section (1).

20. Special provision as to stocks of narcotic drugs under previous license : If, at the time of commencement of this Act, any stock of narcotic drug is left with
any person holding a license pursuant to Intoxicating substance Act, 1961 and Intoxicating Substance Rules, 1962, he/she shall have to surrender such stock of
narcotic drugs to the Narcotic Drugs Control Officer within the prescribed time limit.

21. Provision regarding to Narcotic Drugs Control Officer and Narcotic Drugs Control Administration : (1) Government of Nepal shall establish a Narcotic
Drugs Control Administration under the ∂Ministry of Home Affairs for carrying out the objectives of this Act and may ♥ appoint or designate a Chief Narcotic
Drugs Control Officer, one or more Narcotic Drugs Control Officers, Deputy Narcotic Drugs Control Officer and other officers as and when necessary.
(2) The Chief Narcotic Drugs Control Officer shall act as a chief of the Narcotic Drugs Control Administration established under Sub-section (1) and

_______________________
Inserted by First Amendment.
∂
Amended by Some Nepal Act Amendment Act, 2048.
♥
Amended by the First amendment.
 Amended by the third Amendment.

the Chief Narcotic Drugs Control Officer shall supervise control, direct and coordinate the measures relating to control of narcotic drugs under this Act.
(3) Notwithstanding anything contained in other provisions of this Act, if it is established that any Government employee has taken bribe with a view to
assist a person facilating the sale and use of narcotic drugs, penalty shall be imposed on such employee under the prevailing law and an additional penalty
equivalent to the half of the penalty given to such offender involved in due sale and use of narcotic drugs.
∇

21A. Judicial Authority and Appeal : (1) The court of law as shall be constituted or prescribed by Government of Nepal by publishing a notification in the Nepal
Gazette shall have the authority to hear the cases under this Act except those cases which are related to the offence under Clause (a) of Section 4.
(2) The court of law as mentioned in Sub-section (1) shall, while adjudicating cases under this Act, adopt the procedures and use the authority as
has been laid down in Special Court Act, 2059.
(3) The person who is not satisfied on the decision or the final order of the court under Sub-section (1) may make an appeal to the Appellate Court.
♣

21B. Functions, Powers and Duties of the Investigating Authority : (1) The investigating authority while being deputed in the control of narcotic drugs
shall enjoy the powers equal to that of police pursuant to prevailing laws in course of conducting investigation of narcotic drugs.
(2) While conducting investigation in the transaction of narcotic drugs the investigating authority shall enjoy the powers equal to that of custom officer
pursuant to prevailing Custom Act to search the goods of the person seen doubtful in the transaction of narcotic drugs.
Provided that, before conducting such search, the investigating authority shall have to issue a search warrant to the concerned person.

__________________
Inserted by First Amendment .
 At present the special court Act,2059
♣
Inserted by the third Amendment.

(3) The investigating authority shall enjoy the powers equal to that of postal officer pursuant to prevailing Postal Act, to censor any matter to be
received by post which is seen doubtful in course of investigation of narcotic drugs.
♣

21C. The Scientific equipments and weapons may be taken : The authority and employees to be engaged in the investigating function of narcotic drugs and the
employees related to narcotic drug control shall have the powers to carry and use scientific equipment, communication devices and weapons and the material
to be used in that weapon, which are necessary in course of investigation and control activities.
22. Government to be a plaintiff : Government of Nepal shall be the plaintiff in all cases under this Act and all such cases shall be deemed to have been
incorporated in Schedule 1 of the Government Cases Act,2049 (1992)
22A. .⊗
…..
♣

22B. No punishment for the works done in good faith : No case shall be instituted or legal action be taken against any government employee in relation to any
function performed or attempted to perform in good faith under this Act.
♣

22C. Provision in relation to extension of time : The judicial authority may grant extension of time upto three months, not exceeding one month at a time, for
keeping the persons in police custody, who have been arrested in course of investigation of narcotic drugs.

23. Provision Regarding Cases Filed Before the Commencement of this Act : Cases Pertaining to narcotic drugs which are already filed or to be filed under
any Nepal law existing before the commencement of this Act shall be disposed of by the same authority as empowered to hear such cases under those law.

♣______________________
Inserted by the third Amendment.
 At present the Government Cases Act, 2049 (1992)
⊗
Inserted by First Amendment and deleted by second amendment.
♣
Inserted by the third Amendment.
♣
Inserted by the third Amendment.
20
∇

23A. Prevailing Law is to be Applicable : Notwithstanding anything contained in other provisions of this Act, the production, sale and distribution, exportimport,
store and consumption of medicines made in pharmacutical forms such as tablets, capsules, injections of the name and quantum as prescribed in the
Pharmacopia regarding the natural or synthetic narcotic or psychotropic substances and their salt as prescribed pursuant to Sub-clause (7) of Clause (a)
of Section 3, shall be governed by the Medicine Act, 2035. Provided that, the production sale and distribution, export-import, store  and consumption of the raw materials (raw or chemicalized) of the narcotic or psychotrophic substances shall be governed by this Act.”

24. Power to frame Rules or issue orders : Government of Nepal may frame Rules or issue orders to carry out the objectives of this Act.

25. Repeal : The Intoxicating Substance Act, 2017 (1961) and the Intoxicating Substance Rules, 2019 (1962) are hereby repealed.
Note: The Section 12 of Narcotic Drugs (Control) (First Amendment) Act, 2043 is a follows:
Cases to be Transferred: The cases relating to the offence under Clause (a) of Section 4 which have been filed in any court and is under the proceeding before
the commencement of this Act shall be transferred to the district court whereas  other cases under this Act shall be transferred to the court under Sub-section (1)
of Section 21A.

______________
Inserted by First Amendment .

Feed Act, 2033 (1976)

Feed Act, 2033 (1976)
Date of Authentication and Publication 2033.7. 4 (20 October 1976)

Amendments:

1. Administration of Justice Act, 2048 (1991) 2048.2.16 (30 May 1991)

2. Some Nepal Acts Amendment Act, 2055 (1999) 2055.10.7 (21 Jan. 1999)

3. Republic Strengthening and Some Nepal 2066.10.7 (21 Jan. 2010) Acts Amendment Act, 2066(2010)1
Act Number 34 of the Year 2033 (1976)

An Act Made to Maintain Purity in Feed Preamble:

Whereas, it is expedient to maintain appropriate standards of the feed so as to prevent undesirable adulteration in the feed and subtraction or extraction of any natural quality or utility contained in the feed; Now, therefore, be it enacted by His Majesty King Birendra Bir Bikram Shah Dev on the advice and with the consent of the National Panchayat.

1. Short title, extent and commencement:

1. Short title, extent and commencement:

(1) This Act may be called as “Feed Act, 2033 (1976)”.

(2) This Act shall extend throughout Nepal.

(3) It shall come into force in such area and on such date as the Government of Nepal may, by a Notification in the Nepal Gazette, appoint.

1 This Act came into force on 15 Jestha 2065, “prasasti” and the word “kingdom” has been deleted.

2. Definitions:

2. Definitions:

Unless the subject or the context otherwise requires, in this Act:

(a) “Feed” means any substance which an animal, bird or fish eats or drinks or any other edible and drinkable substance made of the mixture of such substance.

(b) “Contaminated feed” means any of the following feeds:

(1) the feed of which the quantity of the principal part has been subtracted in such a manner as to make it of standard lower than the standard fixed pursuant to Section 10 or the feed with which any other substance has been mixed;

(2) the feed which is so rotten, decayed or kept or prepared in a dirty or filthy or poisonous condition that it is injurious to animals, birds and fishes,

(3) the feed of which some or all parts have been made of any diseased or disease carrying animal, bird or injurious
vegetation,

(4) the feed of which quality standard is lower than the minimum required quality standard prescribed in the Rules or Orders framed or issued under this Act or of which quality standard exceeds the maximum quality standard, if any specified.

(c) “feed inspector” means the feed inspector appointed or designated pursuant to Section 5.

(d) “prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or orders framed or issued under this Act.

Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2066 (2010)

Date of Authentication and Publication
2066.9.22 (6 Jan. 2010)
Act Number 8 of the Year 2066 (2010)
An Act made to provide for provisions on Functions, Duties, Powers and
Procedures of Constitutional Council
Preamble: Whereas, it is expedient to provide for legal provisions on the procedure of to the appointment of officials of constitutional bodies and on the function, duties, powers and procedures of the Constitutional Council, Now, therefore, be it enacted by the Constituent Assembly pursuant to Sub-article (1) of Article 83 of the Interim Constitution of Nepal, 2063.

5. Appointment and powers of feed inspector:

5. Appointment and powers of feed inspector:

(1) The Government of Nepal may appoint or designate the feed inspector for the purposes of this
Act.

(2) The other functions, duties and powers of the feed inspector than those set forth in the other Sections of this Act shall be as prescribed.

6. Powers to withhold feed:

6. Powers to withhold feed:

(1) The feed inspector may, if he or she suspects that any feed is contaminated, seal such feed, hand over its custody
to the owner of that feed and receive a receipt thereof from him or her and withhold the same.

(2) After the feed withheld pursuant to Sub-section (1) has been held to be contaminated after its laboratory test, that feed may be seized by the order of the feed inspector, and in cases where that feed has to be destroyed, the owner of such feed shall also bear the expenses to be incurred in such destroy.

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