Interpretation of Laws Act, 2010 (1954)


Published: 1954

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Interpretation of Laws Act, 2010 (1954)
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Interpretation of Laws Act, 2010(1954)

Date of Authentication Date of Publication
2010.10.7 2011.10.25(Feb.7, 1955)

Amendments Date of Authentication Date of Publication
1. Interpretation of laws (Amendment) Act, 2011 2011.12.1 2012.3.6
2. Some Nepal Acts (Amendment Rearrangement) Act, 2020 2020.11.16 202.11.16
3. Repeal and Amendment Act, 2022 2022.12.10
4. Some Nepal Acts Amendment Act, 2053 2053.8.12 2053.8.12
5. Some Nepal Laws Amendment Act, 2063 2063.6.28 2063.6.28
6. Some Nepal Acts Providing for Gender
equality Amendment Act, 2063 2063.7.17

An Act Providing for the Interpretation of Nepal Laws
[Preamble]⊕ :Whereas, it is expedient to provide for authentic definition of some
legal words and phrases.
Now, therefore, be it enacted and promulgated upon exercising the state
power and Royal Privileges by His Majesty the king
1. Short Title: This Act may be called "Interpretation of laws Act 2010"
2. Definitions: In this Act and other Acts prevailing in Nepal, unless the
subject or context otherwise requires;
(a) 'Act (act)' – "act" used with reference to an offence or a civil wrong
shall include a series of acts, and words which refer to acts does
extend also to illegal omissions.
(b) "Chapter" means a Chapter of the Act/Enactment in which the word
occurs.
⊕ The word 'Preamble' does appear in this Act.

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(c) "Commencement" used with reference to an Act/Enactment shall
mean the day on which the Act/Enactment comes into force.
(d) "Document" shall include any matter written, expressed or described
upon any substance by means of letters, figures, marks or by more
than one of those means which is intended to be used or which may be
used, for the purpose of recording that matter.
(e) "Act"/"Enactment" this expression shall mean an Act/Enactment or
sawal and any provision contained in any Act/Enactment or Sawal.
(f) "Father" in the case anyone permitted for adoption pursuant to the
law, shall include the adoptive father.
(g) Financial Year- shall mean the year commencing o the first day of
SHARAWAN.
(h) A thing shall be deemed to be "done in good faith" where it is in fact
done honestly, whether it is done negligently or not.∇(i) "Government of Nepal" means-
(a) His Majesty the King, who acted with the advice of the Ministers
when there existed a cabinet pursuant to the Interim Constitution
of Nepal; and with the advice of members of council of Ministers
when cabinet was not in existence in relation to functions
performed from the date of commencement of Interim
Constitution to Ashad 15, 2016 B.S.;
(b) His Majesty the King who acted in recommendation f the
cabinet or in recommendation of Minister so authorized by the
Prime Minister to act upon accordingly in any issue p rsuant to
the Constitution of the Kingdom of Nepal and by exercising the
other powers mentioned in the said constitution in the case when ∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020

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cabinet was not in existence, in relation to the functions
performed or to be performed from Ashad 16, 2016 B.S. to the
last day of Mansir 2019 B.S. ♥(c) His Majesty the King, who acted with the advice of the council of
Ministers pursuant to the Constitution of Nepal or upon excising
the powers mentioned in Article 81A of the said constitution in
the time of Emergency in relation to the functions performed or
to be performed from Poush 1, 2019 B.S. to Kartik 22, 2047. ♣(d) His Majesty the King and council of Ministers who exercised the
executive powers of the kingdom of Nepal pursuant to the
Constitution of the Kingdom of Nepal 2047 (1990). (e) The Council of Ministers who exercised the executive power of
Nepal pursuant to the Constitution of the Kingdom of Nepal
2047, Declaration of the House of Representatives, 2063 and the
prevailing laws for the acts done or to be done since 4th Jestha
2063.
∇ (j) Words mentioned in relation to His Majesty theKing –
(a) Regarding the functions performed before 16 Ashad 2016.
1. The Council of Regency Constituted pursuant to Council
of Regency Act 2010 (1954) and Council of Regency At
2011 (1955).
♥ Amended by the Some Nepal Acts Amendment Act, 2053 ♣ Amended by the Some Nepal Laws Amendment Act, 2063  Inserted by the Some Nepal Laws Amendment Act, 2063 ∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act, 2020

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2. The Crown prince who performed the functions upon
exercising the authority granted by His Majesty the king
on 7th Falgoon 2007 and Royal prorogating, and
3. Royal Representative appointed pursuant to Royal
Authority Delegation Act, 2012 (1956), and
(b) A person who exercised or who was authorized to exercise the
powers of His Majesty the king Pursuant to the Constitution of
the kingdom of Nepal regarding the functions performed or to
be performed from 16th Ashad 2016 to the last day of Mansir
2019. ♥ (c) Rajaya Sahayak or Rajaya sahayak Parisad pursuant to the
Constitution of Nepal or person or persons exercising authority
under Article 22 A of the said Constitution regarding functions
Performed or to be performed from 1st Poush 2019 B.S.
(Dec.16,1962) to 22nd Kartik, 2047 B.S.(Nov.8,1990) ∑(d) "The Rajya Sahayak or Rajya Sahayak Parisad pursuant to
Article 34 or Raj Pratinidhi or Raj Pratinidhi parishad pursuant
to Clause (2) of Article 32 of the Constitution of the Kingdom
of Nepal 2047 for the acts done or to be done since 23rd Kartik
2047.
(k) "Immovable Property" shall include land, benefits to arise out of land
and things attached to the earth or permanently fastened to anything
attached to the earth.
♥ Amended by the Some Nepal Acts Amendment Act, 2053 ∑ Inserted by the Some Nepal Acts Amendment Act, 2053

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∇ (l) "Nepal Act" means any Act promulgated by His Majesty the king
after Falgoon 7 of 2007 B.S. (Feb.18,1951), and any "Act" made in
accordance with the Interim Constitution, 2007, (195 ) Constitution
of Kingdom of Nepal, 2015 (1959) Constitution of Nepal 2019
(1962) Constitution of Kingdom of Nepal 2047 or Constitution of
Kingdom of Nepal, 2047 and Declaration of the House of
Representatives, 2063.
(m) "Nepal Law" shall means any Nepal Act or any Enactment, Sawal
Rules/Regulation, order or By-laws to be implemented as good as
laws in any part of Nepal.
(n) "Month" shall mean a month reckoned from Sankranti (First day)
according to the Nepalese Panchanga (Calendar).
(o) "Movable Property" shall mean property of every description except
immovable property.
(p) "Oath" shall include affirmation and declaration in the case of persons
by law allowed to affirm or declare instead of swearing.
(q) "Offence" shall mean any act or omission made punishable by any law
for the time being in force.
(r) "Part" shall mean a part of the Act/Enactment i which the word
occurs.
(s) "Person" shall include any company or association or body of
individuals, whether incorporated or not.
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020  Inserted by the Some Nepal Laws Amendment Act, 2063

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(t) "Prescribed" means prescribed in or as prescribed by the Rules framed
under any Act in case the expression "Prescribed" in be ng mentioned
in any 'Act'/'Enactment'.
(u) Rules/Regulation shall mean a Rule made in exercise of a power
conferred by an Act /Enactment, and shall include a by-law made as
good as rule/regulation made under any act/enactment.
(v) Schedule" shall mean a schedule to the Act /Enactment in which word
occurs.
(w) "Section" shall mean a Section of the Act/Enactment in which the
word occurs.
(x) "Sign" with its grammatical variations and cognate expression, shall,
with reference to a person who is unable to write his/her name,
include 'finger print' (mark) with its grammatical variations and
cognate expressions.
(y) "son" shall include an adopted son in the case of anyone who is
permitted for adoption. (y1) "Daughter" shall include an adopted daughter in the case of anyone
who is permitted for adoption.
(z) "Sub-section" shall mean a Sub-section of the Section in which the
word occurs.
(aa) "Will" shall include a codicil and every writing making a voluntary
posthumous disposition of property.
(ab) "Writing" shall be construed as including refences to printing,
lithography, photography and other modes of representing or
reproducing words in a visible form.
 Inserted by the Some Nepal Laws Amendment Act, 2063

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(ac) "Year" shall mean a year reckoned according to the Nepalese
Panchanga (Calendar) that is which starts from Sankrati (First day) of
Baisakh.
3. Regarding , the date of commencement of the Act: In case the date of
commencement is not mentioned in any Act/Enactment, it shall be as
followings:
(a) From the Date of Approval of His Majesty the king regarding the
Act/Enactment made pursuant to the Interim Constitution of Nepal
2007.
(b) From the date of Authentication by His Majesty the King in case of
other Nepal Acts/Enactments upto 3rd Jestha 2063 B.S.
...........................  (c) From the Date of authentication by the speaker of the House of
Representatives in relation to the Acts//Enactments made after 4th
Jestha 2063.
Provided that, No one shall be punished for any Commission or
ommission of any punishable act committed or omitted before the
publication of those Acts/Enactments in the Nepal Gzette.
4. Effect of Real: Where any Nepal Act repeals any enactment hitherto made
or hereafter to be made, then, unless a different intention appears, the repeal
shall not-
(a) revive anything not in force or existing at the time at which the repeal
takes effect;
 Inserted by the Some Nepal Laws Amendment Act, 2063 Deleted by the Some Nepal Laws Amendment Act, 2063  Inserted by the Some Nepal Laws Amendment Act, 2063

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(b) affect the previous operation of any Act/Enactment so repealed or
anything duly done or suffered thereunder; or
(c) Affect any right, privilege obligation or liability acquired accrued or
incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against any Act/ Enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege obligation. liability, penalty forfeiture or
punishment as aforesaid; and any such investigation, legal proceeding
or remedy may be instituted, continued or enforced, and any such
penalty, forfeiture or punishment may be imposed of if the repealing
Act/ Enactment had not been passed.

5. Repeal of Act making textual amendment in Act or Rules/Regulation/
bye laws : Where any Act repeals any enactment by which the text of any Act
or Rules/Regulation/bye law was amended by the express omission, insertion
or substitution of any matter, then unless a different intention appears the
repeal shall not affect the continuance of any such amendment made by the
enactment so repealed and in operation at the time of such repeal.
6. Revival of Repealed Enactments : For the purpose of reviving, either
wholly or partially, any enactment wholly or parti ally repealed, expressly to
state that purpose.
7. Construction of References to Repealed Enactments :Where this Act or
any other Nepal Act repeals and re-enacts, with or without modification, any
provision of a former enactment, then references in any other enactment or in
any instrument to the provision so repealed shall, unless a different intention
appears, be construed as references to the provision so re-enacted.

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8. Commencement and Termination of Time : In any Nepal Act, it shall be
sufficient, for the purpose of excluding the first in a series of days or any
other period of time, to use the word “from”, and, for the purpose of
including the last in the series of days or any other period of time, to use the
word .

9. Reckoning of Time : Where by any Nepal Act, any act or proceeding is
directed or allowed to be done or taken in any court or office on a certain day
or within on prescribed period, then, if the court or office is closed on that
day or the last day of the prescribed period, the act or proceeding shall be
considered as done or taken in due time, if it is done or taken ∑on the first day
afterwards on which the court or office in open.
10. Measurement of Distance : In the measurement of any distance, for the
purpose of any Act, unless a different intention appears, be measured in
a straight line on a horizontal plane.
11. Duty to be Taken prorata in enactments : Where, by any enactment now
in force or hereafter to be in force, any duty, excise, or tax in the nature
thereof, is leviable on any given quantity, by weight, measure or value of any
goods or merchandise, then a like duty is leviable according to the same rate
on any greater or less quantity.
12. Gender and Number : In all Nepal Acts, unless there is anything repugnant
in the subject or context-
1) Words importing the masculine gender shall be taken to include the
females,
2) Words in the singular shall include the plural, and vice versa.
13. Binding to the Government of Nepal: Any Act of Nepal :
∑ Inserted by the Some Nepal Acts Amendment Act, 2053

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(a) .....
(b) Shall not be construed imposing any tax, liability or burden to the
Government of Nepal unless it is so mentioned expressly.
14. Powers conferred to be Exercisable from Time to Time: Where, by any
Nepal Act, any power is conferred, then, unless a different intention appears,
that power may be exercised a from time to time as occasion requires.
15. Power to appoint to include power to appoint ex-officio: Where, by any
Nepal Act, a power to appoint any person to fill any office or exercise any
function is conferred, then, unless it is otherwise xpressly provided, any such
appointment, if it is made after the commencement of this Act may be made
either by name or by virtue of office.
16. Power to Appoint to include power to suspend or Dismiss : Where, by
any Nepal Act, a power to make any appointment is conferred in any post or
for any task, then, unless a different intention apears, the authority having,
for the time being, power to make the appointment shall also have power to
suspend or dismiss any person, whether by itself or, or any other authority in
exercise of that power. 16A. Power to do maximum penalty include remission: Where, by any
Nepal Act, a power to move an action or to do any penalty is conferred to any
Authority, then, unless a different intention appears or it is otherwise
expressly provided, such Authority shall have power to move for soft action
or to do less penalty.
17. Substitution of Functionaries : In any Nepal Act, it shall be sufficient, for
the purpose of indicating the application of a law to every person or number
of persons for the time being executing the functions of an office, to mention
Deleted by the Some Nepal Laws Amendment Act, 2063  Inserted by the Some Nepal Laws Amendment Act, 2063

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the official title of the officer at present executing the functionaries, or that of
the officer by whom the functions are commonly executed.
18. Successors : In any Nepal Act, it shall be sufficient for the purpose of
indicating the relation of a law to the successors of any functionaries or of
corporations having perpetual succession, to express its relation to the
functionaries or corporations.
19. Subordinates Under the Official Chief : In any Nepal Act, it shall be
sufficient, for the purpose of expressing that a law relative to the chief or
superior of an official shall apply to the deputies or subordinates lawfully
performing the duties of that office, in the place of their superior, to prescribe
the duty of the superior.
20. Construction of Notification (orders) etc. issued under Enactments:
Where, by any Nepal Act, a power to issue any Notification, order, Scheme,
Rule, form or by-law is conferred, then expressions used in the notification
order, scheme, Rule, form or by-law, if it is made after the commencement of
this Act, Shall, unless there is anything repugnant in the subject or context,
have the same respective meanings an in the Act or bye-laws conferring the
power.
21. Power to Issue, to Include power to add to, amend, vary or rescind
Notifications, orders, Rules or by-laws: Where, any Nepal Act, a power to
issue any notifications, orders, Rules or by-laws is conferred, then that power
includes a power, exercisable in the like manner and subject to the like
sanction and conditions, if any, to add to, amend, vary or rescind any
Notification, Orders, Rules or By-laws so issued.
22. Making of Rules or By-laws and Issuing of Orders between passing and
commencement of Enactment : Where, any Nepal Act, which is not to come
into force immediately ♣on the passing thereof, a power is conferred to make
♣ Amended by the Some Nepal Laws Amendment Act, 2063

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Rules or By-laws, or to issue orders with respect to the application of the Act
or with respect to the establishment of ♣any court or office or the
appointment of any judge or officer thereunder, or with respect to the person
by whom, or the time when, or the place where, or the manner in which or
the fees for which, anything is to be done under the Act, then that power may
be exercised at any time after the passing or the Act or Regulation, but Rules,
By-laws or orders so made or issued shall not take effect till the
commencement of the Act.
23. Provisions applicable to making of Rules or By-laws after Previous
publication : Where, by any Nepal Act, a power to make Rules or by-laws is
expressed to be given subject to the condition of the Rules or By-laws being
made after previous publication, then the following provisions shall apply,
namely,
1. The authority having power to make the Rules or By-laws Shall, before
making them, publish a draft of the proposed Rules or by-laws for the
information of persons likely to be affected thereby;
2. The publication shall be made in such manner as that authority deems to
be sufficient, or if the condition with respect to previous publication so
requires, in such manner as the Government of Nepal prescribes;
3. There shall be published with the draft a notice specifying a date on or
after which the draft will be taken into considerations;
4. The authority having power to make the Rules or By-laws, and where the
Rules or By-Rules are to be made with the sanction, approval or
concurrence of another authority, that authority also, shall consider any
objection or suggestion which may be received by the authority having
power to make Rules or By-laws from any person with respect to the draft
before the date so specified;
♣ Amended by the Some Nepal Laws Amendment Act, 2063

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5. The Publication in the official Gazette of a Rules or by-laws purporting to
have been made in exercise of a power to make Rules or By-laws after
previous publication shall be conclusive proof that he Rule or By-law has
been duly made.
24. Continuation of Orders etc, issued under Enactments repealed and re-
enacted : Where any Nepal Act, after the Commencement of this Act,
repealed and re-enacted with or without modification, then , it is otherwise
expressly provided, any appointment, notification, order, scheme, Rule, form
or By-laws made or issued under the repealed Act or Regulation shall, so far
as it is not inconsistent with the provisions re-enacted, confine in face, and be
deemed to have been made or issued under the provisions so re-enacted,
unless and until it is superseded by any appointment, notification, order,
scheme, rule, form or Bye-law made or issued under the provisions so re-
enacted.
25. Provision as to offences Punishable under two or more enactments :
Where an act or Omission Constitutes an offence under two or more
enactment then the offender shall be liable to be prosecuted and punished
under either or any of those enactments, but shall not be liable to be
published twice for the same offence.
26. Meaning of Service by post: Where any Nepal Act, authorizes or requires
any document to be served by post, whether the expression "serve" or either
of the expressions "give" or "send" or any other expression is used, then,
unless a different intention appears, the service shall be deemed to be effected
by properly addressing, pre-paying and posting by registered post, a letter
containing the documents, and unless the contrary is proved, to have been
effected at the time at which the letter would be delivered in the ordinary
course of post.

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27. Citation of Enactments : (1) In any Nepal Act or Rule/ Regulations, any By-
law Instrument or document made under or with reference to, any such Act
or Rule/ Regulation, any enactment may be cited by reference to the title or
short title by any, conferred thereon or by reference to the number and year
thereof and any provision in an Enactment may be cited by reference to the
Section or Sub-section of the enactment in which the provision is contained.
(2) In this Act and in any Nepal Act, a description or citation of a
portion of another enactment shall, unless a different intention appears, be
construed as including the word, section or other part mentioned or referred
to as terming the beginning and as forming the end of the portion comprised
in the description or citation.
28. Interpretation of the previous Acts :
(1) The words Shree 3 Maharaj, Mukhtihar or Talukwlala mentioned in
laws made before 7thFalgoon, 2007 BS (Feb.18, 1951) shall mean to the
Government of Nepal regarding to any act done or to be done, after 7th
Falgoon, 2007 B.S.  (1a) The words “His Majesty’s Government” used in Nepal Laws,
treaty or agreement to which Nepal is a party or any other acts done
from 7th Falgoon 2007 BS. To 3rd Jestha 2063 shall denote to the
“Government of Nepal” after 4th Jestha 2063 BS.
(2) Unless the subject or context does not require to act otherwise, section
9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, of this Act shall apply in
the construction of the laws made before 7th Falgoon, 2007 B.S.

 Inserted by the Some Nepal Laws Amendment Act, 2063