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Chapter-8 Provision Relating to Conduct

Chapter-8 Provision Relating to Conduct
61. Conduct of the Official Involved in Public Procurement Proceedings:

(1) Any officials involved in the act of formulating procurement plan, operating procurement proceedings, implementing procurement contract or other act as prescribed relating to procurement of the Public Entity, shall have to follow the following conduct:-
(a) Discharging one’s duty impartially so that bidders fairly compete in the procurement proceedings,
(b) Operating procurement proceedings in public interest, (c) Not committing an act conflicting interest with the
procurement from his/her work or conduct or behavior,
(d) Keeping confidential all proprietary information of the bidder known by him /her in the course of the procurement proceedings,
(e) Not working with a person, firm, organization, company and any other institution of private nature with which s/he had had dealings of procurement at the time of holding post for two years after retirement,
(f) If s/he knows that his/her nearest relatives have participated as a bidder or proponent in the procurement proceedings of his/her involvement, not taking part in such procurement proceedings by giving immediate notification to one level   higher authority,
Explanation: For the purpose of this clause nearest relative means husband, wife, father, mother, son, daughter of a joint family, mother-in-law, father-in-law, elder brother, younger brother, elder sister, younger sister, son-in-law, sister-in-law or brother-in-law.
(g) Not committing an act in contravention of prevailing law,  while carrying out procurement proceedings,
(h) Not committing corrupt or fraudulent practice nor involving in such act,
(i) Not colluding or involving in a group prior to or after
submitting bid or proposal with the objective of forbidding or
causing to be forbidden the benefit of competition.

62. Conduct of Bidder or Proponent: (1) A bidder or proponent shall have to
accomplish such obligation as referred to in this Act or Regulations made
thereunder, procurement contract and other documents relating to procurement.
(2) Without prejudice of the generalities of the provision of Sub-section
(1), a bidder or proponent shall not carry out or cause to be carried out the
following act with the intention of making interference in the procurement
process or the implementation of procurement contract:-
(a) Giving or offering directly or indirectly improper inducement,
(b) Submitting a fact by distortion or misrepresentation,
(c) Engaging in corrupt or fraudulent practice or involving in such
act,
(d) Intervening in the participation of other competing bidder or
proponent to be involved in any way in the proceedings
relating to bid or proposal,
(e) Commit an act of threatening directly or indirectly to cause
harm to the body, person or property of any person to be
involved in the procurement proceedings or coercive act,
(f) Making collusion or involving in groupism prior to or after
submission of bid or proposal with the objective of allocating
procurement contract among the bidders or proponents or
fixing the price of bid or proposal artificially or
noncompetitively or otherwise forbidding the Public Entity of
the benefit of open and free competition,
(g) Contacting the Public Entity from the time of the opening of
bid or proposal until the notice of acceptance of bid or
proposal is given with the objective of causing interference
upon bid or proposal or committing an act of interference in
the examination or evaluation of bid or in the evaluation of
proposal.
(3) A bidder responsible for preparing bidding documents or
specifications of a procurement contract or for supervising the implementation
procurement contract or a person or firm or organization or company affiliated
with him/her, or an employee working in such firm or organization or company
cannot participate in the bidding proceedings of such procurement.
Provided that this provision shall not be applicable in the case of a turn
key procurement contract or procurement contract so concluded as to carryout
both the design and construction work.
63. Blacklisting and Exclusion From the Blacklist: (1) The Public Procurement
Monitoring Office may blacklist a bidder, proponent, consultant, service
provider, supplier, construction entrepreneur or other person, firm, organization
or company in the following grounds from one year to three years on the basis
of seriousness of his/her/ act:-
(a) If it is proved that s/he has committed an act contrary to the
conduct as referred to in Section 62,
(b) If a proponent of a proposal selected for acceptance does not
come to sign the contract pursuant to Section 38,
(c) If it is proved latter that s/he had committed substantial defect
in implementing procurement contract or had not substantially
fulfilled obligation under the contract or the work carried out
according to the procurement contract is not of the quality as
per the said contract,
(d) If convicted from a court of law in a criminal offense liable to
be disqualified for taking part in procurement contract,
(e) If s/he/it is proved of having signed the procurement contract
by falsifying qualification or misrepresenting,
(f) Any other conditions as prescribed.
(2) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1) shall be debarred from taking part in the
procurement proceedings of a Public Entity up to that period.
(3) Notwithstanding anything contained elsewhere in this Section, a
person, firm, organization or company blacklisted by a competent authority
under prevailing law for not paying a loan of a bank or financial institution shall
not be eligible to take part in the procurement proceeding of a Public Entity
during the period of such blacklisting.
(4) If the person, firm, organization or company ineligible to take part in
the public procurement proceedings pursuant to Sub-section (2) or (3) is found
to have taken part in a procurement of a Public Entity, no action shall be taken
over his/her bid or proposal.
(5) Other provision concerning blacklisting pursuant to Sub-section (1)
shall be as prescribed.
(6) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1), (2), (3), (4), and (5) shall be excluded
from the blacklist as per the criteria prepared by the Public Procurement
Monitoring Office for exclusion from the blacklist.

Chapter-9 Provision Relating to Monitoring of Procurement Activities

Chapter-9 Provision Relating to Monitoring of Procurement Activities
64. Public Procurement Monitoring Office:

(1) A Public Procurement Monitoring Office under the Office of the Prime Minister and Council of Ministers shall be established in order to monitor procurement activities, (2) The chief of the office under Sub-section (1) shall be an employee of the gazetted special class of the civil service of Government of Nepal.
(3) Notwithstanding anything contained elsewhere in this Section until the Public Procurement Monitoring Office is established pursuant to Sub- section (1), the Office of the Financial Comptroller General may function as the
Public Procurement Monitoring Office for not exceeding six months.
65. Functions, Duties and Powers of Public Procurement Monitoring Office :
(1) The functions, duties and powers of the Public Procurement Monitoring Office, in addition to the ones referred to elsewhere in this Act, shall be as follows:-
(a) To make recommendation to the government of Nepal for reform in the procurement policy or laws in force,
(b) To issue technical guidelines and manuals required for implementing this Act,
(c) To prepare standard model of the standard bidding documents, prequalification documents, procurement contract document and documents relating to proposal to be used by a Public
Entity to conduct procurement proceedings,
(d) To collect statistics of procurement proceedings to be operated or operated by a Public Entity and to monitor or to make or cause to be made technical auditing of whether or not such  proceedings are conducted in compliance with this Act or Regulations or manual, made thereunder.
(e) If the Public Entity seeks opinion, advice about a matter as referred to in this Act or Regulations, Manuals made there- under, to provide opinion, advice,
(f) To establish and operate procurement website,
(g) To publish a bulletin in order to have made public this Act and the Regulations, Manuals, Technical Notes made thereunder and public procurement related writings, article, material and similar other matters,
(h) To prepare procedures required for coordination in the procurement proceedings and submit to the Government of Nepal for approval,
(i) To make arrangements for regular training program for the bidder or the employee involved or to be involved in
procurement proceedings,

(j) To make necessary criteria of exclusion from the blacklist under Section 63 and exclude from such blacklist as per such criteria,
(k) To review, appraise construction works, supply, consultancy service, and other services system in order to make the procurement system effective, and to solicit regularly suggestion from customers or international organization and other foreign bodies as per necessity,
(l) To prepare plan of domestic or foreign assistance required to systematize and reform procurement system and to act as the central body for coordinating such assistance,
(m) To submit the annual report of the procurement proceedings to
the Government of Nepal, and
(n) To do other prescribed functions.
(2) Notwithstanding anything contained in Sub-section (1), the Public
Procurement Monitoring Office shall not involve in any manner in the
procurement proceedings, except the procurement proceedings of its office, of
other public entities nor shall resolve any dispute arisen in respect thereof.
(3) The Public Procurement Monitoring Office shall carry out the work
of the secretariat of the Review Committee under Section 48 and it shall have to
make arrangements of the budget required for the committee.

Chapter-10 Miscellaneous

Chapter-10 Miscellaneous
66. Provision Concerning Procurement to be Made in Special Circumstances:
(1) Notwithstanding anything contained elsewhere in this Act, where the occurrence of special circumstance has created a situation in which, if a procurement is not made immediately, the public entity will sustain further loss,
the Public Entity may procure or cause to be procured immediately.
(2) The chief of the Public Entity shall have to give information of the circumstances under Sub-section (1) and the detailed description concerning the procurement to be made immediately to one level higher authority.
(3) Other provision concerning procurement to be made in special circumstances shall be as prescribed.

67. Procurement Process under this Act not to be Applied:

(1) Notwithstanding anything contained elsewhere in this Act, the procurement process under this
Act need not be applied in the following conditions:-
(a) If the Government of Nepal decides that procurement relating to security, strategic or defense by application of the process in accordance with this Act is not appropriate for the interest of national security or defense , or
(b) If as per the agreement between government of Nepal and donor party, procurement is to be made in accordance with the Procurement Guidelines of a donor party.
(2) In making a decision pursuant to clause (a) of Sub-section (1), Government of Nepal shall have to state reasons for procurement and determine separate procedure related thereto as well.

68. Method of Communication:

(1) Any document, notice, decision or other information as referred to in this Act and Regulations made thereunder, bidding documents, documents relating to request for proposal or procurement contract
as to be given by the Public Entity to a bidder, consultant or by a bidder or consultant to the Public Entity shall, unless otherwise provided for in this Act, be given in writing.
(2) In case where a notice transmitted pursuant to Sub-section (1) could not be served due to failure to trace out the address of the recipient bidder or consultant or for any other reason, a public notice shall be published in a
newspaper of national circulation stating therein brief description thereof and where a notice is so published such person shall be deemed to have received the notice.

69. Procurement Transaction May be Carried Out Through Electronic Communications Means: (1) Notwithstanding anything contained elsewhere in this Act, Government of Nepal may, by publication of a notice in the Nepal
Gazette, provide a mechanism that the Public Entity may arrange, through the means of electronic communications, invite a pre-qualification proposal, issue notice of bid invitation, prepare a short list by inviting expression of interest, invite a proposal of consultancy service, transmit bidding or pre-qualifying documents, receive bids, proposals for pre-qualification or consultancy services, conclude the procurement contract, make payment and give and receive other notices.

(2) The means of communications under Sub-section (1) shall be used in
the following manner:-
(a) That the content of communications in such means of
communications is legally valid and preserved,
(b) That the security of such communications means is adequate,
(c) That bidder’s access to the procurement proceeding is not
inappropriately restricted,
(d) That it is not in contravention of this Act and rule made
thereunder and other prevailing law.

70. Legal Documents to be kept in Website: For information and convenience of general public, this Act and Regulations and Procurement Manuals made thereunder shall be kept in the website of the Public Procurement Monitoring Office.

71. Evaluation Committee to be Formed: (1) The Public Entity shall have to form an evaluation committee as prescribed for examination and evaluation of the pre-qualification proposals, bids, expression of interest or proposals of consultancy services or sealed quotation.
(2) The functions, duties and powers of the committee formed pursuant to Sub-section (1) shall be as prescribed.

72. Records of Procurement Proceedings: The Public Entity shall have to keep safely the records of the documents of the procurement proceedings for a prescribed period.

73. Delegation of Power: Out of the powers conferred on him/her by this Act or rule made thereunder, a competent authority may delegate the powers other than the prescribed one, to any staff.

74. Power to Make Rules: (1) The Government of Nepal may make Rules required for implementation of the objective of this Act.
(2) Notwithstanding any thing contained in Sub-section (1), the Public Entity other than the one as referred to in sub-clause (1) of clause (b) of Section 2 may make necessary Rules subject to the Act, Rules or Formation
Order relating to such entity.

75. Repeal and Amendment:

(1) The provision to Section 168 of the Traffic and Transportation Management Act, 1992 is hereby repealed.
(2) Notwithstanding anything contained in prevailing law, legal provision relating to the procurement of the Public Entity under clause (b) of Section 2 shall be deemed to have ipso facto been so amended as to be
compatible to this Act to the extent of their inconsistency with this Act.
(3) Instead of Section 7 of Financial Procedure Act, 1998, the following Section 7 has been substituted:-
“7 Procedure of Making Expenditure: Provision concerning financial administration relating to operation of government transactions and project  implementation, deposit, charges, service fee, taking advance and settlement
thereof, preservation of government’s cash and goods-in-and property, auction, remission, and other miscellaneous provision and procedure related thereto shall be as prescribed.”

76. Saving: All the acts and proceedings relating to procurement carried out under the Financial Procedure Act, 1998 and the Financial Administrations Regulations, 1999 made thereunder and the provisions of the Act, Rule or
Formation Order related to procurement of the Public Entity as referred to in sub-clause (2), (3), (4), (5) and (6) of Clause (b) of Section 2 shall be deemed to have been carried out under this Act.

Public Roads Act, 2031 (1974)

Public Roads Act, 2031 (1974)
Date of Authentication and Publication
2031.6.20.1(6 Oct. 1974)
Amendments :
1. Public Roads (First Amendment) Act,
2035(1978) 2035.5.21(6 Sept. 1978)
2. Public Roads (Second Amendment) Act,
2046 (1989) 2046.7.11(27 Nov. 1989)
3. Administration of Justice Act,
2048(1991) 2048.2.16(30 May 1991)
2. Republic Strengthening and Some
Nepal Laws Amendment Act, 2066
(2010) 1 2066.10.7(21 Jan. 2010)
Act Number 21 of the year 2031 (1974)
An Act Made To Provide For the Development, Maintenance and
Expansion of Public Roads
Preamble : Whereas, it is expedient to make provisions to classify all kinds of
public roads and acquire lands required for the development, maintenance,
expansion or improvement of the public roads and to collect development tax from
landholders near the roads who benefit from the public roads, in order to maintain
the convenience and economic interest of the general public;
Now, therefore, be it enacted by His Majesty King Birendra Bir Bikram
Shah Dev, on the advice and with the consent of the Rastriya Panchayat

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short Title, Extent and Commencement :

(1) This Act may be called the “Public Roads Act, 2031 (1974)”.
(2) It shall come into force throughout Nepal.
(3) Chapter-4 of this Act shall come into force in such area or region on such date as specified by the Government of Nepal by a Notification in the Nepal Gazette, and the other Sections shall come into force immediately.
2. Definitions : Unless the subject or context otherwise requires, in this Act:
(a) “Public roads” mean roads that are not subject to personal possession by any person, and this term also includes all kinds of bridges, causeways, culverts, 2 bi-cycle ways and footpaths.
(b) “Road border” means a public road and the area of land as prescribed on the right and left hand sides of the central line of such a road, pursuant to Section 3.
(c) “Land” means any land, and this term also includes a shed, house, building, tree etc. situated in and anything permanently fixed to such a land.
(d) “Local Authority” means the authority designated by the Government of Nepal, and the Chief District Officer where no authority is so designated.
(e) “Department of Roads’ means the Department of Roads of the Government of Nepal.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

Chapter-2 Classification of Public Roads, Road Border and Acquisition of Land

Chapter-2 Classification of Public Roads, Road Border and Acquisition of Land
3. Classification of Public Roads and Road Border Thereof : The Government of Nepal shall, by a notification in the Nepal Gazette, classify the public roads as follows and specify the road border not exceeding Thirty One meters on both right and left hand sides from the central line of such roads. Provided that even in relation to the whole length of the same kind of road, the Government of Nepal may, owing to the topography and habitation, 3 specify the required border also setting out the four boundaries  to limit speed or for the safety of a bridge or the river banks around the bridge:
(a) High ways,
(b) Feeder roads,
(c) District roads,
(d) Urban roads.
4 3A. Power to prohibit the making of building etc. within the prescribed distance : (1) The Government of Nepal may prohibit any person from building any kind of permanent structure or building within
such distance specified by the Government of Nepal by a Notification in the Nepal Gazette, as not exceeding Six meters from the road border where it has been specified pursuant to Section 3 and from the side of the public
road where the road border has not been specified.
5 Provided that, the provisions of prevailing laws shall be applicable in the areas where Town Development Plan is being implemented.

(2) If any person constructs any kind of permanent structure or building within the distance prohibited pursuant to Sub-section (1), such a structure or building may be demolished by the order of the Department of
Roads. The Department of Roads may recover also the expenses incurred in the demolition of such a structure or building from the concerned person.
4. Power To Acquire Land for Public Roads and Road Border : If it is required to acquire any land for the development, expansion or improvement of a public road or the road border, the Government of Nepal
may temporarily acquire the land in accordance with the laws in force in relation to the acquisition of land.
5. …………… 6
6. …………… 7
7. …………… 8
8. …………… 9
9. …………… 10
10. …………… 11
11. …………… 12
12. …………… 13
13. ……………14

Chapter-3  Monitoring, Maintenance of Public Roads and Other Provisions

Chapter-3  Monitoring, Maintenance of Public Roads and Other Provisions
14. Power to Requisition Other Land in Developing, Expanding or Improving Roads : (1) The Department of Roads may temporarily requisition any land for the following purpose until the development,
expansion or improvement of a public road is completed:
(a) To hold (store) the construction materials and equipment required for the development, expansion or
improvement of such a road and to build a house, and/or shed for the persons who monitor or control the
acts relating to such development, expansion or improvement,
(b) To build a separate road of temporary kind as required to continue the traffic or movement in such a road until
the development, expansion or improvement of such a road is completed or to transport the materials or
equipment related thereto until the development is completed.
(2) The following house, land shall not be requisitioned except in a special situation for the purpose set forth in Sub-section (1):

(a) A house, shed or structure being used by a person for habitation,
(b) A land being used for a shrine, school, hospital, public rest house (Dharmashala) or orphanage.
(3) A land requisitioned pursuant to Sub-section (1) shall, after the completion of the purpose for which it has been requisitioned, be returned to the concerned landowner or his or her heir in the same condition as it
was when requisitioned, to the extent possible.
15. Compensation of Land To Be Requisitioned and Fixation of Compensation : No compensation shall be provided against the  requisition of any land pursuant to Section 14 except in the following circumstance:
(a) Where any land along with a house, shed or structure has been requisitioned, the loss sustained by the owner of such a house, shed or structure because of being unable to use the same,
(b) Where any land has been requisitioned for a period beyond the time for cultivation of crops, loss sustained by the
concerned landowner because of being unable to cultivate the crops,
(c) The amount that had to be borne by the person entitled to have any requisitioned land returned to restore the land into  the situation when requisitioned as a result of building any
temporary road or holding construction materials in the land.
(2) The amount of compensation as referred to in Sub-section (1) shall be determined as follows:
(a) As per the agreement, if any, concluded between the Department of Roads and the concerned landowner,
(b) If agreement cannot be made pursuant to Clause (a), compensation shall be fixed by arbitration, and there shall be following arbitrators for that purpose:
(1) One member of the District Development Committee or Village Development Committee as designated by
the District Development Committee, (2) Chief District Officer, and (3) Chief of Land Administration Office or Land Revenue Office.

16. Plantation of Trees on Both Sides of Road and Taking Care Thereof :

(1) The Department of Roads shall plant trees on the right and left hand sides of a public road, as per necessity.
(2) It shall be the duty of the concerned Village Development Committee or Municipality to take care of and protect the trees planted pursuant to Sub-section (1).
(3) It shall be the responsibility of the Department of Roads to trim the trees planted pursuant to Sub-section (1) and remove such trees if they obstruct the movement or traffic.
(4) 15 Notwithstanding anything contained in Sub-sections (1), (2) and (3), the Department of Roads may get the acts mentioned in these Sub- sections carried out by any other person or organization as prescribed.
16 16A. Determination of Ceiling of Weight : The Government of Nepal may, by a Notification in the Nepal Gazette, specify the ceiling of load that a public road can bear and prohibit the plying of a motor vehicle with a load
exceeding the ceiling so specified.

17. Soil, Stone Or Sand May Be Taken From Land In Vicinity :

(1) If it is necessary to take soil, stone or sand from any land in vicinity for the development, maintenance of a public road, the soil, stone or sand in required quantity may be taken by the order of the Department of Roads. If,
in taking soil, stone or sand from such a land, any damage is caused to any crops, plants, trees or other things in that land, compensation shall be paid for such damage. If in taking soil, stone or sand from such a land, any hole
is made, compensation in the sum required to fill up the hole has to be paid.
(2) Notwithstanding anything contained in Sub-section (1), if it is required to take soil, stone or sand from a surrounding land near any house, soil, stone or sand shall not be taken from such a land without obtaining
approval from the concerned house owner.

18. Power To Remove Goods Causing Obstruction To Movement On
Public Roads : (1) If the movement on a public road is obstructed in any
manner as a result of any goods left, placed or thrown on the public road,
the Department of Roads may issue an order to the concerned person to
remove such goods within a reasonable period of time as specified in the
order.
(2) The Department of Roads may set aside on the road any goods
that have not been removed within the period of order issued pursuant to
Sub-section (1) or of which owner has not been identified or take such
goods elsewhere to be held in its possession.
(3) Notwithstanding anything contained in Sub-section (1), if any
goods left, placed or thrown on a public road cause obstruction to the whole
movement of such a road, the Department of Roads shall have the power to
immediately remove such goods from the road.
(4) If it is held that anything or arm or branch of a door or tree or
wire, other than the goods as referred to in Sub-section (1), that is so held,
installed or made with a house or wall on either side of a public road as to
project towards the road causes obstruction to the movement on the road,
the Department of Roads may issue an order to the concerned person to
remove such obstruction or arrange the goods in a manner not to cause
obstruction within a reasonable period of time as specified in the order, and
may also specify in the order the form or structure in which the concerned
goods or door have to be held, made or installed and the height that has to
be maintained by cutting the trees or branches thereof.
Provided that, if it is required to remove any goods or door already
made or held prior to the commencement of this Act, the Department of
Roads shall provide compensation for the same and bear the expenses to be
incurred in some alteration therein if such alteration is to be made.
(6) In the event of failure to do act as mentioned in the order within
the time limit specified pursuant to Sub-section (4) or even within the time
limit extended pursuant to Sub-section (5), the Department of Roads may
do, or cause to be done, the act set forth in such an order by deputing its
own employee or other person. 17 In such a case, the concerned person shall
not be entitled to claim any compensation or expenses pursuant to the
proviso to Sub-section (4).
18 19. Prohibition On Doing Any Act On Public Roads Or Road Border
Without Obtaining Permission: (1) No person shall build an access
road joined to a public road or dig or demolish a hole or ditch on a public
road or within the road border or install or place barrier, peg or fort on the
public road or build a house or shed thereon or cultivate a land within the
road border or do any other similar act without obtaining the permission of
the Department of Roads.
(2) If any person does any act as set forth in Sub-section (1) without
obtaining the permission of the Department of Roads, the Department of
Roads shall also institute an action, if required to be instituted pursuant to
the other Sections of this Act against that person and may issue an order to
the concerned person to close down the access road built, fill up the hole or
ditch dug or remove the barrier, fort or peg made or demolish the house or
shed built or barren the land cultivated without obtaining the permission
within a reasonable period of time as specified in the order.
(3) If the concerned person fails to observe the order issued pursuant
to Sub-section (2), the Department of Roads may close down the access
road built, fill up the hole or ditch dug or remove the barrier, fort or peg
made or demolish the house or shed built or barren the land cultivated by
that person, and recover the expenses incurred therein from the concerned
person.
20. Power To Cause Deposit Furnished Or Collect Fees : (1) If any
person is required to dig or demolish a public road or road border for any
work, the person has to obtain permission of the Department of Roads, and
if a request is made for such a permission, the Department of Roads shall
make necessary inquiry into the matter and may give permission by taking
a deposit of the expenses that may be incurred in maintaining and restoring
into its original form of the public road or road border to be so dug or
demolished.
(2) In giving permission to dig a public road or road border pursuant
to Sub-section (1), the Department of Roads may specify the manner to be
followed in so digging of the public road or road border and other terms to
be observed until the purpose for which it is to be dug is served, and if the
Department of Roads thinks it necessary to have a bond executed by the
person asking for permission to observe such terms, it may also have such a
bond executed.
21. Power Of Department of Roads To Recover Expenses : (1) The
Department of Roads may recover the amount of expenses incurred in
setting aside the goods left or held on the road pursuant to Sub-section (2)
of Section 18 or doing any work pursuant to Sub-section (6) of that Section
from the concerned person.
(2) The Department of Roads shall issue a time limit of Thirty Five
days in the name of the concerned person to pay the amount to be recovered
pursuant to Sub-section (1), and shall institute action to make recovery as
government dues in the event of failure to pay the amount even within the
said time limit or to make a request for additional time limit.
(3) If the Department of Roads has taken into its control any goods
left or held in a manner to obstruct the movement on a public road, it may
hold up such goods until the expenses incurred in setting such goods aside
or taking them elsewhere are recovered; and if such expenses cannot be
recovered until One year or the owner of such goods cannot be found out,
such goods shall devolve on the Government of Nepal.

Chapter-4 Provisions Relating to Development Tax

Chapter-4 Provisions Relating to Development Tax
22. Power to Recover Development Tax : The Government of Nepal may
once levy the development tax on lands on either side of a road
developed/built after the commencement of this Act and recover such tax.
23. Land Subjected to Development Tax and Division of Portion
Thereof :
19 (1) The development tax shall be levied on the land that is
within Two Hundred Fifty meters on either side from the road border, if
any specified, and from the road edge where the road border has not been
specified.
Provided that, no development tax shall be charged on the land
falling within the prescribed distance in which construction of a permanent
structure or building is prohibited pursuant to Section 3A.
(2) For the purpose of the development tax, the land as referred to in
Sub-section (1) shall be divided into 125-meter portions and classified as
follows:
(a) Land of up to 125 meters as portion “A”,
(b) Land of 125 meters to 250 meters as portion “B”.
24. Determination of Development Tax : (1) The development tax shall be
collected in an amount to be set by the following percent of the price of a
land in a region or area set for the payment of compensation in acquiring
the land pursuant to Section 5:
(a) 20 per cent for a land of portion “a”,
(b) 10 per cent for a land of portion “b”.
Illustration: In acquiring a land in a region or area, compensation
has been paid by setting the price of the land at the rate of Rs. 5,000.00 per
Ropani, and out of a total of One and half Ropani of the land of a person
subjected to tax in such a region or area, half Ropani land falls within
portion “a” and One Ropani within portion “b”, the amount of development
tax required to be paid by that person pursuant to this Section shall be as
follows:
Rs. 500.00 by 20 per cent of half Ropani falling within
portion “a”
Rs. 500.00 by 10 per cent of One Ropani falling within
portion “b”
Total Rs. 1,000.00
(2) Notwithstanding anything contained in Sub-section (1), if the
Government of Nepal considers necessary to reduce the rate of the
development tax leviable on a land or make exemption from the
development tax levilable on the land, in consideration of the situation of
the land or for any other reasons, it may, by a Notification in the Nepal
Gazette, reduce the rate of the development tax or make exemption from
the development tax. The Government of Nepal shall also take into account
of the recommendation of the compensation fixation committee in relation
to the reduction of the rate of the development tax or make exemption from
the development tax.
25. Period For Payment Of Development Tax and Office: (1) The
development tax required to be paid pursuant to this Act has to be paid to
the prescribed office in the installments as prescribed.
Provided that, if a person wishes to pay in lump sum the whole
amount of the development tax required to be paid by the person, this
Section shall not be deemed to bar for making of such payment.
(2) The time limit for the payment of the development tax and other
relevant procedures shall be as prescribed.
26. Development Tax To Be Recovered as Due Land Revenue : (1) If a
person does not pay the development tax within the time limit as referred to
in Section 25, action shall be taken and the recovery thereof shall be made
as if it were due land revenue in accordance with the Nepal laws in force.
(2) Where the concerned land has to be auctioned while taking
action for the recovery of the development tax that is due pursuant to Sub-
section (1), notwithstanding anything contained in the Nepal laws in force,
auction sale of the land subjected to such development tax shall be made
only after obtaining the approval of the Government of Nepal Ministry of
Works and Transportation

Chapter-5 Miscellaneous

Chapter-5 Miscellaneous
27. 20 Authority For Determination of Compensation and Petition
Against Determination :

(1) The amount of compensation to be provided pursuant to Sub-section (4) of Section 17 or Sub-section (4) of Section 18 shall be as determined by the Department of Roads in presence of the concerned Ward Member of the local Village Development Committee or Municipality.
(2) A person who is not satisfied within the compensation determined pursuant to Sub-section (1) may make a petition to the  Government of Nepal within Thirty Five days after the date of receipt of
the notice of compensation.
28. 21 Not To Bar Requisition Of Land By Reason Of Petition Being Made : The requisition of a land for the purpose of this Act shall not be barred only for a reason that a petition has been filed in relation to
compensation pursuant to Sub-section (2) of Section 27.
29. Notice To Be Given When Road Is To Be Dug By Government Office : If any office of the Government of Nepal has to dig a public road or road border for any work, it has to dig by obtaining approval of the
Department of Roads, and such an office has also to observe the method (norms) or terms, if any, prescribed by the Department of Roads in relation to so digging the road or road border.
30. Penalty : (1)
22 ………..A person who causes obstructions or objection
while posting any notice while requisitioning
23 ……………any land
pursuant to Section 14 or posting any notice pursuant to this Act, he/she shall be punished with an imprisonment for a term not exceeding Three months or a fine of 24 up to Two Thousand Rupees or with the both.
(2) If a person roots out or cuts any tree planted pursuant to Section 16 or plies a motor vehicle with more weight in contravention of Section 16A. or objects or obstructs to or with the taking of soil, stone or sand
pursuant to Section 17 or does any act in contravention of Section 18, such person shall be punished with a fine of up to Two Thousand Rupees.

25 (3) If a person does any act in contravention of Sub-section (1) of  Section 19 or objects or obstructs to or with any work being done by the Department of Roads pursuant to Sub-section (3) of the said Section, the
person shall be punished with imprisonment for a term not exceeding One year or a fine of 26 up to Five Thousand Rupees or with the both.
27 30A.Investigation and Filing of Cases : An employee of at least gazetted first class shall investigate into the cases of offenses punishable under this Act, and upon the completion of such investigation, the concerned chief of
office of the Department of Roads shall file such case before the Department of Roads or the authority specified pursuant to Section 31.
31. Power to try and appeal there against : 28 (1) In relation to the offenses of making obstruction while acquiring land for the purposes of Section 14, of cutting or rooting out trees planted pursuant to Section 16, or of making
objection or obstruction while taking soil, stone or sand pursuant to Section 17, of holding, throwing, installing or hanging of any goods in such a manner as to obstruct the movement of a public road in contravention of
Section 18 and of doing any act within a public road or road border in contravention of Section 19,
29 the Department of Roads or the authority specified by the Government of Nepal by publishing a Notification in the Nepal Gazette shall have the powers to make trial and impose punishment.
30 (2) In taking action pursuant to Sub-section (1), the Department of Roads or specified authority may exercise the same powers as the District Court has pursuant to the laws in force.
(3) A person who is aggrieved by an order of punishment made
by the
31 Department of Roads or the specified authority pursuant to Sub-
section (1) may make an appeal to the Court of Appeal 32 within Thirty Five
days.
32. Delegation of authority : The Government of Nepal may delegate any or
all powers conferred to the Department of Roads pursuant to this Act to any
authority.
33. Powers to frame Rules : (1) The Government of Nepal may frame Rules
to implement the objects of this Act.
(2) Without prejudice to the generality of the powers conferred by
Sub-section (1), the Rules may provide for on the following matters, in
particular:
(a) …………..
(b) ……………
(c) Grounds for the determination of compensation for the
loss of crops, trees and other goods,
(d) ……………..
(e) Terms and conditions to be abided by in building or
placing anything of which frontage or exit is towards a
public road,
(f) Terms and conditions to be abided by while making
any road or door on either side of a public road,
(g) Matters to be abided by while making or erecting or
building any type of house, wall, sewerage, road, pillar
etc. to be made or erected in the road boundary or road
side,
(h) Specification of the height of wire or similar other
thing to be held over a public road or road boundary or
on the side of a road boundary and of the manner for
placing the same,
(i) The procedures to be followed while making any
sewerage or laying a pipe or wire crossing a public
road or road boundary,
(j) The duties of any person doing any act on a public
road in a manner to obstruct the movement and other
terms and conditions to be observed by that person.
34. Repeal and consequences thereof : (1) The Highway (Construction
Provision) Act, 2021 (1964) and the Rules framed thereunder are, hereby,
repealed.
(2) If any compensation for any land acquired under the Highway
(Construction Provision) Act, 2021 (1964) is due at the time of the
commencement of this Act, the compensation shall be paid pursuant to that
Act

Purwanchal University Act, 2050 (1994)

Purwanchal University Act, 2050 (1994)
Date of Authentication and Publication
2050/9/19 (Jan. 3, 1994)
Amendment:
1. Some Nepal laws Amendment Act, 2063 2063.6.28
2. Some Nepal Acts Amendment Act, 2064 2064.5.19
Act No 32 of 2050 (1994)
An Act to make provisions relating to the Purwanchal University
Preamble: Whereas, it is expedient to establish the Purwanchal University for making
available opportunity of quality education and research to general public on Arts,
Science, Law, Management, Education, Technology and other subjects; for operation
of higher level educational institutions in order to enhance quality and standard of
education on competitive basis, and to make academic and educational atmosphere of
the country more fair, disciplined and result-oriented;
Be it enacted by Parliament in the 22 nd year of the reign of His Majesty
King Birendra Bir Bikram Shah Dev

2. Definitions

2. Definitions : Unless the subject or the context otherwise requires, in this Act: –
(a) “University” means the Purwanchal University established
pursuant to Section 3.
* As appointed to be commenced from 2051-4-1 ( July 16, 1994)
(b) “Senate” means the University Senate as referred to in Section
(c) “Academic Council” means the Academic Council as referred
to in Section 10.
(d) “Executive Council” means the Executive Council as referred
to in Section 12.
(e) “Dean” means the chief of the faculty establish under the
University.
(f) “Campus” means the constituent campus of the University and
includes any campus affiliated to the University.
(g) “Teacher” means the Professor, Reader, Lecturer and Assistant
Lecturer engaged in providing education or conducting
research at the University and this word also includes the
instructors of various levels at the University and the person
specified as Teacher in the Regulation made under this Act.
(h) “Service Commission” means the Service Commission as
referred to in Section 19.
(i) “Education Council” means the Education Council under
section 29.
(j) “Prescribed” or “as prescribed” means prescribed or as
prescribed in the Rules framed under this Act

3. Establishment of the University

3. Establishment of the University :

(1) The Purwanchal University is hereby established for the operation of higher level educational institutions
of Arts, Science, Law, Management, Education, Technical and other prescribed subjects.
(2) The Central Office of the University shall be located in the Biratnagar of Eastern Development Region

4. University to be Autonomous Corporate Body

4. University to be Autonomous Corporate Body

: (1) The University shall be an autonomous corporate body with perceptual succession.
(2) The University shall have a separate seal of its own for all of its
business.
(3) The University may, like an individual, acquire, use, sell or
otherwise dispose of movable and immovable properties.
(4) The University may, like an individual, sue and may be sued in
the same name

5. Organization of the University

5. Organization of the University : The organization of the University
shall be as follows and their collective form shall be the structure of the
University:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Resource Council,
(e) Campus,
(f) Faculty,
(g) Service Commission,
(h) Other bodies as prescribed.

7. Constitution of the Senate

7. Constitution of the Senate :

(1) There shall be a Senate as the supreme
body of the University.
(2) The constitution of the Senate shall be as follows: –
(a) Chancellor – Chairperson
(b) Pro-Chancellor -Vice-Chairperson
(c) Vice-Chancellor – Member
(d) Three persons from amongst the
Members of Parliament of the Eastern
Development Region
– Member
(e) Vice-Chancellors of other Universities – Member
(f) Member, National Planning Commission
(Education Sector)
-Member
(g) Secretary, Ministry of Education,
Cultural and Social Welfare
– Member
(h) Secretary, Ministry of Finance -Member
(i) Five persons from amongst the renowned
intellectual
– Member
(j) Deans – Member
(k) Four persons from amongst the Mayors
of the Municipalities of Eastern
Development Region including the
Mayor of Municipality where the Central
Office is located
– Member
(l) Six persons from amongst the Campus
Chiefs
– Member
(m) Three persons from amongst the
Chairperson of the Subject Committees
of the University
– Member
(n) Five Teachers elected from the election
body of Campus Unit Chief and
– Mem
Secretary of Nepal Professor Union of
the University on the basis of
proportional electoral system
 (n1)
Representative of Nepal Professor’s
Union
– Member
(n2) Representative of Professor’s Union of
Purwanchal University
– Member
(o) Four persons from amongst the
Presidents of the District Development
Committees of Eastern Development
Region including the President of the
District Development Committee where
Central Office is located
– Member
(p) Representative of Academic Council – Member
(q) Representative of Resource Council – Member
(r) Three persons from amongst those who
are fond of education and social workers
– Member
(s) Six persons from amongst the
industrialists, traders and farmers
– Member
(t) Two persons from amongst the donors -Member
(u) Two person from the presidents of the
Free Student Unions of the Campus
– Member
(v) Chief of the Research Center -Member
(w) Registrar -Member-Secretary
(3) Except the ex-officio members, the other members of the Senate shall be
nominated by the Chancellor on the recommendation of the Executive Council.
(4) The term of office of the nominated members shall be of three
years

8. Meeting of the Senate

8. Meeting of the Senate :

(1) The meeting of the Senate shall be held at least once a year.
(2) The meeting of the Senate shall be presided over by the
Chairperson, and in absence of the Chairperson, by the Vice-Chairperson of
the Senate and by the Vice-Chancellor in absence of the both Chairperson
and the Vice-Chairperson.
(3) Other procedures relating to the meeting of the Senate shall be as
prescribed and the procedures relating to meeting shall be determined by
Senate itself until so prescribed.

9. Functions, Duties and Powers of the Senate

9. Functions, Duties and Powers of the Senate:

The functions, duties and powers of the Senate shall be as follows:
(a) To formulate policies of the University.
(b) To guide to the University.
(c) To conduct and manage or to cause to conduct and
manage academic programs of the University.
(d) To make or cause to make necessary arrangements
relating to the establishment and affiliation of
campuses.
(e) To determine the degrees to be conferred by the
University.
(f) To approve annual budget and programs of the
University.
(g) To approve Bye-laws relating to University.
(h) To issue directions and to provide guidelines to the
constituent campuses of the University and the
campuses affiliated to the University.
(i) To discuss on annual reports of bodies under the
University and to evaluate programs.
(j) To discuss on audit report and to approve
(k) To determine or cause to determine educational and
administrative policies of the bodies under the
university.
(l) To allow the University to launch a new program.
(m) To fix the terms and condition of the official,
employees and teachers of the University.
(n) To constitute various committees, sub-committees or
task-forces as per the need of the University.
(o) To perform other functions as may be prescribed

10. Constitution of Academic Council

10. Constitution of Academic Council :

(1) There shall be an Academic Council consisting of the following members as the educational academic
and research body of the University:
(a) Vice-Chancellor – Chairperson

(b) Registrar -Member
(c) Deans -Member
(d) Five persons from amongst the chairmen of various subject
committees of the University -Member
(e) Chief of Curriculum Research and Development Center  -Member
(f) Chiefs of the Research Division and Planning Divisions of the University
-Member
(g) Two persons from amongst the Senior Professor- Member
-Member
(h) Four persons from amongst the Campus Chiefs – Member
-Member
(i) Two persons from amongst the renowned intellectual
-Member
(j) The Dean designated by the Vice- Chancellor from amongst the Deans
-Member Secretary
(2) The members  other than the ex-officio members shall be nominated by the Chancellor on the recommendation of the Executive Council.
(3) The term of office of the nominated members shall be of three years.
(4) Procedures relating to the meeting of the Academic Council shall be as prescribed and the procedures relating to meeting shall be determined by Academic Council itself until so prescribed

11. Functions, Duties and Powers of the Academic Council

11. Functions, Duties and Powers of the Academic Council : The functions,
duties and powers of the Academic Council shall be as follows:–
(a) To determine the curriculum of the University and to
approve.
(b) To fix the modes of examination.
(c) To determine the qualifications and numbers relating to
the admission of students.
(d) To formulate policies relating to research and to
approve the research programs.
(e) To evaluate the academic programs of the students.
(f) To determine the standard of teaching and research.
(g) To arrange the honorary degree
(h) To perform such other functions as prescribed

12. Constitution of Executive Council

12. Constitution of Executive Council :

(1) There shall be an Executive Council consisting of the following members to act as the executive body of
the University:
(a)Vice-Chancellor -Chairperson
(b) Two persons from amongst the Deans -Member
(c) One person from amongst the Campus Chiefs who are members of the Senate -Member
(d) Registrar -Member-Secretary
(2) The members referred to in Clauses (b) and (c) of Sub-section (1) shall be nominated by the Chancellor on the recommendation of the Vice- Chancellor.
(3) The term of office of the nominated members shall be of three years.
(4) Procedures relating to the meeting of the Executive Council shall be as prescribed and the procedures relating to meeting shall be determined by Executive Council itself until so prescribed.

13. Functions, Duties and Powers of the Executive Council

13. Functions, Duties and Powers of the Executive Council :

The functions, duties and powers of the Executive Council shall be as follows :
(a) To execute or cause to execute the decisions and
directives of the Senate,
(b) To carry or cause to carry out the functions of the
University under the National Education Policy,
(c) To prepare annual programs, budget, progress report,
auditing report and other resolutions and to introduce
them in to the Senate for approval,
(d) To carry out other functions as prescribed.

14. Resource Council

14. Resource Council:

(1) There shall be a Resource Council consisting of the following member to carried out the management of physical and economic resource of the University.
(a) Person nominated from the Executive  Council -Chairperson
(b) Three persons from amongst the Deans -Member
(c) Three persons from amongst the Campus Chief -Member
(d) Eight persons from amongst the -Member industrialists, traders and farmers
(e) Four persons from amongst the Mayors of the Municipalities of
Eastern Development Region including the Mayor of Municipality
where the Central Office is located – Member
(f) Four persons from amongst the Presidents of the District
Development Committees of Eastern Development Region including the
President of the District Development Committee where Central Office is
located – Member
(g)  Three persons from amongst the renowned intellectual  – Member
(h)Registrar–Member-Secretary
(2) The members other than the ex-officio members shall be
nominated by the Executive Council.
(3) Except the ex-officio members, the term of office of the other
members shall be of Three years and they may be re-appointed after the
expiry of the term.
(4) Procedures relating to the meeting of the Resource Council shall
be as prescribed and the procedures relating to meeting shall be determined
by the Resource Council itself until so prescribed.

16. Operation of Campuses

16. Operation of Campuses:

(1) The University may, in order to impart higher education, establish and operate campuses of various subjects
according to the National Education Policy.
(2) Provisions relating to the campuses to be established and operated by the University shall be as prescribed by the Government of Nepal.

17. Provision Relating to Transfer of Campus

17. Provision Relating to Transfer of Campus:

(1) If, any campus of Nepal, operated as constituent campus of Tribhuvan University at a time of
commencement of this Act, desires its transfer to the University as constituent campus, may be transferred to the University as per the approval of Tribhuvan University on the prescribed condition.
(2) The University may provide affiliation to any campus which is affiliated to Tribhuvan University at a time of commencement of this Act, on the basis of agreement.
(3) The campus interested to get affiliation from the University pursuant to Sub-section (2) shall provide pre-information to the Tribhuvan University.
(4) The other provisions relating to transfer and affiliation shall be as prescribed

18. Faculty

18. Faculty :

(1) There shall be such faculties on such subjects as may be prescribed for the higher education to be imparted by the University.
(2) The functions, duties and powers of the faculties referred to in Sub-section (1) shall be as prescribed.

19. Constitute of Service Commission

19. Constitute of Service Commission :

(1) In order to recommend for the appointment and promotion of the teachers and employees of the
University, there shall be a service commission as follows:-
(a) The Person appointed by the Chancellor – Chairperson
(b) Member, Public Service Commission – Member
(c) One person from amongst Professors – Member
(2) The Chancellor shall constitute a committee in the Chairmanship of Pre-Chancellor and two member of Senate for the recommendation of the Chairperson and the member referred to in Clauses (a) and (c) of Sub-section
(1) and the Chancellor shall appoint Chairman and Member on the recommendation of such committee.
(3) The term of office of the Chairperson and the member to be appointed pursuant to Sub-section (2) shall be of four years.
(4) Procedures relating to the meeting of the Service Commission shall be as prescribed and the procedures relating to meeting shall be determined by Service Commission itself until so prescribed

22. Chancellor

22. Chancellor:

(1) The Prime Minister shall be the Chancellor of the University.
(2) The Chancellor shall be the chief of the University and Chairperson of the Senate.
(3) The Chancellor may inspect or cause to inspect any subject or any thing relating to the University

23. Pro-Chancellor

23. Pro-Chancellor:

(1) The Minister or the Minister of State for Education, Cultural and Social Welfare shall be the Pro-Chancellor of the University.
(2) The Pro-Chancellor may inspect the University and give directions as required.

24. Vice-Chancellor

24. Vice-Chancellor:

(1) The Vice-Chancellor shall be the chief official working for full-time at the University.
(2) In order to recommend for appointment to the post of Vice- Chancellor, a committee consisting of two members of the Senate shall be constituted by the Chancellor under Chairpersonship of the Pro-Chancellor
and the Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the committee.
(3) The term of office of the Vice-Chancellor shall be of four years.
(4) The remuneration, facilities and conditions of service of the Vice- Chancellor shall be as prescribed

25. Functions, Duties and Powers of the Vice-Chancellor

25. Functions, Duties and Powers of the Vice-Chancellor :

(1) The functions, duties and powers of the Vice-Chancellor shall be as follows: –
(a) The Vice-Chancellor shall have general control over all  functions and activities of the University and he/she
may give direction and inspect the functions of the University.
(b) The Vice-Chancellor shall or cause to implement the decision and directions of the Senate.
(c) The Vice-Chancellor shall carry out the functions other than those which are so mentioned to be carried out by
any agency or official under this Act or Rules framed thereunder. The Vice-Chancellor shall immediately
inform to the Chancellor about such functions and shall be approved by the meeting of the Senate to be held
immediately thereafter.
(d) All the matters to be introduced to the Senate shall be introduced through Vice-Chancellor.
(e) Other functions duties and powers of the Vice- Chancellor shall be as prescribed

26. Registrar

26. Registrar:

(1) The Registrar of the University shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor.
(2) The Registrar shall be the official working for the full time at the University.

(3) The term of office of the Registrar shall be of four years.
(4) The functions, duties, powers, remuneration, facilities and conditions of service of the Registrar shall be as prescribed

27. Dean

27. Dean :

(1) The Dean shall be appointed by the Vice-Chancellor.
(2) The term of office of the Dean shall be of four years.
(3) The functions, duties and powers and remuneration, facilities and conditions of the Dean shall be as prescribed

28B. Responsibility to be fixed

28B. Responsibility to be fixed : Notwithstanding anything contained in this Act, if a post is vacant in the University, Chancellor, in case of Vice- chancellor, in consultation of the Pro-chancellor and Vice-chancellor in case
of any other Authority, shall designate any of the senior (most) Professor to that post to conduct daily business for a period of three months till the date of fulfillment of the vacant post.

29. Formation of Education council

29. Formation of Education council :

(1) In order for operation of educational and academic programs in each faculty, there shall be an Education Council.
(2) Under the Education Council referred to in Sub-section (1), there shall be committees as prescribed.
(3) Functions, duties and powers and procedures relating to meeting of the Council and committees thereunder shall be as prescribed

31. Fund of the University

31. Fund of the University:

(1) there shall be a separate fund of the University and the fund shall consist of the following amounts:
(a) Grants received from Government of Nepal,
(b) The amount given by any person or organization as donation, charity and financial assistance,
(c) The amount received as assistance and donation by concerned person, organization.
(d) The amount received as assistance and donation by District Development Committee, Municipality, Village
Development Committee of Eastern Development Area.
(e) The amount received as assistance or loan from foreign government, international organizations, associations or
financial institutions.
(f) Fees or the amount to be received from any other source.
(2) While receiving any amount pursuant to Sub-section (e) of Sub- section (1), the University shall have to obtain approval of Government of Nepal.
(3) The amount of the fund of the University shall be deposited in an account opened with the prescribed bank and the operation account of the University shall be as prescribed.
(4) All the expenditure of University shall be borne by fund pursuant to Sub-section (1)

32. Accounts and Auditing

32. Accounts and Auditing :

(1) The accounts of incomes and expenditures of the University shall be kept in accordance with the prevailing laws.
(2) The auditing of the accounts of the University shall be carried out by the Auditor General as appointed by the Senate.

Plant Protection Act, 2064 (2007)

Plant Protection Act, 2064 (2007)
Date of Authentication and Publication
2064.5.27 (13 Sept. 2007)
Act number 20 of the year 2064 (2007)
An Act Made to Provide for Protection of Plants
Preamble : Whereas, it is expedient to make legal provisions for preventing the
introduction, establishment, prevalence and spread of pests while importing and
exporting plants and plant products, promoting trade in plants and plant products
by adopting appropriate measures for their effective control;
Now, therefore, be it enacted by the Legislature-Parliament.

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