Malla Treks heartly welcomes you to the beautiful country of Nepal, the sweetest homeland of the happiest and extraordinarily hospitable people of the world.
Malla Treks heartly welcomes you to the beautiful country of Nepal, the sweetest homeland of the happiest and extraordinarily hospitable people of the world.
It is critical that everyone follows tourism laws and orders while visiting Nepal to ensure a safe and enjoyable experience.
Tourism laws and orders in Nepal are intended to protect the natural environment, cultural heritage, and local communities’ well-being. It is your responsibility as a tourist to follow these laws and orders.
Section 45B. Approval to be obtain:
A tourist, who is interested in rafting, trekking and prescribed activity amongst tourism activity pursuant to Section 45A, shall obtain an approval as prescribed upon paying prescribed fees.
Section 45C. Penalty:
(1) In case, someone operating a tourism enterprise pursuant to Section 45A violates this Act or Rules made thereunder or direction or order of Government of Nepal, the prescribed officer may fine him/her
Up to Twenty Thousand Rupees.
(2) In case, a tourist who commits any activity mentioned in Section 45B without obtaining an approval pursuant to this Act or Rules framed therenunder or a tourist who has obtained such approval violates this Act or Rule framed thereunder, the prescribed officer may fine him/her Up to Ten Thousand Rupees.
(3) The aggrieved person, by the order made by prescribed officer pursuant to Sub-section (1) and (2), may file a complaint before Government of Nepal within Thirty five days and a decision made by Government of Nepal to that effect shall be final
Section 46. Restriction may be imposed on sale and purchase of Tourist Goods:
(1) Government of Nepal, by a Notification in the Nepal Gazette, may issue an order to restrict the tourist not sale or donate or transfer the ownership on such prescribed goods which he/she brought from abroad.
(2) In case, someone gives or takes the goods against the order issued pursuant to Sub-section (1), the Chief District Officer may fine equal to claimed amount from the giver and seize the goods from receiver.
(3) A person who is not satisfied with the order made by the Chief District Officer pursuant to Sub-section (2), may file an appeal within Thirty five days, before the ‽Court of Appeal.
“Archaeological Object” means the object made and used by human being in pre-historical period or handwritten genealogy, handwritten manuscript, golden inscription, copper inscription, petrography, wooden inscription, bhojapatra (document written on the bark of brick tree). tadapatra (document written on the leaf or bark of Palmyra tree), paper, coin, house where historical event has occurred or where historically special personality has resided and things such as stone, wood, soil, ivory, bone, glass, cloth, paper or metal used by such person or some important portion of the house in which attractively scribed things are used, scribed or inscribed idol, temple of god or goddess, Buddhist cenotaph statue, thanks, things used in 5 …………, replica of animal, birds and any movable or immovable objects, which depict the history of any country, and objects as prescribed by Government of Nepal by a Notification in the Nepal Gazette from time to time.
Section 17B. Requirement of filling customs Declaration form by foreign nationals willing to import archaeological objects within Nepal:
(1) If a foreign national wishes to bring into Nepal an archaeologically important object from the point of view of history, arts, science etc. he shall do so by filling up the customs declaration form in accordance with the prevailing law.
(2) The person who has brought archaeological object by filling up the customs declaration form pursuant to Sub-section (1) may take that with him/her while going out of Nepal.
(3) The archaeological object brought without filling up the customs declaration form pursuant to Sub-section (1) cannot be taken out of Nepal.
Section 13. Restriction on transfer, transaction, export or collection of ancient monument and archaeological object or curio:
(1) An historical, archaeological or artistic object as prescribed by Government of Nepal by a Notification published in the Nepal Gazette shall not be exported from Nepal or transferred from one place to another even within Nepal. If it is to be transferred to any place, prior approval of Government of Nepal shall be taken. Provided that, it shall not be deemed as putting any obstruction to export or transfer from one place to another within Nepal or to store at some place any curio approved and marked by Government of Nepal pursuant to Sub-section
Section 4. Restriction on entry into national park:
(1) No person shall be allowed to enter into a national park or reserve without obtaining an entry permit as prescribed or a written permission from the authorized official. Provided that, this Sub-Section shall not be applied to government employees who are on deputation or to persons who have the privilege of right-of-way into the national park or reserve.
(2) The design, type, fee and other conditions of the entry permit mentioned in the Sub-Section (1) shall be as prescribed.
Section 5. Prohibited actions within national park or reserve:
No person shall carry out the following actions within national park or reserve without obtaining a written permission from the authorized official:
a. To hunt wildlife,
b. To construct or possess house, hut, shelter, or any other structures of any material,
c. To occupy, clear, reclaim or cultivate any part or grow or harvest any crop,
d. To graze any domestic animal or bird, or feed water to it,
e. To cut, clear, fell, remove or block trees, plants, bushes or any other forest resources, or do anything to cause any forest resources dry, or set it on fire, or otherwise harm or damage it,
f. To dig mines, stones or remove any mineral, stone, boulder, earth or any other similar material,
g. To cause damage to forest resources or wildlife or birds or any land,
h. To carry arms, ammunition or poison, or use them,
i. To take any domestic or any other kind of animal or trophy by persons other than government employees on deputation or visitors of the public paths within the national park or reserve, and
j. To block, divert any river or stream flowing through national park or reserve, or any other source of water, or use any harmful or explosive materials therein.
Section 122. Prohibition of showing sexual organ in public place:
(1) No person above ten years of age shall, except for the purpose of medical sciences or treatment, do any obscene act or conduct or show his or her sexual organ or utter or make any obscene words or gesture to any one in a public place.
(2) A person who commits the offence referred to in subsection(1) shall be liable to a sentence of imprisonment for a term 75 not exceeding six months or a fine not exceeding five thousand rupees or both the sentences.
Section 123. Prohibition of having sexual intercourse in public place:
(1) No person shall have sexual intercourse with any one or any kind of unnatural sexual intercourse in a public place, or in any other place in a manner that such intercourse is visible to others.
(2) A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
Section 158. Prohibition of proselytizing:
(1) No person shall convert any one from one religion to another or make attempt to or abet such conversion.
(2) No person shall do any act or conduct which undermines the religion, opinion or faith of any caste, race, community or convert any one into another religion, whether by inducement or not, in a manner to so undermine or propagate such religion or opinion with the intention of making such conversion.
(3) A person who commits, or causes to be committed, the offence referred to in sub-section (1) or (2) shall be liable to a sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees.
(4) If a foreigner commits, or causes to be committed, the offence referred to in sub-section (1) or (2), he or she shall be deported from Nepal within seven days after the date of completion of the service of imprisonment imposed under this Section.
Section 293. Prohibition of listening to or recording other’s conversation:
(1) No person shall, by using a mechanical device, listen to, or record, any conversation held between two or more persons, without permission of the competent authority or consent of such persons holding conversation.
(2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences. Provided that this Section shall not apply to any speech or statement made publicly.
Section 295. Prohibition of taking or disfiguring photograph of any person without his or her consent:
(1) No person shall, without consent of another person, take a photograph of that other person or make another photograph by mixing other’s photograph with the photograph of that other person. Provided that a person who, while taking a photograph of any public place, happens to take also a photograph of any person remaining in such place shall not be considered to commit the offence under this Section.
(2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
(3) No person shall make a disfigured photograph by mixing some part of one’s photograph with another part of other’s photograph or in any other manner or publish such disfigured photograph.
(4) A person who commits, or causes to be committed, the offence referred to in sub-section (3) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.
Section 296. Prohibition of giving or selling one’s photograph to another without consent:
(1) No person shall give or sell one’s photograph without his or her consent to another person, or publish, publicize, purchase or sell such photograph, with the intention of annoying, disturbing or troubling him or her or taking any undue benefit from 194 him or her or taking benefit by making commercial use of such photograph.
(2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences.
Provision relating to Mountaineering/ Expedition
Section 16. Restriction on Climbing Himalayan-Peaks without Permission:
No mountaineering expedition team shall be entitled to climb any Himalayan-Peak Amended by the Second Amendment. without obtaining permission under this Act.
Section 17. Permission to be taken for Mountaineering:
(1) A mountaineering expedition team, interested to climb any Himalayan-peak of Nepal so permitted by Government of Nepal for mountaineering, shall submit an application to Government of Nepal as prescribed.
(2) Upon receiving an application pursuant Sub-section (1), Government of Nepal may, if it deems reasonable upon conducting necessary inquiry, issue permit as prescribed.
(3) The terms and conditions to be fulfilled by the mountaineering expedition team, who has obtained permission for mountaineering, shall be as prescribed.
Section 18. Royalty to be paid for Mountaineering:
(1) The mountaineering expedition team, who has received permit for mountaineering expedition pursuant to Section 17, shall pay the prescribed royalty in the convertible foreign currencies for the prescribed 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.
(2) The royalty being paid by one mountaineering expedition team shall not be transferred for any other mountaineering expedition team.
Section 19. Route for Mountaineering:
(1) A mountaineering expedition team shall strictly follow the route for mountaineering as prescribed in the permit issued
(2) A prior approval of Government of Nepal shall be obtained in case the route of mountaineering is needed to be changed due to natural or any other reasons. Provided that, if it is indispensable to change the route from unexpected (force majore) reasons, the reason thereof shall have to be informed as soon as possible to Government of Nepal through the Liaison Officer.
Section 20. Liaison Officer:
(1) A Mountaineering expedition team, who has received a permit for mountaineering expedition, shall have to include Liaison Officer in such number as Government of Nepal may depute. Provided that, Government of Nepal may determine Himalayan Peaks, where it shall no be necessary to include Liaison Officer.
(2) A Mountaineering expedition team shall provide facility to the Liaison Officer deputed for accompanying with the expedition team pursuant 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, as prescribed.
(3) The functions, duties and powers of a Liaison Officer shall be as prescribed.
Section 21. Provision relating to Sardar, Mountain Guide, Base-Camp Workers, etc.:
(1) A mountaineering expedition team may include Sardar, mountain-guides,base-camp-workers, altitude-workers and local-workers over to mountaineering expedition while departing for mountaineering. The mountaineering team shall provide facility, to such persons 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, as prescribed. Provided that, the mountaineering expedition team shall include the workers in a number as prescribed.
(2) Base-camp-workers, altitude-workers or local-workers may be taken to the expedition on the way if so required after departing for the mountaineering.
(3) The functions, duties and powers of the Sardars, mountain-guides, base-camp-workers, altitude-workers and local-workers shall be as prescribed.
Section 22. To be a Nepalese Citizen:
The Sardars, mountain-guides, altitude-workers, base-camp-workers and local-workers accompanying with mountaineering expedition team should be the Nepalese citizens.
Section 23. May be removed from work:
(1) The leader of the mountaineering expedition team may, in consultation with the Liaison Officer, remove any Sardar, mountain-guide, altitude-worker, base-camp-worker from work in case any of such person’s work is not found satisfactory.
(1a) If somebody is removed from the work before the completion of the mountaineering task pursuant to Sub-section
(1), the materials received as facility, other than clothes, shoes etc. use in the body, shall be returned back to the expedition team.
(2) 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 as removed under Sub-section (1).
Section 24. Medical check-up to be conducted:
(1) The mountaineering expedition team shall cause to check-up the health of the members of its team, Liaison Officer, Sardar, Mountain-guide, Altitude-worker, Base-camp-worker and Local worker before departing for mountaineering.
(2) A person whose health condition is not found satisfactory while checking up health pursuant to Sub-section (1) shall not be included into the mountaineering team.
Section 25. Personal Accident insurance to be made:
(1) The mountaineering expedition team shall cause to insure a personal Accident insurance to the Liaison Officers, Sardars, mountain-guides, base-camp-workers and altitude workers by a prescribed insurer for a prescribed sum, in his/her own cost before engaging them into the work. Provided that, the personal accident insurance of local-workers shall not be compulsory.
(2) If a person, who is to be insured pursuant to Sub-section (1) dies or sustains injury in an accident whilst on his/her duty, before being insured, on account of engaging him/her on the way or due to any other reason, the concerned mountaineering expedition team shall make a payment as compensation to him/her or his/her legal heir an amount of money equal to the amount as if he/she were insured.
(3) If a Local-worker, whilst on his/her duty, dies of or sustains injury in an accident, the concerned mountaineering expedition team shall compensate to him/her or his/her legal heir pursuant to Sub-section
(2) even though such person was not being insured. Explanation: for the purpose of this Chapter: (a) “Accident” includes any disease or ailment causing due to snow or altitude. (b) “Whilst on his/her duty” includes 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.
Section 26. Agent to be appointed:
(1) The mountaineering expedition team, who is engaged in mountaineering expedition, shall appoint own agent in order to perform incidental works in Kathmandu and its information shall be provided to Government of Nepal.
(2) While appointing an agent pursuant to 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.
(3) The functions and duties of the agent appointed pursuant to Subsection (1) shall be as prescribed.
Section 27. Provision regarding with bringing of Equipments and Materials relating to Mountaineering only:
(1) The mountaineering expedition team who has a permit pursuant of Section 17, shall bring the equipments and other materials concerned with its expedition, in a required number, into the Nepal after the prior approval of Government of Nepal.
(2) In case, a 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 equipments or such materials.
Section 28. Report regarding Mountaineering to be transmitted:
(1) the leader of a mountaineering expedition team or a member of the team working on his/her behalf shall transmit periodic reports as prescribed in the period of mountaineering through the Liaison Officer or directly in case there is no any Liaison Officer.
(2) The leader of a mountaineering expedition team shall submit a report as prescribed to Government of Nepal within a prescribed time, after the completion of its mountaineering expedition.
Section 29. Emergency Rescue Operation:
(1) In case, any person accompanying with the mountaineering expedition team such as Liaison officer, sardar, 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 pursuant to Section 26 or an institution, if any established for rescue-works.
(2) All costs incurred on rescue-works pursuant to Sub-section (1) shall be borne by the concerned mountaineering expedition team.
29A. To Inform:
(1) In case, a member, Liaison Officer, Mountain-guide, altitudeworker, base-camp-worker or local-worker had an accident or killed in an accident or by any other reason or is lost in the time of mountaineering, a Liaison Officer accompanying with the mountaineering expedition team or leader or any member of the such team shall submit a detail report thereof to Government of Nepal.
(2) Government of Nepal may, on the basis of the report received pursuant to Sub-section (1), informally inform to the concern person or agency as to the death or disappearance of such person.
Section 30. Environment to be kept Unpolluted:
(1) A mountaineering expedition team, shall comply with the prescribed conditions in order to not causing the environment to be polluted at the time of mountaineering,
(2) In case, 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 prescribed conditions pursuant to Sub-section (1), the concerned mountaineering expedition team shall pay the compensation as determined by Government of Nepal and if such team fails to pay them, the agency which has recommended such mountaineering expedition team shall have to pay such compensation.
Section 30A. Deposit may be taken for garbage management:
(1) Government of Nepal may take deposit as prescribed from the mountaineering expedition team of prescribed Himalayan peak for the garbage management.
(2) The deposit pursuant to Sub-section (1) shall be returned to the concerned mountaineering expedition team after such team deposits the prescribed goods in the place so determined by the Government of Nepal upon completion of such expedition.
(3) The deposit amount shall be transferred to the government account; if concerned mountaineering expedition team does not deposit the goods pursuant to Sub-section (2) in the determined place and such goods may be sent back to the concerned place.
Section 31. Transmission of News relating to mountaineering:
A mountaineering expedition team shall not transmit elsewhere any news regarding to mountaineering without giving information to Government of Nepal at the time of the mountaineering.
Section 32. Liability and Responsibility of the Leader of the Mountaineering Expedition Team:
(1) A leader of the mountaineering expedition team shall have main responsibility to cause to fulfill the provisions of this Act, Rules framed hereunder and the conditions as prescribed in the permit.
(2) other functions and duties of the leader of a mountaineering expedition team, except pursuant to Sub-section (1), shall be as prescribed.
Section 33. Permission might be revoked or imposed restriction thereon:
(1) In case, a leader or any member of a mountaineering expedition team violates this Act, Rules framed here under or any matter prescribed in conditions of the permit for mountaineering, Government of Nepal may revoke permit issued under this Act at any time.
(2) If any special situation arises in order to revoke the permission for mountaineering issued under this Act, Government of Nepal may revoke such permission with or without showing reasons thereof at any time.
Section 34. Abandonment of Mountaineering:
A mountaineering expedition team may abandon its mountaineering expedition at any time.
Section 35. Royalty not to be refunded:
In case, the permission is revoked pursuant to Sub-section (1) of Section 33 or the expedition is abandoned pursuant to Section 34, the royalty paid by such mountaineering expedition team shall not be refunded.
Section 36. Exemption may be provided for the Mountaineering Expedition Team:
Notwithstanding anything contained elsewhere in this Act, Government of Nepal may provide any exemption or facility as prescribed for Nepalese and prescribed mountaineering expedition team or foreign mountaineering expedition team which has included Nepalese citizen within it.
Section 37. Membership of Mountaineering Association to be obtained:
(1) Any Sardar, mountain-guide, altitude-worker or base-camp-worker, who has not 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.
(2) Government of Nepal may delegate power to the Mountaineering Association for issuing permit of mountaineering expedition on prescribed Himalayan-peaks.
(3) In case, any permit is issued upon exercising the power delegated pursuant to Sub-section (2), the Mountaineering Association shall send the details of such permission within fifteen days from the date of issuance of such permit to Government of Nepal.
(4) Government of Nepal, may issue necessary orders or directives to the Mountaineering Association and it shall be the duty of such Association to abide by such orders or directives.
Section 38. Penalty:
(1) In case, a mountaineering expedition team or its any member commits any of the following acts, Government of Nepal may ban them from entering into Nepal for a period up to Five years or ban for mountaineering in Nepal for a period up to Ten years:-
(a) To scale any Himalayan-peak or attempt to do so without obtaining permission.
(b) To scale or attempt to do so of any Himalayan-peak which is not opened for mountaineering.
(c) To commit any immoral conduct or behavior whilst on mountaineering period.
(d) On failure to submit the prescribed matters 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 thereunder or conditions specified in the permit.
(2) In case, any mountaineering expedition team or its member scales any Himalayan-peak without obtaining permission, Government of Nepal may, if it deems appropriate, impose a fine equal to the amount to double of royalty to be paid for obtaining the permission of mountaineering of such peak, instead of an action pursuant to Sub-section (1).
(3) In case, any mountaineering expedition team or its member scales any Himalayan-peak not opened for mountaineering, Government of Nepal may, if it deems appropriate, impose a fine equal to the amount of three times of the royalty to be paid for scaling the highest Himalayan peak opened for mountaineering instead of an action pursuant to Sub-section (1). Amended by the First Amendment.
(4) In case, any agency making arrangements for mountaineering violates any provisions regarding mountaineering of this Act or Rules made thereunder or instigates others to violate the same, Government of Nepal may punish either banning such agency from making any types of arrangement for mountaineering for a period from one year upto Five years or imposing a fine from Five Thousand Rupees upto Twenty Five Thousand Rupees or with both.
(5) In case, 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 appropriate, impose a fine of upto Fifty Thousand Rupees instead of proceeding any action pursuant to Sub-section (1).
(6) In case, a mountaineering association does not abide by the orders or directives issued by Government of Nepal pursuant to Sub-section (4) or Section 37, Government of Nepal may withdraw the power delegated pursuant to Sub-section (2) of Section 37 or invoke the recognition provided to it for mountaineering purpose.
(7) In case, someone instigates any mountaineering expedition team or any of its member to violate this Act or Rules framed thereunder or order or directives of Government of Nepal, the prescribed authority may punish such person with a fine from One Thousand Rupees upto Ten Thousand Rupees.
(8) The aggrieved person, by the order made by prescribed officer pursuant 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 this effect shall be final.