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Chapter-4

Chapter-4 Liabilities of Multimodal Transport Operator
17. Liabilities of multimodal transport operator:

(1) The multimodal transport operator shall, after it takes charge of the goods from the consigner in accordance with
the multimodal transport contract, be fully liable for the goods until it delivers the goods pursuant to Section 16.

(2) The multimodal transport operator shall be personally liable for any act whatsoever done by the multimodal transport operator itself, its employee or agent in the course of discharge of the multimodal transport contract.
(3) Without prejudice to the generality of Sub-Section (1) or (2), the multimodal transport operator shall be personally liable for any loss of or damage to or destroy of the goods of which charge has been taken by the multimodal transport operator, its employee, its authorized agent or any other person who takes service from the operator in accordance with the contract or for any  reasonable loss or damage caused to the consigner or the consignee resulted from failure to deliver such goods to the consignee within the specified period in  accordance with the multimodal transport contract and the operator shall provide compensation for the same.
Provided that the multimodal transport operator shall not provide compensation if the multimodal transport operator proves that no fault or neglect on its part or that of its employee, agent or any other person who takes service from it had caused or contributed to such loss, damage or destroy.

18. Contract by multimodal transport operator:

(1) The multimodal transport operator may, after undertaking to transport the goods by making a multimodal
transport contract with the consignee, make contract with any other person in relation to the transport of those goods, without prejudice to the terms and conditions of that contract.
(2) Where the multimodal transport operator enters into a contract with any other person pursuant to Sub-Section (1) and transports the goods in accordance with that contract, it shall not be exempt from the liability referred to
in Section 17.

19. Delay in delivery of goods to be deemed: Delay in delivery of goods shall be deemed to occur when the goods have not been delivered by the multimodal transport operator within the time specified in the multimodal transport contract for the delivery of goods, and, in the absence of such specification of time, within a reasonable time having regard to the nature of goods to be transported, the condition of the multimodal transport operator and the overall circumstances of the transportation of goods.

20. Goods to be treated as lost: If the goods have not been delivered by the multimodal transport operator even within ninety days following the time specified in the multimodal transport contract for the delivery of goods, the goods  shall be treated as lost.

21. Limits of liability:

(1) Except in the case where the value of the goods to be transported has been declared and specified in the multimodal transport contract before such goods have been taken in charge by the multimodal transport
operator, the liability of the multimodal transport operator shall, for any loss resulting from any kind of loss of or damage to the goods taken in charge by the multimodal transport operator for transportation, not exceed six hundred sixty seven point sixty seven (666.67) Special Drawing Rights per package or unit of the goods so lost or damaged or two Special Drawing Rights per kilogram of such goods, whichever is higher.
(2) While determining packages or units for the purposes of Sub-section (1), the packages or units as mentioned in the multimodal transport document shall be taken as the basis.
(3) In the case of liability resulting from the delay in delivery of goods, the liability of the multimodal transport operator shall be limited, subject to the provisions contained in the multimodal transport contract in relation thereto.
(4) Notwithstanding anything contained elsewhere in this Section, the liability of the multimodal transport operator shall not exceed the total value of all the goods to be transported by that operator in accordance with the multimodal
transport contract.

22. Assessment of loss:

(1) Where the goods after taken in charge by the multimodal transport operator for transportation in accordance with the multimodal transport contract and before their delivery in accordance with themultimodal transport contract are lost, damaged or otherwise destroyed the multimodal transport operator has to pay compensation for loss, assessment of such loss shall be made with reference to the reasonable value of the goods so lost, damaged or destroyed at the place where such goods are delivered to the  consigner, and the time at which such goods should have been delivered to the consignee.
(2) While determining the value pursuant to Sub-Section (1), it shall be determined according to the current market price or, if the current market price is not ascertainable, with reference to the reasonable value of other goods of the
same kind.
(3) Notwithstanding anything contained elsewhere in this Act, where the multimodal transportation of goods to be transported in accordance with the multimodal transportation contract does not include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator, for the loss of, damage to, or destroy of, goods shall not exceed to an amount to be set by eight point three three (8.33) Special Drawing Rights per kilogram.

23. Liability under laws in force: Notwithstanding anything contained elsewhere in this Act, if, in relation to the goods to be transported under the multimodal transport contract, additional liability is created in accordance with any international treaty to which the State of Nepal is party or any national law has also to be observed, the multimodal transport operator shall not be released also from the liability determined in accordance with such treaty or national law.

24. Loss of right to limit liability: The multimodal transport operator shall not be entitled to the benefit of limitation of liability under this Act if it is proved that the loss, damage, destroy or delay in delivery of the goods to be transported in accordance with the multimodal transport contract resulted because of an intentional act or omission or malicious recklessness of the multimodal transport operator, its employee or agent.

Chapter-5

Chapter-5 Miscellaneous
25. Special provisions relating to dangerous goods:

(1) While handing over the prescribed dangerous goods for transportation, the consignor shall inform the
multimodal transport operator or its agent or any other person acting on behalf of such operator of the nature of such goods and the precautions to be taken while transporting such goods.
(2) While handing over the goods referred to in Sub-Section (1), clear details thereof shall, as far as possible, shall be mentioned on the outer part of each packing of such goods.
(3) The consigner him/herself shall be liable for any loss or damage caused to the multi modal transport operator in respect of the transportation of the goods described in the multi modal transport contract resulted from the failure to
complete the procedures referred to in Sub-Section (1) or from the default or recklessness of the consignee, his or her employee or agent.
(4) Where the consignor fails to fulfill the terms referred to in subsection (1) or (2), the multi modal transport operator shall not be compelled to transport such goods and may at any time and at any place unload, destroy such
goods or hand over the same to any person.
(5) If, despite the knowledge of the situation referred to in Sub-section
(1), the multi modal transport operator transport such goods, the multi modal transport operator itself shall be responsible for any possible loss or damage from such transport.

26. Delivery of goods to be treated in good condition:

(1) If the consignee, after taking delivery of the goods from the multi modal transport operator, its employee
or authorized agent, does not give a notice in writing of the general nature of loss of or damage to the goods to the multi modal transport operator, its employee or agent within two days after the date of taking delivery of the goods, the goods described in the multi modal transport contract shall be treated as delivered in good condition.
(2) If there is a reasonable ground that the goods the delivery of which has been taken by the consigner from the multimodal transport operator, its employee or agent cannot be examined immediately, and, in relation to such
goods, the consigner does not give a notice referred to in Sub-Section (1) to the multimodal transport operator, its employee or agent within three days after the date of taking delivery of such goods, the goods described in the multimodal transport contract shall be treated as delivered in good condition.

27. Right to fix general average: Notwithstanding anything contained in this Act or the laws in force, if the concerned parties to a multimodal transport contract wish to include a condition of general average, the liability as referred to in this Act may be determined subject to such condition.

28. Imposition of fine: If any person operates the multimodal transportation service in contravention of Section 3, the Department may impose on such person a fine of ten thousand rupees to one hundred thousand rupees.

29. Limitation: Any person who wishes to institute an action in respect of any act done or taken under this Act shall institute the action within six months after the following date:
(a) the date of delivery of the goods, or
(b) the date when the goods should have been delivered in accordance with the multimodal transport document, or
(c) in the event of loss of goods, the date on which the goods are treated as lost under Section 20.

30. Jurisdiction for instituting action: Any party who wishes to institute an action under this Act may institute the action in any of the following courts having jurisdiction under the laws in force of the concerned country:
(a) a court situated in the habitual residence of or the principal place of business of the defendant;
(b) a court situated in the place where the multimodal transport contract was made;
Provided that, in order for the establishment of jurisdiction in the place referred to in this clause, the defendant shall have a business center, branch or formal agent in such place and the multimodal transport contract shall
have been entered into through such center, branch or agent.
(c) a court in the place of taking charge of the goods or the place of delivery thereof, in accordance with the multimodal transport contract;
(d) where the parties have specified any other place in respect of institution of action in accordance with the multi modal transport contract, a court in such place.

31. Power to frame Rules: The Government of Nepal may frame necessary Rules in order to accomplish the objectives of this Act.

ELECTRICITY ACT, 2049 (1992)

ELECTRICITY ACT, 2049 (1992)
Date of Authentication and publication
Paush 2, 2049 (17 December, 1992)
An Act made for the Management and Development of Electricity
PREMABLE: WHEREAS, it is expedient to develop electric power by regulating the survey, generation, transmission and distribute the survey, generation, transmission and distribution of electricity and to standardize and safeguard the electricity services.
NOW, THEREFORE, be it enacted by the Parliament in the twenty-first year of the reign of His Majesty’s King Birendra Bir Bikram Shah Dev;

1. Short Title and Commencement:

1. Short Title and Commencement:

(1) This Act may be called “Electricity Act, 2049

(2) This Act shall come into force on such date as is Government of Nepal may, by notification published in the Nepal Gazette, appoint.

2. Definitions:

2. Definitions: Unless the subject or the context otherwise requires, in this Act
(a) “Electricity” means electric power generated from water, mineral oil, coal, gas, solar energy, wind energy, atomic energy or any other means.
(b) “Hydro-electricity” means electric power generated from water.
(c) “License” means the license issued pursuant to this Act.
(d) “Consumer” means a person who obtains electricity from the licensee.
(e) “Charges” means the fee charged to the consumer for the electricity services rendered to them pursuant to this Act.
(f) “Licensee” means a person or a corporate body who has obtained the license pursuant to Section 4.
(g) Inspector” means electricity inspector appointed pursuant to Section 37 and this word also denotes Chief Electricity Inspector.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules made under this Act.

3. Survey, Generation, Transmission or Distribution of Electricity:

3. Survey, Generation, Transmission or Distribution of Electricity:

No person shall be entitled to conduct survey, generation, transmission or distribution of electricity without obtaining license under this Act. Provided that no license shall be required to be obtained by a national or a corporate body for the generation, transmission or distribution of electricity up to 1000 kilowatt and for conducting necessary survey thereof. Before generating, transmitting or distributing hydroelectricity of the capacity ranging from 100 kilowatt to 1000 kilowatt, information to hat effect shall be given to the prescribed officer in a manner as prescribed.

4. Provisions of License:

4. Provisions of License:

(1) A person or a corporate body, who desires to conduct survey, generation, transmission or distribution of electricity, shall be required to submit an application to the prescribed officer along with the economic, technical and environmental study report and with other prescribed   particulars on the relevant subject.
Provided that such study report shall not be required to be included while applying for the license to conduct the survey relating to electricity.
(2) On receipt of an application pursuant to Sub-section (1) the prescribed officer shall have to examine or cause to examine necessary enquiries and shall have to issue license to the applicant according to the format as prescribed within 30 days of receipt of such application in case of license for conducting survey relating to electricity
and within 120 days in as of license for generation, transmission or distribution of electricity.
(3) A person or a corporate body, who is doing generation, transmission or distribution of electricity prior to the commencement of this Act, shall be required to submit an application along with prescribed particulars to the
prescribed officer within one year from the date of the commencement of this Act except otherwise provided in the proviso clause of Section 3.
(4) On receipt of an application pursuant to Sub-section (3) the prescribed officer after examining necessary enquiries, shall issue the license according to the format as prescribed within 60 days of receipt of such application.

(5) In case a license desires to sell or otherwise transfer its license, it shall be required to obtain the approval from the prescribed officer.

5. Terms of License:

5. Terms of License:

(1) The term of license to be issued for the survey of electricity may be of 5 (Five) years in maximum.
(2) The term of license to be issued for generations, transmission or distribution of electricity may be of 50 (Fifty) years in maximum.
(3) In case a license is issued for a term less than prescribed term in Subsection(1) or (2), it shall be required to be renewed before one year of expiry of the term stipulated in the license.
(4) If the license is not renewed pursuant to Sub-section (3) such license shall be void.

6. Restriction of the Issuance of License:

6. Restriction of the Issuance of License: In case license has been issued to any person or corporate body for the distribution of electricity in any area in accordance with this Act, no license shall be issued to any other person
or corporate body for the distribution of electricity in the same area for the distribution of electricity in the same area for the whole term of such license.
Provided that if the licensee is deemed to be unable to supply the electricity as per demand of that area, license may be issued also to any other person or corporate body for the distribution of electricity in such area.

8. License may be Cancelled:

8. License may be Cancelled:

(1) If the licensee performs any act contrary to this Act or rules made under this Act, the prescribed officer may issue an order to the concerned licensee by prescribing necessary improvements to be made on such activity within the specified period.

(2) If the licensee makes no improvement within the prescribed period pursuant to Sub-section (1), the prescribed officer may cancellation of such  person.
(3) Prior to the cancellation of license pursuant to Sub-section (2), the prescribed officer shall give the licensee a reasonable opportunity to explain one’s own innocence.

10. Ownership of Government of Nepal:

10. Ownership of Government of Nepal:

(1) The land, building, equipment and structure related to the electricity generation plant or transmission and distribution line established by the foreign national or corporate body as more than 50 (Fifty) percent of the total investment, shall be under the ownership of Government of Nepal after the expiry of the term as prescribed in the license.
(2) The assets coming under the ownership of Government of Nepal pursuant to Sub-section (1) may be purchased by the prior licensee on the amount as assessed pursuant to Sub-section (3) for generation, transmission
or distribution of electricity and after acquiring such asset, such person, after entering into an agreement with His Majesty’s Government, shall generate, transmit or distribute electricity according to the agreement so made.
(3) Government of Nepal shall constitute a committee comprising of at least five persons for the purpose of assessing the amount pursuant to sub- section (2).
(4) The electricity generation plant, transmission or distribution line established by the foreign national or corporate body as up to fifty percent of the total investment or established without foreign investment shall be operated
or managed by the prior licensee by entering into an agreement with Government of Nepal after the expiry of the term as prescribed in the license on conditions as mentioned in the agreement so made.

11. Royalty to be Paid:

11. Royalty to be Paid:

(1) The licensee shall have to pay royalty to Government of Nepal at a rate of Rs. 100 for each installed kilowatt of electricity per year plus 2 percent of the average tariff per unit (per kilowatt hour) for a term of upto fifteen
years from the date of generation of electricity for commercial purpose.
(2) After the term specified in Sub-section (1), the licensee shall have to pay royalty to Government of Nepal at a rate of Rs.1000 for each installed kilowatt of electricity per year plus 10 percent of the average tariff per unit (per kilowatt hour).

12. Facilities Relation to Other Tax and Charge:

12. Facilities Relation to Other Tax and Charge:
(1) …….∝

(2) ……..∝
(3) ……. ∝
(4) …….. ∝
(5) …….. ∝
(6) …….. ∝
(7) Customs duties and sales tax shall be levied as per the prevailing schedule for the import of construction equipment, machines, tools and equipment required for repair and maintenance as well as the spare parts thereof
for hydro electricity generation, transmission or distribution which are produced and sold by local industries. Only one percent customs duties shall be levied for the import of materials which are not produced in Nepal and no charge
for import license and sales tax shall be levied for such imports.

13. Facility of Foreign Exchange:

13. Facility of Foreign Exchange: In case foreign currency has been invested in the generation, transmission or distribution of hydroelectricity as a loan or share capital, Government of Nepal shall make available necessary foreign currency at the prevailing market rate of foreign exchange for repatriation of investment or repayment of principal or interest of loan.

16. Electricity Charge and Other Charges to be Realized:

16. Electricity Charge and Other Charges to be Realized:

(1) Government of Nepal or the licensee may realize electricity tariff or other charges as assessed   pursuant to Section 17 from persons, using such services, in consideration of the services rendered to them.
(2) Electricity charge and other charges pursuant to Sub-section (1) shall be realized as prescribed.

17. Assessment of Electricity Tariff and Other Charges:

17. Assessment of Electricity Tariff and Other Charges:

(1) Government of Nepal shall constitute a Tariff Fixation Commission for the purpose of fixing electricity tariff and other charges.
(2) The commission constituted pursuant to Sub-section (1) shall consist of at least five persons from among the representative of the Government of Nepal, economist and those involved in the generation, transmission and distribution of electricity and the consumers.
(3) The commission, pursuant to Sub-section (1), shall fix the electricity tariff and other charges on the basis of the rate of depreciation, reasonable profit, mode of the operation of the plant, changes in consumer’s price index, royalty, etc.
(4) The licensee shall not entitled to realize electricity charges and other charges and in excess of what has been fixed or any other charges other than those fixed pursuant to Sub-section (3).

(5) The commission pursuant to Sub-section (1) may, in order to complete its function, call for the concerned company, person, institution or corporate body, the necessary information and document and it shall be their duty to give such information and document.
(6) While fixing electricity tariff and other charges pursuant to Sub-section (3) the commission, constituted pursuant to Sub-section (1), may classify the types of consumer and fix the tariff accordingly.
(7) The working procedure of the commission, constituted pursuant to Sub-Section (1), shall be as prescribed.

18. Separate Tariff and Other Charge may be Assessed:

18. Separate Tariff and Other Charge may be Assessed:

(1) Notwithstanding anything written in Section 17, one who distributes electricity in isolation of the national grid, shall be entitled to fix the electricity tariff and other charges for the electricity so distributed.
(2) While fixing electricity tariff and other charges pursuant to Sub-section (1), it may be so fixed that all investments made on electricity generation, transmission or distribution is paid back in average of 25 years by deducting the
depreciation cost and a dividend of 25 percent on share capital is earned.

19. Electricity Service may be Stopped:

19. Electricity Service may be Stopped:

Electricity services may be stopped in the following condition:
(a) If there is a need to inspect, repair or to perform any important work relating to the electrical equipment and the electrical line.
(b) If there occurs natural calamities like flood, landslide, fire, earthquake or strike, lockout, riot or any other extraordinary circumstances which are beyond one’s control.
(c) For any consumer, who do not pay the electricity tariff and other charges, which have to be paid.
(d) For any consumer, who utilizes electricity unauthoritatively or utilizes electric power contrary to the terms and conditions as set forth.

21. Sale of Generated Electricity:

21. Sale of Generated Electricity:

(1) If any person desires to sell in bulk the electricity generated pursuant to this Act, Government of Nepal may purchase or cause to purchase such electricity to the national grid.
(2) The rate of electricity purchased pursuant to Sub-section (1) shall be determined on the basis of fixed percentage of avoided cost or an addition to the generation cost or fixed percentage of average tariff of Nepal Electricity
Authority.
(3) While determining the rate of electricity purchased pursuant to Subsection(2) calculation shall be made in such a way that the total investment could be paid back in twenty five years in average by deducting the depreciation cost.

22. Import and Export of Electricity:

22. Import and Export of Electricity:

(1) If the licensee desiring to distribute electricity by importing the same within the Nepal, may do so by obtaining
prior approval of Government of Nepal as prescribed.
(2) The licensee desiring to export electricity generated on its own to the foreign country may do so by entering into an agreement with Government of Nepal on such matter.
(3) The exporter of electricity pursuant to Sub-section (2) shall have to pay export duty as prescribed to Government of Nepal.

23. Fixing of Quality Standard of Electricity:

23. Fixing of Quality Standard of Electricity:

(1) Government of Nepal may, by a notification published in the Nepal Gazette, fix the quality standard of electricity,
which is generated, transmitted and distributed pursuant to this Act.
(2) While generating, transmitting or distributing electricity, the quality standard as prescribed pursuant to Sub-section (1) shall be maintained.

25. Volt level and other Technical Matters:

25. Volt level and other Technical Matters:

(1) For the purpose of electricity generation, transmission or distribution, the volt level and other technical matters
shall be as prescribed.
(2) The person who conducts electricity generation, transmission or distribution shall maintain the prescribed standard pursuant to Sub-section (1).

27. Repair and Maintenance:

27. Repair and Maintenance: If the supply of electricity is required to be interrupted for the purpose of repair and maintenance of electricity generation plant or transmission line or distribution line or any other structure or due to any other reason, the licensee shall notify the general public by publishing a notification at least Twenty four hours in advance.

28. Special Condition:

28. Special Condition:

(1) If it is required that the generation of electricity in any area is to be stopped due to any special circumstance or if the supply of electricity service is to be made immediately in any area, Government of Nepal shall issue necessary order to the person who generates, transmits or distributes electricity audit shall be the duty of the concerned person to obey such order.
(2) Government of Nepal shall compensate the concerned person for the loss or damage caused due to the obeying of the order issued pursuant to Subsection (1).

29. No Nationalization to be made:

29. No Nationalization to be made:

(1) The land, building, equipment and structure related to electricity generation, transmission or distribution shall not be nationalized.
Provided that the land, building equipment and structure related to the generation, transmission or distribution of 1000 kilowatt or less of hydro  electricity, Government of Nepal may for the extensive public use take over such property and develop and develop that itself.
Explanation: “Extensive Public Use” means the use, which serves benefits to larger population than the existing population benefited from it.
(2) Government of Nepal shall pay compensation, as prescribed, to the concerned person for the land, building, equipment and structure which is taken over by Government of Nepal pursuant to the proviso clause of Sub-section (1).
(3) The compensation payable pursuant to Sub-section (2) shall be determined on the basis of current price (after deducting wear, tear and depreciation) of the land, building, equipment and structure taken over by Government of Nepal.

30. Purchase of Electricity Generation Plant etc.:

30. Purchase of Electricity Generation Plant etc.: In case where the licensee is going to distribute electricity in an area where any person or corporate body is already distributing electricity by generating up to 1000 Kilowatt of hydroelectricity, such person or corporate body who is generating hydroelectricity up to 1000 Kilowatt if desires to sell the hydroelectricity plant, transmission and distribution line which is operated by him/her, the said licensee shall have to purchase such hydroelectricity plant, transmission and distribution line on the price (after deducting wear, tear and general depreciation) as fixed by mutual agreement.

31. Security of Electricity Structure:

31. Security of Electricity Structure:

(1) Government of Nepal may make necessary arrangement for the security of any electricity generation plant, transmission plant, substation, or any reservoir made for generating electricity or any other structure related to electricity, on the request of the licensee or by itself, if it deems it necessary to provide such security.
(2) If the security arrangement is made pursuant to Sub-section (1) on the request of the licensee, all the expenses incurred for such security shall be borne by the licensee.

32. To Enter into Others’ Premises:

32. To Enter into Others’ Premises:

If Government of Nepal or the licensee requires to enter into anyone’s premises in connection with survey, generation, transmission or distribution of electricity, the employee of Government of Nepal or the licensee may enter into such premises only after giving a prior notice to the concerned person. In case any loss or damage is caused due to such entry, Government of Nepal or the licensee shall pay compensation as prescribed for such loss or damage.
Provided that such employee may, without giving prior notice, enter into the concerned premises to rescue from any accident or to carry out investigation into the matter if there is a reasonable ground to suspect that the electricity is
being unauthoritatively used or pilfered in such premises.

33. Utilization or Acquisition of Other’s Land and House:

33. Utilization or Acquisition of Other’s Land and House:

(1) If it is required that the land and house of any person be used or acquired for the purpose of generation, transmission, or distribution of electricity, the licensee may submit an application to His Majesty’s Government.

(2) On receipt of an application pursuant to Sub-section (1), Government of Nepal may, after conducting necessary inquiries into the matter, make available such land and house in the same manner as it makes available to any
corporate body under the prevailing laws. If the land is owned by the government, such premises shall be made available on lease for the period up to the term of license.

(3) If a construction work relating to the generation, transmission, or distribution of electricity has been preformed by Government of Nepal or a licensee, Government of Nepal may prohibit to use the premises of a house or land
located in the area where such construction work is performed or the premises of a house or land located in the prescribed distance from such place of construction by any other person for any specified purpose. Government of Nepal or the licensee shall pay compensation, as prescribed, to the concerned person for such damage or loss caused due to such prohibition.

35. Government of Nepal may enter into contract for Generation, Transmission or Distribution of Electricity:

35. Government of Nepal may enter into contract for Generation, Transmission or Distribution of Electricity: Notwithstanding anything written elsewhere in this Act, Government of Nepal, by entering into a contract with any person or corporate body, may do or cause to do the generation, transmission or distribution of electricity subject to the terms and  conditions as mentioned in such contract.

36. Hydro-electricity Development Unit:

36. Hydro-electricity Development Unit: In order to develop or cause to develop hydroelectricity and to encourage private sector entrepreneurs for the development of hydroelectricity and to follow up the works relating to hydroelectricity development, a Hydroelectricity Development Unit shall be constituted in the  Ministry of Water Resources.

37. Appointment of Inspector:

37. Appointment of Inspector:

(1) In order to carry out inspection and supervision of generation, transmission and distribution of electricity, Government of Nepal may appoint Chief Electricity Inspector and Electricity Inspector as may be necessary.
(2) The qualification required for the Chief Electricity Inspector and  Electricity Inspector shall be as prescribed.
(3) Other functions, rights and duties of the Chief Electricity Inspector and Electricity Inspector shall be as prescribed.

38. Penalties:

38. Penalties:

(1) The prescribed officer may impose a fine up to five thousand rupees to any person who acts in contravention of this Act or Rules made under this Act. If the damage is caused to anybody due to such act, compensation for such damage shall also be realized from such person by the prescribed officer.
(2) If any person generates, transmits or distributes electricity, without obtaining the license, which is required to be obtained under this  Act, or without observing the terms and conditions set forth in the license, the prescribed officer may impose a fine up to five thousand rupees and cause to close such activity.
(3) ……∝
.
(4) If any person cause adverse effect, demolishes, destroys or causes harm otherwise with mala fide intention to any electricity generation plant or transmission center or transmission line, distribution line or any other  structure related to the same or induces to do the said acts or attempt to do so, such person   may be punished with a fine at par with the value of the damages or with  imprisonment up to ten years or both realizing the value of  damages from such  person.

39. Appeal:

39. Appeal: Any person who is not satisfied with the decision of the cancellation of license by the prescribed authority pursuant to Sub-section (2) of section 8 or the decision on the amount of compensation given pursuant to section 29, 32 or 33 or an order of the punishment issued by the prescribed authority pursuant to Subsection (1) or (2) of section 38, an appeal against such decision or order may lie in the Appellate Court within a period of thirty five days.

40. Power to Frame Rules:

40. Power to Frame Rules:

(1) Government of Nepal may frame necessary Rules in order to carry out the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Subsection
(1), Government of Nepal may frame Rules, in particular, on the following subjects:
(a) Matters relating to the format of application for license and the particulars to be mentioned in the application, format of license, terms and conditions, charges or fee and other necessary matter,

____________________________________

Delated by Electricity thief control Act,2058
Amended by Eletricity thief control Act,2058

(b) Matters relating to quality, volt level of electricity and quality standard of service of electricity to be distributed and other necessary technical matters,
(c) Matters relating to the construction work relating to electricity structures and its quality standard,
(d) Matters relating to quality standard of materials and equipment which are used for generation, transmission or distribution of electricity and methods for using them,
(e) Qualification and function, rights and duties of Inspector,
(f) Matters relating to electricity tariff, service charge or other charges,
(g) Matters relating to security measures to be followed while generating, transmitting and distributing electricity,
(h) Matters, which are to be observed by customers or consumers,
(i) Accident and inquiries thereof,
(j) Other necessary matters.

National Trust for Nature Conservation Act, 2039 (1982)

National Trust for Nature Conservation Act, 2039 (1982)
Date of Authentication
2039.7.3 (Oct. 20, 1982)
Amendments
1. Administration of Justice, Act, 2048 (1991) 2048.2.16 (May 30 1991)
2. Some Nepal Law Amendment Act, 2063(2006) 2063.6.28 (Oct. 14, 2006)
Act No. 12 of the year 2038(1982)
An Act made to provide for the National Trust for Nature Conservation
Preamble: Whereas, it is expedient to set up the National Trust for Nature Conservation in order to conserve and manage the nature and natural heritage;
Now, therefore, His Majesty the King Birendra Bir Bikram Shah Dev has, on the advice and with the approval of the Rastriya Panchayat, enacted this Act.

1. Short title & commencement:

(1) This Act may be called as the “National Trust for Nature Conservation Act, 1982”.
(2) This Act shall come into force immediately.

2. Definition: Unless the subject or the context otherwise requires, in this Act,-
(a) “Trust” means the National Trust for Nature Conservation set up pursuant to Section 3.
(b) “Board” means the Governing Board of Trustees constituted pursuant to Section 5.
(c) “Chairperson” means the Chairperson of the Trust.
(d) “Member and Member-secretary” means the Member of the Trust.
(e) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Bye- laws framed under this Act.

3. Establishment of the Trust:

(1) A trust named the National Trust for Nature Conservation shall be established.
(2) The Trust shall be an autonomous body corporate with perpetual succession.

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Amended by the Some Nepal Laws Amendment Act, 2006

(3) The Trust shall have a separate seal of its own for all of its its activities.
(4) The Trust may, as an individual, acquire, possess, sell or otherwise manage, movable and immovable property.
(5) The Trust, as an individual, may sue and may be sued in its name.

4 Patron: The Prime Minister shall be the Patron of the Trust.
5. Constitution of Governing Board of Trustees: A Governing Board of Trustees shall be constituted, as follows, to operate and supervise the activities
of the Trust:-
(a) A person nominated by the Patron – Chairperson
(b) Three persons nominated by the Chairperson from amongst the Secretaries of the Government of Nepal – Members
(c) Three persons nominated by the Chairperson from amongst the representatives of Departments of the Government of Nepal and
governmental or non-governmental organizations – Members
(d) Four persons nominated by the Chairperson from amongst the representatives of international organizations or persons of high international reputation.
– Members
(e) Three persons nominated by the Chairperson  as deemed to be appropriate for the Trust – Members
(f) A Person nominated by the Chairperson – Member- secretary

6. Tenure of Office:

(1) The tenure of office of the Chairperson and Members shall be five years.
(2) The Chairperson and Member may be re-nominated pursuant to Section 5 after expiry of the term of their office.

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Amended by the Some Nepal Laws Amendment Act, 2006

(3) If an office of the Chairperson or Member is fallen vacant prior to expiry of the tenure of office, the Chairperson or Member shall be nominated
for the remaining term of office pursuant to Section 5.
(4) If the Chairperson or Member resigns, he/she shall be deemed to be relieved of the office.
(5) The Chairperson may at any time remove such a member who fails to smoothly perform his/her duty.

7. Remuneration: The remuneration, allowance and other facilities of the Chairperson, Member or other office-bearers of the Board shall be as
prescribed.

8. Meeting of the Board:

(1) The Member-secretary shall convene the meeting by specifying date, venue and time as directed by the Chairperson. The Chairperson shall preside over the meeting and in the absence of the Chairperson, a member selected by the members from amongst themselves
shall preside over it.
(2) A notice indicating the convening of the meeting shall have to generally be given a month in advance of its holding.
(3) Presence of six members shall be deemed to have been constituted a quorum for the meeting of the Board.
(4) The opinion of the majority shall prevail in the meeting and in the event of a tie, the person presiding over the meeting shall exercise the casting
vote.
(5) The meeting of the Board shall be generally held once a year.
(6) The minutes of the meeting shall be authenticated by the Membersecretary.

(7) The Board may, on its own, regulate the procedures to be followed at the meeting other than those as referred to in this Section.

9 Functions and Duties of the Trust: The functions and duties of the Trust shall be as follows:

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 Amended by the Some Nepal Laws Amendment Act, 2006

a) To conserve, promote and manage wildlife and other natural heritages,
b) To make necessary arrangements for development of national parks and reserve,
c) To conduct scientific study and research into wildlife and other natural heritages.

10 Powers of The Trust : The powers of the Trust shall be as follows:
a) To receive assistance from national or international organizations or from other sectors in cash or kind or in any other way.
b) To keep contact with the foreign organizations and international organizations related to wildlife and other natural heritages.
c) To collect, or cause to be collected, donation through foreign organizations or international organizations.
d) To perform such other functions for the interest of the Trust as are required.

11. Powers to constitute a Sub-committee:

1) The Trust may constitute Subcommittee for its activities as and when so required.
(2) Functions, duties and powers of the Sub-committee shall be as prescribed.

12. Fund:

(1) The following amounts shall be credited to the Trust:-
a) An amount contributed by the Government of Nepal,
b) An amount received from national or international organizations,
c) An amount received from any other source.
2) All the amount of the Trust shall be deposited in its name in the Nepal Rastra Bank or any other Bank.
3) An account of income and expenditure in kinds shall be kept separately.
4) All Expenditure to be incurred on behalf of the Trust shall be borne by the Trust.
5) The account of the Trust shall be operated as prescribed.

13. Account and audit:

(1) The books of account of income and expenditure of the Trust shall be maintained as prescribed.
2) The account of the Trust shall be audited by the Office of Auditor General.
3) The Government of Nepal may at any time, if it so wishes, examine the documents relating to the books of account of the Trust and other
cash and commodities.

14. Adjudicating authority:

The Court of Appealshall have the jurisdiction to originally try and adjudicate any case under this Act or any case initiated by the
Trust as a plaintiff or against the Trust as a defendant.

15. Delegation of powers:

The Board may delegate some of its powers to the Chairperson, Member, Sub-committee or any office-bearer of the Trust.

16. Power to frame Rules:

The Government of Nepal may, in consultation with the Board, frame necessary Rules to carry out the objectives of the Act.

17. Power to frame Bye-laws:

The Trust may frame necessary Bye-laws without prejudicing this Act and the Rules framed hereunder and such Bye-laws shall  come into force upon obtaining approval from the Government of Nepal.

18. Liaison to the Government of Nepal: The Trust shall keep contact to the Government of Nepal through the Department of National Park and Wildlife
Conservation, Ministry of Forest and Soil Conservation.

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Amended by the Some Nepal Laws Amendment Act, 2006

Mother’s Milk Substitutes (Control of Sale and Distribution) Act, 2049 (1992)

Mother’s Milk Substitutes (Control of Sale and Distribution) Act, 2049 (1992)
Date of Authetication and Publication
2049.8.29 (14 Dec. 1992)
Act No. 39 of 2049 (1992)
An Act Made to Provide for the Control of Sale and Distribution of Mother’s Milk
Substitutes
Preamble: Whereas, it is expedient to provide for safe and adequate nutrition to the
infant by protecting and promoting the breastfeeding and regulating the mother’s milk
substitutes as well as the sale and distribution of infant foods;
Now, therefore, be it enacted by Parliament in the twenty-first year of the reign of
His Majesty King Birendra Bir Bikram Shah Dev.

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