2
A non-resident Nepali who has acquired identity card may open and operate an account for the amount earned by him/her in convertible currency, in any commercial Bank or financial institution which is licensed by the Nepal Rastra Bank to carry on financial transaction
(1) A non-resident
Nepali or a foreign company in which more than Fifty percent share investment is made by a non-resident Nepali, may invest the amount earned by him/her/it in abroad in foreign country, for any industry or business which is opened, pursuant to the prevailing law for foreign investment, or by government of Nepal upon publishing a Notification in Nepal gazette for the investment to be made by nonresident Nepali.
(2) The amount to be made investment by non-resident Nepali or a company pursuant to Sub-section (1) shall be received through any commercial bank or financial institution which in licensed by the Nepal Rastra Bank( central
Bank of Nepal) subject to the prevailing law for financial transaction.
(3) The source of money received pursuant to Sub section (2) shall be disclosed in a condition as provided by law.
If a non-resident Nepali makes investment in Nepal, shall inform thereof to the prescribed authority upon mentioning prescribed particulars.
Notwithstanding anything contained in prevailing law, a non-resident Nepali may repatriate the investment and the amount equivalent to the profit earned there from, in convertible foreign currency in the manner as prescribed
(1) Notwithstanding anything contained in the prevailing law, a foreign citizen of Nepalese origin may, subject to prescribed condition, purchase the prescribed land or other property in order to reside within Nepal for him/herself or his/her own family.
(2) A foreign citizen of Nepalese origin may, subject to prevailing law, assign (transfer) the property purchased pursuant to sub-section (1), to anyone.
(3) If, the inheritance of a foreign citizen of Nepalese origin takes place due to his/her death and he/she has any property in Nepal, such property shall devolve to his/her heir who is a foreign citizen of Nepalese origin having identity card, and in the absence of such heir it shall be decided as provided by the prevailing law.
(1)Notwithstanding anything contained in the prevailing law, a non-residential visa may be issued for a period not exceeding Ten years to the foreign citizen of Nepalese origin or his/her family resided or has made investment in Nepal and who has acquired identity card;
(2) The period of visa issued pursuant to Sub-section (1) may be extended as per necessity.
Notwithstanding anything contained in the prevailing law, the following shall be in relation to following thing:-
(a) No tax shall be levied on the capital amount at the time of investment made by a non-resident Nepali;
(b) No tax shall be levied upon the amount at the time of reception which in sent to his/her close relatives, who is a Nepalese citizen, by a nonresident Nepali for individual use of such person in a sum not exceeding Fifteen Million Rupees in a fiscal year through any commercial bank or financial institution licensed by the Nepal Rastra Bank (central Bank of Nepal) for financial transaction;
(c) No tax shall be levied upon the amount at the time of reception which in sent to, any social religious, academic, cultural, charitable, sports or natural calamities rescue related institution established without taking goal of profit, by a non-resident Nepali through any commercial bank or financial institution licensed by the Nepal Rastra Bank (central bank of Nepal).
A foreign citizen of Nepalese origin who has made investment pursuant to the prevailing law is entitled to run any industry or business as good as a citizen of Nepal.
A foreign citizen of Nepalese origin, who has made investment pursuant to this Act, shall be entitled to get the facilities which are provided to any foreign national for his/her investment in Nepal in convertible foreign currency pursuant to the prevailing law
(1) The government of Nepal may, upon publishing a Notification in the Nepal Gazette, constitute an Advisory Board
to be represented including the association of non-resident Nepalese in order to advise the government of Nepal, to make timely provision relating to foreign investment policy and laws, in the matter relating to motivate the non-resident Nepali to make investment in Nepal and to maintain the good relationship among non-resident Nepalis.
(2) Other functions, duties, powers and procedures of the advisory board pursuant to Sub-section (1) shall be as prescribed.
(1) Notwithstanding
anything contained in the prevailing law non-resident Nepalese shall be entitled to form a union of non-resident Nepalis within Nepal for the purpose of enhancing mutual co-operation and good will among non-resident Nepalis.
(2) The registration and other provisions of the union of non- resident Nepalis shall be as prescribed.
(1) Notwithstanding anything
contained elsewhere in this Act, if a Nepalese citizen residing abroad acquires the citizenship of a foreign country, the identity card obtained by him/her pursuant to this Act shall, ipso facto, be cancelled (2) If an identity card is cancelled pursuant to sub-section (1) the concerned Nepalese citizen residing abroad shall not be entitled to get any facility and concession in that status pursuant to this Act.
the government of Nepal may make necessary Rules in order to implement the objectives of this Act.
Date of Authentication and Publication
2042-5-12 (28 August 1985)
Amendments,
1. Nepal Special Service
(First Amendment) Act, 2047 (1991) 2047-12-29 (12 April 1991)
2. Republic Strengthening and Some
Nepal Laws Amendment Act, 2066 (2010) 2066-10-7 (21 Jan. 2010)
Act Number 9 of the Year 2042 (1985)
Preamble: Whereas, it is expedient to constitute Nepal Special Service and to provide for provisions on condition of said service for maintaining security of Nepal.
Now, therefore, be it enacted by His Majesty the king Birenda Bir Bikram Shah Dev on advice and with consent of Rastriya Panchayat.
(1) This Act may be called “Nepal Special Service Act, 2042 (1985)”.
(2) It shall come into force immediately
In this Act, unless the subject or context otherwise requires;
(a) “Service” means Nepal Special Service to be constituted pursuant to
Section 3.
2(b) “Office” means National Investigation (intelligence) Department established pursuant to Section 4 and any regional, zonal and district office under the said Department.
(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules framed under this Act.
(1) National Investigation Department shall be established under the Ministry of Home Affairs to operate service related functions.
(2) Regional, zonal and district office, as may be required, may be established under the supervision and control of National Investigation Department established pursuant to Sub-section (1).
(3) Nepal Janasamparka pradhan karyalaya (Nepal Public Relation Head Quarters) established before the commencement of this Act and offices there under shall be deemed to have been transformed in to the National Investigation Department and sub-ordinate offices, as the case may be.
The functions, duties and powers of office shall be as prescribed.
(1) The Government of Nepal may cause the National Investigation Department to investigate the matters which it deems necessary.
(2) In the course of investigation to be made by the National Investigation Department pursuant to Sub-section (1) the investigating officer may exercise powers of police conferred pursuant to Police Act, 2012.
(3) If any irregularity is found through the investigation carried out by National Investigation Department pursuant to Sub-section (1) the Government of Nepal shall prosecute against concerned person in accordance with the prevailing law.
It shall be duty of government office or person to co-operate the employee, who shows identity card of office, in the
course of discharging his/her office related function.
Appointment, transfer, promotion removal from the Service and other conditions of service of employee of the Service shall be as prescribed.
(1) Except in the offence punishable pursuant to Section 9, no employee of the Service or person deputed in the function of Service shall be questioned by any body, authority or court as to when and to whom he/she submitted the information collected in the course of discharging his/her duty or what information was collected by him/her, nor shall be produced before the said organization (body, authority or court) in this regard.
(2) No one shall be compelled to submit or express confidential document of office to any other body, authority or court other than authorized official
(1) No employee of Service shall abuse his/her office nor shall any person deputed in the function of the Service act in contravention of his/her duty.
(2) No employee of the Service or a person deputed in the function of the Service shall breach confidentiality of Service related function in any way when he/she is in the Service or during in the function of the Service or even after removal or discharge from the Service.
An employ of the Service or a person deputed in the function of the Service who acts in contravention of this Act shall be liable to an imprisonment for a term not exceeding Ten years or a fine up to Ten Thousand Rupees or the both 6 depending on the gravity of offence and if he/she has caused any loss or damage of property, the amount of loss or
damage shall be recovered upon making auction of his/her movable and immovable property. If such property is not sufficient for compensation he/she shall be imprisoned in accordance with prevailing law for the dues as if he/she fails to pay fine.
(1) The court constituted or prescribed by the Government of Nepal upon publishing a Notification in Nepal Gazette shall have power to try a case under this Act.
(2) A court pursuant to Sub-section (1) shall follow the procedures as referred to in Special Court Act, 2059.
Provided that notwithstanding anything contained in Clause (e) of Section 77 of Special Court Act, 2059 or in other prevailing law in respect of holding a person under detention, if there is a reasonable reason to keep an accused in custody for trial, the court may order to hold such accused under detention for trial upon setting out the statement of government attorney in this regard, if any. In case an accused is so detained, no complaint shall be lodged upon raising a question against the said order.
(3) An appeal may be filed before Supreme Court against the judgments or final order made by the Court pursuant to Sub-section (1) and such appeal shall be heard and decided by a bench of at least three judges.
The trial and appeal of a case filed pursuant to this
Act shall be heard and decided in camera
The Government of Nepal may frame necessary
Rules to carry out the objectives of this Act and such Rules shall not be
published for Public.
Date of Authentication and Publication
2027.12.30(12 April 1971)
Amendments:
1. Judicial Administration Reforms Act, 2031(1974) 2031.4.18(2 Aug. 1974 )
2. Judicial Administration Reforms (Fourth Amendment) Act, 2043(1986) 2043.7.24(10 Nov. 1986)
3. Administration of Justice Act, 2048(1991) 2048.2.16(30 May 1991)
41. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010) 2066.10.7 (21 Jan. 2010)
Act Number 16 of the year 2027(1971)
An Act Made to Provide for Certificates and Logbooks of Nepalese
Ships Travelling at Sea
Preamble: Whereas, it is expedient to provide for the certificates and logbooks of
Nepalese ship travelling at sea;
Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has, on
the advice and with the consent of the National Panchayat, made this Act.
1. Short title, extent and commencement:
(1) This Act may be called as “Nepalese Ships (Certificates and Logbooks) Act, 2027 (1971).”
(2) It shall come into force throughout………….3 Nepal, and apply to any ship registered or required to be registered pursuant to the Ship Registration Act, 2027(1971) and the owner, navigator and employee of the ship, wherever situated.
(3) It shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Nepal Ship Office” means the Nepal Ship Office established under the Ship Registration Act, 2027(1971).
(b) “Ship” means a vessel that travels at sea and has the bearing capacity of at least ten gross register tons.
(c) “Passenger ship” means a ship authorized to carry more than 12 passengers.
(d) “Cargo ship” means any other ship other than a passenger ship.
(e) “Tanker” means a cargo ship built or modified to carry liquids in huge quantity.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
3. Certificates and logbooks: (1) Each Nepalese ship shall hold the certificates and logbooks as referred to in this Act.
(2) Such certificates and logbooks shall certify the identity of the ship, sea worthiness of the ship (capacity to travel at sea) and that the other requirements of a ship travelling at sea have been met.
(3) The language of such certificates and logbooks shall be Nepali. Provided that, English may also be used as a second language, in addition to the Nepali language.
(4) Such certificates and logbooks shall at all times be held in the ship and be submitted as and when so required by any authorized officer of any ship office or by diplomatic or consular representative of Nepal.
4. Registration certificate: Each ship of Nepal shall hold the registration certificate obtained under the Ship Registration Act, 2027(1971). Such a certificate shall certify the nationality of the ship, assigned function and class
of navigation, and record the ownership of the ship and charges and restrictions imposed on the ship.
5. Provisional certificate of nationality: A newly purchased ship which is yet to be registered under the Ship Registration Act, 2027(1971) or which has lost the registration certificate or which has been damaged shall hold the
provisional certificate of nationality obtained pursuant to this Act.
6. Navigator manifesto: (1) Each ship of Nepal shall hold a navigator manifesto as prescribed. Such a manifesto shall mention the name, age, status of appointment, qualification and nationality of each navigator of the ship.
(2) Such a manifesto shall also mention such minimum number of navigators and composition thereof as may be necessary to meet the requirement of safety of navigation.
7. Certificate of safety: After the capacity of any ship of Nepal to travel at sea (sea worthiness) has been certified by a competent classification society recognized by the Government of Nepal pursuant to the provisions set forth
in the International Conventional for the Safety of Life at Sea, 1960, the navigator inspector at the Nepal Ship Office shall grant the following certificates of safety to the following ship, and the formats of such certificates shall be as prescribed:
(1) To a passenger ship: Certificate of safety of passenger ship.
(2) To a cargo ship:
(a) Certificate of safety of construction of a cargo ship of 500 or more than 500 gross tonnage.
(b) Certificate of safety of equipment of a cargo ship of 500 or more than 500 gross tonnage.
(c) Certificate of safety of radiography of a cargo ship of 1600 or more than 1600 gross tonnage.
(d) Certificate of safety of radio telephony of a cargo ship of more than 300 but less than 1600 gross tonnage and in which a radio telegraph station has not been installed.
(3) To all ships set forth in Clauses (1) and (2), the seaworthiness certificate (capacity to travel at sea).
(4) To a passenger or cargo ship of 150 or more than 150 gross tonnage, certificate of international load line.
(5) If any ship has to travel at sea owing to an extraordinary situation, to such a ship, a certificate of exemption to the effect that the ship has adequate safety to travel at sea one time despite that the ship has not met some requirements set forth in the International Conventional for the Safety of Life at Sea, 1960.
8. Certificate of tonnage: (1) Each ship of Nepal shall obtain the certificate of tonnage as prescribed. Such a certificate shall certify the gross and net tonnage of that ship.
(2) The navigator inspector of the Nepal Ship Office shall issue such a certificate by collecting the prescribed fees.
9. De-ratting certificate:
(1) A rat victim ship shall obtain the certificate of de-ratting as prescribed as evidence to the effect that the ship has
satisfactorily completed the de-ratting.
(2) If a ship is not victim of rat or is not suspect of being victim of rat or if the number of rats is negligible, the ship has to obtain a certificate showing that the ship is not victim of rat as well as a certificate that such a ship has been exempted from de-ratting for any specific period, where the ship has been held permanently.
(3) The de-ratting certificate or certificate of exemption from deratting granted by the quarantine officer at any port where a ship of Nepal takes a halt shall be valid.
10. Period of certificate: (1) The period of certificates as referred to in Clauses (1), (2) and (3) of Section 7 shall be One year and that period may be extended for a maximum period of One Hundred Twenty days. Provided that, in the case of the sea worthiness certificate, such period may be extended for a maximum period of One Hundred Fifty days.
(2) If any ship is damaged, causing adverse effect to its sea worthiness (capacity to travel at sea), all certificates obtained by that ship pursuant to Section 7 shall be invalid.
(3) The certificate of international load line shall be invalid after the expiration of the period specified in that certificate. Provided that, such period shall not be so specified as to exceed the period of more than Five years after the date of its issue.
(4) The certificate of exemption shall not be valid after the expiration of the period specified in it.
11. Logbook of ship: (1) A ship of Nepal of 50 or more than 50 gross tonnage and travelling at sea and of motive power exceeding 150 horse power irrespective of its tonnage shall hold a logbook of ship as prescribed.
(2) Details of navigation, works at the ship, navigators, passengers, weather observation, big accidents and hazards happened at sea, and officers of the ship office, owners of ship, consigner or consigners of cargo by ship,
insurers, underwriters and events of interest to all the concerned person shall be set down in such a logbook.
12. Logbook of engine: (1) A ship of Nepal of 50 or more than 50 gross tonnage and of motive power of 150 horse power or more, and travelling at sea, shall hold a logbook of engine as prescribed.
(2) Details relating to the motive power installed with the ship, particularly the situation of installations, functioning and use of engine, date of overhauling, type of function performed and operation thereof and all details relating to services shall be set down in such a logbook.
(2) If any ship is damaged, causing adverse effect to its sea worthiness (capacity to travel at sea), all certificates obtained by that ship pursuant to Section 7 shall be invalid.
(3) The certificate of international load line shall be invalid after the expiration of the period specified in that certificate. Provided that, such period shall not be so specified as to exceed the period of more than Five years after the date of its issue.
(4) The certificate of exemption shall not be valid after the expiration of the period specified in it.
11. Logbook of ship: (1) A ship of Nepal of 50 or more than 50 gross tonnage and travelling at sea and of motive power exceeding 150 horse power irrespective of its tonnage shall hold a logbook of ship as prescribed.
(2) Details of navigation, works at the ship, navigators, passengers, weather observation, big accidents and hazards happened at sea, and officers of the ship office, owners of ship, consigner or consigners of cargo by ship, insurers, underwriters and events of interest to all the concerned person shall be set down in such a logbook.
12. Logbook of engine: (1) A ship of Nepal of 50 or more than 50 gross tonnage and of motive power of 150 horse power or more, and travelling at sea, shall hold a logbook of engine as prescribed.
(2) Details relating to the motive power installed with the ship, particularly the situation of installations, functioning and use of engine, date of overhauling, type of function performed and operation thereof and all details relating to services shall be set down in such a logbook.
Provided that, in the case of a ship which have been transferred to a foreign country, it is not required to surrender such certificates and logbooks.
(2) After any logbook of a ship of Nepal travelling at sea has been fully used, such logbook shall be held in the ship until One year and then surrendered to the Nepal Ship Office.
(3) The Nepal Ship Office shall safely retain the certificates and logbooks of ships received pursuant to this Section until Ten years after the date of receipt thereof.
17. Punishment: (1) A person or body corporate that gives permission to any ship which does not hold certificates and logbooks pursuant to this Act to make navigation shall be punished with a fine not exceeding Eight Thousand
Rupees.
(2) If any ship of Nepal that does not have a logbook pursuant to this Act is taken for sea voyage or if a ship holding certificates of which validity has expired is engaged in navigation, the person or body corporate that so
carries the ship for sea voyage or engages the ship in navigation shall be punished with a fine not exceeding One Thousand Five Hundred Rupees.
(3) The master of a ship shall be punished with a fine not exceeding One Thousand Rupees in the following circumstance:
(a) In the event of failure to hold any such document as required to be held in ship pursuant to this Act,
(b) In the event of failure to properly maintain logbooks,
(c) In the event of failure to submit the certificates and logbooks as and when so required by the competent
authorities,
(d) In the event of failure to surrender the certificates and logbooks of the ship of which registration has been
voided to the Nepal Ship Office, or
(e) In the event of failure to hold the logbooks fully used in the ship until the time-limit specified in Sub-section (2) of Section 16.
(4) A navigator who fails to do any act required to be done pursuant to this Act shall be punished with a fine not exceeding Five Hundred Rupees.
18. To try cases: (1) The Registrar of the Nepal Ship Office shall have the powers to originally try and settle cases relating to the offenses punishable under this Act.
(2) In trying and settling cases pursuant to Sub-section (1), the Registrar shall exercise all such powers as may be exercisable by the District Court pursuant to the prevailing Nepal law, and follow the procedures of that
Court.
(3) If the Registrar considers necessary, he or she may carry out necessary inquiry even outside………….4 Nepal by himself or herself or through other officer.
(4) One who is not satisfied with a decision made by the Registrar pursuant to Sub-section (1) may make an appeal to the Court of Appeal5 within Thirty Five days.
19. Power to frame Rules: The Government of Nepal may frame Rules to implement the objectives of this Act, and such Rules shall be deemed to have come into force after being published in the Nepal Gazette.
Date of authentication
and publication in Nepal Gazette
2021.6.17 (2 Oct. 1964)
Amendments
1. Judicial Administration Reform Act, 2031 (1974) 2031.4.18 (2 Aug. 1974)
2. Administration of Justice Act, 2048 (1991) 2048.2.16 (30 May 1991)
3. Republic Strengthening and Some Nepal Laws 2066.10.7(21 Jan. 2010)
Amendment Act, 2066 (2010)
Act Number 21 of the Year 2021(1964)
An Act made to establish and provide for the Nepali Language
Publication Corporation
Preamble: Whereas, it is expedient to form and provide for the Nepali language publication board as a corporation in order to elevate the standard of its publication and make more timely, popular and effective by taking out the
operation and administration of the Nepali language publication board from the control of the Government of Nepal any by forging the involvement of the general people therein to the extent possible, for maintaining the convenience and economic interest of the general people and the student class, by making publication and distribution of course books, literary books and various books more easily available and convenient; Now, therefore, be it enacted by His Majesty King Mahendra Bir Bikram Shah Dev on the advice and consent of the Rastriya Panchayat.
1. Short title, extension and commencement: (1) This Act may be called as the “Nepali Language Publication Corporation Act, 2021 (1964).”
(2) This Act shall extend throughout ………..3 Nepal.
(3) This Section of this Act shall come into force immediately, and the Other Section shall come into force on such date as may be appointed by the Government of Nepal, by publishing a Notification in the Nepal Gazette.
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Corporation” means the Nepali Language Publication Corporation established under this Act.
(b) “Board” means the board of directors of the Corporation.
(c) “Managing director” means the then managing director of the Corporation, and this term also includes a person acting for him or her.
(d) “Books” means governmental, non-governmental publications, books, booklets, posters, charts, calendars, course and reading materials useful for schools, colleges.
(e) “Shareholder” means a shareholder who subscribes a share allotted in accordance with the Rules framed under this Act.
(f) “Foreign agency” means any foreign government or agency of a foreign government or any international organization or foreign association/institution.
(g) “Director” means the then director of the Corporation.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or Bye-laws framed under this Act.
3. Establishment of the Corporation: (1) There shall be established a Corporation by the name of the Nepali Language Publication Corporation.
(2) The Corporation shall be an autonomous body corporate with perpetual succession. This Corporation shall have a separate seal of its own for all of its activities. It may, subject to this Act and the prevailing Nepal laws, acquire, use, sell and transmit any movable and immovable property. It may sue by its name and be also sued by the same name.
(3) The head office of the Corporation shall be situated in Kathmandu, and it shall be lawful for the Corporation to appoint agents, and establish sales centers within …….4 Nepal or in foreign countries.
4. Capital, share and shareholders: (1) The preliminary authorized capital of the Corporation shall be One Million Rupees. The amount shall be divided into a total of One Hundred Thousand shares. The preliminary authorized capital of the Corporation may be altered with the approval of the Government of Nepal.
(2) The Government of Nepal may subscribe a maximum of Sixty percent out of the share capital issued by the Corporation, and the other remaining shares shall be sold to the general people and governmental or other bodies.
(3) Each share shall be indivisible.
(4) Restriction may generally be made on the sale of shares in excess of 500 (Five Hundred) shares to any person or body corporate other than a cooperative body.
(5) The liability of shareholders of the Corporation shall be limited.
5. Disqualification for shareholder: Any person, other than a citizen of Nepal or a company or cooperative body registered under the Nepal laws or corporation or body corporate established under the Nepal Act, shall not be
entitled to subscribe shares of, or be a shareholder of the Corporation, without obtaining the permission of the Government of Nepal.
6. Power to receive grant and borrow loan: The Corporation may borrow cash or in-kind or accept a grant as required to increase its working capital, in accordance with a resolution adopted by the general meeting, after the provision of the general meeting has been made, and failing the provision of the general meeting, by obtaining approval of the Government of Nepal, until the provision of the general meeting is made. Provided that, even after the provision of the general meeting has been made, the Corporation shall not borrow a loan or accept a grant from
any foreign agency without obtaining approval of the Government of Nepal.
7. Management: The Board shall look after, direct and manage all the functions and affairs of the Corporation, except as otherwise mentioned in this Act or the Rules, Bye-laws framed under this Act. Provided that, the Board may so delegate such duties and powers, out of the duties and powers set forth in this Act or the Rule or Bye-laws
framed under this Act as it deems necessary and appropriate to the managing director or a sub-committee consisting of one or more directors or other officers of the Corporation as to be performed and carried out by them.
8. Formation of the Board and tenure of directors: (1) The Board of Directors (hereinafter referred to as “Board”) shall consist of Nine directors, out of whom, Five directors shall be nominated by the Government of Nepal and the remaining Four directors shall be elected by the general meeting of the shareholders.
(2) Pending the provision of election by the general meeting, the remaining Four directors shall also be nominated by the Government of Nepal.
(3) The Government of Nepal shall appoint as the chairperson of the Board from amongst the directors.
(4) The directors nominated pursuant to Sub-section (1) shall, unless dismissed earlier by the Government of Nepal, shall hold office generally for the period set forth in their appointment letter.
(5) The tenure of the directors nominated pursuant to Sub-section (1) shall depend on the pleasure of the Government of Nepal. Provided that:
(a) These directors shall ipso facto relieve of office after the directors have been elected by the general meeting
and assumed their office.
(b) Nothing contained in this Section shall not bar the electing of any such dismissed person to the office of
director.
(6) The tenure of the elected director shall be Four years, and upon the expiration of their tenure, they may be re-elected to the office of director.
9. Disqualification for director: Any of the following persons shall not be eligible to be a director:
(a) Who is a paid employee of the Corporation, or
(b) Who has become insolvent, or (c) Who is of unsound mind or is insane, or (d) Who is convicted by a court of a criminal offense involving moral turpitude, and sentenced to imprisonment, or (e) Who has obtained any contract in the transaction of the Corporation.
10. Circumstance where director may be removed: The nominated director may be removed by the Government of Nepal and the elected director may be removed by a majority of the shareholders present at the general meeting, in the following circumstance:
(a) If he or she suffers any disqualification set forth in Section 9, or
(b) If he or she absents from the meeting of the Board for more than Three consecutive meetings, without permission of the Board and the reason for such absence is not reasonable in the opinion of the Government of Nepal, in the case of the nominated director, and of the general meeting in the case of the elected director, or
(c) If he or she is proved to have partnership in any contract entered into with the Corporation in violation of Section 16.
11. Resignation of directors and fulfillment of vacancy: (1) Any nominated director may resign from office by giving a notice in writing to the Government of Nepal and any elected director may do so by giving such a notice to the Board. Upon acceptance of resignation, he or she shall be deemed to have abandoned the office.
(2) If the office of a nominated or elected director falls vacant because of his or her death, resignation or any other reason, the vacancy shall be fulfilled by another nomination or election, as the case may be, and such an elected director shall hold the office only for the remainder of the term of the predecessor.
(3) Any acts of the Board already done shall not be invalid by the reason only that any irregularity was made in the formation of the Board or that the office of any director fell vacant.
12. Remuneration of directors: The remuneration of the directors shall be as prescribed.
13. Meetings of the Board:
(1) The meeting of the Board shall be held at such place and time as specified, and the rules of procedures of the Board shall be as prescribed. Meetings of the Board shall be presided over by a director selected by the directors from amongst themselves, in the absence of the chairperson.
(2) If more than Fifty percent of the then directors of the Board are present in a meeting of the Board, the quorum of the Board shall be deemed to have been constituted, and if the meeting is not attended by the quorum, the meeting shall be adjourned.
(3) The decision of a majority of the directors who attend and vote at the meeting of the Board shall be binding. The director presiding over the meeting shall not generally be entitled to vote, but may exercise the casting
vote in the event of a tie.
14. Appointment of managing director, advisers and employees: The Board may appoint one managing director and such other advisers and employees as required for the efficient operation of its functions. Their appointment, terms and conditions of service and emolument (Mehantana) shall be as specified in the Bye-laws. Provided that, the Government of Nepal shall appoint first managing director of the Corporation and shall also fix his or her duties, powers and other terms and conditions of this service. The emolument and other facilities receivable by him or her in accordance with the terms and conditions shall be paid from the fund of the Corporation as specified by the Government of Nepal.
15. To take action against managing director and other employee: (1) If the Government of Nepal is of the opinion that the managing director has misused his or her powers specified by this Act or the Rules, Bye-laws framed under this Act or exercised more powers than those so specified or misappropriate the property or fund of the Corporation, the Government of Nepal may suspend the managing director, and the Board may suspend any other employee if it is of the opinion that such an employee has done so.
(2) The Government of Nepal may cause inquiries into the managing director suspended pursuant to Sub-section (1) to be carried out by such a judge of the Court of Appeal5 or a person who has qualification to be such judge as specified by the Government of Nepal, and the Board may cause such inquires about the other employees to be carried out by a person whom the Board considers appropriate.
(3) The judge or person specified or designated to carry out inquiries under Sub-section (2) shall have all such powers as the district court has in relation to taking depositions, summoning the production of documents and
examining witnesses, for the purposes of this Section.
(4) In view of the reports of such inquiries, the Government of Nepal, in the case of the managing director, and the Board, in the case of the other employees, may order imposing any kind of penalties as specified
in the Rules, Bye-laws.
(5) The managing director who is not satisfied with such an order may make an appeal to the Supreme Court and the other employees who are not satisfied with the same may make an appeal to the Government of Nepal in accordance with the prevailing laws.
(6) The person who is suspended pursuant to Sub-section (1) shall not be entitled to any emolument during the period of suspension. Provided that, if the charge made is not proved and the suspended person is acquitted, such a person shall be entitled to full emolument during the period of suspension.
16. Restriction on director and managing director of the Corporation:
The director and managing director of the Corporation shall not be a partner in any contract with the Corporation.
Provided that, immediately when each director or the managing director knows that he or she has directly or indirectly any concern in any contract made by or proposed to be made by the Corporation or any
contract made by or proposed to be made by any subsidiary body of the Corporation and submitted to the Board of Directors for its consideration, such a director or managing director shall disclose the matter to the meeting of the Board as soon as possible. The matter so disclosed shall be recorded in the minutes, and the concerned director shall not take part in any deliberations or decisions made by the Board in relation to that contract.
17. Functions and duties of the Corporation:
(1) It shall be the main duty of the Corporation to operate and manage it as a high class publication body by publishing such books, etc. as may be useful for schools, colleges and general people, by keeping the Corporation free from the influence of any political or economic party or ideology.
(2) The Corporation may also publish other useful maps, calendars etc. taking into consideration of the public interest, without prejudice to the duties set forth in Sub-section (1).
(3) Without prejudice to the generality of the powers and duties under Sub-section (1), the Corporation may in particular perform the following functions or exercise the following powers:
(a) To carry out all acts including getting books etc. to be written, translated, and printing, publication, distribution, advertisement and operation thereof,
17. Functions and duties of the Corporation: (1) It shall be the main duty of the Corporation to operate and manage it as a high class publication body by publishing such books, etc. as may be useful for schools, colleges and general people, by keeping the Corporation free from the influence of any political or economic party or ideology.
(2) The Corporation may also publish other useful maps, calendars etc. taking into consideration of the public interest, without prejudice to the duties set forth in Sub-section (1). (3) Without prejudice to the generality of the powers and duties under Sub-section (1), the Corporation may in particular perform the following functions or exercise the following powers:
(a) To carry out all acts including getting books etc. to be written, translated, and printing, publication, distribution, advertisement and operation thereof,
(n) To open sales centres or give agency in various places within ………..Nepal6 and abroad for the collection and sale and distribution of its publications and those made by it,
(o) To invest its money in such securities as permitted by the Government of Nepal, and
(p) To perform all such other functions as may be necessary to perform and exercise its duties and powers under this Act and to implement the objectives of this Act and may be required in that course.
18. To obtain prior approval of the Government of Nepal: The Corporation shall not do the following act without obtaining prior approval of the Government of Nepal:
(a) To expend capital to purchase or obtain any immovable property valued at more than One Hundred Thousand Rupees, or (b) To take or furnish security of any immovable property for a term more than Five years, or
(c) To sell or transmit any property or right or facility valued at more than Fifty Thousand Rupees.
19. To submit programmes:
(1) The Board shall, at least Three months in advance of the commencement of the financial year of the Corporation,
submit proposed cost estimate along with the programmes on operations to be carried out by the Corporation and its subsidiary organs in the coming financial year, development works, capital investment and details of additional employees, if so required, to the general meeting for approval.
(2) If the Board desires to do any other special business, in addition to the programmes already submitted pursuant to Sub-section (1), in any financial year, and it may make a substantial change in the proposed cost,
the Board shall submit such supplementary programs and the costs to be borne when remaining amounts to be received in the said financial year to the general meeting for approval.
(3) Until the provision of the general meeting is made, the Board shall submit the statements (lagat) as referred to in Sub-sections (1) and (2) to the Government of Nepal.
20. General Meeting: (1) A general meeting (hereinafter referred to as the annual general meeting) shall be held at the head office of the Corporation in each year within Two months after the date of closure of annual accounts of the Corporation, following the sale of shares of at least Five percent value of the share capital issued by the Corporation for sale to the general people. If the shareholders holding at least Five percent make a written application signed by them or the Board considers necessary so to do, the extra-ordinary general meeting of the Corporation shall be held at any other time.
(2) If at least One-Thirds shareholders do not attend a general meeting in person or by proxy, the quorum for the general meeting shall not be deemed to have been constituted. A general meeting called for the second time upon not being attended by the quorum may be deemed to be attended by the quorum if it is attended by One-Sixths of the shareholders. Provided that if the general meeting called for the second time is not even attended by a quorum as mentioned, a submission containing that matter shall be made to the Government of Nepal, and it shall be done as
sanctioned.
(3) The shareholders present at the annual general meeting shall discuss the annual accounts, profit and loss account, matters contained in the auditor’s report in relation thereto and the Board’s report on the affairs
of the Corporation carried out throughout the year. These matters shall be submitted to the Government of Nepal until the provision of the annual general meeting is made.
(4) Each person whose name is entered as a shareholder of the Corporation may cast one vote. No shareholder may exercise vote without being present at a general meeting in person or by proxy.
(5) Any decision at the general meeting shall be made by a simple majority of the shareholders and proxies attending and voting thereat.
21. Power of the Government of Nepal to make decisions and give directions:
(1) If there is divergence of opinion between the general meeting and the Board on the operation of the Corporation, a submission shall be made to the Government of Nepal for its decision, and the decision made thereon by the Government of Nepal shall be final.
(2) If the Government of Nepal considers appropriate so to do for national interest, it may give direction as follows to the Corporation, and it shall be duty of the Corporation to abide such a direction:
(a) To operate any specific service or carry out any other act in any specific area, or (b) To refrain from doing any act being done by the Corporation in any specific area, or to alter such an act or close the same totally, or (c) Not to do any act about to be done by the Corporation.
22. Power of Government of Nepal to make inquiries into activities of Corporation: (1) The Government of Nepal may, by publishing a Notification in the Nepal Gazette, appoint one inspector to inquire into the affairs of the Corporation.
(2) The inspector appointed pursuant to Sub-section (1) shall be entitled to examine all accounts and books of accounts and documents of the Corporation.
(3) The inspector appointed under this Section shall submit a report to the Government of Nepal.
23. Fund of the Corporation:
(1) The Corporation shall have a separate fund of its own. All amounts received by the Corporation including loans
and grants shall be credited to the fund, and the expenses to be made on behalf of the Corporation shall also be chargeable on that fund.
(2) All amounts of the fund shall be deposited in the Nepal Rastra Bank or any other bank as permitted by the Government of Nepal.
(3) The Board shall have powers to make such expenses as considered appropriate for the activities authorized pursuant to this Act and the Rules, Bye-laws framed under this Act.
24. To bear liabilities: Any liabilities devolved on by the Government of Nepal or assumed by the Government of Nepal and contracts in relation to the matters set forth in this Act, prior to the establishment of theCorporation, shall be deemed to have been undertaken, assumed or entered into with or by or on behalf of the Corporation to the extent that as set aside by the Government of Nepal for the Corporation.
25. Mode of maintaining accounts: Accounts of incomes and expenses of the Corporation shall be maintained in such form and manner as may be approved by the Government of Nepal.
26. Distribution of profits: The distribution and use of profits made by the Corporation shall be as prescribed.
27. Audit: (1) The accounts of the Corporation shall be audited by a total of Two auditors, consisting of one audited designated by the Government of Nepal and the other selected by the shareholders. The auditor to be selected
by the shareholders shall be selected at the annual general meeting, and the remuneration of the auditor shall also be specified by that meeting. Provided that, one auditor designated by the Government of Nepal shall perform the audit until the provision of the general meeting is made.
(2) If the office of the auditor selected by the general meeting falls vacant for any reason, the Government of Nepal may fill the vacancy until another general meeting is held.
(3) It shall be the duty of the auditors to audit the annual accounts and profit and loss account and related receipts of the Corporation. All records of accounts and books of the Corporation shall be made available to
the auditors. They may, at any reasonable time, inspect and examine any accounts and documents of the Corporation or held by any of its officebearers or employees in any place.
(4) The auditors shall submit one copy of the audit report made by them to the Government of Nepal and the other copy to the annual general meeting of the Corporation, after the provision of the general meeting is made. The report shall clearly state the following matters:
(a) Whether annual accounts and profit and loss account have been so properly and duly maintained, clearly indicating all required matters as to reflect the actual financial condition of the Corporation or not
(b) Whether the Corporation has provided any such explanation or information as sought by the auditors or
not, and if so provided, whether such explanation or information is satisfactory or not;
(c) Whether the annual accounts and profit and loss accounts submitted are in order or not.
(5) The auditors may submit such proposals as they consider appropriate for the proper arrangement of the Corporation. The Board shall include the proposals so submitted in the agenda of the general meeting.
(6) The Government of Nepal may, at any time, give direction to the auditors to submit to it a report indicating whether the steps being taken by the Corporation are sufficient or not for the proper protection of the shareholders and creditors and whether the manner of maintaining accounts of the Corporation is proper or not.
(7) The Government of Nepal may, based on the report received pursuant to Sub-section (4) or (6), give direction to the Corporation for necessary reform or provision.
28. To take oath to maintain secrecy and not to commit a breach of trust: Prior assumption of their office, each director, managing director, auditor, officer and other employee of the Corporation shall take an oath as set forth in the Schedule.
29. Settlement of dispute by arbitration: (1) If there arises any dispute between the Board of Directors, managing director and any officers or employees in relation to the terms and conditions existing between any of them, the dispute shall be settled only by one judge of the Court of Appeal7 as designated by the Government of Nepal, depending on the circumstance.
(2) The arbitrator shall have the same powers as the court has in relation to the examining of witness and evidence, summoning the attendance of parties and opposite parties and the production of documents, in relation to the dispute referred to arbitration under Sub-section (1) for decision/settlement.
(3) The arbitral award shall be final and binding to all parties. Provided that, if an application is made by the aggrieved party, the Court of Appeal8 may void the award and may make another decision only in the following circumstance:
(a) If it clearly appears that the arbitrator has indulged in improper conduct in making award or made the wrong
award showing any specific ulterior motive or being subjective, or (b) If the arbitral award is directly contrary to law.
30. Penalties:
(1) If any person knowingly inserts, or causes to be inserted, a false content in, or forges, or caused to be forged, a document of, or held in, the Corporation, the person shall be liable to the penalty of imprisonment
for a term not exceeding Two years or a fine of up to Two Thousand Rupees or with both penalties.
(2) If any director or employee of the Corporation obstructs the inspector appointed under Section 22 or the auditor appointed under Section 27 with his or her business or does not provide, except for any reasonable reason, such document or information to such an inspector or auditor as demanded by him or her in accordance with law, or commits recklessness in the provision of such document or information, such a person shall be liable to the penalty of a fine of up to One Thousand Rupees.
(3) If any person uses the name of the Corporation in any prospectus or advertisement without obtaining written permission of the Corporation, the person shall be liable to the penalty of imprisonment for a term not
exceeding Six months or a fine of up to One Thousand Rupees or with both penalties.
(4) If any person who was the then director or managing director of the Corporation becomes a partner in a written contract made with the Corporation in violation of Section 16 and without making disclosure as required under that Section and makes or attempts to make any undue benefit in that capacity, that person shall be liable to the penalty of imprisonment for a term not exceeding Two years or a fine of up to Five Thousand Rupees or with both penalties.
31. Jurisdiction of court: The District Court shall have jurisdiction to originally try and settle cases in which the Corporation is plaintiff or defendant or any cases or other legal action under this Act.
32. To give as grant: The Government of Nepal shall provide all books and goods held by the Nepali Language Publication Board/Committee so far to the Corporation as a grant.
33. Power of the Government of Nepal to frame Rules: The Government of Nepal may frame Rules in order to accomplish the objectives of this Act, and these Rules shall come into force after their publication in the Nepal
Gazette.
34. Power of the Corporation to frame Bye-laws: The Corporation may frame Bye-laws, without being prejudicial to this Act or the Rules framed under this Act, for the proper accomplishment of the activities of the
I…………………… swear that I shall honestly and with truth and faith perform my duties in the capacity of the director, managing director, employee or auditor of the Corporation or in relation to the affairs entrusted to my office in the Corporation, to the best of my knowledge and capacity. I again swear that I shall not disclose or cause to be disclosed any information relating to the Corporation to any unauthorized person or allow any book, booklet or document relating to the Corporation and in custody of the Corporation for inspection or receipt by any person.