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Tourism Act, 2035
(Provisions Relating to Mountaineering)
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.