Section 165: Procedures for recovering personal claimed amount or compensation

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 sub section (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 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.

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 non-recovery 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 sub section (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.