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Section 38
Penalty Punishment
(1) The Government of Nepal may ban any mountaineer group or any of its members from entering Nepal ………… for a period of five years or from climbing in Nepal for a period of ten years:- a) Climbing any mountain peak without obtaining permission or attempt to do so,
(b) climbing any mountain peak not open for mountaineering or attempting to do so, (c) engaging in any kind of unethical conduct or behavior during mountaineering,
(d) If the specified matters to be submitted to the Nepal government after the mountain climbing are not submitted within the specified period, (e) If the specified conditions are not followed to prevent environmental contamination,
(f) In case of violation of this Act or the rules made under this Act or the things specified in the mountain climbing permit.
(2) If a mountaineer group or its member climbs a mountain peak without obtaining a permit, such mountaineer group or member shall be fined twice the amount of the fine required under this Act if the Nepalese government deems it appropriate to take permission to climb such mountaineer without taking action as per sub-section (1). can do 3) If a mountaineer group or its member climbs a mountain that is not open for climbing, the government of Nepal may impose the highest fine on the member of such mountaineer group that is open for the purpose of climbing without taking action as per sub-section (1).
(4) If any organization making arrangements for mountain climbing violates this Act or anything related to mountain climbing written under this Act, or encourages anyone to do so, the Government of Nepal will punish such organization for a period of one year to five years as amended by the Republic Strengthening and Certain Nepal Laws Amendment Act, 2066. Amended. By the first amendment, any arrangement related to mountain climbing can be banned or fined from ten thousand rupees to fifty thousand rupees or both.
(5) If any mountaineer party does not comply with the prescribed conditions to prevent environmental pollution, the Government of Nepal, if it deems appropriate, in accordance with sub-section (1)Without taking action, he can be fined up to fifty thousand rupees.
(6) According to sub-section (4) of section 37, the Nepalese government may withdraw the rights given to the mountaineer association or cancel the recognition granted for the purpose of mountaineering to the climbing association which does not comply with the order or instructions given by the government of Nepal in accordance with sub-section (2) of section 37. (7) Anyone If any mountain climbing party or any of its members incites to violate this Act or the rules made under this Act or the orders or instructions of the Government of Nepal, the designated authority may fine him from one thousand rupees to ten thousand rupees. The affected person can file a complaint with the Government of Nepal within thirty five days and the decision given by the Government of Nepal will be final.