Association Registration Act, 2034 (1977)


Published: 1977

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Associations Registration Act, 2034www.lawcommissiongov.np
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Associations Registration Act, 2034 (1977)
Date of Authentication 2034-5-27 (Sept. 12, 1977)
Amendments
1. Judicial Administration Reform
(Fourth Amendment) Act, 2043 (1986) 2043-7-24 (Nov. 10, 1986)
2. Administration of Justice Act, 2048 (1991) 2048-2-16 (May 30, 1991)
3. Some Nepal Acts Amendment Act, 2048 (1991) 2049-1-8 (April 20, 1992)

Act Number 10 of the year 2034 (1977)
An Act made to make provisions on establishment and
registration of associations
Preamble: Whereas, it is expedient to make provisions on establishment and registration
of social, religious, literary, cultural, scientific, educational, intellectual, physical,
economical, vocational and philanthropic associations;
Now, therefore, be it enacted by His Majesty the King Birendra Bir Bikram Shah
Dev with the advice and consent of the Rastriya Panchayat.
1. Short Title, Extension and Commencement: (1) This Act may be called the
"Associations Registration Act, 2034" (1977).
(2) This Act shall extend all over the Nepal.
(3) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this Act,-
(a) "Association" means an association, institution, club, circle, council, study
centre etc. established for the purpose of developing and extending social,
religious, literary, cultural, scientific, educational, intellectual,
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philosophical, physical, economical, vocational and philanthropic activities,
and also includes the friendship association.
(b) "Local Authority" means the authority specified by Government of Nepal
by a Notification published in the Nepal Gazette, and if the authority has
not been so specified, it means the Chief District Officer.
(c) "Management Committee" means the management committee constituted
pursuant to the statute of the Association.
(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the
Rules framed under this Act.
3. Prohibition on Establishment of Association Without Registration: No person
shall establish or cause to be established any Association without having it
registered pursuant to this Act.
4. Registration of Association: (1) Any seven or more than seven persons willing to
establish an Association shall have to submit to the Local Authority an application
setting out the following details on the Association, accompanied by one copy of
the Statute of the Association, and with the prescribed fee:-
(a) Name of the Association,
(b) Objectives,
(c) Name, address and occupation of the members of the
Management Committee,
(d) Financial sources,
(e) Address of the office.
(2) Upon receipt of the application referred to in Sub-section (1), the Local
Authority shall make necessary inquiry, and register the Association, if he/she
deems it appropriate to register the Association, and shall issue the certificate of
registration.
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(3) If the Local Authority makes a decision not to register the Association,
a notice of such decision shall have to be given to the applicant; and the applicant
may make a complaint to the Authority specified by Government of Nepal against
such decision within thirty five days of receipt of such a notice.
(4) Upon receipt of a complaint pursuant to Sub-section (3), the authority
specified by Government of Nepal may, if he/she deems reasonable to register
such Association upon making necessary inquiry, give an order to the Local
Authority to register the Association; and upon receipt of such an order, the Local
Authority shall have to register the Association.
(5) The format of the certificate, validity period, renewal and renewal fee to
be paid pursuant to this Section shall be as prescribed.
5. To Be a Corporate Body: (1) Each Association registered pursuant to this Act
shall be an autonomous body corporate with perpetual succession. The
Association shall have a separates seal of its own for all activities of the
Association.
(2) The Association may, like an individual, obtain, use and dispose of
movable and immovable property.
(3) The Association may sue by its own name and may be sued by the same
name as an individual.
6. Property of the Association: (1) If any person including the member or employee
of an Association misuses, possess or holds up any property of the Association
contrary to the statute of the Association, the Local Authority may obtain such
property from such person who has misused, possessed or held up it, and return it
to the Association.
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(2) A person who is not satisfied with the action taken by the Local
Authority to return the property of the Association pursuant to Sub-section (1)
may appeal to the ‽Court of Appeal.
(3) If any person including the member or employee of the Association
commits any crime or wrong against the property or document or reputation of the
Association, the Association, any member of the Association or the Local
Authority may institute a case pursuant to the prevailing laws.
7. Registration of Associations Established Previously Without Registration:
Even the Associations established previously without registration pursuant to the
then prevailing laws prior to the commencement of this Act shall also be required
to be registered pursuant to this Act within three months of the commencement of
this Act.
8. Alterations in Objectives of Association: (1) If it deems necessary to alter the
objectives of the Association or deems it appropriate to amalgamate the
Association with any other Association, the Management Committee of the
Association shall prepare a proposal therefor and shall have to call an
extraordinary general meeting pursuant to the statute of the Association to discuss
the proposal.
(2) If more than two-thirds members out of the total number of members
present at the extraordinary general meeting support the proposal, the proposal
shall be deemed to have been adopted by the extra-ordinary general meeting.
Provided that, in order to implement the said proposal, prior approval of the
Local Authority shall have to be taken.
‽ Amended by the Administration of Justice Act, 2048 ( 1991)
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9. Submission of Statements of Accounts: The Management Committee shall have
to submit each year the statements of accounts of its Association to the Local
Authority, along with the report of the auditor.
10. Examination of Accounts: (1) The Local Authority may, if it deems necessary,
cause the accounts of the Association to be examined by an officer appointed by
him/her.
(2) For the examination of the accounts pursuant to Sub-section (1), the
Local Authority may collect the fee in such a sum as may be determined by
him/her not exceeding three per cent of the balance of the Association as shown
upon the examination.
(3) It shall be the duty of the official, member and employee of the
Association to submit the statement and documents or to answer the questions
asked by the officer examining the accounts.
(4) The officer examining the accounts shall have to submit the report of
the examination to the Local Authority within the period as prescribed by the
Local Authority; and on the basis of such report, if the Local Authority deems that
any property of the Association is embezzled, destroyed or misused by any office-
bearer, member or employee of the Association, he/she may take action pursuant
to the prevailing laws to recover such loss or damage from such office- bearer,
member or employee.
Provided that, if a crime punishable under the prevailing laws is also
committed, he/she shall cause a case to be instituted in accordance with the
prevailing law.
11. Direction To Be Given: Government of Nepal may give necessary directions to
the Association, and it shall be the duty of the Association to follow such
directions.
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12. Punishment: If an Association is established without having it registered pursuant
to Section 3 or if an Association is operated without having it registered pursuant
to Section 7, the Local Authority may impose a fine of up to Two Thousand
Rupees on each member of the Management Committee of such an Association.
(2) If the statement of accounts is not submitted pursuant to Section 9, the
Local Authority may impose a fine of up to Five Hundred Rupees on each member
of the Management Committee.
Provided that, if a member produces a satisfactory evidence that he/she had
tried his/her best not to violate Section 9, such a member shall not be liable to
punishment.
(3) The Local Authority may impose a fine of up to Five Hundred Rupees
on the concerned office-bearer, member or employee of the Association who does
not submit such statement and documents or answer such questions as may be
required or asked by the concerned officer examining accounts pursuant to Sub-
section (3) of Section 10.
(4) If changes are made in the objectives of the Association or the
Association is amalgamated with another Association without obtaining approval
of the Local Authority pursuant to Section 8, or if the Association performs any
acts contrary to the objectives of the Association or fails to follow the directions
given by Government of Nepal, the Local Authority may suspend or terminate the
registration of such an Association.
(5) ...............
13. Appeal: An appeal may be made in the Court of Appeal within 35 days against
the final decision made by the Local Authority under Section 12.
Deleted by Some Nepal Acts Amendment Act, 2048 (1991). Amended by the Administration of Justice Act, 2048 (1991).
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14. Dissolution of Association and Consequences Thereof: If an Association is
dissolved due to its failure to carry out the functions pursuant to its Statute or for
any other reasons whatsoever, all the assets of such Association shall devolve on
Government of Nepal.
(2) In the case of the liabilities of the Association dissolved pursuant to
Sub-section (1), Government of Nepal shall bear such liability to the extent that
the assets of the Association cover.
15. Powers to Frame Rules: Government of Nepal may, in order to carry out the
objectives of this Act, frame the Rules.
16. Requirement of Registration or Establishment Pursuant to Other Nepal Law:
If any other Nepal Act contains separate provisions on registration and
establishment of any Association, notwithstanding anything contained in this Act,
such an Association shall have to be registered or established in accordance with
such Act.
17. Repeal and Saving: (1) The Association Registration Act, 2016 (1959) is, hereby,
repealed.
(2) The Association registered under the Association Registration Act, 2016
(1959) shall be deemed to have been registered under this Act.