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Rajya Rajauta (Petty States and Rulers) Act, 2017 (1961)

Date of Authentication and Publication
2017.12.27(9 April 1961)

Amendments:
1. State Principality (Amendment) Act, 2019(1963)                                                                         2019.12.30(12 April 1963)

2. Act Amending, Repealing,and Re managing and Continuing Some Nepal Acts, 2019 (1963)     2019.12.30(12April1963)

3. State Principality (Second Amendment) Act, 2024(1967)                                                             2024.6.11(27 Sept. 1967)

4. State Principality (Third Amendment) Act, 2044(1987)                                                                2044.6.9(25 Sept. 1987)

5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010)2066.10.7(21 Jan. 2010)

Act Number 32 of the year 2017 (1961)

An Act Made To Make Timely Provisions Relating To States and Principalities

Whereas, it is expedient to make timely provisions in relation to states and principalities of kings with a view to maintaining cordial relations between the people of different classes, occupations or regions3 by further consolidating the national unity forged by His Majesty King Prithvi Narayan Shah Dev. Now, therefore, His Majesty the King has made this Act in accordance with Article 93 of the Constitution of Nepal.

 

 

5. State land revenue to be converted into government land revenue:

(1) The land revenue offices of the states terminated pursuant to this Act are hereby converted into the land revenue offices of the Government of Nepal, and the documents relating to such state held in such revenue offices shall be considered as the documents of the Government of Nepal.

(2) Until another order of the Government of Nepal, the land revenue offices as referred to in Sub-section (1) shall do all acts as required to be done for the recovery of revenue as usual, for the Government of Nepal.

6. Worshipping trust may be maintained:

Notwithstanding anything contained elsewhere in this Act, where any state principalities maintained pursuant to the then laws have conducted or caused to be conducted worshipping at any Devalaya, shrines, temples until the last
day of the month of Chaitra of the year 2064(2007), except where separate source of income has been provided for the operation of such Devalaya, shrines, temples, the Trust Corporation (Guthi Sansthan) established pursuant to the prevailing law shall make provision for making necessary expenses for the operation of worshipping trust from
the incomes of State Trust as usual, as per the order issued by the Government of Nepal, for the operation of the worshipping having been conducted at such Devalaya, shrines, temples.

7. Repeal

The Acts, Sawals and other deeds existed until the previous day of the commencement of this Act in relation to the states and state principalities within………..12 Nepal shall be deemed to be repealed or amended in a manner to be consistent with this Act.

Amendments

1. Periodic Tax Recovery (First Amendment) Act, 2037 (1980) 2037-5-6-6 (Aug. 22, 1980) 2. Finance Related Some Nepal Acts Amendment Act, 2047 (1990) 2047-8-27-5 (Nov. 13, 1990) Act Number 14 of the year 2012 (1955) His Majesty the King has enacted and promulgated this Act to make provisions for recovery of periodic tax.

3. Power to make notified order under this Act:

If Government of Nepal thinks that any Act on levying, increasing custom duty or excise duty or any other tax has to be promulgated and that it is expedient to levy or increase such custom duty or excise duty or any other tax immediately for public interest, Government of Nepal may, by a notified order, levy or increase such duty or tax.

4. Effect and term of notified order made under this Act:

(1) A notified order so
made shall be tent amount to the law from the date indicated in the notified order.
(2) A notified order shall not commence as the law under this Act in the
following circumstances:
(a) If the contents of the notified order become law and come
into force, whether being amended or not, (b) If Government of Nepal directs by a Notification published in
the Nepal Gazette that it shall not apply as the law,
(c) Immediately after expiration of Six months from the date of
its publication in the Nepal Gazette, if the provision in
Clauses (a) and (b) do not occur.

5. To return after a notified order ceases to be effective

(1) If a notified order
becomes amended and converted into a law with effect from the date of
commencement of the notified order, and if the rate provided for in the law
happens to be less than that specified in the notified order, any over plus sum
collected shall be returned. If, for any reason, the rate provided for in the law
happens to be more than that specified in the notified order, tax shall be collected
as per the new rate only from the date of commencement of the law.
Provided that, the rate of any custom duty or excise duty or any other tax to
be returned pursuant to this Section shall not exceed the tax levied pursuant to
Section 3 and of the rate of existing tax. (2) In cases where a notified order does not apply as the law ………….
under Clause (b) of Sub-section (2) of Section 4, the entire tax, charge, excise duty
shall be returned, which tax, charge, excise duty would not have been levied if the
notified order had not been made.
Explanation :
(a) If tax had been levied in an item at the rate of Twelve Rupees before
making a notified order and it was levied at the rate of Twenty Rupees in that item by the notified order; and later on, it has been
provided in the law that only Fifteen Rupees has to been collected,
Five Rupees shall be returned.
(b) If tax had been levied in an item at the rate of Twelve Rupees before
making a notified order and it was levied at the rate of Twenty
Rupees in that item by the notified order; and later on, it has been
provided in the law that only Fifteen Rupees has to been collected,
Five Rupees shall be returned.

Regional Development Plans (Implementation) Act, 2013 (1956)

Date of Royal Seal Date of Publication
2013.7.15 (31 Oct. 1956) 2013.7.27 (12 Nov. 1956)

Amendments:
Date of Authentication and
Publication

1. Some Nepal Laws (Amendment and Remanagement) Act, 2020 (1964) 2020.11.16 (28 Feb.1964)

2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066
(2010)1                                                                                                                                                           2066.10.7(21 Jan. 2010)
Act Number 10 of the year 2013 (1956)

4. Powers of the Government of Nepal to acquire land:

(1) If the Government of Nepal thinks that there is a need of any land within a development region for the implementation of any development plan as mentioned in the notice under Section 2, the Government of Nepal may acquire such a land.

(2) Such a land shall be acquired in accordance with the Act in force for the time being in relation to the acquisition of land. Provided that, no compensation shall be provided in relation to a land that has remained barren since Two years ago; and if the Government of Nepal wishes to sell any developed land within the developed area to any person other than those from whom the Government of Nepal has acquired the land without compensation shall not be entitled to buy the land until that other persons buy such developed land subject to the Rules framed under Section 5.

5. Powers of the Government of Nepal to frame Rules:

(1) The Government of Nepal may frame Rules for the accomplishment of
the objectives of this Act.

(2) Without prejudice to the generality of the powers conferred by Sub-section (1), the Rules may provide for the
following matters:

(a) The manner and modus operandi of the implementation of works.

(b) The nature of the right to possession of the developed land and the terms and conditions on which the buyers of such land and their heirs can possess such a land

Supreme Court Act, 2048 (1991)

Date of Authentication and Publication
2048.07.28 (1991.11.14)


                                                                                       Act No 29 of the year 2048 (1991)

2. Definitions

In this Act, unless the subject or context otherwise requires,-

(a) “Constitution” means the Interim Constitution of Nepal, 2063.

(b) “Chief Justice” means the Chief Justice of Nepal and this expression also includes the Acting Chief Justice of the same.

(c) “Justice” means the Justices of the Supreme Court and this expression also includes the Chief Justice and ad hoc judges of the same.

(d) “Prescribed” or “as prescribed” means prescribed or as prescribed by the Rules framed under this Act.

3. Location of Supreme Court:

The Supreme Court shall be situated in Kathmandu. Provided that, the Supreme Court may establish its bench and exercise its jurisdiction or carry out other functions in the place specified the Chief Justice with the approval of the Government of Nepal.

4. Application of the jurisdiction of the Supreme Court:

(1) The power of the Supreme Court to hear and dispense judgment in the cases shall be exercised by the Single Bench of one Judge or Division Bench, Full or Special Bench of more than one Judges.

(2) Except otherwise provided in Sub-Section (1), the exercise of other powers of the Supreme Court shall be made by the Full Court, Committee or by the Registrar of the Supreme Court as prescribed .

5. Special provision about the date of attendance (Tarikh)

In cases except the case heard by the Supreme Court under original jurisdiction, if a party wishes, not
to be present at the date of attendance (Tarikh) for hearing with the permission of the court; If the party has appointed legal practitioner, the Court may consider him/her as the representative of the party and hear the case.
Provided that, if the party wishes again to be present at the date of attendance or appoint an attorney (waresh) gent and the Court may keep in presence or keep in the date of attendance if deems necessary.

7. Contempt of Supreme Court and Subordinate Courts:

(1) Supreme Court may impose punishment up to one year imprisonment or fine up to ten thousand rupees
or both to the person convicted, in case wherein the Supreme Court has initiated the proceeding of its own contempt or contempt of subordinate courts or judicial authorities

(2) Notwithstanding anything contained in Sub-Section (1), if the accused or convict apologize to the satisfaction of the court, the Supreme Court may pardon or excuse, remit the punishment imposed or may suspend the punishment
with conditions determined by the Court and if the conditions as are fulfilled the court may order not to execute the penalty.

8. Oath:

The Chief Justice shall take oath of the office before the President and other judges shall take oath of the office before the Chief Justice as specified in the schedule.

9. Registrar:

(1) The Registrar shall act as an administrative chief of the Supreme Court under the general direction and control of the Chief Justice.

(2) The function, duties and power of the Registrar shall be as prescribed.

(3) The Registrar may delegate the power conferred to him/her powers to his subordinate officers.

11. Power to frame Rules

(1) The Supreme Court may frame the Rules to regulate the exercise of its jurisdiction and systematize the procedure.

(2) Without prejudice to generality of the powers conferred by Sub-Section

(1) the Rules particularly may provide for the following matters:

(a) The matter relating to the exercise of the jurisdiction of the Supreme Court by Single Bench of one Justice or Division Bench, Full or Special Bench of more than one Justice.

b) The matter relating to the appeal, reference (sadhak) and filing of petitions in the Supreme Court for review and revision.

c) The matter relating to the petition to be filed pursuant to the SubArticle (1) and (2) of Article 107 of the  Constitution.

d) The matters whether to keep in detention, imprison or release in bail or guarantee to the appellant who files an appeal in the Supreme Court challenging the conviction incurred by the decision of the
subordinate court.

e) Procedure relating to the contempt of court,

f) Any matter relating to the court proceeding.

Schedule

I……………………………….. swear affirm in the name of god/promise with truth and loyalty that I shall discharge the responsibility of the post of the Chief Justice/Justice benevolently with full loyalty to the Interim Constitution of Nepal, 2063; faithfulness to the nation, without any fear, bias, affection or malice.

Date:                                                                                                                                                                                         signature

Nepal Treaty Act, 2047 (1990)

Date of authentication and publication
1 Mangsir 2047 ( November 11, 1990)


Act No. 16 of the year 2047 (1990)
An act made for procedure relating to the treaty


Preamble: Whereas, it is expedient to make legal provisions in regard to the procedure relating to signing, ratification, accession, acceptance, or approval of treaties or agreements to which Nepal1 or Government of Nepal2 is a party, as well as in regard to their implementation, Now therefore, be enacted by His Majesty King Birendra Bir Bikram Shah Dev under Article 129 of the Constitution on the advice and with the approval of the Council Ministers.

1. Short Title and Commencement:

(1) This Act may be called “Nepal Treaty Act, 2047 (1990).”

(2) It shall be deemed to have come into force from Kartik 23, 2047 (9 November, 1990).

(3) It shall be applicable in respect to the treaties to be signed with Nepal or Government of Nepal as a party, after the commencement of the Constitution.

2. Definition:

In this Act, unless the subject or the context otherwise requires,-

(a) “Treaty” means an agreement concluded in writing between two or more states, or between any state and any inter-governmental organization and this term also includes any document of this nature, irrespective of how it is designated.

(b) “Full Power” means the letter of authority issued by Government of Nepal empowering anyone to negotiate or accept the final draft or certified copy of or sign a treaty and this term also includes the authority granted to maintain reservations while holding such negotiations or signing a treaty, or to perform any other function in respect to such treaty.

(c) “Reservation” means a declaration made by any party while signing a multilateral treaty or ratifying, acceding to, accepting or approving such a treaty, that any provision of the treaty shall not be applicable to it and this term also includes the declaration made by any party in order to explain its position in respect to such provision.

(d)“Denunciation” means a declaration made for the termination of a treaty by fulfilling the formalities mentioned in the treaty. “Constitution” means the Constitution of the Kingdom of Nepal,

(e)“Constitution” means the Constitution of the Kingdom of Nepal,2047 (1990).

 

 

3. Power to Conclude Treaties:

No one, except, the Prime minister and the Minister of Foreign Affairs, shall negotiate, accept the final draft or a
certified copy, or sign or maintain reservations, or perform any other function related to a treaty to which Nepal or Government of Nepal is a party, without full power. Provided that nothing contained in this Section shall prejudice the power of a Nepalese Ambassador of Charge d’Affaires representing Nepal in any foreign nation or international organization to conclude a treaty on any matter with such foreign nation or inter-governmental organization, as
well as the leader of a delegation participating in any international conference to negotiate or accept the final draft or a certified copy of the treaty to be signed in the conference.

4. Procedure Relating to the Ratification and Accession of Treaties:

(1) In case it becomes necessary for Government of Nepal to ratify, accede to accept, or approve any treaty, on subjects other than those mentioned in Clause (2) of Article 126 of the Constitution, which needs ratification,
accession, acceptance or approval, or in case it becomes necessary for Government of Nepal to accede to any treaty, it shall table a resolution to that effect at the House of Representatives.

(2) The resolution concerning the ratification, accession, acceptance or approval of any treaty tabled pursuant to Sub-section (1) shall be adopted by a majority of the members present in the House of Representatives.

(3) Government of Nepal shall notify the concerned party or authority about the ratification, accession, acceptance or approval of the treaty in accordance with the provision made in the treaty after a resolution is adopted by the House of Representatives pursuant to Sub-section (2),.

(4) Nepal or Government of Nepal may not become a party to any treaty relating to the establishment of any inter-governmental organization, or acquisition of membership of such organization, or of any treaty that conflicts with any prevailing law, until a resolution is adopted by the House of Representatives for its ratification, accession, acceptance or approval, even if no provision has been made in such treaty for ratification, accession, acceptance or approval

5. Ratification, Accession, Acceptance or Approval of Some Specific Treaties:

(1) Government of Nepal shall table a resolution in the mentioned in Clause (2) of Article 126 of the Constitution or to obtain permission to accede to any such treaty to that effect.

(2) Government of Nepal shall notify the concerned party or authority in a manner as prescribed in the concerned treaty about its ratification, accession, acceptance or approval after a resolution is adopted by the Parliament under Clause (2) of Article 126 of the Constitution pursuant to Sub-section (1).  Parliament for the ratification, approval or acceptance on the matters as

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