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Chapter-7 

Chapter-7 Miscellaneous
32. Delegation of authority :

The Government of Nepal may, by publishing a Notification in the Nepal Gazette, delegate the powers conferred to it by this Act to any body or any office employee of the Government of Nepal.

33. Punishment :

(1) If a communication enterprise suffers any loss or damage as a result of any act done by any working journalist, the Manager may file a lawsuit within Three months from the date of cause of action.
(2) If it is held that a communication enterprise has suffered any  loss or damage as a result of any act done by any working journalist knowingly or recklessly, the damages for the loss or damage caused by such a working journalist may be ordered to be recovered from him or her and he or she shall also be liable to a fine ranging from One
Thousand to Two Thousand Rupees.
(3) 20 If any Manager frequently does any act in contravention of this Act or the Rules framed under this Act, the Press Registrar may fine such a Manager with a sum of up to Twenty Five Thousand Rupees.
(4) 21 A Manager who is not satisfied with the punishment imposed pursuant to Sub-section (3) may make an appeal to the concerned Court of Appeal within Thirty Five days after the date of imposition of such punishment.

33A.  Power to recommend to restrict facilities :

If any communication enterprise does any act in contravention of this Act or the Rules framed under this Act, the Press Registrar may make a recommendation to the concerned body to prevent the provision of the following facilities to such a communication enterprise:
(a) If the communication enterprise is to publish newspapers, not to include such newspapers in the classification of newspapers pursuant to the laws in force;
(b) To restrict or cut down grants or advertisements to be provided by the Government of Nepal;
(c) To restrict the imports of communication materials or related raw materials;
(d) Not to include in a team of government visit.

34. Provisions relating to appointment, conditions of service and facilities of employees and workers :

(1) The provisions contained in this Act in relation to the appointment, conditions of service and facilities of working journalists shall also be equally applicable to the employees and workers.
(2) Notwithstanding anything contained in Sub-section (1), other provisions except the remuneration and facilities of working journalists, employees or workers engaged in a communication enterprise shall be as provided in the laws relating to the service, conditions of service and facilities of the concerned communication enterprise.
(3) Notwithstanding anything contained in Sub-section (2), if working journalists, employees or workers engaged in a communication enterprise are entitled to more remuneration and facilities than those set forth in this Act, nothing contained in this Act shall be deemed to bar the receiving such more remuneration and facilities.

34A. Formation of trade union : Working journalists may, subject to the laws in force in relation to trade unions, form a trade union in the communication enterprise in which they are engaged, with respect to the protection and promotion of their business and professional rights and interests.

34B.  Provisions relating to settlement of disputes :

(1) If there arise any disputes between working journalists, employees or workers and the management of a communication enterprise on any matters relating to the conditions of service and facilities, the Press Registrar may settle or cause the settlement of such disputes through various means such as negotiation, conciliation and mediation.
(2) If any disputes cannot be settled through the means as referred to in Sub-section (1), such disputes shall be settled in accordance with
the labour laws in force.

34C. Provisions relating to capacity building :

(1) The Government of Nepal and communication enterprises shall arrange for study and training for the development and building of professional competency,  efficiency and skills of working journalists.
(2) The Government of Nepal may, for the activities as referred to in Sub-section (1), provide financial and technical assistance to communication enterprises, and communication enterprises shall set
aside One percent of its total annual income.

34D.  Power to inspect and monitor :

(1) The Press Registrar may inspect and monitor any communication enterprise as to whether it has done any
act in contravention of this Act or the Rules framed under this Act.
(2) If, in making inspection and monitoring pursuant to Sub- section (1), any communication enterprise is found to have done any act in contravention of this Act or the Rules framed under this Act, the Press Registrar may give necessary direction to such a communication enterprise.
(3) It shall be the duty of the concerned communication enterprise to abide by the direction given by the Press Registrar pursuant to Sub- section (2).

34E.  Provisions of this Act not to apply :

(1) Notwithstanding anything contained elsewhere in this Act, any provisions contained in this Act shall not apply to such communication enterprises as may, in consultation with the Committee, be specified by the Government of
Nepal, by publishing a Notification in the Nepal Gazette.
(2) In specifying any communication enterprises to be exempted from any provisions of this Act pursuant to Sub-section (1), the Government of Nepal may take the following grounds into consideration:
(a) Volume of sale of newspapers;
(b) Capacity of radio equipment;
(c) Number of customers of cable television;
(d) Number of hits on-line magazines;
(e) Number of production of programmes;
(f) Number of distribution of news.

35. Laws in force to prevail : The matters contained herein shall be governed by this Act and the other matters shall be as provided in the laws in force.
36. Powers to frame Rules and Bye-laws :

(1) The Government of Nepal may frame necessary Rules for the accomplishment of the objectives of this Act.
(2) Subject to this Act or the Rules framed under this Act, every communication enterprise may frame Bye-laws on the service, conditions of service and facilities of working journalists, employees or workers.
(3) In framing Bye-laws pursuant to Sub-section (2), a communication enterprise shall not frame such Bye-laws providing for the service, conditions of service and facilities that are lesser than those specified in this Act and the Rules framed under this Act.

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