Rafting Rules, 2063(2006)
Rafting Rules, 2063(2006)
Date of Publication in Nepal Gazette
2063-05-19 (04-09-2006)
Amendment :
Rafting (First Amendment) Rules, 2065(2008) 2065-05-30(15-09-2008)
In exercise of the powers conferred by the section 56 of the Tourism Act,
2035, Government of Nepal hereby makes the following Rules.
Chapter âââ 1
Chapter â 1
Preliminary
1. Short Title & Commencement : (1) These Rules may be called
“Rafting Rules, 2063”.
(2) These Rules shall come into force immediately.
2. Definitions : Unless the subject or context otherwise requires in
these Rules :
(a) “Act” means Tourism Act, 2035.
(b) “Rafting” means the travel to be made for the entertainment
or natural or cultural sightseeing in the river by using the
kayak, cataraft, boat, yacht or other means of water transport
of similar nature floating in the river.
(c) “License” means the letter of permission to be provided for
rafting business pursuant to Rule 5.
(d) “Ministry” means Government of Nepal, Ministry of
Culture, Tourism and Civil Aviation.
(e) “Rafting Entrepreneur” means the company or firm
established pursuant to prevailing law for conducting rafting
business.
(f) “Rafting Team” means the rafting team comprising one or
more than one members.
(g) “River Guide” means the person holding/getting the license
pursuant to Rule 12 for helping the rafting team in rafting.
(h) “Permit” means the permission letter given to work as a river
guide pursuant to Rule 12.
Chapter âââ 2
Chapter â 2
Provisions Related to Licensing
3. Rafting Business has been Restricted without License : Nobody
has been allowed to conduct rafting business without getting
license.
4. Application to be submitted for Licensing : The rafting
entrepreneur fulfilling the terms & conditions pursuant to Rule 6
desiring to conduct the rafting business shall submit an application
for license to the Ministry in the format prescribed by Schedule â 1
5. License to be granted : (1) On the inquiry of the application
received pursuant to Rule 4 if found that the following terms &
conditions has been fulfilled by the rafting entrepreneur, the
Ministry taking five thousand rupees fee from the rafting
entrepreneur shall grant a license for conducting a rafting business
in the format prescribed in Schedule-2 : â
(a) The rafting entrepreneur have at least two
means of rafting,
(b) Possessing (Having) the safety equipments &
goods as equivalent the quality prescribed by
the Ministry, in conducting the rafting business,
(c) Fulfilling the other requirements prescribed
time to time by the Ministry.
(2) The Ministry shall form a five member committee also
comprising the representatives of the concerned field, to submit a
report in the Ministry by making an inquiry on whether the quality
of the safety equipments and goods mentioned in clause (b) of Subrule(1)
has been as prescribed by the Ministry or not.
(3) The rafting agencies that have been registered and
working (conducting business) before the commencement of these
rules, shall already take the license according to these rules within
one year of the commencement of these rules.
1
(4)The rafting agencies unable to take the license pursuant
to Sub-rule(3) shall take the license within the one year of
commencement of this rule.
6. Provision related to the registration and bank guarantee of the
company or firm : Rafting entrepreneur shall have to fulfill the
following terms before taking the license :
(a) In case of a company, a company having at least Two
Hundred Thousand Rupees of paid up capital and in case of
a firm, a firm having at least Two Hundred Thousand
Rupees of assets, shall be registered.
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Added by First Amendment
(b) Shall submit the bank guarantee equivalent to the Fifty
Thousand Rupees in the name of the Ministry.
7. Duration and Renewal of the license : (1) The duration of the
license granted pursuant to Rule 5 shall be for five years.
(2) The rafting entrepreneur intending to renew the license
shall renew the license by paying the five thousand rupees, three
months prior to the end of the duration of the license to the
Ministry.
(3) After completing the duration pursuant to Sub-rule (2),
the license holding rafting entrepreneur if comes to renew the
license, for the first two months, after the date of expiration of the
duration of the license then by taking fifty percent of the extra
renew fee and for the following (successive) one month, by taking
cent percent extra renew fee, the Ministry shall renew the license.
(4) If a rafting entrepreneur has not renewed the license
within the period prescribed pursuant to Sub-rule (3), such license
shall be ipso-facto void.
8. The terms & conditions to be followed by the license holding
rafting entrepreneur : The license holding rafting entrepreneur
shall fulfill the following terms & conditions:
(a) To register the name and address of the person going
for the rafting in the Ministry or the body specified by
the Ministry before taking the rafters for rafting.
(b) No rafting has to be conducted for the foreign tourists
except in the rivers opened for rafting.
(c) To follow the code of conduct prescribed by the
Ministry in operating the rafting business.
(d) To obey the other conditions that has to be follow by a
rafting entrepreneur pursuant to the Act or Rules.
9. License may be cancelled : (1) If a rafting entrepreneur makes
(conducts) rafting contrary to these rules the Ministry may cancel
his/her license.
(2) Prior to the cancelation of license pursuant to Subrule(1),
the Ministry shall provide the reasonable chance to the
rafting entrepreneur to produce his/her clarification.
(3) The rafting entrepreneur whose license has been
cancelled pursuant to Sub-rule(1), shall not be allowed to operate
the business related to the rafting for two years from the date of
such cancellation of the license and new license shall not be
granted to him/her.
(4) Only because of the cancellation of the license pursuant
to Sub-rule(1), such entrepreneur shall not be free of liabilities of
these rules.
10. Provisions related to safety : (1) Rafting entrepreneurs shall
provide the safety goods like safety jacket, life jacket, helmet etc.
to the tourists and Nepali workers involving in the rafting.
(2) If any person going for rafting has been injured or died
because of not providing of the safety goods pursuant to Subrule(1),
the concerned rafting entrepreneur shall pay the following
compensation to such person :
(a) If injured, depending on the nature of the injury
upto Two Hundred Thousand Rupees.
(b) If died, upto Five Hundred Thousand Rupees.
(3) If an accident has occurred during the course of rafting,
the primary search & rescue operation of such accident and
management of the death body in case of death of Rafting
entrepreneur shall be made by the rafting entrepreneur.
Chapter âââ 3
Chapter â 3
Provisions Related to River Guide
11. Application to be submitted for permit : A person desiring to
work as river guide shall submit an application to the Ministry in
the format prescribed in Schedule â 3.
12. Permit to be granted : On the inquiry of the application received
pursuant to Rule 11, if the person applied for permit found
qualified to grant the permit then the Ministry shall grant the
permit by taking the five hundred rupees fee from such person, for
river guide in the format prescribed in Schedule â 4.
13. Disqualification : The following person shall not be qualified to
get the permit for river guide :
(a) Proved guilty from the court in criminal offences of
moral degradation.
(b) Suffered by any mental or communicable diseases.
(c) Not taking training of river guide from an agency
recognized by the Government of Nepal.
(d) Not completing the three years probation period after
cancellation of the river guide permit.
14. Recognition of Foreign Training : (1) The Government of Nepal
shall form a maximum three member committee also representing
the agencies providing the training for river guide & recognized by
the government of Nepal or getting license or permission pursuant
to prevailing law for the purpose of recommendation related to the
recognition of river guide training received abroad.
(2) The committee pursuant to Sub-rule (1) shall submit a
recommendation on whether such training may be recognized or
not to the Ministry by making required inquiry and if the
committee makes recommendation stating that the recognition may
be given then the Ministry shall give the recognition to such river
guide training by determining the equivalence of it.
(3) The matters to be considered by the committee pursuant
to Sub-rule (1), while making recommendation pursuant to Subrule(2)
shall be specified by the Ministry time to time and
published for the notice of general public.
15. Duration of Permit & Renewal : (1) The duration of the permit
shall be for five years.
(2) The person holding the permit, if desires to renew the
permit shall renew the permit by paying the two hundred rupees in
the Ministry three months prior to the expiry of the permit.
(3) After completing the duration pursuant to Sub-rule (2)
the person holding the permit if comes to renew the permit from
the expiry date of the permit then by taking for the first two months
the twenty five percent of the extra renewal fee, for the six months
fifty percent extra renewal fee for nine months seventy five percent
extra renewal fee & for one year cent percent extra renewal fee, the
Ministry shall renew the permit.
(4) If the permit has not been renewed within the period
pursuant to Sub-rule (3), such permit shall be ipso-facto void.
16. The restricted activities for river guide : A river guide shall not
do the following activities :
(a) To purchase any type of goods from the tourist to
whom he/she has made rafting or to ask or take for
cash or any other goods with the persons related to
such activities.
(b) To sell the equipments provided by rafting
entrepreneurs,
(c) To perform the activities against the guidance of the
rafting entrepreneurs,
(d) To exhibit the bad manners in any way,
(e) To involve others as a river guide by handing over
his/her own permit.
(f) To act contrary to the code of conduct that has to be
obeyed by river guide and issued by the Ministry.
17. Functions, duties and rights of river guide: The functions,
duties and rights of a river guide shall be as follows.
(a) To conduct rafting to the rafters in the rivers allowed
for rafting,
(b) To conduct rafting to the rafting team only in the
rivers which are open for rafting by the Government
of Nepal,
(c) To perform the duty by keeping disciplined and
respectable relation with the rafting team,
(d) To prevent the misuse of the goods provided by
rafting entrepreneurs for rafting,
(e) To help the rafting team for rafting in safe and simple
(easy) way,
(f) To rescue the rafting team in emergency and to protect
the life & property of the rafters,
(g) To manage or to be managed the wastes produced by
the use of goods during the rafting according to these
rules,
(h) To work according to the guidance given by the
Ministry and concerned rafting entrepreneurs,
(i) To perform or to be performed any reasonable
activities required to protect the life & property of the
rafters in case of any natural calamities or emergency
during the rafting.
18. Permit may be cancelled: (1) The Ministry may cancel the
permit received by a river guide in the following situation
(condition) :
(a) If the person holding permit has been
disqualified pursuant to Rule 13.
(b) If the person holding permit has involved in the
activities mentioned in Rule 16.
(2) Prior to the cancellation of the permit pursuant to Subrule
(1), the Ministry shall provide the chance to produce his/her
clarification by providing at least 15 days period.
19. To be involved in work after making contract : The license
holding rafting entrepreneurs while involving any person in rafting
shall make a contract in the format prescribed in Schedule-5.
20. The Privileges to be provided to the river guide and workers:
The license holding rafting entrepreneurs shall provide the
privileges at least pursuant to Schedule-6, to the river guides and
workers joining the rafting team in addition to their monthly
remuneration during the rafting period.
21. Provisions related to personal accident, insurance and
compensation: (1) The license holding rafting entrepreneur shall
make the personal accident insurance of at least two hundred
thousand rupees for the rafting period to the river guide or workers
joining the rafting team prior to the rafting from the Insurance
Company which has the license allowing to operate the insurance
business in Nepal.
(2) If the person having insurance pursuant to Sub-rule (1)
has been injured or dead by accident then the liability of providing
the amount to be provided by the insurance company to such
person or any other person desired by him/her if exists or if such
person does not exist then to the nearest successor of him/her shall
be on the concerned rafting entrepreneur.
(3) If the person to be made insurance pursuant to Sub-rule
(1) has been involved in rafting without making the insurance and
such person has been injured or dead by accident, on such
situation the rafting entrepreneur shall provide the compensation
amount equivalent to the insurance amount pursuant to Subrule(1)
to the concerned person or in case of his death to the
person desired by him/her and in absent of such person to the
nearest successor.
(4) The Ministry may fine upto five thousand rupees if the
river guide or worker has been employed without making
insurance.
(5) If the worker joining the rafting team has simple injuries
during rafting then the rafting entrepreneur shall arrange required
treatment for such person in his/her own cost.
22. The Amount to be paid (provided) : (1) If an application given
to the Ministry by any river guide or worker to pay back the due
remuneration of his/her work from the rafting entrepreneur has
found true on the inquiry made on such application, then the
Ministry may pay the amount to the applicant from the bank
guarantee given by the rafting entrepreneur in the name of the
Ministry.
(2) The amount paid pursuant to Sub-rule (1) shall be
reimbursed as a bank guarantee by the rafting entrepreneur within
thirty five days.
(3) If the bank guarantee given by a rafting entrepreneur has
not been sufficient to pay the amount pursuant to the Sub-rule (1),
then the Ministry may give an order to submit such amount to the
concerned rafting entrepreneur & if such an order has been made
then it shall be the duty of the concerned rafting entrepreneur to
submit such amount.
(4) The license of the entrepreneur who has not submitted
the Bank guarantee or amount pursuant to Sub-rule (2) or (3) may
be cancelled by the Ministry.
Chapter âââ 4
Chapter â 4
Miscellaneous
23. Provisions Related to the environmental clearing and waste
management : (1) For the purpose of managing the used goods
in rafting or waste produced from it, the waste has been classified
as follow :
(a) The waste to be destroyed (decomposed)
(b) The waste to be recycled
(2) The goods included in the classification pursuant to Subrule(1)
shall be as mentioned in Schedule-7.
(3) The license holder rafting entrepreneur shall take
(collect) the waste pursuant to clause (a) of Sub-rule(1) in a place
not belonging to the source of water (Panighat) or essential utility
(Sandhi Sarpan) and shall manage to burn, destroy or bury by
digging a pit in accordance to the nature of such good in the
presence of an official (office bearer) of Local Village
Development Committee or Municipality or an office bearer of
ward committee under such committee or municipality and if such
officer bearer has been unable to present then in the presence of at
least two member & river guide of the rafting team.
(4) The license holder rafting entrepreneur shall submit the
waste pursuant to clause (b) of Sub-rule(1), If the local
Municipality, Village Development Committee or Ward
Committee under such Municipality or Committee has desired to
manage by receiving (taking) it then to such Municipality, Village
Development Committee on Ward Committee and if such
Municipality or Village Development Committee or ward
committee has not desired to take then to the body or agency
prescribed (specified) by the Ministry, by bringing it in
Kathmandu.
(5) The Municipality or Village Development Committee or
Ward Committee which has to manage the waste by taking it may
take fee upto Five Thousand Rupees from such rafting
entrepreneur.
(6) If the rafting entrepreneur has not managed the waste
pursuant to these rules and the local Municipality, Village
Development Committee or Word Committee has managed or
made to be managed then depending on the nature of the good to
be managed the amount upto Five Thousand Rupees shall be
provided for such management to the concerned Municipality or
Village Development Committee or Ward Committee.
(7) If such amount pursuant such Rule(6) has not been
provided, then the Ministry shall provide the five thousand rupees
from the amount kept by such entrepreneur in the Ministry as bank
guarantee, to such Municipality, Village development Committee
or Ward Committee.
(8) If the amount has to be provided pursuant to Sub-rule (7)
then the rafting entrepreneur shall submit the amount equivalent to
the bank guarantee to the Ministry.
(9) The Ministry may operate the necessary programs to
maintain the environmental cleanness and ecosystem of the rivers
that has been opened for rafting, in joint efforts collaborating with
the concerned Municipality, Village Development Committee &
concerned agencies.
24. Rafting to be made via Rafting entrepreneur : The tourists
making rafting shall make rafting only through the license holder
rafting entrepreneur pursuant to these rules if the permit has been
provided by the Ministry otherwise.
25. Copy to be granted: (1) If anyone has lost or destroyed the
license or permit may submit an application mentioning the reason
within the thirty five days of it.
(2) If the application submitted pursuant to Sub-rule (1)
found reasonable on the enquiry, the Ministry shall grant a copy of
license or permit to the applicant by taking two hundred rupees
fee.
26. Inspection to be made : (1) Ministry may make the inspection
of the office or the activities of license holder rafting entrepreneur
by designating any team or official.
(2) It shall be the duty of license holding rafting entrepreneur
to provide the details asked by the team or official coming for
inspection pursuant to Sub-rule(1).
27. Official Assigned : The official exercising the power (authority)
assigned pursuant to the section 45 C. of the Act shall be the
secretary of the Ministry.
28. Directives may be issued : The Government of Nepal may issue
the required directives to the license holding rafting entrepreneur
in time and again and it shall be the duty of the rafting
entrepreneur to obey (follow) such directives.
28a. Directory to be made and commenced : The Ministry shall
made and commence the directory under these Rules and Act, in
relation to operate the rafting business in manageable way.
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29. Code of conduct may be commenced: (1) The Ministry may
commence code of conduct by make it and that has to be followed
by license holder rafting entrepreneur, river guide and tourists in
the course of rafting.
(2) It shall be the duty of concerned license holder rafting
entrepreneur, river guides and tourist to follow the code of
conduct commenced pursuant to Sub-rule (1).
30. Annual Report to be submitted : The license holder rafting
entrepreneur shall submit a report every year by mentioning the
details of activities of transaction made by him/her after preparing
it in the format prescribed in Schedule-8. within the last day
(Masant) of Sharwan to the Ministry.
31. Change or amendment on Schedule may be made : The
Government of Nepal by publishing a notice in Nepal Gazette may
change or amend the Schedule.
32. Repeal : (1) The trekking and Rafting rules, 2041 has bean
repealed.
(2) The functions and actions done pursuant to the Trekking
& Rafting Rules, 2041 has been considered as made pursuant to
these rules.
Schedule âââ 1
Schedule â 1
(Related to Rule 4)
The application to be submitted for license
Shree The Ministry of Culture, Tourism &
Civil Aviation,
Subject: License to be provided.
To operate the rafting business I have applied for mentioning the
following details.
1. Rafting entrepreneurs’
(a) Name :
(b) Address :
(c) Share holder â Name & details of Proprietor :
2. The details of the capital investment made in rafting business :
(a) Paid up capital of the company :
(b) Issued capital of the company :
(c) Authorized capital of the company :
(d) Fixed capital of the company :
(e) Total Assets of the firm :
3. Estimated number of tourists to be served in upcoming three years
and details of foreign currency to be earned :
6. If Affiliation has to be made with foreign Rafting entrepreneur or
entrepreneurs of other similar nature then such details :
(a) Name : Telephone :
(b) Address : Fax :
Internet :
Email :
7. If other necessary matters :
8. Documents to be attached :
(a) Copy of memorandum of Association & Article of
Association of company, if company.
(b) Certificate of firm Registration, if firm.
(c) Copy of Nepalese citizenship certificate
The details mentioned above is true, if proved false, I/we shall be liable
for it as per the laws.
Applicants’
Signature :
Name :
Full address :
Date :
Schedule âââ 2
Schedule â 2
(Related to Sub-rule(1) of Rule 5)
License
Shree …………………………
Subject : License
This license has been granted to you pursuant to Sub-rule(5) of Rafting
Rules, 2063, to operate the rafting business.
License holder Rafting entrepreneur’s,
(a) Name :
(b) Address :
(c) Owner / Shareholder / Proprietor’s Name and details :
(d) Duration of the license :
License Issuing Officer’s
Signature :
Seal of the Office Name :
Designation :
Office :
Date :
Schedule âââ 3
Schedule â 3
(Related to Rule 11)
Application to be submitted for permit
Shree Ministry of Culture
Tourism and Civil Aviation,
Subject : Permit to be provided.
I have applied for, to work as a river guide mentioning the following
details.
Applicant’s
(a) Name :
(b) Full Address :
(c) Date of Birth :
(d) Educational Qualification :
(e) Father’s Name & Address :
(f) Grandfather’s Name & Address :
(g) Certificate of Training :
(h) Experience : Duration :
Name of the Agency & Place :
Applicant’s
Signature :
Date :
Schedule âââ 4
Schedule â 4
(Related to Rule 12)
River Guide Permit
Shree ………………………..
This permit has been granted pursuant to Rule 12 of Rafting Rules, 2063
to work as a river guide.
Permit holder’s :
(a) Name :
(b) Full Address :
(c) Date of Birth :
(d) Father’s Name :
(e) Grandfather’s Name :
(f) Duration of Permit :
Permit Issuing Officer’s
Signature :
Seal of Office Name :
Designation :
Office :
Date :
Schedule âââ 5
Schedule â 5
(Related to Rule 19)
The Contract between Rafting Entrepreneur and Workers.
We the rafting entrepreneur and worker has been agreed to employee and
to work Mr./Mrs./Ms ……………………………………. the son / daughter / wife
of ……………………………………………… residing in …………………….. District
…………………………….. Village Development Committee, Ward No. ………
for rafting related jobs in the ………………………. river permitted by
Government of Nepal according to the terms and conditions of providing
following facilities (privilege).
Facilities (privileges) :
1. …………………………………
2. …………………………………
3. …………………………………
Worker’s: On behalf of Rafting Entrepreneur’s:
Name : Name :
Signature : Signature :
Address : Designation :
Office :
Address :
Made on the date ……………… year ……….. month …………… day ……….. .
Schedule âââ 6
Schedule â 6
(Related to Rule 20)
The details of facilities to be provided to the River guide & workers
1. Minimum daily allowance to be provided to the river guide &
workers shall be at the following rate â
(a) Four Hundred Rupees for river guide.
(b) Two Hundred Rupees for workers.
2. The following rafting goods shall be provided to the river guide :â
(a) The safety goods necessary for rafting.
(b) Food, medicine and other treatment goods.
3. If any other additional facilities has to be provided then mention â
(a)
(b)
Schedule âââ 7
Schedule â 7
(Related to Sub-rule(2) of Rule 23)
(a) Waste that may be destroyed : Toilet papers, other papers,
cardboard, bamboo & goods make from bamboo & wood, Jute and
cotton bag, decayed foods, fruits and their cover and other similar
waste.
(b) Waste that may be Recycled : Tin, glass, bottle, plastic bag, gas
container, sleeping bag, plastic container, plastic rope & similar
recyclable waste.
Schedule âââ 8
Schedule â 8
(Related to Rule 8)
Report
Shree Ministry of Culture,
Tourism and Civil Aviation,
Subject : Report.
I/We have submitted this report with the following details made for the
period ……………….. to ……………… for the purpose of Rule30 of rafting
rules, 2063.
1. Number of Tourist arranged for rafting in Nepal :
2. The details of tourists who has been provided the service in
accordance with their nationality :
8. Amount of taxes paid during this period :
(a) Income Tax : Date of submission :
(b) Value Added Tax : Date of submission :
(c) Tourist service charge : Date of submission :
9. Details of physical infrastructure :
10. Details of physical goods brought on privilege :
11. Rafting entrepreneurs’,â
(a) Name & Address :
(b) Capital of the company :
(1) Issued capital ………………………..
(2) Authorized capital …………………..
(3) Paid capital ……………………….
(4) Fixed capital ………………………
For Rafting entrepreneurs submitting
the Report,
Signature :
Name :
(c) If firm the Assets of the firm ……………….
License Number & Date of issue :
Number of income tax certificate & duration :
The duration of license for foreign currency transaction:
Name of the major person of Rafting entrepreneurs :
Name of shareholders or proprietors :
(a)
(b)
(c)
Note :
(1) The registration number of vehicle shall be mentioned.
(2) This report shall be submitted by making signature of managing
director or main officer if the rafting entrepreneur has been a
company and owner of the firm, if it has been a firm.
(3) The Audit Report of income and expenditure shall be submitted to
the Ministry within one month of its preparation.
(Source: Nepal Law Commission)
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