(1) A person shall pay such personal claimed amount
held to be payable by him or her, compensation or other amount to
which the victim or his or her successor is entitled under the
judgment of a court to the person who is entitled to get such payment
within six months from the date of judgment.
(2) If such person fails to pay such claimed amount,
compensation or amount within the period referred to in sub-section
(1), he or she shall be liable to a fine not exceeding ten thousand
rupees.
(3) If the person required to pay such claimed amount,
compensation or other amount within the period referred to in subsection
(1), the person who is entitled to the recovery of such
claimed amount, compensation or other amount may make a petition
within three years from the date of final judgment, showing the
property owned by the person liable to pay such claimed amount,
compensation or other amount.
(4) If a petition is made pursuant to sub-section (3), the
court shall cause such claimed amount, compensation or other
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amount to be recovered respectively by attaching and auctioning the
said property.
(5) If the person liable to pay a claimed amount,
compensation or other amount pursuant to sub-section (1) pays the
same to the court or if the claimed amount, compensation or other
amount is recovered from the bail/bond or guarantee if any,
furnished pursuant to sub-section (1) of Section 68, recovery shall be
made accordingly.
(6) If the person entitled to the recovery of a claimed
amount, compensation or other amount is not able to find the
property within the period referred to in sub-section (3), the court
shall abate the petition, subject to the execution of recovery if he or
she gives intimation as and when such property is found.
(7) If the claimed amount, compensation or other amount
could not be recovered pursuant to sub-section (4), the person
entitled to recover the remaining claimed amount, compensation or
other amount which could not be so recovered may make a petition
for imprisoning the offender, within thirty days from the date of
auction sale of the property of the offender or the date of abatement
of the petition pursuant to sub-section (6).
(8) If a petition is made pursuant to sub-section (7), the
court shall convert the remaining claimed amount or other amount
into the term of imprisonment at the rate of three hundred rupees a
day, and the person liable to pay such claimed amount or other
amount shall be imprisoned accordingly.
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(9) While imprisoning any person pursuant to sub-section
(8), such person shall not be imprisoned for more than two years in
the case of a claimed amount of a particular person and for more than
four years in the case of a claimed amount of a public body under
full or majority ownership or control of the Government of Nepal,
State Government or Local Level.
Provided that while imprisoning any person for the nonrecovery
of compensation, such person may be imprisoned for up to
four years.
(10) While imprisoning any person for a personal claimed
amount, compensation or other amount pursuant to sub-section (8), if
the claimed amount remains or is less than three hundred rupees,
such person shall be imprisoned for one day for the same.
(11) While imprisoning any person pursuant to sub-section
(8), the Government of Nepal shall bear such ration expenses as
should be provided under law.
(12) Notwithstanding anything contained elsewhere in this
Section, if the person required to pay a claimed amount,
compensation or other amount is held to have concealed or converted
in any manner his or her property within the period set forth in subsection
(1) or (3), twenty-five percent of such property shall devolve
on one who discovers it, the remaining shall be used to pay the
claimed amount, compensation or other amount and further
remaining shall be deposited in the consolidated fund,
notwithstanding anything contained in the law in force.
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