Aircrafts 1Aircrafts refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Border Areas 1Border Areas refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Border People 1Border People refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Boundary 1Boundary refers to the demarcation separating the territories, including water territories of Nepal and China and the vertical plane along the line demarcating the ground and the airspace. "Boundary" and "Boundary Line" have the same meaning. 2. “Delimitation Documents” refer to the legal documents delimitating boundary between Nepal and China including boundary treaty, protocols, and other agreed documents annexed to them. 3. "Demarcation Documents" refer to the demarcation protocols signed by both sides after the boundary was demarcated. 4. "Joint Inspection Documents" refer to the related protocols as supplemented demarcation documents, signed after the joint inspections of the boundary. 5. " Boundary Markers" refer to the markers set upon the boundary line or on either side of the boundary line marking the boundary alignment on the spot and the geographical co- ordinates of which are determined and recorded in the demarcation documents or joint inspection documents, including fundamental boundary markersand auxiliary (additional) boundary markers. 6. "Border Areas" refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Boundary Incidents 1Boundary Incidents refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Boundary Markers 1Boundary Markers refer to the markers set upon the boundary line or on either side of the boundary line marking the boundary alignment on the spot and the geographical co- ordinates of which are determined and recorded in the demarcation documents or joint inspection documents, including fundamental boundary markersand auxiliary (additional) boundary markers. 6. "Border Areas" refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Boundary Representatives 1Boundary Representatives refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Competent Authority(ies) 1Competent Authority(ies) refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Cross- border Facilities 1Cross- border Facilities refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Cross- border Waters 1Cross- border Waters refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Delimitation Documents 1Delimitation Documents refer to the legal documents delimitating boundary between Nepal and China including boundary treaty, protocols, and other agreed documents annexed to them. 3. "Demarcation Documents" refer to the demarcation protocols signed by both sides after the boundary was demarcated. 4. "Joint Inspection Documents" refer to the related protocols as supplemented demarcation documents, signed after the joint inspections of the boundary. 5. " Boundary Markers" refer to the markers set upon the boundary line or on either side of the boundary line marking the boundary alignment on the spot and the geographical co- ordinates of which are determined and recorded in the demarcation documents or joint inspection documents, including fundamental boundary markersand auxiliary (additional) boundary markers. 6. "Border Areas" refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Demarcation Documents 1Demarcation Documents refer to the demarcation protocols signed by both sides after the boundary was demarcated. 4. "Joint Inspection Documents" refer to the related protocols as supplemented demarcation documents, signed after the joint inspections of the boundary. 5. " Boundary Markers" refer to the markers set upon the boundary line or on either side of the boundary line marking the boundary alignment on the spot and the geographical co- ordinates of which are determined and recorded in the demarcation documents or joint inspection documents, including fundamental boundary markersand auxiliary (additional) boundary markers. 6. "Border Areas" refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Force Majeure Event 1Force Majeure Event means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Joint Inspection Documents 1Joint Inspection Documents refer to the related protocols as supplemented demarcation documents, signed after the joint inspections of the boundary. 5. " Boundary Markers" refer to the markers set upon the boundary line or on either side of the boundary line marking the boundary alignment on the spot and the geographical co- ordinates of which are determined and recorded in the demarcation documents or joint inspection documents, including fundamental boundary markersand auxiliary (additional) boundary markers. 6. "Border Areas" refer to the county\district level administrative areas adjoining the Nepal- China boundary line. 7. "Border People” refer to the citizens of the two countries who reside permanently in border areas. 8. "Competent Authority(ies)" refer to the institutions which are established by the respective laws of both sides to resolve related problems according to this Agreement. 9. "Boundary Representatives" refer to the personnel appointed by both sides according to their own laws and this Agreement and responsible for the maintenance of order at certain boundary sections and timely dealing with boundary incidents. 10. "Boundary Incidents" refer to the actions that occur in the border and directly adjacent areas, and violate this Agreement or other related bilateral boundary Agreements and laws of both sides, causing damage or having impacton the other side. 11. "Persons crossing border illegally”" refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
Persons crossing border illegally 1Persons crossing border illegally refer to the individuals who violate the domestic laws of either side, the regulations of relevant international treaties signed by both sides or in which both sides are involved, enter the other side’s border from one side’s through unauthorized ports, channels or without legal and valid documents. 12. "Cross- border Waters" refer to the rivers located at the boundary line or other water bodies which are passed through the boundary line. 13. "Cross- border Facilities" refer to the railways, highways, oil and gas pipelines, transmission lines, electric cables, optical cables, bridges, culverts, dams, water gates and any other artificial installations. 14. "Aircrafts" refer to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of air against the earth’s surface including aeroplanes, helicopters, ultra-light aircrafts, gliders, airships, Unmanned Aerial System (UAS)and balloons. 15. "Force Majeure Event" means the occurrence of any circumstance, event of condition (or any combination thereof), or the effects thereof, beyond the reasonable control of the affected party, including but not limited to: a) flood, fire, drought, earthquake or other natural disaster, b) epidemic or pandemic c) terroristattack, civil war, war, armed conflict, embargo, blockade, imposition of trade sanctions; d) politically motivated and instigated strike occurring in the border areas for a continuous period of forty-eight(48) hours e) nuclear, chemical or biological contamination f) air crash, shipwreck, train wreck g) geological surprises ARTICLE 2 CHAPTER 2
åयवèथापक 1åयवèथापक भǏाले सहकारȣ संèथाको åयवèथापक स’झनु पछ´ र सो शÞदले महाĤब=धक वा Ĥमख कायक ारȣ अिधकृ तलाई समेत जनाउँछ । (ङ) “संèथागत पूज ी” भǏाले संèथा वा संघको पिछãलो आिथक वषक ो जगेडा कोष, घाटा पूित´ कोष र अ=य कोषको रकम स’झनु पछ´ । (च) “रिजƶार अिधकारȣ ” भǏाले सदूरपिƱम Ĥदेश सहकारȣ ऐन, २०७५ को दफा ७५ मा तोǒकए बमोजम सहकारȣ संèथाको दता िनयमन लगायतका कायह 5 स’पादन गन` Ĥदेश सरकारले िनयƠ गरेको राजपğांǒकत ǑƮतीय Įणे ी वा सो सरहको अिधकृ त कमचारȣ स’झनु पछ´ । पǐर:छेद-२ संèथा गठन, दता´ तथा सʶालन ३. ǒविशǒƴकृ त सहकारȣ संघ गठनको शत´ तथा सोको सʶालन: (1) ǒविशǒƴकृ त सहकारȣ संघ गठन गदा´ देहायका शतह 5 पूरा भएको हन ु पन`छ :- (क) आवेदक संèथाह5को संयƠ शेयर पूज ी क’तीमा दश करोड 5पैयाँ हन पन`‚ (ख) आवेदक संèथाह5को संयƠ संèथागत पूज ी क’तीमा दई करोड 5पैयाँ हन पन`‚ (ग) आवेदक संèथाह5ले खǐरद गरेको संघको शेयर पूजी क’तीमा एक करोड 5पैया हनपन`‚ र (घ) आवेदक संèथाह5 घाटामा गएको हन नहने । (2) उपिनयम (1) को खÖड (ग) बमोिजम आवेदक संèथाले खǐरद गन` शेयरको रकम संèथाको Ĥाथिमक पूज ी कोष र बचतको अनप ात क’तीमा एक बराबर प=Ģ कायम गरȣ जगेडा कोष र शेयर पूजीबाट माğ खǐरद गन´ु पन`छ । (३) ǒविशƴीकृ त सहकारȣ संघको सʶालन ĤǒWया देहाय बमोिजम हनछ :- (क) जन उƧेæयका लािग सो सहकारȣ संघ गठन भएको हो सोहȣ काय´ माğ गनप´ न` , (ख) ǒविशƴीकृ त सहकारȣ संघको कारोवार, åयवसाय, उ4ोग वा पǐरयोजना सʶालन गनप´ वू ´ Ĥचिलत कानून बमोिजम अनम ित, èवीकृ ित वा इजाजत िलनप न` भए िलएर माğ सʶालन गनप´ न` । (४) ǒविशƴीकृ त सहकारȣ संघ गठन गदा´ èव-रोजगारȣ तथा मूãय शTखलामा योगदान प≤ु याउने गरȣ वèतको सʶय‚ Ĥसोधन‚ बजारȣकरण र िनयात´ मलू क काय´ ǒवशषे का आधारमा समते गठन गन´ सǒकनेछ । ४.
ऐन 1ऐन भǏाले सदूरपिƱम Ĥदेशको सहकारȣ ऐन‚ २०७५ स’झनु पछ´ । (ख) "कजा´" भǏाले चल अचल स’पिƣ िधतो‚ ब=धक वा अ=य आवæयक सरु ¢ण वा जमानत िलई वा निलई सहकारȣ संèथाले सदèयलाई Ǒदएको कजा र हजान´ ा रकम स’झनु पछ´ । ो साँवा‚ åयाज (ग) “ǒविशǒƴकृ त सहकारȣ संघ” भǏाले ऐनको दफा ८ बमोिजम गठन हन सहकारȣ संघ स’झनु पछ´ । े ǒविशǒƴकृ त (घ) "åयवèथापक" भǏाले सहकारȣ संèथाको åयवèथापक स’झनु पछ´ र सो शÞदले महाĤब=धक वा Ĥमख कायक ारȣ अिधकृ तलाई समेत जनाउँछ । (ङ) “संèथागत पूज ी” भǏाले संèथा वा संघको पिछãलो आिथक वषक ो जगेडा कोष, घाटा पूित´ कोष र अ=य कोषको रकम स’झनु पछ´ । (च) “रिजƶार अिधकारȣ ” भǏाले सदूरपिƱम Ĥदेश सहकारȣ ऐन, २०७५ को दफा ७५ मा तोǒकए बमोजम सहकारȣ संèथाको दता िनयमन लगायतका कायह 5 स’पादन गन` Ĥदेश सरकारले िनयƠ गरेको राजपğांǒकत ǑƮतीय Įणे ी वा सो सरहको अिधकृ त कमचारȣ स’झनु पछ´ । पǐर:छेद-२ संèथा गठन, दता´ तथा सʶालन ३. ǒविशǒƴकृ त सहकारȣ संघ गठनको शत´ तथा सोको सʶालन: (1) ǒविशǒƴकृ त सहकारȣ संघ गठन गदा´ देहायका शतह 5 पूरा भएको हन ु पन`छ :- (क) आवेदक संèथाह5को संयƠ शेयर पूज ी क’तीमा दश करोड 5पैयाँ हन पन`‚ (ख) आवेदक संèथाह5को संयƠ संèथागत पूज ी क’तीमा दई करोड 5पैयाँ हन पन`‚ (ग) आवेदक संèथाह5ले खǐरद गरेको संघको शेयर पूजी क’तीमा एक करोड 5पैया हनपन`‚ र (घ) आवेदक संèथाह5 घाटामा गएको हन नहने । (2) उपिनयम (1) को खÖड (ग) बमोिजम आवेदक संèथाले खǐरद गन` शेयरको रकम संèथाको Ĥाथिमक पूज ी कोष र बचतको अनप ात क’तीमा एक बराबर प=Ģ कायम गरȣ जगेडा कोष र शेयर पूजीबाट माğ खǐरद गन´ु पन`छ । (३) ǒविशƴीकृ त सहकारȣ संघको सʶालन ĤǒWया देहाय बमोिजम हनछ :- (क) जन उƧेæयका लािग सो सहकारȣ संघ गठन भएको हो सोहȣ काय´ माğ गनप´ न` , (ख) ǒविशƴीकृ त सहकारȣ संघको कारोवार, åयवसाय, उ4ोग वा पǐरयोजना सʶालन गनप´ वू ´ Ĥचिलत कानून बमोिजम अनम ित, èवीकृ ित वा इजाजत िलनप न` भए िलएर माğ सʶालन गनप´ न` । (४) ǒविशƴीकृ त सहकारȣ संघ गठन गदा´ èव-रोजगारȣ तथा मूãय शTखलामा योगदान प≤ु याउने गरȣ वèतको सʶय‚ Ĥसोधन‚ बजारȣकरण र िनयात´ मलू क काय´ ǒवशषे का आधारमा समते गठन गन´ सǒकनेछ । ४.
कजा´ 1कजा´ भǏाले चल अचल स’पिƣ िधतो‚ ब=धक वा अ=य आवæयक सरु ¢ण वा जमानत िलई वा निलई सहकारȣ संèथाले सदèयलाई Ǒदएको कजा र हजान´ ा रकम स’झनु पछ´ । ो साँवा‚ åयाज (ग) “ǒविशǒƴकृ त सहकारȣ संघ” भǏाले ऐनको दफा ८ बमोिजम गठन हन सहकारȣ संघ स’झनु पछ´ । े ǒविशǒƴकृ त (घ) "åयवèथापक" भǏाले सहकारȣ संèथाको åयवèथापक स’झनु पछ´ र सो शÞदले महाĤब=धक वा Ĥमख कायक ारȣ अिधकृ तलाई समेत जनाउँछ । (ङ) “संèथागत पूज ी” भǏाले संèथा वा संघको पिछãलो आिथक वषक ो जगेडा कोष, घाटा पूित´ कोष र अ=य कोषको रकम स’झनु पछ´ । (च) “रिजƶार अिधकारȣ ” भǏाले सदूरपिƱम Ĥदेश सहकारȣ ऐन, २०७५ को दफा ७५ मा तोǒकए बमोजम सहकारȣ संèथाको दता िनयमन लगायतका कायह 5 स’पादन गन` Ĥदेश सरकारले िनयƠ गरेको राजपğांǒकत ǑƮतीय Įणे ी वा सो सरहको अिधकृ त कमचारȣ स’झनु पछ´ । पǐर:छेद-२ संèथा गठन, दता´ तथा सʶालन ३. ǒविशǒƴकृ त सहकारȣ संघ गठनको शत´ तथा सोको सʶालन: (1) ǒविशǒƴकृ त सहकारȣ संघ गठन गदा´ देहायका शतह 5 पूरा भएको हन ु पन`छ :- (क) आवेदक संèथाह5को संयƠ शेयर पूज ी क’तीमा दश करोड 5पैयाँ हन पन`‚ (ख) आवेदक संèथाह5को संयƠ संèथागत पूज ी क’तीमा दई करोड 5पैयाँ हन पन`‚ (ग) आवेदक संèथाह5ले खǐरद गरेको संघको शेयर पूजी क’तीमा एक करोड 5पैया हनपन`‚ र (घ) आवेदक संèथाह5 घाटामा गएको हन नहने । (2) उपिनयम (1) को खÖड (ग) बमोिजम आवेदक संèथाले खǐरद गन` शेयरको रकम संèथाको Ĥाथिमक पूज ी कोष र बचतको अनप ात क’तीमा एक बराबर प=Ģ कायम गरȣ जगेडा कोष र शेयर पूजीबाट माğ खǐरद गन´ु पन`छ । (३) ǒविशƴीकृ त सहकारȣ संघको सʶालन ĤǒWया देहाय बमोिजम हनछ :- (क) जन उƧेæयका लािग सो सहकारȣ संघ गठन भएको हो सोहȣ काय´ माğ गनप´ न` , (ख) ǒविशƴीकृ त सहकारȣ संघको कारोवार, åयवसाय, उ4ोग वा पǐरयोजना सʶालन गनप´ वू ´ Ĥचिलत कानून बमोिजम अनम ित, èवीकृ ित वा इजाजत िलनप न` भए िलएर माğ सʶालन गनप´ न` । (४) ǒविशƴीकृ त सहकारȣ संघ गठन गदा´ èव-रोजगारȣ तथा मूãय शTखलामा योगदान प≤ु याउने गरȣ वèतको सʶय‚ Ĥसोधन‚ बजारȣकरण र िनयात´ मलू क काय´ ǒवशषे का आधारमा समते गठन गन´ सǒकनेछ । ४.
प्राशिशधक रूपर्ा 1प्राशिशधक रूपर्ा उहााँको सहार्ता गिे: औषशध क्रदिे, त्र्सलाई र्ुखको िशजक ल्र्ाउिे, िृद्ध व्यशिलाई सही शस्थशतर्ा आउि र्द्दत गिे, चक्कीलाई आधा काट्िे। j.
मन्त्रालय 1मन्त्रालय भन्त्नाले श्रम, रोजगार तथा सामाजजक सरु क्षा मन्त्रालयलाई सम्झनपछग । (ि) “सजमजत” भन्त्नाले रोजगार सयोजकको छनौट गनग बनेको दफा ६ बमोजजमको सजमजतलाई सम्झनपछग । पररच्छेद–२