Government of Nepal has made the following rules by exercising
the power of Section 56 of the Tourism Act, 2035 B.S. (1978 A.D.)
1. Short title and commencement:
(a) These
rules may be called the "Mountaineering Expedition Regulation, 2059 B.S. (2002
A.D.)
(b) This regulation shall come into force at once.
2. Definition: In this Regulation, unless the subject or
context otherwise requires,
(a) "Act" means the Tourism Act, 2035 B.S.(1978 A.D.)
(b)
"Permit" means the mountaineering expedition permit to be given to
the mountaineering expedition team for climbing the mountain as per this
Regulation.
(c)
"Ministry" means the Ministry of Culture, Tourism and civil
Aviation.
3.
Permit to be taken for the Mountaineering Expedition:
(a)
The mountaineering expedition team has to take permit for the
mountaineering expedition, one has to submit an application to the Ministry in
the format as prescribed in Schedule-1.
(b)
Upon receiving an application under sub rule (1), the Ministry may
provide permit to the applicant after making necessary inquiry and, if it seems
appropriate to provide permit, in the format as prescribed in Schedule - 2 after
taking the royalty pursuant to Rule 4.
Provided that the permit shall not be provided to that person who is
under the age of 16.
(c)
Notwithstanding anything contained in sub rule (2), the
preliminary mountaineering expedition permit may be provided to the applicant in
the format as prescribed in schedule-3, if any mountaineering expedition team
pays the five percent royalty amount for the Mount Everest and ten percent
royalty amount for other mountains and if it is made appropriate to provide
permit.
(d)
The Ministry shall provide permit as per sub rule (2) to the
mountaineering expedition team having the preliminary mountaineering expedition
permit pursuant to sub rule (3) after paying the rest of royalty amount pursuant
to Rule 4.
Provided that the Ministry shall provide permit to the applicant if the
mountaineering expedition team having the preliminary mountaineering expedition
permit except to those mountains having the height of less than 7000 meter and
the mountain pursuant to clause (a) and (b) of sub rule (1) of Rule 32, desiring
for any alteration or change in it's mountaineering expedition team, after ten
days of application.
(e)
The mountaineering expedition team, having the permit pursuant to
sub rule (2) and (4) shall take briefing of the Ministry relating to the
mountaineering expedition, before departure for the mountaineering
expedition.
4.
Period and Royalty for the Mountaineering Expedition:
(a)
The royalty for the mountaineering expedition team for
mountaineering expedition shall be as prescribed in schedule-4.
(b)
The mountaineering expedition team having the preliminary
mountaineering expedition permit shall have to pay the rest of the royalty
within one year of such permit.
(c)
The preliminary mountaineering expedition permit of any
mountaineering expedition team shall be cancelled if the rest of the royalty
shall not be paid within the time frame pursuant to sub rule (2).
5.
Delaying of Mountaineering Expedition Program and Change of
Mountain:
(a)
The mountaineering expedition team shall submit an application to
the Ministry, before the commencement of the mountaineering expedition program
including the time frame and program of the mountaineering expedition or
ascertaining the mountain in a case it wants to change the mountain if any
mountaineering expedition team wants to postpone the mountaineering expedition
program or wants to change the mountain as prescribed in the permit.
(b)
The Ministry may provide permit for delaying the program up to two
years to that mountaineering expedition team who desires to delay the
mountaineering expedition program pursuant to sub rule (1).
(c)
The Ministry shall provide permit to change the mountain after
receiving the extra royalty from the mountaineering expedition team for the
change of mountain if the royalty so needed to such mountain pursuant to sub
rule (1)
Provided that the royalty amount paid to earlier is higher than the
changed mountain such different amount shall not be returned.
6.
Terms and conditions to be fulfilled by a Mountaineering expedition
team:
The mountaineering expedition team, which has obtained a mountaineering
expedition permit, shall comply with the following terms and conditions:
(a)
The team shall confine its activities only in the mountain for
which a permit has been obtained.
(b)
The team shall not indulge in any activity that may be a contrary
to the customs and religious, social or cultural traditions of the local people
of that area.
(c)
The team shall set up the various camps in its route to the base
camp as far as possible at such place that may be acceptable to the local people
or as prescribed by Government.
(d)
The team shall not carry any arms, ammunition and explosives etc.
other than those permitted by Government.
(e)
The team shall not indulge itself in any activity, which is or may
be likely to affect adversely to the security and reputation of the Kingdom of
Nepal.
(f)
The team shall not use any means of communication other than those
approved for the purpose.
(g)
The team shall not damage or destroy any tree, shrub, other
forest, heritage or environment existing in the adjoining area or on the route
of its mountaineering expedition.
(h)
The team shall submit all the rare and historical objects, which
may be found by it during the continuation of mountaineering expedition to the
liason officer.
(i)
The team shall work for non-polluting as prescribed by
Government.
(j)
The team shall inform daily about the condition and program of
mountaineering expedition to the liason officer.
(k)
The Mountaineering expedition team having a permit for the
mountaineering expedition of mountain adjoining the international boarder of the
Kingdom of Nepal with other foreign state shall not violate the international
boarder.
7.
Approval to import the means of Communication:
Government may provide approval, to import two satellite telephone,
twelve walkie-talkies, two wireless having the capacity to communicate between
the base camp and Kathmandu and wireless having the capacity to communicate
between the base camp and nearest police station or the place having the telecom
facility for temporary use, in a condition to bring back to home country after
the program, to the mountaineering expedition team having the permit.
8.
Criteria for the designation of Liason Officer:
Government shall designate liason officer among the Gazetted third class
officer or same level of the Nepal Army and Nepal police or Non- Gazetted first
class or above class officer of the civil service or officer level employee of
the institution having the sole authority of Government of Nepal as working in
the institution of Government at least since last one year, on the following
criteria.
(a)
Having basic training related to mountaineering expedition.
(b)
Having educational qualification of Bachelor's degree or same
level with compulsory English.
(c)
Having submitted the medical report certified by the registered
physician of the recognized by Government that one is able to visit the mountain
range.
(d)
Having the knowledge of language to communicate with the
mountaineering expedition team.
9.
Functions, Duties and Rights of Liason Officer:
(a)
To try to solve problem which may be caused to the Mountaineering
expedition team.
(b)
To inspect or monitor the weight of load which may be carried out
by the worker involved with the Mountaineering expedition team.
(c)
To stay in the base camp during the mountaineering expedition
program.
(d)
To communicate the progress of mountaineering expedition and to
inform the message of accident if any, by the fastest means of communication to
the Ministry.
(e)
To make efforts to avoid any conflict among the team members i.e.
(the headman, mountain guide and worker.)
(f)
To try to settle down the conflict or any other undesirable
incident between any member of the mountaineering expedition team and local
people or headman, guide or worker as well as to initiate for necessary action
with the help of nearest Police post, District Administration Office or Local
Bodies if it is not possible to settle down the case by him/herself.
(g)
To carry out or initiate to carry the necessary work relating to
environmental cleanness and garbage management.
(h)
To prohibit the team or its members from indulging in any
unauthorized mountaineering expedition and to notify such incident to the
Ministry immediately.
(i)
To send its report to the Ministry as soon as possible in the
event of loss of walkie-talkies, wireless sets, and other equipment used by the
mountaineering expedition team or in the event of death or disabilities cause to
a member of the mountaineering expedition team, headman, guide, or worker due to
an accident or in the event of commission or likely to commission any serious
crime.
(j)
To conduct as an interpreter for the member of the mountaineering
expedition team and other person with them.
(k)
To advise the leader of the mountaineering expedition team about
the selection of place for mountaineering camp.
(l)
To send the list of the worker and other person involved in the
mountaineering expedition team after being certified by the leader of the
group.
(m)
To receive the rare and historical objects which may be found by
the mountaineering expedition team and handed safely in the place as prescribed
by Government.
(n)
To function as per the instruction of the Ministry.
10.
Facility to be provided to the Liason Officer:
The facility to be given to the liason officer by the mountaineering
expedition team shall be as prescribed in Schedule-5.
11.
Facility may be returned:
The Ministry may cancel travel order and may cause to return the
facilities received as per this Regulation by the liason officer, if he/she do
not accompany with the mountaineering expedition team.
12.
Mode of discouragement not to be used
The mountaineering expedition team and institution arranging of
mountaineering expedition shall not discourage to liason officer to go with the
mountaineering expedition team.
13.
Functions and duties of a Headman:
The functions and duties of a headman shall be as follows:
(a)
To work in coordination with the liason officer.
(b)
To work for the collective interest of mountain guide, high
altitude worker, base camp worker and local worker.
(c)
To protect from any damage or loss of commodity of the
mountaineering expedition team by the negligence of the worker.
(d)
To render necessary advice to the members of the mountaineering
expedition team to climb in a safe and easy manner.
(e)
To manage the supply of food and equipment in the camp in
appropriate time.
(f)
To help to rescue the liason officer, if any member of the
mountaineering expedition team, mountain guide or high altitude worker, base
camp worker or local worker have any problem.
(g)
To carry or cause to carry out the necessary work relating to
environment cleanness or garbage management as prescribed by this Regulation and
as determined by the Ministry.
(h)
To function as instructed by the Ministry or liason officer.
14.
Qualification and standard of the Headman may specify:
Government may specify the qualification and standard of the headman by a
notification published in the Nepal Gazette.
15.
Functions and Duties of a Mountain Guide:
The functions and duties of a mountain guide shall be as follows :
(a)
To work coordinating with the headman.
(b)
To make necessary arrangement not to happen any against damage or
loss of the equipment of the team due to the negligence of the workers.
(c)
To guide the mountaineering expedition team to climb only through
the approved route.
(d)
To establish contact with the liason officer and to work in
accordance with his/her order in a case if it is necessary to change the routes
of the mountaineering expedition due to any reason above the base camp.
(e)
To render necessary advice to the headman, or any member of the
team in relation to safe and easy climbing.
(f)
To help to rescue the liason officer, any member of the
mountaineering expedition team, headman, high altitude worker, base camp worker
or local worker if they have to face any problem.
(g)
To bring back the garbage that came out above the base camp while
using any commodity to the base camp compulsorily.
(h)
To function as instructed by the Ministry, liason officer and
headman.
16.
Facilities to be provided to Headman, Mountain Guide, High Altitude
worker, Base camp worker and Local worker:
The facilities to be given by the mountaineering expedition team to
headman, mountain guide, high altitude worker, base camp worker and local worker
shall be as prescribed in Schedule - 6.
17.
Submission of Will:
Liason officer, headman, mountain guide, high altitude worker and base
camp worker shall have to prepare three copies of the will in the format as
prescribed in schedule - 7 prior to their departure for mountaineering
expedition and shall submit, one copy each to the agency or office of their
employment, Mountaineering Association and Ministry.
18.
To have a Contract:
The mountaineering expedition team or the institution arranging for the
mountaineering expedition shall enter into a contract with headman, mountain
guide, high altitude worker and base camp worker before engaging them in the
work pursuant to Schedule - 8.
19.
Provision relating to personnel accident insurance and
compensation:
(1)
The mountaineering expedition team shall insure, from the
insurance company as recognized by Government, of the liason officer, headman,
mountain guide, high altitude worker and base camp worker of their personal
accident not less than following amount so as to cover the duration from the
date of departure for mountaineering expedition until the date of return after
completion of the mountaineering expedition:
(a) For liason officer - Six hundred thousand rupees.
(b) For headman and mountain guide - Five hundred thousand rupees.
(c) For the high altitude worker - Four hundred thousand rupees.
(d) For the base camp worker - Three hundred and fifty thousand rupees.
(2)
The mountaineering expedition team shall insure the local worker
not less than two hundred fifty thousand rupees pursuant to sub rule (1).
(3)
The responsibility to make available the insurance or compensation
amount pursuant to sub rule (1) and (2) and sub section (2) and (3) of section
25 of the Act to the concerned person or his/her successor shall lie on the
concerned mountaineering expedition team or on such institution arranging the
mountaineering expedition.
(4)
The mountaineering expedition team or insurance company shall
deposit the insurance or compensation amount at the Ministry if the person found
minor to receive the amount pursuant to sub rule (1) and (2) and sub section (2)
and (3) of Section 25 of the Act and the Ministry shall make appropriate
management of his/her care until he /she become adult.
(5)
The Mountaineering expedition team shall make medical insurance,
from the insurance company recognized by Government, of the liason officer,
headman, mountain guide, high altitude worker, base camp worker and local worker
for their minor injuries in an accident.
20.
Insurance shall be made for Emergency Rescue:
The mountaineering expedition team shall make insurance for the purpose
of Section 29 of the Act, from an insurance company recognized by Government of
the amount as prescribed by the Ministry.
21.
Opportunity to be Provided for Climbing:
The mountaineering expedition team shall provide an opportunity to reach
the concerned mountain peak to the headman, mountain guide, high altitude worker
if they are accompanied with the mountaineering expedition team up to the last
camp.
22.
Weight of the Load:
(1)
The mountaineering expedition team shall not allow any local
worker to carry a load of more than thirty kg
(2)
The Mountaineering expedition team shall not allow to carry a load
to a worker climbing high altitude not exceeding the following weight in the
following altitude:
(a) For the altitude from 5000 to 6000 meters Twenty kg
(b) For the altitude from 6001 to 7000 meters - Seventeen kg
(c) For the altitude from 7001 to 8000 meters - Fourteen kg
(d) For the altitude of more than 8000 meters -Twelve kg
(3)
Notwithstanding anything contained in sub rule (1) and (2), it may
be allowed to carry extra five kg weight upon mutual consent among liason
officer, leader of the mountaineering expedition team and the worker in a
special situation.
23.
Liabilities and Responsibilities of the Leader of the Mountaineering
expedition team:
The liabilities and responsibilities of the leader of the mountaineering
expedition team shall be as follows:
(a)
To make arrangement of good fooding and lodging for the liason
officer, headman, mountain guide, high altitude worker, base camp worker and
local worker.
(b)
To make payment of any dues or compensation to be paid under this
regulation.
(c)
To manage garbage produced in the caravan route, base camp and
above the base camp as per this Regulation.
(d)
To carry or carried out as the instruction of the Ministry and
liason officer and the terms as specified by this Regulation.
24.
Broadcasting of News Relating to Mountaineering Expedition:
The mountaineering expedition team shall provide all the news relating to
mountaineering expedition through the liason officer to the Government.
25.
Restriction on Sale of the Commodity:
The mountaineering expedition team shall neither sell nor transfer the
ownership of the commodity without the approval of government, which was
imported under this Regulation or any prevailing law upon getting exemption on
custom duties.
26.
Amount shall be deposited:
(1)
The mountaineering expedition team shall deposit the amount
pursuant to Schedule-9 to the Ministry for the garbage management before the
briefing related to mountaineering expedition pursuant to sub rule (5) of Rule
3.
(2)
The amount as deposited pursuant to sub rule (1) shall be returned
only after the submission of evidence of garbage management as per this
Regulation.
27.
Classification and Management of Garbage:
(1)
The garbage shall be classified for the purpose of garbage
management used by the mountaineering expedition team as follows:
(a) Garbage which can be destroyed
(b) Garbage which can be recycled
(c) Garbage which his to be re imported
(2)
The materials to be considered the garbage pursuant to sub rule
(1) shall be as prescribed in Schedule –10.
(3)
The mountaineering expedition team shall destroy or dig and cover
the garbage pursuant to clause (a) of sub rule (1) in this way that it would not
adversely affect the public place in front of the institution or body if such
institution or body has been prescribed by government to manage the garbage in
the particular area or if such institution or body has not been prescribed the
same shall be done in front of the liason officer or representative of the
concerned local body and if such liason officer or representative of the local
body is not available it shall be done in front of the headman.
(4)
The mountaineering expedition team shall bring the garbage
pursuant to clause (b) of sub rule (1) in Kathmandu and shall hand over to in
the institution or body as prescribed by Government.
(5)
The mountaineering expedition team shall bring back the garbage
pursuant to clause (c) of sub rule (1) to own country.
28.
To be returned in the Base Camp:
(1)
The mountaineering expedition team shall return in the base camp
within the following time frame from the date of departure from Kathmandu for
mountaineering expedition :
(a) Seventy five days for the mountain having more than 8,000 meter
height,
(b) Sixty days for the 7000 to 8000 meter height mountain,
(c) Forty-five days for less than 7000 meter height mountain.
(2)
Notwithstanding anything contained in sub rule (1) not more than
fifteen days may be added on the request of the concerned mountaineering
expedition team other than the Khumbu, Annapurna and Manaslu Himalayan Range
mountains.
29.
Instruction may be given:
The liason officer may give necessary instruction to the member of the
mountaineering expedition team, headman, worker concerned with mountaineering
expedition program under the Act, this Regulation, other prevailing laws and
instruction of the Ministry and it shall be the duty of the member of the
mountaineering expedition team, headman and worker of the mountaineering
expedition abide with such instruction.
30.
Report Shall be submitted:
Liason Officer shall submit the report relating to mountaineering
expedition in the Ministry within the fifteen days of the expiry of the
mountaineering expedition program in the format as prescribed in Schedule
–11.
31.
Report, Book, Picture etc. relating to Mountaineering Expedition shall
be submitted:
(1)
The leader of the mountaineering expedition team shall submit the
report relating to mountaineering expedition in the format as prescribed in
schedule - 12 in the Ministry in the time of debriefing in person before
departure from the Kingdom of Nepal.
(2)
The leader of mountaineering expedition team shall submit a
detailed photographic report with a map of the route of the mountaineering
expedition either in English or in Nepalese language to the Ministry within five
months of the completion of the mountaineering expedition.
(3)
The mountaineering expedition team while presenting the report
with photographs under sub rule (2) shall enclose the at least a copy of
photograph of each of the concerned mountain pick taken from the climbing route,
photographs taken from base camp and other camps and if the team member has
taken photograph from the pick such photograph to the Ministry
(4)
If
any mountaineering expedition team publishes a book or booklet relating to such
mountaineering expedition after completion of the mountaineering expedition, the
team shall send two copies of such book or booklets to the Ministry.
(5)
If any mountaineering expedition team makes documentary film
relating to its mountaineering expedition the team shall submit one copy of such
film to the Ministry.
32.
Royalty may be exempted:
Not withstanding anything contained in this Regulation, Government may
exempt full or partial royalty of the mountaineering expedition team under this
Regulation by a notification published in the Nepal Gazette in the low pressure
period for the mountaineering expedition of following mountain:
(a)
Mountain in Low pressure,
(b)
Mountain situated in the area which is underdeveloped from the
economic or social development point of view,
(c)
Mountain, which is technically easy and can be climbed in a short
span of time.
Clarification :
(1)
For the purpose of this Rule "low pressure period" means that
period between 15 Jestha to 15 Bhadra (June to August) and first Poush to Falgun
15 (Mid Dec. to Feb.)
(2)
Notwithstanding anything contained in this Regulation, Government
may fully or partially exempt royalty to be paid under this Rule by the Nepalese
mountaineering expedition team or to be paid by the member of the Nepalese
mountaineering expedition team joined in the foreign mountaineering expedition
team, by a notification published in the Nepal Gazette.
33.
Certificate to be Provided:
The Ministry shall provide a certificate of mountaineering expedition to
the mountaineering expedition team and the member of such team for successful
mountaineering expedition in the format as prescribed in schedule - 13.
34.
Officer entitled to punish:
The Secretary of the Ministry shall be officer entitled to punish for the
purpose of sub section (7) of Section 38 of the Act.
35.
Printing and Using in English Language:
The form and certificate under this Regulation may be printed or used in
English Language as per necessity.
36.
Alteration or change in the Schedule:
Government may make alteration or change in the Schedule of this
Regulation as per necessity by a notification published in the Nepal
Gazette.
37.
Repeal and saving:
(1)
The Mountaineering Expedition Regulation, 2036 B.S. (1979 A.D) has
been repealed.
(2)
The function and procedure conducted or followed under The
Mountaineering Expedition Regulation, 2037 B.S. (1979 A.D) shall be considered
as per this Regulation.
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