Agency (Amendment and Unification) Rules, 2019 (1963)

2. Definition:

Unless the subject or context otherwise requires, in these  Rules-
(a) “Act” means the Nepal Agency Act, 2014 (1957).
(b) “Schedule” means the Schedule of these Rules.

3. Format of Application:

A person interested to be an agent, while submitting an application under Section 4 of the Act, shall submit an
application in the format and by mentioning the details under Schedule 1 to the Director cum Controller, Government of Nepal, Department of Commerce.

1. Short Title and Commencement:

(1) These Rules may be called as “Agency (Amendment and Unification) Rules, 2019 (1963)”.
(2) These Rules shall come into force immediately.

4. Application and Registration Fee:

A person submitting an application under Rule 3 shall deposit Five Rupees for application fee and One  Hundred Rupees for registration fee. The applicant, in the case of not being registered the agency, shall be refunded the amount deposited for registration fee under this rule. Provided that, the amount of application fee  shall not be refunded to the applicant.

5. Duration of the Registered Agency, Renewal and Fee:

(1) An agency shall remain valid up to the last day of Chairta (Mid April) of the year in which it is registered. A person intending to get renewed the registration of his agency shall, prior to the termination of duration, have to
get renewed such registration by submitting application to the officer prescribed in Rule 3.
Provided that, the agencies having obtained approval of the Government of Nepal prior to coming into force of the Act, shall pay the lump sum amount of renewal fee from the date of coming into force of the Act to 2019 (1963) and if the agents being registered after coming into force of the Act to the last day of Chairta, 2018 (April 12, 1962) pay the
due charge of renewal of each year in lump sum at the rate as mentioned in sub-Rule (2) within the time limit specified by the Government of Nepal by publishing a notice in the Nepal Gazettee, the official prescribed in Rule 3
may renew the registration of such agencies on condition to be remained the validity up to the last day of Chaitra, 2019 (April 13, 1963) and issue the certificate thereof to the agent.

(2) A person applying for renewal shall submit renewal fee Twenty Rupees with the application. Provided that, the application fee shall not be levied.

6. To be submitted the statement:

Each registered agent, after coming into force of these Rules, shall submit the statement of his business in the
format of Schedule-2 to the office prescribed in Rule 3 in every Three months.

7. Transfer of ownership of agency:

(1) A person interested to gettransferred the ownership of agency being operated by a registered agent  shall submit application having enclosed a deed of consent of such registered agent and that of the company giving such agency to the official prescribed in Rule 3. Transfer fee Twenty Five Rupees should have been enclosed with the application. Provided that application fee, however, shall not be levied.

(2) The applicant, in the case of rejection of transfer of ownership, shall be refunded the amount deposited for transfer fee.

8. Repeal:

The Agency Fee Rules, 2015 (1958) and the Agency Fee (First Amendment) Rules, 2018 (1961) are, hereby, repealed.

Schedule-1 (Relating to Rule 3)

The Director cum Controller
Department of Commerce,
Government of Nepal, Singhdurbar, Nepal
Dear Sir,
I/we, having mentioned the short details of the agency obtained from the firm, have submitted the original/duplicate copy of my/our being agent of the said firm having enclosed herewith. I/will shall inform immediately in the case of
change of condition or rate while working as an agent of the said firm. I/we shall submit the statement of the  received, sold, stock goods of agency taken by me/us and their rate within three months to you. I/we, while selling the goods, shall not sell them without levying the commission/rebate and profit not to be more than the ceiling prescribed by the Government of Nepal. I/we would like to request you to register as a registered agent to act subject to the terms and conditions prescribed between the firm and the agent. I/we shall  act subject to the prevailing law of Nepal Name and address of the firm giving the agency:
Short details of the goods of which the agency has been obtained:
Area of the agency:
Address of the agent and agency:
Name of the owner/owners of the agent or agency: Applicant
Signature:
Thumb-impressions (both thumbs)
(a) Right
(b) Left

Schedule 2
(Relating to Rule 6)

The Director cum Controller
Department of Commerce
Government of Nepal, Singhdurbar, Nepal
Statement Form to be Submitted by the Agent or Agency

Name of the firm giving the agency:
Address of the same:
The aforementioned statement is right, and in case of being proved of my writing otherwise, I shall bear and pay under the
law of Nepal
Signature:
Full name of the agent or agency:
Address:
Name of owner/owners of agency:
Address