Mountaineering Rules

Definition:

In these Rules, unless the subject or context otherwise requires,
(a) “Act” means the Tourism Act, 2035 (1978).
(b) “Permit” means the mountaineering expedition permit to be given to the mountaineering expedition team for climbing the mountain pursuant to these Rules.
(c) “Ministry” means the Ministry of Culture, Tourism and Civil Aviation.

Permit to be taken for the Mountaineering Expedition:

(1) The mountaineering expedition team desire to take permit for the mountaineering expedition, shall submit an application to the Ministry in the format as prescribed in Schedule-1. Period and Royalty for the Mountaineering Expedition: (1) The royalty for the mountaineering expedition team for mountaineering expedition shall be as prescribed in Schedule-4.
(2) 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.
(3) The preliminary mountaineering expedition permit of any mountaineering expedition team shall be cancelled if the rest of the royalty is not paid within the time frame pursuant to Sub-rule (2).

Delaying of Mountaineering Expedition Program and Change of Mountain:

(1) The mountaineering expedition team shall submit an application to the Ministry, before the commencement of the mountaineering expedition programme including the time frame and programme 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 programme or wants to change the mountain as prescribed in the permit.
(2) The Ministry may provide permit for delaying the programme upto Two years to that mountaineering expedition team who desires to delay the mountaineering expedition programme pursuant to Sub-rule (1).
(3) 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 additional royalty is needed to such mountain pursuant to Sub-rule (1). Provided that, the royalty amount paid earlier is higher than the changed mountain such a difference amount shall not be returned.

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 of Nepal.
(d) The team shall not carry any arms, ammunition and explosives etc. other than those permitted by Government of Nepal.
(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 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 liaison officer.
(i) The team shall work for non-polluting as prescribed by Government of Nepal.
(j) The team shall inform daily about the condition and programme of mountaineering expedition to the liaison officer.
(k) The Mountaineering expedition team having a permit for the mountaineering expedition of mountain adjoining the international border of Nepal with any other foreign country shall not violate the international border.

Approval to import the means of Communication:
Government of Nepal 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 programme, to the mountaineering expedition team having the permit.

Not to Discourage:

The mountaineering expedition team and institution arranging of mountaineering expedition shall not discourage the liaison officer to go with the mountaineering expedition team.
Functions and duties of a Headman: The functions and duties of a headman shall be as follows,-
(a) To work coordinating with the liaison officer,
(b) To work in 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 to supply (transport) the food and equipment to the camp in appropriate time.
(f) To help to rescue the liaison officer, any member of the mountaineering expedition team, mountain guide or high altitude worker, base camp worker or local worker if they have to face any problem.
(g) To carry or cause to carry out the necessary work relating to environment cleanness or garbage management as prescribed by these Rules and as determined by the Ministry.
(h) To function as instructed by the Ministry or liaison officer. 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, and high altitude worker if they are accompanied with the mountaineering expedition team up to the last camp.

Weight of the Load:

(1) The mountaineering expedition team shall not allow any local worker to carry a load of more than thirty Kilogram.
(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 Kilogram
(b) For the altitude from 6001 to 7000 meters – Seventeen Kilogram
(c) For the altitude from 7001 to 8000 meters – Fourteen Kilogram
(d) For the altitude of more than 8000 meters -Twelve Kilogram
(3) Notwithstanding anything contained in Sub-rule (1) and (2), it may be allowed to carry unto extra Five Kilogram weight upon mutual consent among liaison officer, leader of the mountaineering expedition team and the worker in a special situation.

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 Nepal of the amount as prescribed by the Ministry.

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 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 liaison 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 liaison 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, liaison officer and headman.

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 liaison 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 these Rules.
(c) To manage garbage produced in the caravan route, base camp and above the base camp as per these Rules.
(d) To carry or cause to carry out as per the instruction of the Ministry and liaison officer and the terms as specified by these Rules.

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.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.

Broadcasting of News Relating to Mountaineering Expedition:
The mountaineering expedition team shall provide all the news relating to mountaineering expedition through the liaison officer to the Government of Nepal.

Restriction on Sale of the of Commodity:
The mountaineering expedition team shall neither sell nor transfer the ownership of the commodity without the approval of Government of Nepal which was imported under these Rules or any prevailing law upon getting exemption on custom duties.

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 these Rules.

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 is to be re-imported
(2) The materials to be considered the garbage pursuant to Subdue (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 such a 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 of Nepal 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 liaison officer or representative of the concerned local body and if such liaison 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 it to the institution or body as prescribed by Government of Nepal.
(5) The mountaineering expedition team shall take out the garbage pursuant to Clause (c) of Sub-rule (1) to his/her own country.

To manage the dead body of Liaison Officer of the Mountaineering Expedition Team or other person:
(1) If a liaison officer, member of the mountaineering expedition team, Sardar, Mountain guide, high altitude worker base-camp worker or local worker dies the concerned leader of the expedition team shall transfer and manage such body lower altitude than base camp in such a way that it shall not go into the glacier (Himnadi). (2) If the leader of the mountaineering expedition team dies, the member of the mountaineering expedition team and if the single member of the one member mountaineering expedition dies or all the members of the mountaineering expedition team dies, the institution managing the concerned mountaineering expedition shall transfer and manage such body lower altitude than base camp in such a way that it shall not go to the glacier.

(3) If member of the mountaineering expedition team or worker or other person related to mountaineering expedition dies due to crevasse, buried in avalanche (snow slide) or any other cause (reason) and the situation (location) of the body is uncertain, the institution managing the concerned mountaineering expedition or mountaineering expedition team, liaison officer and other person involved in search and rescue shall submit the report accordingly.

(4) If the application is received pursuant to Sub-rule (3), the Ministry shall issue an order to transfer and manage to the lower altitude than the base camp in such a way that it shall not go to the glacier. When recovered not glacier and shall carry out (Kabuliayat) with such situation for the same.

(5) It shall be the duty of concerned institution managing the mountaineering expedition to abide by the conditions mentioned in an order or as provided by the Ministry pursuant to Sub-section (4).

(6) If the report received pursuant to Sub-section (3) is proved false, the Ministry shall write to take an action as per prevailing law to the concerned institution, mountaineering expedition team, liaison officer and the involved in the search and rescue and to an civil employee as per the prevailing laws relating to condition of service. Provided that, the employee under the Ministry shall be taken an action by itself.

(7) The Ministry may make necessary provision of regarding the dead body of the member of the expedition team or other person before the commencement of these Rules.

To be returned in the Base Camp:

(1) The mountaineering expedition team shall return in the base camp within the following time
Inserted by First Amendment.

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.

Royalty may be exempted:

Notwithstanding anything contained in these Rules, Government of Nepal may exempt full or partial royalty (Salami) of the mountaineering expedition team under these Rules by a Notification published in the Nepal Gazette to Nepalese mountaineering expedition team, Nepalese member joined in the foreign expedition team or any Mountaineering Expedition Team to climb the following mountains,-
Amended by First Amendment.
(a) Mountain in Low pressure which is climbed by less than Three mountaineering expedition team in one fiscal year.
(b) Mountain situated in Midwest and Far western Development Region.
(c) Mountain which is technically easy and can be climbed in a short span of time.
(d) Specific mountain which is prescribed by the Government of Nepal.
(e) Any other mountain which is to be climbed between 15 Jestha to 15 Bhadra (about June to August) and 1st Poush to Falgun 15 (about Mid December to February).

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 a format as prescribed in Schedule-13.

Source: Nepal Law Commission - Mountaineering Expedition Rules, 2059 (2002)