International Centre for Integrated Mountain Development Act, 2040 (1983)


Published: 1983

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International Center for Integrated Mountain Development Act, 2040
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International Centre for Integrated Mountain
Development Act, 2040 (1983)
Date of authentication and publication
2040-6-24 (10 August 1983)
Amendment
Republic Strengthening and Some Nepal Laws
Amendment Act, 2066, 20101 2066-10-7 (21 Jan. 2010)
Act Number 9 of the Year 2040 (1983)
An Act made to provide for provisions on International Centre for
Integrated Mountain Development
Preamble: Whereas, an International Centre has been established in Nepal as per
the agreement made between the Government of Nepal and United Nations
Educational, Scientific and Cultural organization (UNESCO) to carry out study,
research and other necessary function in order to develop the mountain area of
Hindukush Himalayan regions in an integrated manner, it is therefor expedient to
provide for legal provisions to make the said Centre competent for performing
functions as fully autonomous institution in international level; and
Whereas, it is expedient to provide for legal provisions on diplomatic
immunities and privileges granted by the said agreement to the centre and its
employees, representatives and experts;
Now, therefore, be it enacted by His Majesty the king Birendra Bir Bikram
Shah Dev on the advice and with the consent of Rastriya Panchayat.
1. Short Title and Commencement: (1) This Act may be called
"International Centre for Integrated Mountain Development Act, 2040
(1983)". 1 This Act came into force on 15 Jeshta 2065 (2008), Prasasti and the word "kingdom" has been
deleted.

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(2) This Act shall come into force immediately.
2. Definition: Unless the subject or context otherwise requires, n the Act;
(a) "Centre" means International Centre for Integrated Mountain
Development established in Nepal as per the agreement ade
between the Government of Nepal and United Nations Educational,
Scientific and Cultural Organization (UNESCO).
(b) "Agreement" means the agreement made between the Government
of Nepal and UNESCO on 30th September 1981 at the Paris.
(c) "Board" means the Board of Governors constituted in order to
operate the Centre.
(d) "Director" means the Director of the Centre.
(e) Employee" means Director, Deputy-director, employee, expert,
advisor and consultant of the Centre.
3. Centre shall be an autonomous body: (1) The Centre shall be
corporate and fully autonomous body with perpetual succession having
international personality. The Centre shall not be dir cted (guided) by any
government or institution other than the Board.
(2) The Centre shall have its own seal and it shall be entitled to enter
into an agreement and it may sue or be sued from its own name.
(3) The Centre may acquire any movable and immovable property,
entitlement, servitude, privilege or aid from the Government of Nepal or a
foreign Government or government agency or a nationl, an international or
a foreign agency, company, corporation or person through donation,
charity, grant, will paper, substitution deed, sale, purchase, mortgage, lease
or by any other manner or possess or hold such property or may keep such
property under mortgage or rent or sell or donate.

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(4) The Centre shall be operated without the object of gaining profit
and shall be free from politics in respect of its management, employee
recruitment and working operation.
4. Functions, duties and powers of the Centre: Not withstanding
anything contained in the prevailing law, liabilities of the Centre shall be
governed as per the agreement and the Statute contained in the said
agreement.
5. Venue of office: (1) Office of the Centre shall be located in Kathmandu
Valley or in any place of Nepal as per the decision of the Centre.
(2) The Government of Nepal shall provide a suitable uilding for
the Centre in case the Centre bears the expenditure for the establishment of
its office.
(3) In case the Centre decides to construct its ownbuilding, the
Government of Nepal shall provide One and half Hector land in free of cost
in a suitable place for the construction of building.
(4) The Government of Nepal shall manage for required electricity,
water, telephone, telegram, road, drainage and other basic facilities in the
building or land provided pursuant to Sub-section (2) or (3) by the
Government of Nepal
(5) Office building and land of the Centre shall be used only for
carrying the objectives of the Centre.
(6) The total responsibility in respect of the maintenance as well as
protection of the office building of the Centre and its facility and equipment
shall lie in the Centre only.
6. Inviolability of office building, premises and property of the
centre: (1) The office building, premises and the property of the Centre
shall be inviolable.

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(2) It shall be the obligation of the Government of Nepal to provide
security against any encroachment or damage of office building, premises
and property of the Centre and to prevent any act which may jeopardize the
law and order situation thereof.
7. Protection of the property of the Centre: (1) The Government of
Nepal shall protect the property of the Centre throughout Nepal from any
search, seizure, takeover, requisition, encroachment, interference and loss
in any manner by any one.
8. Inviolability of archives and instrument (document): (1) The
archives and all types of document of the Centre whrever may have been
located within Nepal shall be inviolable.
(2) The formal correspondence, document and publication of the
centre shall be freed from censorship and such document as well as any
other postal goods, or sealed pouch, box and Adat of the Centre shall not be
opened or prevented.
Provided that, in case any goods other than the document of the
Centre is contained in such sealed pouch or Adat, it shall be governed in
accordance with the law of Nepal.
9. Exemption from tax: The capital, income and assets of the Centre shall
be exempted from income tax, house and land tax, land revenue, transport
vehicle tax, interest tax, development tax, registration fee and any other
direct or indirect tax, charge or tariff imposed by the government or local
body.
Provided that, service charge to be imposed on electricity, water,
drainage , telephone, telegram, transport, postal and any other services shall
not be exempted.

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10. Facility relating to export and import: No custom tariff, sales tax,
charge or restriction related to export and import shall be imposed on any
goods to be exported and imported for the use of the Centre itself.
Provided that, the particulars of goods exported or imported by the
Centre shall be submitted to the custom office.
11. Tax return: The Centre shall not be entitled to claim return back of the
excise duty which is indirectly included in goods purchased by the Centre
or custom tariff imposed for import and the amount of sales tax.
12. Facility related to foreign currency: (1) Notwithstanding anything
contained in the prevailing law, the Centre may maintain and operate a fund
and account of foreign currency within Nepal or in any foreign country and
may transfer or exchange such fund within or outside Nepal or from a
country to another country or may convert from one foreign currency to
another currency.
(2) The procedures to be followed by the Centre while consuming
facilities granted pursuant to sub-section (1) shall be as determined by the
mutual negotiation between the Government of Nepal and the Centre.
13. Immunity of foreign representative or expert: (1) The following
representatives or persons who come to Nepal for participating in a
conference or meeting of the Centre or are deputed in Nepal to carry out
any act and activity of the Centre shall be entitl d to exercise diplomatic
privileges and immunities in accordance with the United Nations
Conventions on diplomatic Immunities and privileges of UN specialized
agencies, passed by UN on 21 December in 1947 in which Nepal became
a party on 28 September in 1965 while arriving andresiding in Nepal and
in the course of departure from Nepal ;
(a) Representative, staffs or experts of UNESCO; and

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(b) The representatives of a foreign government or a
foreign institution who is invited by the Board member
or the Centre.
(2) The Gratis Visa shall be provided to the representatives or
persons mentioned in Sub-section (4) to enter into Nepal.
14. Privileges and immunities of officials and employees of Centre: (1)
Government of Nepal shall, as per respective diplomatic class and the
prevailing law, provide diplomatic privileges and immunities to the
members of Board, Director, Deputy-director of the C ntre when they are
staying in Nepal in the course of carrying out the acts and activities of the
Centre.
(2) The Government of Nepal shall provide diplomatic privileges
and immunities to the employees of the Centre when t y are in Nepal in
the course of discharging their duty related to the Centre as per the United
Nations Conventions on diplomatic immunities and privileges of UN
specialized agencies which was passed on 21th November in 1947 and
Nepal has become a party on 28 September in 1965.
(3) The Government of Nepal shall, on the request of Centre,
provide immunities and privileges pursuant to this section.
(4) The Centre shall submit the details of name, designation,
nationality as well as the job nature of the person eligible to acquire
privileges and immunities pursuant to this Act and modification thereof, if
any, to the Ministry of Foreign Affairs of Nepal.
(5) The concerned person shall, as per necessary, show his/her
identity card issued by the Centre to acquire the privileges and immunities
pursuant to this Section.
(6) This Section shall not be deemed to have caused any hindrance
to the Government of Nepal, if it deems necessary, fo providing additional

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privileges and immunities more than the privileges and immunities as
mentioned in this Section.
(7) Notwithstanding anything contained in this section, no privilege
pursuant to this section shall be provided to a citizen of Nepal.
15. Sale of goods of the Centre: (1) In case the Centre sells any goods or
transfers such goods free of cost for which custom tariff, sales tax, charge
or excise duty was exempted or refunded, the Centre shall pay such custom
tariff, tax, charge or excise duty, as the case maybe, to the Government of
Nepal as per the prevailing rate based on the current value of such goods.
(2) Among the goods imported by the Centre pursuant to Section 10,
in case the Centre decides to sell the prohibited or restricted goods which is
not necessary for the Centre, it may sell or transfer uch goods only to the
Government of Nepal or to any other person approved by the Government
of Nepal.
16. Liability related to Damage/loss: (1) The Centre and any employee
shall not be liable to any loss or damage incurred in the course of
discharging one’s function and duties.
Provided that, a person, suffered from any loss or injury from any
act or activity of any employee which was carried out by negligence or with
intention, may submit his/her claim to Centre through the Government of
Nepal.
(2) In case a person suffered from a particular type of loss or damage
from the act or activity of the Centre while discharging its duty, the Centre
shall carry out necessary arrangement to provide reasonable compensation
for such loss or damage to the person.
(3) The Centre shall, with consultation of the Government of Nepal,
provide compensation to be given pursuant to Sub-section (2), through
insurance company or any other manner.

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17. Ban on asylum: Notwithstanding anything contained in this Act, the
Centre shall not be entitled to provide asylum, within its office building or
premises to any one to be arrested by the law of Nepal or to be extradited to
any other country or a person seeking to avoid the legal and judicial
proceeding against him/her.
18. No abuse of the privilege and immunities: (1) Privileges and
immunities granted pursuant to this Act shall be dem d to have been
granted only in the interest of the Centre. It shall be the duty of the Director
to prevent from any abuse of such privilege and immunity.
(2) In case the Government of Nepal considers that any privilege or
immunity granted pursuant to this Act has been abused, it shall give a
notification in writing thereof to the Centre.
(3) Upon receiving the notification pursuant to Sub-section (2), the
Director shall hold discussion with the concerned authority of the
Government of Nepal and shall give information in writing to the
Government of Nepal that necessary action was carried out in this regard.
19. Dissolution: In case the Centre is dissolved, entire property and liability of
the Centre shall be as mentioned in an agreement made between the
Government of Nepal and the Centre in this regard.
20. Liaison with the Government of Nepal: (1) The Centre shall liaise
with the Government of Nepal through the Ministry of Education and
Culture.