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Chapter-6 Miscellaneous

Chapter-6 Miscellaneous
39. Documents, evidence to be certified:

(1) The documents, evidence attached with a request made for mutual legal assistance pursuant to this
Act must be certified by the judge or competent government officer and bear the seal of office.
(2) The documents, evidence not certified in fulfillment of the procedures as provided in sub-section (1) shall not be recognized.
40. Request sent for mutual legal assistance to be in Nepali language:

(1) A request made by a foreign state to the Government of Nepal for mutual legal assistance pursuant to this Act must be written in the Nepali language.
(2) If a request provided for in sub-section (1) is written in any foreign language and the original of the English text or formal translation of the text from another language to the English language is attached with the request, showing the reason that it is not practicable to translate such request into the Nepali language, such request shall be acceptable to the Central Authority or the concerned Court.

41. To bear expenses: If any fee or charge is leviable in the provision of mutual legal assistance under the prevailing laws of Nepal, the foreign state must bear the amount of such fee or charge.

42. This Act to prevail: The matters set forth herein shall be governed by this Act and the other matters by the prevailing laws of Nepal.

43. To render assistance: The concerned bodies of the Government of Nepal must render necessary assistance in the performance of business required to be performed under this Act.

44. Report to be made: The Central Authority must make a yearly report containing the following matters to the Government of Nepal:
(a) requests of mutual legal assistance to and mutual legal assistance obtained from the foreign states,
(b) mutual legal assistance provided by Nepal to the foreign states at the latter’s request,
(c) reforms to be made in the future in relation to mutual legal assistance.
45. Power to frame rules: The Government of Nepal may frame necessary rules for the implementation of this Act

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