(1)
The Chief District Officer may order to arrest an intoxicated person who
speaks indecently or misbehaves in a public place, and may detain him/her
until he/she is relieved from the intoxication. The Chief District Officer
may issue a verbal warning to the detainee, and if he/she repeats the same
act, the Chief District Officer may impose a fine to him/her upto One
Thousand Rupees 82 for each offence.
(2) If any unclaimed goods or commodities are found, the Chief
District Officer shall act in accordance with the provisions of the Chapter
on Bona Vacantia (Kalyan Dhan) of the Muluki Ain (General Code).
(3) If a Government employee forces a person to work without
remuneration to an official or his/her domestic work, the Chief District
Officer may write to the concerned departmental head requesting for an
action against such employee under the prevailing law or otherwise be
subjected to departmental (disciplinary) action pursuant to the Civil Service
Rules.
(4) If a report is submitted by Municipality or Village Development
Committee 83 that a tiger, leopard or any other wild animal is creating
trouble within the district, the Chief District Officer shall order to be killed
such animal and to have its fur or any other parts thereof to be handed over
to the concerned Forest Office, or as instructed by the Ministry of Forests
and Soils Conservation. 84
(5) If a person is found to have made undue profits through the sale
of any goods or commodities, the Chief District Officer may punish the
seller with a fine upto One Thousand Rupees or with imprisonment upto
Three months 85 or both taking into consideration the quantity and price of
the goods or commodities transacted. The aggrieved person may file an
appeal before to Court of Appeal 86 within Thirty Five days against the
decision made by the Chief District Officer.
(6) The Chief District Officer shall keep records of public water
taps, wells, ponds, well-sides, shelters (Pati, pauwa), guest houses (Sattal
Dharmasala), temples, caves, bridges etc. situated within the district; if
they are damaged or likely to collapse, he/she shall order to be repaired by
the owner or his/her agent, or by the Municipality or Village Development
Committee 87 or by the Guthi Trust Corporation.
88 (6A) No one shall construct houses (building) on governmental or
public land without establishing one’s ownership. In case a person
constructs or cause to construct a house on such land, the Chief District
Officer may issue an order to prohibit the construction a house. In case
house has already been constructed or is under construction at the time of
an order, he/she may order for the demolition and removal of materials
within One month. If a person does not demolish or remove materials with
in such time frame, the Chief District Officer may punish a fine upto Five
Thousand Rupees and demolish the house. The expenses incurred for the
demolition may also be reimbursed from such person.
Explanation:
(1) For the purpose of this Sub-section, the term “public
land” means lands being used from ancient times such
as paths, roads, pastures, water sources, crematories,
cemeteries, wells, ponds, pond embankments, sources
of drinking water, cattle paths, fairgrounds, public
entertainment sites, play grounds and similar publicly
used lands or adjoining plots, as well as land kept
uncultivated or sequestered by the order of
Government of Nepal.
(2) For the purpose of this Sub-section, the term “house”
means huts and temporary structures with or without
roofs of hay, straw or tin sheets.
(7) If the Chief District Officer considers that a person has become
insane and he/she may cause a danger to the concerned person or society if
he/she is not kept under control he/she shall take action pursuant to Section
8 of the Chapter on Medical Treatment of the Muluki Ain.
(8) If a person submits an application to the Chief District Officer
requesting for a certificate of relationship with another individual, the Chief
District Officer shall after an inquiry, issue necessary certificate by
obtaining of a fee of Five Rupees.
89 (9) The aggrieved person may file a complaint before the Court of
Appeal 90 against the order made by the Chief District Officer upon
exercising the powers conferred by Sub-sections (1) and (7).
91 (10) If a person slaughters, except on the occasions which requires
slaughter for traditional religious worship, animals or birds on the days of
Buddha-Jayanti, Krishna Janmastami, Mahashivaratri, Ramnawami and
festival of Ekadashi or at any religious place where the slaughter of animals
and birds has been specifically prohibited by Government of Nepal by a
Notification in the Nepal Gazette, the Chief District Officer may impose
penalty to such person a fine upto Five Thousand Rupees 92 and no appeal
against such order in respect of penalty shall be considered.
93 (11) No one shall let cattle roam free inside the Municipality
area, 94 and if a person let cattle on the road and the concerned
Municipality 95 does not capture and detain such cattle, the Chief District
Officer shall capture the cattle and sell them by auction, in accordance with
procedures considered appropriate by him/her, and the proceeds of the
auction shall be deposited to the District Development Committee 96 fund. If
no one offers a bid in the auction, the Chief District Officer may handover
such cattle to a person other than the owner without any payment.
Explanation: For the purpose of this Sub-section-
(1) The term ‘cattle’ means bullocks, buffaloes, male
buffaloes, horses, sheep and goats.
(2) The Term ‘free cattle’ means cattle let loose by the
owner on roads and streets unattended by any cowman
(Gothala) or other person.
97 (12) The owner of cattle who contravenes the provisions of Sub-
section (11) shall be punished with a fine upto Two Hundred Rupees by the
order of the Chief District Officer and an appeal against such order may be
filed before the Court of Appeal. 98