Section 39: To be considered address of residence

1) If a person’s address of residence needs to be determined, the address given by him or her for that purpose, where he or she has so given, and if not so given, the place of his or her permanent residence within Nepal shall be considered to be the address of his or her residence.

2) If a person does not have a residence or his or her residence is not traced out pursuant to sub-section (1), the place of his or her abode for the time being shall be considered to be the address of his or her residence.

3) If a person does not have a residence or his or her residence is not traced out pursuant to sub-section (1) or (2), and the person has carried on any trade, business, employment or transaction, the place where he or she has so carried on trade, business, employment or transaction shall be considered to be the address of his or her residence.

4) Notwithstanding anything contained in sub-section (1), (2) or (3), where the address of a person’s residence is changed, the place where he or she is residing for the time being shall be considered to be the address of his or her residence.

5) If the residence of an incompetent or quasi-competent person needs to be determined, the place of his or her permanent residence, and if such place is not traced out, the place where his or her guardian or curator resides shall be considered to be the address of his or her residence.

6) Notwithstanding anything contained elsewhere in this Section, if a person considers any address as the place of his or her residence for a particular purpose, such a place shall be considered to be the address of his or her residence.