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Administration of Justice Act, 2048 (1991)
Date of Authentication and Publication
2048.2.16 (30 May 1991)
Amendments:
1. Administration of Justice (First
Amendment) Act, 2048 (1991)
2048.7.28 (13 Aug.1991)
2. Administration of Justice (Second
Amendment) Act, 2053 (1996)
2053.8.26 (11 Dec. 1996)
3. Punishment Related Some Nepal Acts
Amendment Act, 2055 (1999)
2056.1.16 (29 April. 1999)
4. Judicial Management and Administration of
Justice Related Some Nepal Acts (Amendment)
Act, 2058, (2002)
2059.5.27 (12 Sep. 2002)
5. Some Nepal Acts Amendment Act, 2063
(2006)
2063.6.28 (14 Oct. 2006)
6. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066(2010)
2066.10.7(21 Jan. 2010)
Act Number 6 of the year 2048 (1991)
An Act made to make timely reforms in the
administration of justice
Preamble: Whereas, it is expedient to provide for the establishment and
jurisdiction of the courts ………………1 and to make timely reforms in the
1
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
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administration of justice so as to dispense justice fast, render inexpensive
and make easily accessible;
Now, therefore, be it enacted by His Majesty King Birendra Bir
Bikram Shah Dev on the advice and consent of the Council of Ministers
pursuant to Article 129 of the Constitution of the Kingdom of Nepal, 2047
(1990).
Chapter-1
Preliminary
1.
Short title and commencement: (1) This Act may be called as
“Administration of Justice Act, 2048 (1991)".
(2) This Act shall come into force from such date as may be
specified by the Government of Nepal by publishing a Notification
in the Nepal Gazette. 2
2.
Definitions: Unless the subject or the context otherwise requires, in
this Act,(a)
“Constitution” means the Interim Constitution of Nepal, 2063
(2007). 3
(b)
“District judge” includes the additional district judge of the
District Court.
(c)
“Judge of the Court of Appeal” includes the chief judge and
additional judge of the Court of Appeal.
2
3
It was appointed to come into force on 2048.7.23 (9 Nov. 1991). Date of publication in the
Nepal Gazette: 2048.6.21(7 Oct. 1991).
Note bene: The Second Amendment Act, 2053 (1997) was appointed to commence on
2053.12.1(14 March 1997)
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
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(d)
“Prescribed” or “as prescribed” means prescribed or as
prescribed in the rules framed under this Act.
Chapter-2
Establishment of Courts and Appointment of Judges
3.
Establishment of District Court: (1) There shall be one District
Court, in each district ……. 4 of Nepal.
(2) The District Courts shall be located at the headquarters of
Districts.
Provided that:
(a) 5
The Supreme Court may, in consultation with the
Government of Nepal, Council of Ministers, designate
any other place as the location of any District Court.
(b)
Nothing contained in this Sub-section shall be deemed
to prevent any District Court, which is being located,
prior to the commencement of this Act, at any place
other than the District headquarters from continuing
thereat till another place is designated under this Subsection.
4.
District Judges: There shall be the district judge and additional
district judges as required in each District Court.
4A. 6 Power to entrust jurisdiction of other area to district judge:
Notwithstanding anything contained elsewhere in this Act, the Chief
Justice may, on the recommendation of the Judicial Council,
4
5
6
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
Amended by Some Nepal Acts Amendment Act, 2063.
Inserted by the First Amendment.
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designate the district judge of any District Court also to act as the
judge of the District Court of another district for a certain period of
time, if he or she deems it appropriate. The district judge so
designated shall have to act at the concerned District Court during
the period so specified.
5.
Establishment of Court of Appeal: (1)7 There shall be as many
Court of Appeals in Nepal as may be designated by the Government
of Nepal, Council of Ministers, in consultation with the Supreme
Court and the Judicial Council.
(2) 8 The territorial jurisdiction and location of the Court of
Appeals shall be as specified by the Supreme Court, in consultation
with the Government of Nepal, Council of Ministers.
(3) 9 The Government of Nepal, Council of Ministers, may in
consultation with the Supreme Court and the Judicial Council, so
alter the number of Court of Appeals and change the territorial
jurisdiction and location of any Court of Appeal, as may be required.
5A. 10 Power to specify other location of Court of Appeal: (1) If the
Chief Justice deems it appropriate to so specify the location as to fix
the Bench for any certain period of time in any other place or places
within the territorial jurisdiction of any Court of Appeal except in
the place where the location of that Court is normally situated, he or
she may, on the recommendation of the Judicial Council, designate
one or more than one judge of that Court to so establish the Bench.
(2) In specifying the location of the Court of Appeal pursuant
to Sub-section (1), the area of that Bench shall also be specified.
7
8
9
10
Amended by Some Nepal Acts Amendment Act, 2063.
Amended by Some Nepal Acts Amendment Act, 2063.
Amended by Some Nepal Acts Amendment Act, 2063.
Amended by the Second Amendment.
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6.
Judges of Court of Appeal: (1) In each Court of Appeal, there
shall be one chief judge and other judges in the required number.
(2) In the event of increase in the workload in an Court of
Appeal, additional judge may be appointed for any specified period
of time. 11
Chapter-3
Jurisdiction of Courts and Exercise Thereof
7.
Jurisdiction of District Court: Except as otherwise provided in
the prevailing law, the District Court shall have powers to try and
settle, in original jurisdiction, all the cases within its jurisdiction.
8.
Jurisdiction of Court of Appeal: (1) The Court of Appeal shall
have powers to hear appeals against the original judgments or final
orders and to review over the reference judgments according to the
law, on cases or proceedings tried and decided by the District Courts
under it and, except as otherwise provided in the prevailing law, by
any other bodies or authorities under its territorial jurisdiction.
(2) The Court of Appeal shall have powers to issue orders of
habeas corpus, mandamus or injunction, as required, for the
enforcement of legal rights of any person infringed by any body or
authority under its territorial jurisdiction.
(3) In addition to the powers as referred to in Sub-sections (1)
and (2), the Court of Appeal shall have powers to try, under its
original jurisdiction, and settle the following cases:
11
Amended by the Second Amendment.
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(a)
The cases which the Court of Appeal is
empowered by law to try and settle under its
original jurisdiction,
(b)
The cases in which the Supreme Court has
considered appropriate and issued an order
requiring the Court of Appeal to try in original
jurisdiction and settle the case on grounds of
hardship to the parties to the case due to the
excessive prolongation of proceedings in the
case or due to some serious or complicated legal
issues involved in the case.
(4) 12 While deciding a case tried by the Division bench of two
judges of the Court of Appeal pursuant to this Act or the Rules
framed under this Act, two judges hold dissenting opinions, the case,
accompanied by the opinion of both judges, shall be referred to the
third judge for decision. If majority cannot be made despite such
referral to the third judge, the case-file of that case, accompanied by
the opinions of all judges, shall be forwarded to the Supreme Court
for decision.
9.
Appeal to the Supreme Court: (1) An appeal may lie in the
Supreme Court against the judgments or final orders made by the
Court of Appeals on the following cases:
(a)
Cases tried and settled by the Court of Appeals
under original jurisdiction;
(b)
Cases in which punishment of imprisonment for
Ten years or more has been imposed;
12
Inserted by the Second Amendment.
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(c)13 Cases in which reversal of decisions made by
the original Court, body or authority has been
made by the Court of Appeal made on appeal
against such decisions.
(2) An appeal may also line on the reference cases submitted
to the Supreme Court.
10.
Reference of case: (1) In cases where reference is required on any
case under the prevailing law, reference has to be made to the court
hearing appeal.
(2) Notwithstanding anything contained in Sub-section (1),
such reference to the Supreme Court shall be made only if the Court
of Appeal has also confirmed the original judgment in the reference
case submitted pursuant to Sub-section (1) which involves ……….14
life imprisonment with confiscation of entire property or life
imprisonment.
(3) In cases where an appeal is filed in the case of which
reference has been made pursuant to Sub-section (1), such a case
shall be adjudicated by way of appeal, and where in the same case
some make appeal and some don’t make, then the case shall be
adjudicated and decided upon, in respect of the non-appellant also,
by way of the process of reference.
(4) If non-appealing party or any other concerned person
makes a petition with pleas similar to an appeal in the case to be
heard by way of reference process, the court hearing the appeal shall
have to settle the case, taking also into account of such petition.
13
14
Amended by the Judicial Management and Administration of Justice Related Some Nepal
Acts (Amendment) Act, 2058.
Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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11.
Review: (1) The Supreme Court may review its judgment or final
order in the following circumstance:
(a)
If it appears that the concerned party has come
to know any fact likely to materially affect the
justice done in the case only after the settlement
of the case, or
(b)
If it appears that the decision is contrary to the
precedent or legal principle enunciated by the
Supreme Court.
(2) Notwithstanding anything contained in Sub-section (1),
the Supreme Court shall not review its judgment or final order in the
following circumstance:
(a)
If the judgment or final order has already been
reviewed earlier,
(b)
If the questions raised on the petition made for
review were also raised in the Division Bench
of the Supreme Court and they were heard by
the Full Bench because the judges divided in
their opinions thereon, decision was already
made by settling those questions,
(c)
If the case has already been settled by way of
revision pursuant to the prevailing law prior to
the commencement of this Act, or
(d)
If the judgment of the Court of Appeal has been
confirmed in the case reviewed pursuant to
Section 12.
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(3) A petition for review may be made within Sixty days of
the date of judgment in the case by the Supreme Court.
………………………..15.
12.
Revision: (1) The Supreme Court may, in the following
circumstances, revise the judgment or final order made by the Court
of Appeal in the cases which are not appealable to the Supreme
Court pursuant to this Act or the prevailing laws:
(a)
If the judgment or final order of the Court of
Appeal involves serious
legal error 16 in
interpretation of the Constitution or law;
(b)
If the principle or precedent established by the
Supreme Court has not been followed or has
been applied with false interpretation;
(c)
If any public property has been misappropriated
or loss caused in such property due to lack of
proper evaluation of the evidence contained in
the case file in a case involving dispute vis-à-vis
public property; or
(d)
If the justice is substantially affected due to lack
of proper representation of a child, woman,
aged, disabled or mentally retarded person.
(2) A case once heard and adjudged in revision by the
Supreme Court shall not be revised again.
15
16
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
Amended by the Judicial Management and Administration of Justice Related Some Nepal
Acts (Amendment) Act, 2058.
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(3) A petition for revision to be filed under this Section may
be filled in the Supreme Court or the Court of Appeal having made
such decision within Thirty Five days, excluding the time required
for journey, from the date of decision by the Court of Appeal.
13.
In making review or revision: During the review of a case
pursuant to Section 11 or revision of a case pursuant to Section 12,
the Supreme Court shall decide the case keeping itself limited within
the grounds on which the order for review or revision has been
granted and to the matters relevant thereto.
13A.17 Compromise: If, on a petition filed and action instituted by a
petition as referred to in Section 12, both parties intend to enter into
compromise, such compromise may be effected.
14.
Powers of court hearing appeal and court hearing
Reference: Subject to this Act and the prevailing laws, the powers
of the court hearing appeal and the court hearing reference cases
shall be as follows:
(a)
To confirm or to alter, wholly or partly, the decision of any
subordinate court, body or authority,
(b)
To exercise the powers of rendering judgment or final order
similar to any subordinate court, body or authority,
(c)
If the subordinate court, body or authority has failed to
examine any evidence relevant to the question of adjudication
in the case, to examine such evidence by itself or to send
temporarily the file of the case back to the subordinate court,
body or authority in order to examine such evidence, or
17
Inserted by the Judicial Management and Administration of Justice Related Some Nepal Acts
(Amendment) Act, 2058.
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(d)
If the subordinate court, body or authority has failed to give
its decision on all questions involved in the case, to send back
the case file of the case, within a period prescribed for
completion thereof, to the subordinate court, body or
authority for its decision on the remaining questions.
15.
Withdrawal of cases from subordinate courts: In any case
under consideration of a subordinate court, body or authority, if the
Supreme Court, holds through the report of the concerned court,
body or authority or through the petition of a party to the case, that a
complicated question of interpretation of the Constitution or any
other law is involved in the case and that the settlement of the
question by the Supreme Court is appropriate in view of its public
concern or importance, the Supreme Court may withdraw such a
case for its consideration and may either decide the case wholly or,
after deciding the concerned question, send back the case for
decision on other questions to the concerned court, body or
authority.
16.
Petition
or
……………..18
against
interim
order:
Notwithstanding anything contained in the prevailing laws, a
petition……19 may be filed at the court hearing appeal, of only one
level higher, against an order of a court, body or authority requiring
the defendant to make presence on the appointed dates or furnish
guarantee or be kept under detention20 for trial or against any interim
order made in the course of proceedings of the case.
18
19
20
Deleted by the First Amendment.
Deleted by the First Amendment.
Inserted by the Second Amendment.
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21
Provided that, nothing contained in this Section shall be
deemed to bar the making of a petition to the Supreme Court on the
question of legal error or procedural irregularity, against an order
requiring the defendant to make presence on the appointed dates or
furnish guarantee or be kept under detention for trial, in a case
involving punishment of imprisonment for a term of Five years or
more.
17.
Exercise of jurisdiction of court: (1) The jurisdiction of the
District Court shall be exercised by the Bench of the district judge.
(2) The Bench of a single judge or a Division Bench of judges
shall, in the manner as prescribed, exercise the jurisdiction of the
Court of Appeal.
(3) If any proceeding, other than the act of rendering
judgment or final order, is carried out by a singe judge in any case
which is required to be heard by a Division Bench according to the
law, no such proceeding shall be deemed to be beyond jurisdiction
nor shall it be void.
18.
Contempt of court: (1) The District Court may initiate
proceedings against contempt of its own, and if found guilty of
contempt, the accused may be punished with a fine of up to One
Thousand Rupees or with imprisonment for up to One month or with
both.
(2) The Court of Appeal may initiate proceedings against the
contempt of its own or the District Court subordinate to it, and if
found guilty of contempt, the accused may be punished with a fine
21
Inserted by the First Amendment.
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of up to Five Thousand Rupees or with imprisonment for up to Six
months or both.
(3) Notwithstanding anything contained in Sub-section (1) or
(2), if the accused apologizes to the satisfaction of the Court, the
Court may pardon him or her or remit the punishment, if any
punishment is already sentenced, or reduce the sentence, or suspend
the sentence for Six months on conditions prescribed by the Court
and issue an order with effect of non-execution of the sentence, if the
conditions are complied with by the accused.
19.
Finality of decisions of the Court: (1) Except as otherwise
provided in this Act or in the prevailing laws, any decision made by
a Court, body or authority in a case shall be final and binding to the
parties to the case.
(2) Except as otherwise provided in this Act or in the
prevailing laws, any case once decided by the Court, body or
authority shall not be retried by the same Court, body or, authority,
nor shall any amendment be made to such decision affecting the
substance of justice.
Provided that, error made in typing or writing can be rectified
by executing a separate memo.
20.
Inspection and evaluation: (1) Each Court hearing appeal shall,
at least once a year, inspect its subordinate courts and the offices or
the authorities against whom it hears appeal.
(2) The judge deputed for inspection by the Court hearing
appeal shall inspect the cases pending with the concerned Court,
body or authority and the cases heard and settled by such a Court,
body or authority. If, in making such inspection, it is found that any
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procedure required to be performed or any act which is not to be
performed has been performed, the inspecting judge may issue
necessary order in that respect.
(3) The inspecting judge shall, in-particular, invariably
inspect the case files relating to the following cases:
(a)
Cases wherein a person is detained for trial,
(b)
Some cases, out of the cases being settled
finally in absence of appeal,
(c)
Cases where any children, women or disabled
are involved as party therein, and
(d)
Cases where any question of public concern or
interest is involved therein.
(4) The inspecting judge shall, in the course of inspection,
examine the following aspects:
(a)
Whether or not the execution of judgments has
been performed in the time according to the
provisions of law,
(b)
Whether or not the orders and directives of
superior Courts have been carried out, and
(c)
Whether or not the procedures in the pending
cases are being performed satisfactorily.
(5) The inspecting judge may also make inquiries with the
employees of the court or office being inspected with the parties to
the cases present in the Court or office, the legal practitioners and
other persons deemed appropriate in respect of the acts and actions
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of the concerned Court, body or authority and ask for their
suggestions and comments thereon.
(6) 22 The inspecting judge shall, after the completion of
inspection, send an inspection report, including the reason and basis,
to his or her Court, the Supreme Court and the Secretariat of Judicial
Council, where the inspection of a Court has been made, and to his
or her Court, Supreme Court and concerned Ministry where the
inspection of other office has been made. On receipt of such a report,
the concerned body shall make examination on the matter promptly
and take action on the matters indicated in the report.
21.
Casual inspection: (1) The Supreme Court may perform a casual
inspection of any District Court or Court of Appeal; and the Court of
Appeal may perform such inspection of any subordinate District
Court in respect of its functions.
(2) The judge of the Supreme Court or the Court of Appeal
making the inspection of the Court pursuant to Sub-section (1) shall
submit a report clearly depicting the genuine facts observed during
the inspection, together with his or her opinion, to the Supreme
Court and the Judicial Council.
(3) The Supreme Court may depute any justice of the
Supreme Court or the Court of Appeal to perform a casual inspection
of the proceedings in the cases pending with anybody or authority.
The justice deputed for such inspection shall submit a report clearly
depicting the genuine facts observed during the inspection, together
with his or her opinion, to the Supreme Court and the concerned
Ministry.
22
Amended by the Judicial Management and Administration of Justice Related Some Nepal
Acts (Amendment) Act, 2058.
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22.
Notice to initiate disciplinary action: If any action or legal
proceeding is required to be taken against any judge or officer
pursuant to the report of inspection conducted under this Act, the
Supreme Court shall give information thereof to the Judicial Council
or the concerned Ministry.
23.
Special provisions relating to hearing of habeas corpus
petitions: (1) If the Court is to remain closed for Seven or more
days, a judge of each Court of Appeal and the Supreme Court shall
be designed to accept and hear petition of habeas corpus within the
jurisdiction of such Court during the period of closure.
Provided that, in the place where the Supreme Court is
located, no judge of the Court of Appeal shall be designated for the
purpose of hearing petitions pursuant to this Sub-section.
(2) Notwithstanding anything contained in this Act or in the
prevailing laws, the judge designated pursuant to Sub-section (1)
may, during the period of such closure, issue any appropriate order
in exercise of jurisdiction of his or her court in respect of the petition
filed with him or her and the concerned official shall be bound to
take necessary action according to the order of the Court even during
the period such closure.
(3) Matters relating to the filling of petitions under this
Section and place of hearing shall be as determined by the judge
designated pursuant to Sub-section (1).
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Chapter-4
Miscellaneous
24.
Acts to be performed by judge himself or herself: (1) The
judge shall himself or herself perform the act of making decision or
issuing order and recording the statement of parties or witness to the
case.
Provided that:
(a)
The judge may write or dedicate himself or
herself and may get the document of judgment
or order scribed or typed by an employee of the
Court.
(b)
The judge shall, during the recording of
statement of parties or witness, ask the
questions by himself or herself, and may get
such questions and the answers scribed by an
employee of the Court.
(2) Notwithstanding anything contained in Sub-section (1),
during the absence of the judge, the Shrestedar may record the
statement of parties or witness and issue order relating to detention
of the accused pending the trial, or release him or her on bail or on
recognizance to appear on the appointed date.
(3) The judge shall, upon his or her resumption of duty in the
Court, review as soon as possible the orders of detention issued by
the Shrestedar pursuant to Sub-section (1), and, if such order is
found to be deficient of procedures of law, shall rectify them to
accord with the procedures of law.
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25.
Existing District Courts deemed to be established under this
Act: The District Courts existing at the time of commencement of
this Act shall be deemed to have been established under this Act.
26.
Transfer of cases: (1) All cases and the petitions and reports
relating thereto, filed and pending in the Zonal Courts and Regional
Courts at the time of commencement of this Act shall be transferred
to the concerned Court of Appeals after the commencement of this
Act.
(2) Such cases, petitions and reports relating thereto
transferred to the Court of Appeals pursuant to Sub-section (1) shall
be decided by the Court of Appeals in accordance with the laws
prevailing at the time of commencement of this Act.
27.
Appeal to the Court of Appeal: (1) If any judgment or final
order made by the District Court or the Zonal Court prior to the
commencement of this Act is appealable, an appeal shall, after the
commencement of this Act, lie in the Court of Appeal according to
the prevailing laws.
(2) If any judgment or final order made by a body or authority
on any case prior to the commencement of this Act is appealable in
the Zonal Court or the Regional Court, such appeal shall, after the
commencement of this Act, lie in the Court of Appeal according to
the prevailing laws.
(3) If a petition for leave of appeal can be made in the
Regional Court against the judgment or order of the Zonal Court,
prior to the commencement of this Act, such leave of appeal may be
made, after the commencement of this Act, to the Court of Appeal
according to the prevailing laws.
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(4) Such petitions for leave filed in the Court of Appeal
pursuant to Sub-section (3) shall be decided by the Court of Appeal
in accordance with the laws prevailing at the time of commencement
of this Act.
28.
Provisions relating to appeals and petitions against
decisions of Regional Court: (1) If any judgment or final order of
the Regional Court made prior to the commencement of this Act is
appealable to the Supreme Court according to the prevailing laws,
such appeal may lie according to such laws in the Supreme Court
after the commencement of this Act.
(2) If a petition for leave of appeal may be made in the
Supreme Court, against the judgment or final order of the Regional
Court, made prior to the commencement of this Act, such a petition
for leave of appeal may be filed after the commencement of this Act
in the Supreme Court according to the prevailing laws.
29.
Files, documents or replies on cases demanded by the Court
to be sent: If an order, for the sake of evidence in a case, is issued
by a Court to send or submit to it any file, document or any fact
relating thereto or an explanation or response is demanded, the office
so addressed shall comply with such order within the reasonable
time. If, due to the disobedience of such order by the concerned
office, the proceeding or decision in the case has been unduly
delayed or if a party to the case has to suffer undue harassment or
some adverse effect has resulted therefrom, the Court may impose
punishment of a fine of up to Five Hundred Rupees for each count
thereof, on the chief or employee of the concerned office.
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Provided that, after the order of punishment is issued, if the
chief or employee of the concerned office makes petition that such
punishment should not have been imposed, stating the reasons for
being unable to comply with the order, and on being satisfied with
such reasons, the Court may reduce the amount of fine or cancel the
order of the punishment.
30.
Powers to issue direction: For the efficient management and
performance of the judicial administration, if the Supreme Court
feels that issuance of certain direction to the subordinate Court, body
or authority is imminent on any matter, it may issue such direction in
conformity with the prevailing laws; and such subordinate Court,
body or authority shall abide by such direction.
31.
Powers to frame Rules: (1) The Supreme Court may frame Rules
to carry out the objectives of this Act. Such rules shall come into
force after their publication in the Nepal Gazette.
(2) Without any prejudice to the generality of the powers
conferred by Sub-section (1), Rules may be framed, in particular, on
the following matters:
(a)
Procedures for filing complaint, appeal or
petition in the Court other than the Supreme
Court, fees relating thereto and other matters
relating to procedures in the cases.
(b)
Methods of collecting records and statistics
relating to the performance of the judges of the
Courts.
(c)
Conditions and situations for transferring of
cases.
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(d)
Provisions
relating
to
the
exercise
of
jurisdiction of the Court of Appeal by the
Division Benches consisting of one or more
judges.
(e)
32.
Other matters relating to the court proceedings.
Powers to remove difficulties: If there occurs any difficulty with
implementing this Act, the Supreme Court may, in consultation with
the Judicial Council, issue necessary orders by publishing
notification in the Nepal Gazette in order to remove the difficulty.
33.
Repeal and saving: (1) The Administration of Justice Act, 2031
(1974) is, hereby, repealed.
(2) The Acts referred to in the Schedule are amended
accordingly as mentioned in that Schedule
(3) Amendments are hereby made by substituting the term
“Court of Appeal” for the term “Regional Court” or “Zonal court”
being used in the prevailing laws.
(4) Amendments are hereby made by substituting the term
“Judge of Court of Appeal” for the term “Zonal Judge” or “Regional
Judge” being used in the prevailing law.
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Schedule
(Relating to Section 33)
SN
1.
Short Title of the Act
Civil
Liberties
Act,
Amendment
2012 1. The following sub section (1)
(1956)
shall be substituted for Sub-section
(1) of Section 16:- "(1) Any person
arrested or detained may himself or
herself or through any other person
may file a petition in the Court of
Appeal for an order of habeas
corpus.”
2. The following Sub-section (1)
shall be substituted for Sub-section
(1) of Section 17: "(1) In the event
of likelihood of infringement by any
person of any right conferred by this
Act, one may file a petition in the
Court of Appeal”.
2. 23 …….
3.
The Act relating to Ukhada, The proviso to Sub-section (3) of
2021 (1965)
4.
The
Nepali
Section 8 is hereby deleted.
Language The terms” to the District court”
Publication Corporation Act, shall be substituted for the terms "to
the local Zonal Court” contained in
23
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
22
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www.lawcommission.gov.np
5.
2021(1965)
Section 31.
The Bonus Act, 2030 (1974)
The term “District Court” shall be
substituted for the term “Zonal
Court” contained in Sub-section (1)
of Section 21.
6. 24 ……
7.
Nature
Conservation
Trust The term “ to the District court”
Act, 2039 (1983)
shall be substituted for the term “to
the zonal Court”
contained in
section 14.
8. 25 ………
9.
The Offences against State and The terms “to the District Court”
Punishment Act, 2046 (1990)
shall be substituted for the term “to
the Zonal Court” contained in
Section 7, the terms “in the District
Court” shall be substituted for the
term “in the Zonal Court” contained
in Section 8.
10.
The
Nepal
Electricity The term “District Court” shall be
Authority Act, 2041 (1979) 26
substituted for the term “Zonal
Court” contained in Section 39.
24
25
26
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
23
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