Government of Nepal has made
the following rules by exercising the power
of Section 56 of the Tourism Act, 2035 B.S.
(1978 A.D.)
1. Short title and
commencement:
(a) These rules may be called the "Mountaineering
Expedition Regulation, 2059 B.S. (2002 A.D.)
(b) This regulation shall come into force at
once.
2. Definition: In
this Regulation, unless the subject or context
otherwise requires,
(a) "Act" means the Tourism Act,
2035 B.S.(1978 A.D.)
(b)
"Permit" means the mountaineering
expedition permit to be given to the mountaineering
expedition team for climbing the mountain as
per this Regulation.
(c)
"Ministry" means the Ministry of Culture,
Tourism and civil Aviation.
3.
Permit to be taken for the Mountaineering Expedition:
(a)
The mountaineering expedition team has to take
permit for the mountaineering expedition, one
has to submit an application to the Ministry
in the format as prescribed in Schedule-1.
(b)
Upon receiving an application under sub rule
(1), the Ministry may provide permit to the
applicant after making necessary inquiry and,
if it seems appropriate to provide permit, in
the format as prescribed in Schedule - 2 after
taking the royalty pursuant to Rule 4.
Provided that the permit shall not be provided
to that person who is under the age of 16.
(c)
Notwithstanding anything contained in sub rule
(2), the preliminary mountaineering expedition
permit may be provided to the applicant in the
format as prescribed in schedule-3, if any mountaineering
expedition team pays the five percent royalty
amount for the Mount Everest and ten percent
royalty amount for other mountains and if it
is made appropriate to provide permit.
(d)
The Ministry shall provide permit as per sub
rule (2) to the mountaineering expedition team
having the preliminary mountaineering expedition
permit pursuant to sub rule (3) after paying
the rest of royalty amount pursuant to Rule
4.
Provided that the Ministry shall provide permit
to the applicant if the mountaineering expedition
team having the preliminary mountaineering expedition
permit except to those mountains having the
height of less than 7000 meter and the mountain
pursuant to clause (a) and (b) of sub rule (1)
of Rule 32, desiring for any alteration or change
in it's mountaineering expedition team, after
ten days of application.
(e)
The mountaineering expedition team, having the
permit pursuant to sub rule (2) and (4) shall
take briefing of the Ministry relating to the
mountaineering expedition, before departure
for the mountaineering expedition.
4.
Period and Royalty for the Mountaineering Expedition:
(a)
The royalty for the mountaineering expedition
team for mountaineering expedition shall be
as prescribed in schedule-4.
(b)
The mountaineering expedition team having the
preliminary mountaineering expedition permit
shall have to pay the rest of the royalty within
one year of such permit.
(c)
The preliminary mountaineering expedition permit
of any mountaineering expedition team shall
be cancelled if the rest of the royalty shall
not be paid within the time frame pursuant to
sub rule (2).
5.
Delaying of Mountaineering Expedition Program
and Change of Mountain:
(a)
The mountaineering expedition team shall submit
an application to the Ministry, before the commencement
of the mountaineering expedition program including
the time frame and program of the mountaineering
expedition or ascertaining the mountain in a
case it wants to change the mountain if any
mountaineering expedition team wants to postpone
the mountaineering expedition program or wants
to change the mountain as prescribed in the
permit.
(b)
The Ministry may provide permit for delaying
the program up to two years to that mountaineering
expedition team who desires to delay the mountaineering
expedition program pursuant to sub rule (1).
(c)
The Ministry shall provide permit to change
the mountain after receiving the extra royalty
from the mountaineering expedition team for
the change of mountain if the royalty so needed
to such mountain pursuant to sub rule (1)
Provided that the royalty amount paid to earlier
is higher than the changed mountain such different
amount shall not be returned.
6.
Terms and conditions to be fulfilled by a Mountaineering
expedition team:
The mountaineering expedition team, which has
obtained a mountaineering expedition permit,
shall comply with the following terms and conditions:
(a)
The team shall confine its activities only in
the mountain for which a permit has been obtained.
(b)
The team shall not indulge in any activity that
may be a contrary to the customs and religious,
social or cultural traditions of the local people
of that area.
(c)
The team shall set up the various camps in its
route to the base camp as far as possible at
such place that may be acceptable to the local
people or as prescribed by Government.
(d)
The team shall not carry any arms, ammunition
and explosives etc. other than those permitted
by Government.
(e)
The team shall not indulge itself in any activity,
which is or may be likely to affect adversely
to the security and reputation of the Kingdom
of Nepal.
(f)
The team shall not use any means of communication
other than those approved for the purpose.
(g)
The team shall not damage or destroy any tree,
shrub, other forest, heritage or environment
existing in the adjoining area or on the route
of its mountaineering expedition.
(h)
The team shall submit all the rare and historical
objects, which may be found by it during the
continuation of mountaineering expedition to
the liason officer.
(i)
The team shall work for non-polluting as prescribed
by Government.
(j)
The team shall inform daily about the condition
and program of mountaineering expedition to
the liason officer.
(k)
The Mountaineering expedition team having a
permit for the mountaineering expedition of
mountain adjoining the international boarder
of the Kingdom of Nepal with other foreign state
shall not violate the international boarder.
7.
Approval to import the means of Communication:
Government may provide approval, to import two
satellite telephone, twelve walkie-talkies,
two wireless having the capacity to communicate
between the base camp and Kathmandu and wireless
having the capacity to communicate between the
base camp and nearest police station or the
place having the telecom facility for temporary
use, in a condition to bring back to home country
after the program, to the mountaineering expedition
team having the permit.
8.
Criteria for the designation of Liason Officer:
Government shall designate liason officer among
the Gazetted third class officer or same level
of the Nepal Army and Nepal police or Non- Gazetted
first class or above class officer of the civil
service or officer level employee of the institution
having the sole authority of Government of Nepal
as working in the institution of Government
at least since last one year, on the following
criteria.
(a)
Having basic training related to mountaineering
expedition.
(b)
Having educational qualification of Bachelor's
degree or same level with compulsory English.
(c)
Having submitted the medical report certified
by the registered physician of the recognized
by Government that one is able to visit the
mountain range.
(d)
Having the knowledge of language to communicate
with the mountaineering expedition team.
9.
Functions, Duties and Rights of Liason Officer:
(a)
To try to solve problem which may be caused
to the Mountaineering expedition team.
(b)
To inspect or monitor the weight of load which
may be carried out by the worker involved with
the Mountaineering expedition team.
(c)
To stay in the base camp during the mountaineering
expedition program.
(d)
To communicate the progress of mountaineering
expedition and to inform the message of accident
if any, by the fastest means of communication
to the Ministry.
(e)
To make efforts to avoid any conflict among
the team members i.e. (the headman, mountain
guide and worker.)
(f)
To try to settle down the conflict or any other
undesirable incident between any member of the
mountaineering expedition team and local people
or headman, guide or worker as well as to initiate
for necessary action with the help of nearest
Police post, District Administration Office
or Local Bodies if it is not possible to settle
down the case by him/herself.
(g)
To carry out or initiate to carry the necessary
work relating to environmental cleanness and
garbage management.
(h)
To prohibit the team or its members from indulging
in any unauthorized mountaineering expedition
and to notify such incident to the Ministry
immediately.
(i)
To send its report to the Ministry as soon as
possible in the event of loss of walkie-talkies,
wireless sets, and other equipment used by the
mountaineering expedition team or in the event
of death or disabilities cause to a member of
the mountaineering expedition team, headman,
guide, or worker due to an accident or in the
event of commission or likely to commission
any serious crime.
(j)
To conduct as an interpreter for the member
of the mountaineering expedition team and other
person with them.
(k)
To advise the leader of the mountaineering expedition
team about the selection of place for mountaineering
camp.
(l)
To send the list of the worker and other person
involved in the mountaineering expedition team
after being certified by the leader of the group.
(m)
To receive the rare and historical objects which
may be found by the mountaineering expedition
team and handed safely in the place as prescribed
by Government.
(n)
To function as per the instruction of the Ministry.
10.
Facility to be provided to the Liason Officer:
The facility to be given to the liason officer
by the mountaineering expedition team shall
be as prescribed in Schedule-5.
11.
Facility may be returned:
The Ministry may cancel travel order and may
cause to return the facilities received as per
this Regulation by the liason officer, if he/she
do not accompany with the mountaineering expedition
team.
12.
Mode of discouragement not to be used
The mountaineering expedition team and institution
arranging of mountaineering expedition shall
not discourage to liason officer to go with
the mountaineering expedition team.
13.
Functions and duties of a Headman:
The functions and duties of a headman shall
be as follows:
(a)
To work in coordination with the liason officer.
(b)
To work for the collective interest of mountain
guide, high altitude worker, base camp worker
and local worker.
(c)
To protect from any damage or loss of commodity
of the mountaineering expedition team by the
negligence of the worker.
(d)
To render necessary advice to the members of
the mountaineering expedition team to climb
in a safe and easy manner.
(e)
To manage the supply of food and equipment in
the camp in appropriate time.
(f)
To help to rescue the liason officer, if any
member of the mountaineering expedition team,
mountain guide or high altitude worker, base
camp worker or local worker have any problem.
(g)
To carry or cause to carry out the necessary
work relating to environment cleanness or garbage
management as prescribed by this Regulation
and as determined by the Ministry.
(h)
To function as instructed by the Ministry or
liason officer.
14.
Qualification and standard of the Headman may
specify:
Government may specify the qualification and
standard of the headman by a notification published
in the Nepal Gazette.
15.
Functions and Duties of a Mountain Guide:
The functions and duties of a mountain guide
shall be as follows :
(a)
To work coordinating with the headman.
(b)
To make necessary arrangement not to happen
any against damage or loss of the equipment
of the team due to the negligence of the workers.
(c)
To guide the mountaineering expedition team
to climb only through the approved route.
(d)
To establish contact with the liason officer
and to work in accordance with his/her order
in a case if it is necessary to change the routes
of the mountaineering expedition due to any
reason above the base camp.
(e)
To render necessary advice to the headman, or
any member of the team in relation to safe and
easy climbing.
(f)
To help to rescue the liason officer, any member
of the mountaineering expedition team, headman,
high altitude worker, base camp worker or local
worker if they have to face any problem.
(g)
To bring back the garbage that came out above
the base camp while using any commodity to the
base camp compulsorily.
(h)
To function as instructed by the Ministry, liason
officer and headman.
16.
Facilities to be provided to Headman, Mountain
Guide, High Altitude worker, Base camp worker
and Local worker:
The facilities to be given by the mountaineering
expedition team to headman, mountain guide,
high altitude worker, base camp worker and local
worker shall be as prescribed in Schedule -
6.
17.
Submission of Will:
Liason officer, headman, mountain guide, high
altitude worker and base camp worker shall have
to prepare three copies of the will in the format
as prescribed in schedule - 7 prior to their
departure for mountaineering expedition and
shall submit, one copy each to the agency or
office of their employment, Mountaineering Association
and Ministry.
18.
To have a Contract:
The mountaineering expedition team or the institution
arranging for the mountaineering expedition
shall enter into a contract with headman, mountain
guide, high altitude worker and base camp worker
before engaging them in the work pursuant to
Schedule - 8.
19.
Provision relating to personnel accident insurance
and compensation:
(1)
The mountaineering expedition team shall insure,
from the insurance company as recognized by
Government, of the liason officer, headman,
mountain guide, high altitude worker and base
camp worker of their personal accident not less
than following amount so as to cover the duration
from the date of departure for mountaineering
expedition until the date of return after completion
of the mountaineering expedition:
(a) For liason officer - Six hundred thousand
rupees.
(b) For headman and mountain guide - Five hundred
thousand rupees.
(c) For the high altitude worker - Four hundred
thousand rupees.
(d) For the base camp worker - Three hundred
and fifty thousand rupees.
(2)
The mountaineering expedition team shall insure
the local worker not less than two hundred fifty
thousand rupees pursuant to sub rule (1).
(3)
The responsibility to make available the insurance
or compensation amount pursuant to sub rule
(1) and (2) and sub section (2) and (3) of section
25 of the Act to the concerned person or his/her
successor shall lie on the concerned mountaineering
expedition team or on such institution arranging
the mountaineering expedition.
(4)
The mountaineering expedition team or insurance
company shall deposit the insurance or compensation
amount at the Ministry if the person found minor
to receive the amount pursuant to sub rule (1)
and (2) and sub section (2) and (3) of Section
25 of the Act and the Ministry shall make appropriate
management of his/her care until he /she become
adult.
(5)
The Mountaineering expedition team shall make
medical insurance, from the insurance company
recognized by Government, of the liason officer,
headman, mountain guide, high altitude worker,
base camp worker and local worker for their
minor injuries in an accident.
20.
Insurance shall be made for Emergency Rescue:
The mountaineering expedition team shall make
insurance for the purpose of Section 29 of the
Act, from an insurance company recognized by
Government of the amount as prescribed by the
Ministry.
21.
Opportunity to be Provided for Climbing:
The mountaineering expedition team shall provide
an opportunity to reach the concerned mountain
peak to the headman, mountain guide, high altitude
worker if they are accompanied with the mountaineering
expedition team up to the last camp.
22.
Weight of the Load:
(1)
The mountaineering expedition team shall not
allow any local worker to carry a load of more
than thirty kg
(2)
The Mountaineering expedition team shall not
allow to carry a load to a worker climbing high
altitude not exceeding the following weight
in the following altitude:
(a) For the altitude from 5000 to 6000 meters
ÂTwenty kg
(b) For the altitude from 6001 to 7000 meters
- Seventeen kg
(c) For the altitude from 7001 to 8000 meters
- Fourteen kg
(d) For the altitude of more than 8000 meters
-Twelve kg
(3)
Notwithstanding anything contained in sub rule
(1) and (2), it may be allowed to carry extra
five kg weight upon mutual consent among liason
officer, leader of the mountaineering expedition
team and the worker in a special situation.
23.
Liabilities and Responsibilities of the Leader
of the Mountaineering expedition team:
The liabilities and responsibilities of the
leader of the mountaineering expedition team
shall be as follows:
(a)
To make arrangement of good fooding and lodging
for the liason officer, headman, mountain guide,
high altitude worker, base camp worker and local
worker.
(b)
To make payment of any dues or compensation
to be paid under this regulation.
(c)
To manage garbage produced in the caravan route,
base camp and above the base camp as per this
Regulation.
(d)
To carry or carried out as the instruction of
the Ministry and liason officer and the terms
as specified by this Regulation.
24.
Broadcasting of News Relating to Mountaineering
Expedition:
The mountaineering expedition team shall provide
all the news relating to mountaineering expedition
through the liason officer to the Government.
25.
Restriction on Sale of the Commodity:
The mountaineering expedition team shall neither
sell nor transfer the ownership of the commodity
without the approval of government, which was
imported under this Regulation or any prevailing
law upon getting exemption on custom duties.
26.
Amount shall be deposited:
(1)
The mountaineering expedition team shall deposit
the amount pursuant to Schedule-9 to the Ministry
for the garbage management before the briefing
related to mountaineering expedition pursuant
to sub rule (5) of Rule 3.
(2)
The amount as deposited pursuant to sub rule
(1) shall be returned only after the submission
of evidence of garbage management as per this
Regulation.
27.
Classification and Management of Garbage:
(1)
The garbage shall be classified for the purpose
of garbage management used by the mountaineering
expedition team as follows:
(a) Garbage which can be destroyed
(b) Garbage which can be recycled
(c) Garbage which his to be re imported
(2)
The materials to be considered the garbage pursuant
to sub rule (1) shall be as prescribed in Schedule
–10.
(3)
The mountaineering expedition team shall destroy
or dig and cover the garbage pursuant to clause
(a) of sub rule (1) in this way that it would
not adversely affect the public place in front
of the institution or body if such institution
or body has been prescribed by government to
manage the garbage in the particular area or
if such institution or body has not been prescribed
the same shall be done in front of the liason
officer or representative of the concerned local
body and if such liason officer or representative
of the local body is not available it shall
be done in front of the headman.
(4)
The mountaineering expedition team shall bring
the garbage pursuant to clause (b) of sub rule
(1) in Kathmandu and shall hand over to in the
institution or body as prescribed by Government.
(5)
The mountaineering expedition team shall bring
back the garbage pursuant to clause (c) of sub
rule (1) to own country.
28.
To be returned in the Base Camp:
(1)
The mountaineering expedition team shall return
in the base camp within the following time frame
from the date of departure from Kathmandu for
mountaineering expedition :
(a) Seventy five days for the mountain having
more than 8,000 meter height,
(b) Sixty days for the 7000 to 8000 meter height
mountain,
(c) Forty-five days for less than 7000 meter
height mountain.
(2)
Notwithstanding anything contained in sub rule
(1) not more than fifteen days may be added
on the request of the concerned mountaineering
expedition team other than the Khumbu, Annapurna
and Manaslu Himalayan Range mountains.
29.
Instruction may be given:
The liason officer may give necessary instruction
to the member of the mountaineering expedition
team, headman, worker concerned with mountaineering
expedition program under the Act, this Regulation,
other prevailing laws and instruction of the
Ministry and it shall be the duty of the member
of the mountaineering expedition team, headman
and worker of the mountaineering expedition
abide with such instruction.
30.
Report Shall be submitted:
Liason Officer shall submit the report relating
to mountaineering expedition in the Ministry
within the fifteen days of the expiry of the
mountaineering expedition program in the format
as prescribed in Schedule –11.
31.
Report, Book, Picture etc. relating to Mountaineering
Expedition shall be submitted:
(1)
The leader of the mountaineering expedition
team shall submit the report relating to mountaineering
expedition in the format as prescribed in schedule
- 12 in the Ministry in the time of debriefing
in person before departure from the Kingdom
of Nepal.
(2)
The leader of mountaineering expedition team
shall submit a detailed photographic report
with a map of the route of the mountaineering
expedition either in English or in Nepalese
language to the Ministry within five months
of the completion of the mountaineering expedition.
(3)
The mountaineering expedition team while presenting
the report with photographs under sub rule (2)
shall enclose the at least a copy of photograph
of each of the concerned mountain pick taken
from the climbing route, photographs taken from
base camp and other camps and if the team member
has taken photograph from the pick such photograph
to the Ministry
(4)
If any mountaineering expedition team publishes
a book or booklet relating to such mountaineering
expedition after completion of the mountaineering
expedition, the team shall send two copies of
such book or booklets to the Ministry.
(5)
If any mountaineering expedition team makes
documentary film relating to its mountaineering
expedition the team shall submit one copy of
such film to the Ministry.
32.
Royalty may be exempted:
Not withstanding anything contained in this
Regulation, Government may exempt full or partial
royalty of the mountaineering expedition team
under this Regulation by a notification published
in the Nepal Gazette in the low pressure period
for the mountaineering expedition of following
mountain:
(a)
Mountain in Low pressure,
(b)
Mountain situated in the area which is underdeveloped
from the economic or social development point
of view,
(c)
Mountain, which is technically easy and can
be climbed in a short span of time.
Clarification :
(1)
For the purpose of this Rule "low pressure
period" means that period between 15 Jestha
to 15 Bhadra (June to August) and first Poush
to Falgun 15 (Mid Dec. to Feb.)
(2)
Notwithstanding anything contained in this Regulation,
Government may fully or partially exempt royalty
to be paid under this Rule by the Nepalese mountaineering
expedition team or to be paid by the member
of the Nepalese mountaineering expedition team
joined in the foreign mountaineering expedition
team, by a notification published in the Nepal
Gazette.
33.
Certificate to be Provided:
The Ministry shall provide a certificate of
mountaineering expedition to the mountaineering
expedition team and the member of such team
for successful mountaineering expedition in
the format as prescribed in schedule - 13.
34.
Officer entitled to punish:
The Secretary of the Ministry shall be officer
entitled to punish for the purpose of sub section
(7) of Section 38 of the Act.
35.
Printing and Using in English Language:
The form and certificate under this Regulation
may be printed or used in English Language as
per necessity.
36.
Alteration or change in the Schedule:
Government may make alteration or change in
the Schedule of this Regulation as per necessity
by a notification published in the Nepal Gazette.
37.
Repeal and saving:
(1)
The Mountaineering Expedition Regulation, 2036
B.S. (1979 A.D) has been repealed.
(2)
The function and procedure conducted or followed
under The Mountaineering Expedition Regulation,
2037 B.S. (1979 A.D) shall be considered as
per this Regulation.
