Restriction
of Climbing the Himalayan-Peaks without Obtaining
Permission:
No any mountaineering expedition team
shall be entitled to climb any Himalayan-Peaks
without obtaining permission under this Act.
Permission to be taken
for Mountaineering:
A mountaineering expedition team, desirous
to climb any Himalayan-peak of the Kingdom of
Nepal opened by Government of Nepal for mountaineering
shall have to submit an application to Government
of Nepal as prescribed.
Government of Nepal may, if an application is
received persuant to sub-section(1) and if it
deems reasonable after making necessary examination
there of, issue permit as prescribed.
The condition to be fulfilled by the mountaineering
expedition team obtaining permit for mountaineering
shall be as prescribed.
Royalty to be paid for
Mountaineering:
The mountaineering expedition team, obtaining
permit for mountaineering persuant to section
17, shall pay the prescribed royalty in the
convertible foreign currencies for the specified
altitude of Himalayan peak.
Provided that the royalty to be paid by a Nepalese
mountaineering expedition team or by Nepalese
side of a joint-mountaineering expedition team
of Nepalese and foreigners may be paid in Nepalese
currency.
The royalty being paid by a mountaineering expedition
team shall not be transferred for another mountaineering
expedition team.
Route for Mountaineering:
A mountaineering expedition team shall strictly
use the route for mountaineering as prescribed
in the permit issued by Government of Nepal.
A prior approval of Government of Nepal shall
have to be obtained in case the route of mountaineering
is needed to change on account of natural or
any other reasons.
Provided that, if it is indispensable to change
the route on account of unexpected reasons,
the reason thereof shall have to be informed
as soon as possible to Government of Nepal through
the Liason Officer.
Liason Officer:
A Mountaineering expedition team, which has
obtained a permit for mountaineering, shall
have to include Liason Officer in such number
of its team as Government of Nepal may depute.
A Mountaineering expedition team shall have
to provide with the facilities as prescribed
for the Liason Officer deputed for accompanying
what the expedition team persuant to sub-section
(1) for the period commencing from the date
of departure for mountaineering expedition to
the date of arriving after completion of mountaineering
at Kathmandu or any other place as specified
by Government of Nepal.
The functions, duties and powers of a Liason
Officer shall be as prescribed.
Provision relating to Sirdar, Mountain Guide,
Base-Camp Workers, etc.
A mountaineering expedition team, may, while
departing for mountaineering, take Sirdar, mountain-guides,
base-camp-workers, altitude-workers and local-workers
over to mountaineering expedition with it. The
mountaineering team shall have to provide with
the facilities as prescribed for such person
accompanying with the expedition team for the
period commencing from the date of departure
for mountaineering expedition to the date of
arriving after completion of mountaineering
at Kathmandu or any other place as specified
by Government of Nepal. Provided that the mountaineering
expedition team shall take the workers in a
number as prescribed with it.
Base-camp-workers, altitude-workers or local-workers
may be taken over to the expedition on the way
if so required after departing for the mountaineering.
Functions, duties and powers of the Sirdars,
mountain-guides, base-camp-workers, altitude-workers
and local-workers shall be as prescribed.
Nepalese Citizen
Ought to be:
The Sirdars, mountain-guides, altitude-workers,
base-camp-workers and local-workers should be
the Nepalese citizens.
May be removed from work:
The leader of the mountaineering expedition
team, may in consultation with the Liason Officer
remove any Sirdar, mountain-guide, altitude-worker,
base-camp-worker from work in case any of such
person's work is not seemed satisfactory.
1A. If any person is removed from work before
completion of the task of mountaineering persuant
to sub-section(1) and person shall have to give
back the materials which he had obtained as
facilities to the mountaineering expedition
team except the materials such as clothes, shoes
etc. which has already been used by putting
on his body.
The mountaineering expedition team shall provide
expenses required for returning from the place
of removal of work to the place of employment
to the person removed under sub-section(1).
Health check to be done:
Before departing for mountaineering a mountaineering
expedition team shall cause to check the health
of members of its team, Liason Officer, Sirdar,
Mountain-guide, Altitude-worker, Base-camp-worker
and Local worker.
A person whose health condition is not seemed
satisfactory while checking up health persuant
to sub-section (1) shall not be taken over to
the mountaineering team.
Personal Accident insurance
to be made:
A mountaineering expedition team shall cause
the lives of Liason Officers, Sirdars, mountain-guides,
base-camp-workers and altitude workers to be
insured with a prescribed insurer for a prescribed
sum of its own cost against the risk of personal
accident before engaging them.
Provided that, the personal accident insurance
of local-workers shall not be compulsory.
If a person, who is to be insured persuant to
sub-section(1) dies of or sustains injury in
an accident whilst on his duty, before being
insured, on account of engaging him on the way
or due to any other reason, the concerned mountaineering
expedition team shall make a payment as compensation
to his or his legal heir the amount of money
equal to the amount to be insured as if he were
insured.
If a Local-worker, whilst on his duty, dies
of or sustains injury in an accident, the concerned
mountaineering expedition team shall compensate
to him or his legal heir persuant to sub-section
(2) in case such person was not being insured.
Explanation: for
the purpose of this Chapter:
(a) "Accident" shall include any disease
or ailment causing on accident of snow or altitude.
(b) "Whilst on his duty" shall include
the period between the date and place of commitment
to engage or employ and the date of return at
the same place after completion of the task.
Agent to be appointed:
A mountaineering expedition team shall appoint
his agent in order to perform incidental works
at Kathmandu while it is in the course of mountaineering
and inform to Government of Nepal accordingly.
While appointing an agent under sub-section
(1) a foreign or joint mountaineering expedition
team except the Nepalese mountaineering expedition
team shall, appoint a Trekking Agency or any
institution arranging mountaineering licensed
under this Act.
Functions, rights and duties of the agent appointed
under sub-section (1) shall be as prescribed.
Provision regarding with
bringing of Equipments and Materials relating
to Mountaineering only:
A mountaineering expedition team obtaining
a permit persuant of Section 17, shall bring
the equipments and other materials concerned
with its expedition in a required number into
the Kingdom of Nepal after obtaining prior approval
of Government of Nepal.
If any Mountaineering expedition team brings
any equipment or other materials by hiding or
concealing, without giving information to Government
of Nepal, Government of Nepal may seize such
materials or equipments.
Reports concerning Mountaineering
to be transmitted:
The leader of a mountaineering expedition team
or a member of the team working on his behalf
shall transmit periodic reports as prescribed
on the period of mountaineering through the
Liason Officer or directly in case there is
no any Liason Officer.
The leader of a mountaineering expedition team,
shall, after the completion of its mountaineering
expedition, submit a report as prescribed to
Government of Nepal within a prescribed time.
Emergency Rescue Operation:
If any person accompanying with the mountaineering
expedition team such as Liason officer, sirdar,
mountain-guide, altitude-worker, base-camp-worker,
local-worker or a mountaineer is to be rescued
from emergency, rescue-work may be operated
through the agent appointed persuant to Section
26 or an institution, if any established for
rescue-works.
All costs incurred on rescue-works persuant
to sub-section (1) shall be borne by the concerned
mountaineering expedition team.
To Inform:
The Liason Officer deputed to accompany with
the mountaineering expedition team or leader
or any member of the said team shall, in case
there occurs accident in course of mountaineering
to any member, Liason Officer, Mountain-guide,
altitude-worker, base-camp-worker or local-worker,
if the mountaineering expedition team or any
of them is killed in an accident or by any other
reason or is lost, submit a detail report thereof
to Government of Nepal.
Government of Nepal may, on the basis of the
report received persuant to sub-section (1),
formally inform to the concern person or agency
as to the death or disappearance of such person.
Environment to be kept
unpolluted:
A mountaineering expedition team, shall while
carrying on the mountaineering, comply with
the prescribed conditions in order to not causing
the environment to be polluted.
If any loss or damage to the life of any person
or governmental or non-governmental property
is caused by reason of non-complying with the
conditions set forth persuant to sub-section
(1), the concerned mountaineering expedition
team shall pay the compensation as fixed by
Government of Nepal and in case such team fails
to pay them, the agency which has recommended
such mountaineering expedition team shall have
to pay such compensation.
Transmission of News
as regards mountaineering:
A mountaineering expedition team shall whilst
in course of mountaineering not transmit elsewhere
any news as regards mountaineering without giving
information to Government of Nepal.
Liability and Responsibility
of the Leader of the Mountaineering Expedition
Team:
Main responsibility to cause to be completed
with the provisions of this Act, rules framed
hereunder and the conditions as prescribed in
the permit shall be lied in the leader of the
mountaineering expedition team.
Other functions and duties of the leader of
a mountaineering expedition team, except as
mentioned in sub-section (1), shall be as prescribed.
Permission might be revoked
or imposed restriction thereon:
Government of Nepal may, if the leader or any
member of a mountaineering expedition team violates
this Act, rules framed hereunder or any matter
contained in conditions of the permits for mountaineering,
revoke at any time the permits issued under
this Act.
If any special situation arises in order to
revoke the permission for mountaineering issued
under this Act, Government of Nepal may at any
time revoke such permission with or without
showing reasons thereof.
Abandonment of Mountaineering:
Any mountaineering expedition team may at any
time abandon its mountaineering expedition.
Royalty not to be
refunded:
If the permission is revoked persuant to sub-section
(1) of Section 33 or the expeditions abandoned
persuant of section 34, the royalty once paid
by such mountaineering expedition team shall
not be refunded.
Exemption may be
provided for the Mountaineering Expedition Team:
Notwithstanding anything contained in other
provision of this Act, Government of Nepal may
provide any exemption or facility as prescribed
for Nepalese and prescribed mountaineering expedition
team or foreign team or mountaineering expedition
which included Nepalese citizen in its team.
Membership of Mountaineering
Association to be obtained:
Any Sirdar, mountain-guide, altitude-worker
or base-camp-worker, who does not have obtained
membership of Mountaineering Association, shall
not be entitled to go accompanying with a mountaineering
expedition team and the institution which makes
arrangement for mountaineering also shall not
be entitled to make any arrangement without
being affiliated with the Mountaineering Association.
Government of Nepal may delegate power to the
Mountaineering Association for issuing permit
of mountaineering expedition on prescribed Himalayan-peaks.
The Mountaineering Association shall, if issues
permit in exercising the power delegated under
sub-section (2), sent forth the details of such
permission to Government of Nepal within fifteen
days from the date of issuance of such permit.
Government of Nepal if deems necessary, may
give necessary orders or directives to the Mountaineering
Association and it shall be the duty of such
Association to abide by such orders or directives.
Penalty:
Government of Nepal may ban any mountaineering
expedition team or its member from entering
onto the Kingdom of Nepal for a period up to
five years or mountaineering in the Kingdom
of Nepal for period up to ten years if such
team or its member, commits the following acts:
(a) To scale any Himalayan-peak or attempt to
do so without obtaining permission.
(b) To scale any Himalayan-peak which is not
opened for mountaineering, attempt to do so.
(c) To commit any immoral conduct or behaviour
whilst on mountaineering period.
(d) On failure to submit the prescribed matter
within the prescribed period which ought to
be submitted to Government of Nepal after completion
of mountaineering expedition.
(e) On failure to comply with the conditions
prescribed for not causing the environment polluted.
(f) Upon violation of the provisions of this
Act or rules framed hereunder of conditions
specified in the permit.
If any mountaineering expedition team or its
members scales any Himalayan-peak without obtaining
permission, Government of Nepal may not proceed
persuant to sub-section (1) and impose a fine
equal to the amount to twice of royalty and
other charges to be paid for obtained permission
of mountaineering of such peak under this Act.
If any mountaineering expedition team or its
member scale any Himalayan-peak not opened for
mountaineering, Government of Nepal may, if
it deems proper not to proceed under sub-section
(1) and impose a fine equal to the amount of
three times or the royalty to be paid for scaling
the highest Himalayan peak opened for mountaineering.
If any agency making arrangements for mountaineering
violates any provisions regarding mountaineering
of this Act or rules framed hereunder or instigates
other to violate, Government of Nepal may punish
either banning such agency from making any types
or arrangement for mountaineering for a period
from one year to five years imposing a fine
which may extend from five thousand rupees to
twenty-five thousand rupees or with both.
If any mountaineering expedition team does not
comply with the prescribed conditions set forth
for not causing the environment to be polluted,
Government of Nepal may if it deems proper not
to proceed under sub-section (1), impose a fine
of up to twenty-five thousand rupees.
If any mountaineering association does not abide
by the orders or directives issued by Government
of Nepal persuant to sub-section (4) or Section
37, Government of Nepal may withdraw the power
delegated persuant to sub-section (2) of section
37 or invoke the recognition provided to it
for mountaineering purpose.
If any person instigates any mountaineering
expedition team or any of its member to violate
this Act or rules framed hereunder or order
or directives of Government of Nepal, the prescribed
authority may punish such person with fine which
may extend from five hundred rupees to five
thousand rupees.
A person, who is aggrieved by the order given
by the prescribed authority persuant to sub-section
(7) may file a complaint before Government of
Nepal within thirty-five days and a decision
made by Government of Nepal to the effect shall
be final.
Note: Complete Version of Tourism Act will be
uploaded very soon.
