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LUMBINI DEVELOPMENT THE LUMBINI MONASTIC ZONE BYE-LAWS 2058 (2002)  List Name of Monastic

In exercise of the Power conferred by Section 16 of the Lumbini Development Trust Act, 2042 (1985), the Lumbini Development Trust has made the following Bye-Laws will] the approval of His Majesty's
Government.

1. Short Title and Commencement

1. 1. These Bye-Laws may be called "(The) Lumbini Monastic Zone Bye-Laws." 2058 (2002)

2. 2. This Bye-Laws shall come into force at the (date of approval of His Majesty's Government.

2. Definitions

Unless the subject or context otherwise requires, in these Bye-Laws

1. 1. "Monastery" means all monasteries, gumbas, bihars or temple related will, the Buddhist religion or building or structure built for the purpose of performing worship, praying assembly or religious gathering etc.

2. 2. "Monastic Zone" means the Monastic Zone allotted in the Lumbini Master Plan of the Lumbini Development Trust for the purpose of constructing a Monastery.

3. 3. "Plot means piece of Land divided in three categories as allotted for the purpose constructing a Monastery in the Monastic Zone as per Lumbini Master Plan.

4. 4. "Land Charge" means the charge payable to tile Trust every year by tile Lessee of each plot of the monastic Zone under rule 7.

5. 5. "Service charge" means the charge to be collected by the Trust for the monitoring of the Monastery constructed in the Monastery area under sub-rule (4) of Rule 3.

3. Plots to be made available for Monastery

1. 1. If any friendly country or institution, organisation professing the Buddhist religion or relating with Buddhist religion makes a request to construct a monastery ill the Monastic Zone, and if the Trust, upon inquiring about necessary reliability as well as all matters, finds it appropriate, it may under lease-hold agreement with such party, make available any plot of land to such party

2. 2. Normally , only a single plot shall be made available to a single party. The Trust shall upon taking into account factors such as the demand, objective and requirement of the concerned party decide as to what type of plot shall be provided to the applicant.

3. 3. After the decision to provide plot to construct Monastery, tile party, getting the permission to construct Monastery temple gumba etc., shall deposit tell percent amount of the total estimated amount to the deposit account of the Trust at tile time of concluding of the agreement. Upon considering the work progress, out of such deposit amount it shall be returned maximum fifty percent after one year and twenty five percent in the second year and remaining twenty five percent after the completion of tile construction works.
   
   Provided that if the construction works have not been completed within the period under sub rule (4) of Rule 5 the Trust may forfeit tile deposit amount.

4. 4. The Party getting permission I construct Monastery temple, gumba Shall pay five percent of the total estimated amount to tile Trust as service charge for the monitoring by file Trust at tile time of' concluding of' the agreement
   
   Provided that if the estimated amount increases at the time of construction, the lease hold party shall pay the service charge of the increased estimated amount as well to tile Trust.

4. Period of Lease

1. 1. The period of the lease shall be as determined by the Trust. Such period shall be Maximum 99 years only.

2. 2. A lease shall not be entitled to sale, mortgage give to sub-lease or to give in any type of daily, annual or monthly rent to (anybody or to use contrary to the objective of the Trust without getting permission of the Trust.

3. 3. If anything contrary to the sub-rule 2 revealed the Trust shall give warning to such lesse and if such warning is also ignored, the Trust may terminate the agreement with such party.

5. Construction of Monastery

1. 1. The lesse may design the architecture of Monastery to be constructed in the Monastic Zone is per the traditional model of the country But the model should be approved by the Trust.

2. 2. For the construction as per sub-rule ( 1) all the responsibilities relating to such drawing, estimation and arrangement of required expenditure, and arrangement of' construction materials and construction works shall be of the Jesse The quantity of construction materials to be required for such construction works shall be submitted to the Trust

3. 3. Construction works shall be commenced only after getting approval from the Trust upon submitting drawings and designs of the whole building and the outer land use to be build in a plot taken by lessee, detailed particulars relating to the construction, necessary skilled manpower and the architecture and the analysis of technical aspects.

4. 4. Construction works shall be commenced within six, months of getting permission pursuant sub rule (3) and construction works shall be completed within three years from commence of the construction works.
   
   Provided that it shall not be mandatory to commence the construction works as per this sub rule in the following Situation,
   

   a.	In such a situation where construction materials could not be supplied even upon making efforts for the supply.
   b.	In such situation where the trust has restricted construction works due to special reasons.

5. 5. The agreement shall be terminated, if the construction works are not completed within the period under sub rule (4).

6. 6. The permanent structure of the building shall be built leaving twenty meters from the center point of' the pedestrian path shown in The Master Plan.

7. 7. Construction works shall be certified upon supervision in every three months by the concerned technicians of the Trust on the basis of approved design from the date of digging foundation to the of completion of the construction works.

8. 8. Construction materials to be used in the Monastic Zone shall be mandatory recorded.

9. 9. Notwithstanding anything mentioned in I these Bye-Laws no construction works shall be carried out Contrary to the Master Plan.

6. Facilities

1. 1. The Trust shall Initiate to gradually make, available the following physical facilities from the Trust to each plot subject to resources and means of His Majesty's Government.
   

   a.	Arrangement of drinking water
   b.	Electricity line
   c.	Telephone line
   d.	Sewerage
   e.	Road

   Provided that. the Trust shall arrange the temporary distribution of electricity with the objective that it shall not delay III construction works. The lesse ownself may make the following arrangements if the concerned lessee immediately needs the water and sewerage,
   

   a.	Arrangement of deep boring of tubewells.
   b.	Arrangements of septic tank for the disposal of sewerage.

2. 2. The installation cost and service charge for the facilitates available pursuant to sub rule ( 1) shall be borne by lesae himself

7. Nepalese Technician and Worker shall be Employed

Nepalese technician and workers shall be employed Ill file construction works.

Provided that, the concerned constructing party may bring most necessary skilled technicians and workers Ill a situation where it is required to construct as per the architecture or style of his country. Necessary assistance shall he provided to provide visa to such technician or workers till the date of construction as prevailing law of Nepal.

8. Assistance for the revision on tax or customs duty construction materials Or equipment

1. 1. Normally, construction materials produced ill Nepal shall he used in the construction works. in a situation condition to make payment III convertible foreign exchange In using Such construction materials, assistance shall be made available to relax the value Add Tax or to provide other tax exemption as per the prevailing law. Such assistance shall be provided only for the quantity of' the construction materials submitted under sub-rule (2) of rule 5.

2. 2. The construction agency may import those construction materials from abroad which are not available III Nepal III relation to such materials, assistance shall be provided to relax customs duty or other tax as per the prevailing Such assistance shall be, provided only for the quantity Of the construction materials submitted under sub rule (2) of rule 5.

3. 3. Assistance shall be provided to relax customs duty or tax as per prevailing law for any machine, equipment or vehicles to tic used in the construction works. Such machines and equipment shall be either handed over to the Lumbini Development Trust or returned own Country after the completion of construction works.

9. Land Charge

1. 1. The committee shall fix the land charge from time to time as per the plot to generate cost to be required for the operation, inspection follow up and maintenance of the monastery area. The lessee shall pay the land charge to the Trust.

2. 2. The land charge to be paid under sub rule (1) shall be paid before the end of the fiscal year for every fiscal year.

3. 3. If the land charge is not paid within the time limit referred to in sub rule (2), line of twenty-five percent for tile First three months and fifty percent for tile second three month shall also be reimbursed. If the land charge is not paid even within the said time limit tile agreement shall be terminated upon collecting kind charge as well

4. 4. The land charge under this rule may be paid in the convertible foreign currency.

10. Provisions relating to management of the Monastic Zone

1. 1. The responsibility of the operation, maintenance and cleaning of building and land situated in each plot shall be of tile lessee

2. 2. For performing of regular worship and pray in each Monastery up to maximum five Bikshus Lama and up to five assistants for their care shall be allowed to stay inside tile Monastery.

3. 3. The Trust may terminate this agreement as well, if the persons allowed to stay in the monastery commit anything prohibited under prevailing law and this By-Laws.

4. 4. The institution, association etc. leasing Monastery or plot shall compulsorily make available all the details of the persons staying in their Monastery etc. at the end of each month

5. 5. The concerned lessee shall construct and maintain
   the parking and greenery area allotted in the Monastery area.

6. 6. The officials of the Trust or the persons designated by The Trust may make inspection of the institution, associations or agencies, slaying in rent at any time. It shall be the duty of concerned to provide necessary co-operation in such inspection.

7. 7. In addition to the matters set forth ill these Bye-Laws other Mills and conditions of the lesse agreement may be determined by the Trust upon discretion or accepted by the both parties.

8. 8. If a lessee, upon expiry of an agreement I fails to renew the agreement or abandons a Monastery before the expiry of the agreement without getting permission of the Trust the Trust make appropriate arrangements about Such property.

11. Interpretation

The power of I final interpretation of these Bye-laws shall be vested in the committee

12. Repeal and Saving

1. 1. (The) Lumbini Monastic Zone I Bye-laws 2044 (1987) has been repealed.

2. 2. The acts done and action taken under (The) Lumbini Monastic Zone Bye-Laws 2044 (1987) shall be deemed to have been done or taken under these Bye-Laws

List Name of Monastic