2
14. Powers conferred to be Exercisable from Time to Time : Where, by any Nepal Act, any power is conferred, then, unless a different intention appears,
that power may be exercised a from time to time as occasion requires.
15. Power to appoint to include power to appoint ex-officio: Where, by any Nepal Act, a power to appoint any person to fill any office or exercise any
function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act may be made
either by name or by virtue of office.
16. Power to Appoint to include power to suspend or Dismiss : Where, by any Nepal Act, a power to make any appointment is conferred in any post or
for any task, then, unless a different intention appears, the authority having, for the time being, power to make the appointment shall also have power to
suspend or dismiss any person, whether by itself or, or any other authority in exercise of that power.
16A. Power to do maximum penalty include remission :
Where, by any Nepal Act, a power to move an action or to do any penalty is conferred to any Authority, then, unless a different intention appears or it is otherwise
expressly provided, such Authority shall have power to move for soft action or to do less penalty
18. Successors : In any Nepal Act, it shall be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of
corporations having perpetual succession, to express its relation to the functionaries or corporations.
19. Subordinates Under the Official Chief :
In any Nepal Act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an official shall apply to the deputies or subordinates lawfully performing the duties of that office, in the place of their superior, to prescribe the duty of the superior.
20. Construction of Notification (orders) etc. issued under Enactments :
Where, by any Nepal Act, a power to issue any Notification, order, Scheme, Rule, form or by-law is conferred, then expressions used in the notification order, scheme, Rule, form or by-law, if it is made after the commencement of this Act, Shall, unless there is anything repugnant in the subject or context, have the same respective meanings an in the Act or bye-laws conferring the power.
21. Power to Issue, to Include power to add to, amend, vary or rescind Notifications, orders, Rules or by-laws :
Where, any Nepal Act, a power to issue any notifications, orders, Rules or by-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions, if any, to add to, amend, vary or rescind any Notification, Orders, Rules or By-laws so issued.
22. Making of Rules or By-laws and Issuing of Orders between passing and commencement of Enactment :
Where, any Nepal Act, which is not to come into force immediately ♣ ♣ on the passing thereof, a power is conferred to make
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♣ Amended by the Some Nepal Laws Amendment Act, 2063
Rules or By-laws, or to issue orders with respect to the application of the Act or with respect to the establishment of ♣ ♣ any court or office or the appointment of any judge or officer there under, or with respect to the person by whom, or the time when, or the place where, or the manner in which or the fees for which, anything is to be done under the Act, then that power may be exercised at any time after the passing or the Act or Regulation, but Rules, By-laws or orders so made or issued shall not take effect till the commencement of the Act.
23. Provisions applicable to making of Rules or By-laws after Previous publication :
Where, by any Nepal Act, a power to make Rules or by-laws is expressed to be given subject to the condition of the Rules or By-laws being made after previous publication, then the following provisions shall apply, namely,
1. The authority having power to make the Rules or By-laws Shall, before making them, publish a draft of the proposed Rules or by-laws for the information of persons likely to be affected thereby;
2. The publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so
requires, in such manner as the Government of Nepal prescribes;
3. There shall be published with the draft a notice specifying a date on or after which the draft will be taken into considerations;
4. The authority having power to make the Rules or By-laws, and where the Rules or By-Rules are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make Rules or By-laws from any person with respect to the draft before the date so specified;
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♣ Amended by the Some Nepal Laws Amendment Act, 2063
5. The Publication in the official Gazette of a Rules or by-laws purporting to have been made in exercise of a power to make Rules or By-laws after
previous publication shall be conclusive proof that the Rule or By-law has been duly made.
24. Continuation of Orders etc, issued under Enactments repealed and re- enacted : Where any Nepal Act, after the Commencement of this Act, repealed and re-enacted with or without modification, then , it is otherwise expressly provided, any appointment, notification, order, scheme, Rule, form or By-laws made or issued under the repealed Act or Regulation shall, so far as it is not inconsistent with the provisions re-enacted, confine in face, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, form or Bye-law made or issued under the provisions so re- enacted.
25. Provision as to offences Punishable under two or more enactments :
Where an act or Omission Constitutes an offence under two or more enactment then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be published twice for the same offence.
26. Meaning of Service by post :
Where any Nepal Act, authorizes or requires any document to be served by post, whether the expression “serve” or either of the expressions “give” or “send” or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the documents, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
27. Citation of Enactments :
(1) In any Nepal Act or Rule/ Regulations, any By- law Instrument or document made under or with reference to, any such Act or Rule/ Regulation, any enactment may be cited by reference to the title or short title by any, conferred thereon or by reference to the number and year thereof and any provision in an Enactment may be cited by reference to the Section or Sub-section of the enactment in which the provision is contained.
(2) In this Act and in any Nepal Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as terming the beginning and as forming the end of the portion comprised in the description or citation.
28. Interpretation of the previous Acts :
(1) The words Shree 3 Maharaj, Mukhtihar or Talukwlala mentioned in laws made before 7 th Falgoon, 2007 BS (Feb.18, 1951) shall mean to the
Government of Nepal regarding to any act done or to be done, after 7 th Falgoon, 2007 B.S.
(1a) The words “His Majesty’s Government” used in Nepal Laws, treaty or agreement to which Nepal is a party or any other acts done
from 7 th Falgoon 2007 BS. To 3 rd Jestha 2063 shall denote to the “Government of Nepal” after 4 th Jestha 2063 BS.
(2) Unless the subject or context does not require to act otherwise, section 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, of this Act shall apply in
the construction of the laws made before 7 th Falgoon, 2007 B.S.
Lottery Act, 2025 (1968)
Date of authentication and publication
2025-7-9 (25 Oct. 1968)
Amendment
Republic Strengthening and Some Nepal Laws
Amendment Act, 2066, 20101
2066-10-7 (21 Jan. 2010)
Act Number 22 of the year 2025 (1968)
An Act made to provide for provisions to impose restriction on lottery
Preamble: Whereas, it is expedient to impose restriction on sale, distribution and operation of lottery in order to maintain good conduct and economic interest of general public.
Now, therefore, be it enacted by His Majesty the King Mahendra Bir Bikram Shah Dev on the advice and with the consent of Rastrya Panchayat.
1. Short Title, Extension and Commencement:
(1) This Act may be called “Lottery Act, 2025”.
(2) This Act shall be extended throughout Nepal.
(3) This Act shall come in to force immediately.
2. Prohibition on sale, distribution and opening of lottery:
Saving the permission granted by the Government of Nepal pursuant to Section 3 of this Act, no person shall commit or cause to commit any of the following acts;
(a) To open, print or publish any lottery, or
(b) To sell or distribute any lottery or to provide lottery for sale, distribution or advertisement, or
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This Act came into force on 15 Jeshta 2065 (2008), Prasasti and the word “kingdom” has been
deleted.
(c) To print an advertisement related to lottery, to publish, sell or distribute thereof or to take in own custody for the said purpose; or
(d) Save the permission granted by the Government of Nepal, to bring or import any lottery or advertisement thereof from a foreign country in order to sell or distribute or to send income earned from such sale or distribution of the lottery or any inventory related to the sale or distribution of such lottery outside Nepal, or
(e) To use or cause to use any building or land for carrying out any act related to lottery.
3. The Government of Nepal may grant permission to open lottery:
(1) In case any person or organization intends to open lottery may submit an application in writing with particulars of such lottery to the Government of Nepal and if such application in submitted, the Government of Nepal
may, if it concludes to be reasonable, grant permission to open lottery.
(2) Any person or organization permitted pursuant to sub-section (1) may, subject to the following terms and conditions, carry out including sale, distribution and operation of lottery,
(a) Only an organization shall be entitled to open lottery in case such lottery is related to collect money for any
charitable or public interest related function and in case lottery is so opened Sixty percent amount from the
total amount received from the sale of the lottery shall be distributed for award and the concerned
organization may use remaining amount for the function related to charity, public interest and operation of the lottery.
(b) Except the lottery opened to collect money for charitable or public interest related functions, the prize
of other lottery shall not be distributed in cash rather and goods equivalent to the value of Seventy Five
percent amount of the total amount obtained from the sale of the lottery shall be distributed as a prize. The
concerned person or organization that operates lottery may be entitled to take residual amount for profit and
the function related to the operation of lottery.
(c) Each copy of lottery shall contain the following matters;
1. Price of lottery
2. Details of prize
3. Opening Venue of lottery
4. The Name of the organization authorized to
sell, distribute or operate lottery.
5. Serial number of lottery
6. Opening and closing date of lottery
7. The date of permission obtained from the Government of Nepal or authorized official for
the operation of lottery.
(d) In case permission was granted to open and operate lottery in any public exhibition place or club or society,
the sale, distribution and operation of lottery shall not be carried out in any place other than such a permitted
place.
(e) Price of each lottery must be equal.
(f) Lottery shall not be sold until the total price thereof is
collected.
(g) Lottery once sold shall not be refundable.
(h) The procedure prescribed in Rules framed under this Act shall be followed.
(3) The Government of Nepal may, by a Notification in Nepal Gazette, issue an order in respect of prescribing total capital and determining the price of each lottery.
4. Change in Prize: In case all of the lottery could not be sold as per the total capital prescribed in lottery by closing date, the concerned person or organization may proportionately modify the prize as per the lottery sold
till the said date.
5. Power to arrest and search: In case a Deputy inspector of police or a superior police officer finds a reasonable ground that a person has committed or caused to commit an act contrary to this Act or abetted to commit such act may arrest such person, search building or land and seize any goods related to offence.
6. Delegation of Power: The Government of Nepal may, by a Notification in Nepal Gazette, delegate power conferred to it pursuant to Section 3, to any officer prescribed in such notification.
7. Penalty: whoever commits any act contrary to this Act shall be liable to a fine as per the proved amount claimed by plaintiff or to an imprisonment not exceeding Six months or the both and the said claimed amount shall be
forfeited.
8. Power to frame Rules: The Government of Nepal may frame Rules to implement the objectives of the Act.
9. To be according to this Act: Matters set forth in this Act and Rules framed there under shall be governed pursuant to the same and other matters shall be governed pursuant to the prevailing law.
10. Repeal: Royal seal issued in respect of granting permission to open lottery for charitable organization in 2009 BS Chaitra 6 Thursday is, hereby repealed.
Date of Authentication and publication
10 Mangsir 2063 (26 Nov 2006)
1. Amended by some Nepalese Acts Amendment Act ,2064 2064.5.9 Act No. 25 of the year 2063 (i.e. 2006)
An Act Made to Amend and Consolidate Laws Relating to Citizenship:
Preamble: Whereas the sovereignty and state authority is vested on the Nepalese people as the result of the popular movement; Whereas, as per the commitment mentioned in ‘Declaration of the House of Representatives 2063 (2006) that Nepalese citizenship were facing difficulties in acquiring citizenship certificate in the past and based on the political understanding made on 22 kartik 2063 (Nov 8th 2006),
Whereas, it is expedient to amend and consolidate the laws relating to citizenship regarding acquisition termination and other necessary provisions, Now, therefore, be it enacted by the House of Representatives in the First Year of
the Proclamation of the House of Representatives, 2063 (2006).
1. Short Title and Commencement:
(1) This Act may be called “Nepal Citizenship Act 2063 (2006)”.
(2) This Act shall come into force immediately
2. Definition: Unless the subject or context otherwise requires, in this Act:
(a) “Minor” means a person who has not attained the age of 16 years.
(b) “Person” means natural person.
(c) “Prescribed” or ” as Prescribed” means prescribed or as prescribed in the Rules made under this Act.
3. Acquisition of Nepali Citizenship by descent :
(1) A person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by
descent.
(2) Whatever may be written in Sub-section (1), a child born out of wedlock by a Nepali female citizen to a foreign national shall be in accordance with Section 5, Sub-section (2).
(3) Every child found in the territory of Nepal, whose paternal and maternal addresses are undetermined, shall be considered a citizen of Nepal by descent untilhis/her father or mother are found. .
4. Acquisition of Nepali Citizenship by Birth :
(1) Any person born before 2046 Chaitra 31, Bikram Sambat (i.e. 13, April, 1990 A.D.) within the territory of
Nepal and having domiciled permanently in Nepal shall be deemed a citizen of Nepal by birth.
(2) A person desiring to obtain citizenship certificate pursuant to Subsection (1) shall have to apply before holding of the election for Constituent Assembly and the procedure for granting of the Citizenship Certificate shall be as
prescribed.
(3) In case a person, due to certain reasons, could not submit his application within the period specified in Sub-section (1) may apply as prescribed within two years from the commencement of this Act.
5. Acquisition of Citizenship by Naturalization:
(1) A foreign women married to a citizen of Nepal desiring to obtain citizenship of Nepal shall have to
submit an application in the prescribed form to the designated officer. On submitting such application she has to produce the marriage relationship document with the citizen of Nepal and also evidence to show the initiation of procedure for renunciation of own’s foreign citizenship.
(2) A child born to a Nepali female citizen from marriage with a foreign citizen in Nepal and having permanent domicile in Nepal may be granted naturalized citizenship as prescribed, provided the child has not acquired the
citizenship of the foreign country on the basis of the citizenship of his/her father.
(3) A person desiring to acquire naturalized citizenship pursuant to Subsection
(2) shall have to submit an application with the following documents to the designated authority:
(a) Duplicate copy of the citizenship certificate of the mother,
(b) Recommendation by concerned Municipality or Village Development Committee certifying the birth and permanent residency in Nepal,
(c) Evidence to show that foreign citizenship has not been acquired based on the citizenship of the father.
(4) The Government of Nepal may grant naturalized citizenship as prescribed to those foreign citizens, who have contributed specially for the upliftment of science, philosophy, art, literature, world peace, human welfare or
Nepalese industry, finance or social development and have fulfilled the following conditions or status :
(a) who is able to read and write Nepali or any other language in practice in Nepal.
(b) who is engaged in any occupation and domiciled in Nepal.
(c) who has renounced or declared such renunciation of the citizenship of the other country.
(d) who has resided in Nepal for a minimum period of 15 years.
(e) who is a citizen of the country where there is provision of the law or practice to grant naturalized citizenship to Nepalese.
(f) who bears good moral character
(g) who is mentally fit and healthy.
(5) Whatever may have been written is Sub-section (4), from among the issues of the person, the child born to the person prior to that person having acquired citizenship by naturalization may also acquire Nepalese citizenship by
naturalization as prescribed form.
(6) Any person acquiring citizenship by naturalization under this Section shall take an oath as mentioned in the schedule and awarded the Nepalese citizen certificate in the prescribed form and such person shall be naturalized
citizen of Nepal from the date of receiving such certificate.
6. Award of Honorary Nepalese Citizenship: Notwithstanding any thing mentioned in Section 5, the Government of Nepal may award Honorary Nepalese Citizenship to any internationally renowned person
7. Citizenship in the case of accession of territory: When any part of territory is integrated with Nepal, persons residing in such acceded territory shall be considered citizens of Nepal, from the date Government of Nepal publishes a notification as prescribed in the Nepal Gazette.
8. Filing of Application to obtain Citizenship Certificate :
(1) A person attaining the age of 16 years desiring to acquire citizenship of Nepal by descent pursuant to Section 3, shall have to file an application in the prescribed form along with copies of the following documents to the designated authority:
(a) Nepalese Citizenship Certificate of descendants of relatives within three generations from paternal or
maternal or self side.
Provided that , this provision shall not be applicable to Nepalese female citizen married to a foreigner.
(b) Recommendation from the concerned Village Development or Municipality certifying the place of birth and relationship.
(2) A person attaining the age of 16 years desiring to acquire Nepalese Citizenship Certificate by virtue of birth pursuant to Section 4 shall have to file an application in the prescribed form along with copies of the following documents to the designated authority.
(a) Recommendation from the concerned Village Development Committee or Municipality certifying the birth in Nepal and residing permanently in Nepal.
(b) An evidence showing Land Ownership Certificate in the name of self or family or Certificate of Land Tilling Right or proof of house or listing of name or the name of father or mother in the Voters’ list prepared by the Election
Commission.
(3) On receipt of the applications pursuant to Sub-section (1) or (2), the designated authority shall award the Nepalese Citizenship Certificate, after evaluating and based on evidence as produced.
(4) In the circumstance, where a person could not submit the evidences along with the application as prescribed in Sub-section (1) and (2), the designated authority may award the Nepalese Citizenship Certificate based on the spot
investigation and on the basis of identification at the time of spot investigation by at least three persons having obtained Nepalese Citizenship Certificate and residing in the same Ward and are acquainted with the applicant.
(5) While conducting the spot investigating in accordance with Subsection (iv), the applicant must have been born in Nepal and stated clearly the fact of having lived in a permanent manner.
(6) On investigation and evaluation pursuant to Sub-section (3) or (4), if any applicant is not found have been qualified to be awarded the Nepalese Citizenship Certificate, one shall be duly notified of the decision within the
prescribed period.
9. Authority to issue Citizenship Certificate : The authority to issue Nepalese Citizenship Certificate by descent, on the basis of birth or by naturalization, shall be vested on the designated authority.
10. Termination of Nepalese Citizenship:
(1) Any citizen of Nepal who voluntarily acquires the citizenship of any foreign country shall automatically lose
the citizenship of Nepal.
(2) The designated authority shall register the notice submitted by a citizen of Nepal, who notifies in the prescribed form of renunciation of the Citizenship of Nepal and the citizenship of that person shall be terminated from
the date such notice has been duly registered.
(3) Any person who has been divested of Nepalese citizenship pursuant to Section 14, shall be deemed to have lost his citizenship from that date.
(3) If any person who is in a status of acquiring the citizenships of Nepal and a foreign country concurrently, such person shall have to choose the citizenship of any one country within two years after attaining the age of 16 years.
Failure to choose the citizenship in this manner shall be deemed for that person to have lost his Nepalese citizenship on expiry of that specified period.
(4) In case any question arises as to whether a Nepalese citizen has acquired a foreign citizenship or not, the designated authority shall make his decision pursuant to the prevailing laws.
11. Re-acquisition of Nepalese Citizenship : Any Citizen of Nepal who has acquired foreign citizenship returns to reside in Nepal and submits a notification to the designated authority the evidence of renunciation of foreign citizenship shall be reinstated the Nepalese citizenship from the date of registering such evidence.
12. Revocation of Citizenship Certificate : The designated authority shall revoke such Citizenship Certificate of any Nepalese citizen, if it is proven that such citizenship had been obtained on submission of false documentation.
13. Two Citizenship Certificates not to be acquired: No person shall acquire more that one citizenship certificate.
Provided that, there shall be no objection to issue another citizenship certificate by the concerned office on the basis of change of residency, if any person so desires, after due withdrawal of the first issued citizenship certificate.
14. Deprivation from Nepalese Citizenship.
(1) The Government of Nepal may issue directives to cancel the Nepalese Citizenship Certificate and to divest
Nepalese citizenship of any foreign person who has been found proven to have fraudulently acquired Nepalese citizenship on submission of false documents and declaration.
(2) Any person whose Nepalese Citizenship has been divested by a directive issued by the Government of Nepal in accordance with this section may file an appeal to the concerned Appellate Court within thirty-five days.
15. Records of Citizenship Certificates to be maintained: The system of maintaining the records of Nepalese Citizenship Certificates shall be as prescribed.
16. Rights. duties and liabilities not to absolve : No citizen of Nepal whose citizenship in terminated for any reason, shall not be deemed to have been absolved of the rights, duties and liabilities incurred in relation to any act done
during the period the person was a citizen of Nepal, only by reason of termination of the citizenship.
17. Correction of the Particulars :
(1) Any person desiring to correct his/her caste or age for being differently mentioned in the academic certificate to that of the citizenship certificate or correct the minor mistakes in the citizenship certificate ,shall have to provide for an application with necessary evidence to the designated authority.
Clarification : For the purpose of this section ‘minor’ mistake means the non substantial details the citizenship certificate to mean ‘Kumari’ “Devi” “bahadur”
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Amended by some Nepalese Acts Amendment Act ,2064
“Prasad” like words being added or not mentioned or difference in ‘Aakar or Ikar (speccific grammatical error in devanagari) or other minor mistake of that type.
(2) The designated authority on receipt of the application pursuant to Sub-section (1) shall conduct an enquiry with witnesses as necessary and together with evidences obtained from such person shall make the due correction and may grant another citizenship certificate after withdrawing the citizenship certificate awarded previously.
(3) The designated authority on receipt of the application by a married or divorced woman for amendment of her family name, address or other particulars, may after verifying the necessary facts grant another citizenship
certificate with amended family name, address or particulars and withdraw the previous citizenship certificate.
18. Revision :
(1) Notwithstanding anything provided for in this Act, any person who is aggrieved by a decree issued by a designated authority in accordance with this Act, may file a petition within thirty five days from the date such decree
was issued with the Government of Nepal for revision of such decree.
(2) On receipt of the petition pursuant to Sub-section (1), the Government of Nepal may obtain a report from the designated authority issuing the decree and after reviewing the report may give its verdict or issue a decree and
such verdict or decree shall be final.
19. Publication of Name list : Every year the names of the persons who have been divested of Nepalese Citizenship pursuant to Section 14 shall be published in the Nepal gazette.
20. Delegation of Authority :
(1) The Government of Nepal may delegate the authority vested on itself pursuant to this Act to any officer in the Government of Nepal.
Provided that , the authority to divest from Nepalese Citizenship pursuant to Section 14 shall not be delegated.
(2) The designated authority authorized to distribute Citizenship Certificates pursuant to this Act may delegate the authority vested on him/her to any staff officer.
21. punishment :
(1) Any foreign national who claims to be a Nepalese citizen and acquires Nepalese citizenship by giving false representation shall be sentenced to imprisonment from one year to five years or fined from fifty thousand
rupees to one hundred thousand rupees or awarded both penalties. The citizenship acquired by false representation and having penalized pursuant to this clause, the citizenship thus acquired shall be automatically cancelled.
(2) The person who was involved in the process of verification or recommendation in granting citizenship to any foreign national on false particulars shall be sentenced to imprisonment from six months to three years or fined from
twenty five thousand rupees to fifty thousand rupees or awarded both penalties.
(3) Any person who assists and begets false or forged Nepalese Citizenship Certificate and brings it in use shall be sentenced to imprisonment from one year to five years or fined from twenty thousand rupees to one hundred
thousand rupees or awarded both penalties.
(4) Any person who alters or makes correction and assists in such undertaking on the particulars of the original citizenship certificate shall be sentenced to imprisonment up to three months or fined up to ten thousand rupees
or awarded both penalties.
(5) Any person who furnishes and acquires citizenship certificate on false representation pursuant to Section 12 or the converted particulars pursuant to Section 17 is proven to be false or commits and Section to commit any other
offence in violation of this Act or the rules enacted under this Act shall be fined up to fifteen thousand Rupees.
(6) The issuing authority of Nepalese Citizenship Certificate intentionally or with mala fide intention in violation of this Act and the Rules enacted under this Act issues Citizenship Certificate or makes changes of the particulars in the Citizenship Certificate, such authority or employee shall be subjected to departmental action as per the prevailing laws.
(7) The person who undertakes or assists in any offences punishable under Sub-sections (1), (2) and (3) shall be awarded half the punishment as mentioned in those Sub-sections.
22. Appointment of Citizenship Team :
(1) If the Government of Nepal deems necessary, a Citizenship Certificate Distribution Team may be appointed to
distribute Citizenship Certificates.
(2) The Team appointed pursuant to Sub-section (1) shall distribute citizenship certificates within the directives authorized by the Government of Nepal.
23. Power to Frame Rules: The Government of Nepal may frame necessary Rules for the fulfillment of the objectives of this Act
24. Repeal and Savings:
(1) Nepal Citizenship Act. 2020 (1964) is hereby repealed.
(2) All acts performed or actions taken under the repealed Act pursuant to sub-section (1) shall be deemed to have been performed or undertaken under this Act.
Preamble: Whereas, it is expedient to make legal provisions on multimodal transportation in order to enhance the trade capacity of the country by developing and operating the multimodal transportation service and to consolidate the economy of the country by diversifying international trade;
Now, therefore, be it enacted by the House of Representatives in the First Year of the issuance of the Proclamation of the House of Representatives, 2063 (2006).
CHAPTER-1 Preliminary
1. Short title and commencement:
(1) This Act may be called “Multimodal Transportation of Goods Act, 2063(2006).”
(2) It shall come into force immediately .
2. Definitions: In this Act, unless the subject or the context otherwise requires,-
(a) “multimodal transportation” means carriage of goods on the basis of a multimodal transportation contract;
(b) “multimodal transport contract” means a contract entered into by a consignor and a multimodal transport operator whereby the multimodal transport operator undertakes to take charge of goods from the consigner in
any place of the State of Nepal and deliver the goods to any specified place outside the State of Nepal, by using two or more modes of transport;
(c) “multimodal transport operator” means any company licensed under Section 4 to operate the multimodal transport service;
(d) “Department” means the Ministry of Industries, Commerce and Supplies, Department of Commerce;
(e) “Consigner” means a person who enters into a multimodal transport contract with a multimodal transport operation in relation to the delivery of goods.
(f) “consignee” means a person who is entitled to take delivery of goods from a multimodal transport operator or his/her authorized agent or representative under the multimodal transport contract;
(g) “multimodal transport document” means a document certifying the multimodal transport contract under which the multimodal transport operator undertakes the liability to take charge of goods from the consigner
and to transport and deliver such goods in accordance with the multimodal transport contract;
(h) “negotable multimodal transport document” means a multimodal transport document which has been issued in the name of a person so directed or the bearer or which can be transferred by them to any person without
endorsement .
(i) “non-negotiable multimodal transport document” means a multimodal transport document which indicates the name of consignee;
(j) “delivery” means delivering of the goods to the consignee or any other person as specified by the consigner through authorization in writing;
(k) “taking charge” means the taking charge of goods by the multimodal transport operator from the consigner to transport and deliver the goods to the consignee under the multimodal transport contract;
(l) “goods” includes containers or packet whether packed or not, pallets or similar articles of transport and live animals;
(m) “S. D. R.” (Special Drawing rights) means the S. D. R. as defined by the International Monetary Fund from time to time;
(n) “endorsement” means the signing by the consignee after adding a direction on the front or back of a multimodal transport document to pass the property in the goods mentioned in the multimodal transport document to a
specified person in accordance with the multimodal transport contract;
(o) “prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
Chapter-2
Provisions Relating to License
3. No person to operate multimodal transport service without license: No person shall operate the multimodal transportation service without obtaining a license under this Act.
4. Provisions relating to license:
(1) A company, which has the following qualification and intends to operate the multimodal transportation service, shall make an application, accompanied by the prescribed application fees, to the Department:
(a) Having the paid-up capital of at least ten million rupees in the name of the company;
(b) Having its branch, authorized agent or representative in at least two countries, outside Nepal; and
(c) Having the human resource, physical asset and other managerial capacity as prescribed.
(2) If, while examining the application made pursuant to subsection (1), it appears reasonable to issue the license to the applicant to operate the multimodal transportation service, the Department shall issue the license within sixty days after the making of application, by collecting the fees of twenty five thousand rupees for the license.
(3) If, while examining the application pursuant to Sub-Section (2), it appears that the license cannot be issued as requested by the applicant, the Department shall give an information thereof, setting out the reason for the same,
to the applicant within sixty days after the making of application.
(4) The term of license issued pursuant to Sub-Section (2) shall be five years. If, on the expiration of that term, the licensee intends to get the license renewed, it may get the license renewed by paying the prescribed fees to the
Department.
5. Cancellation of license:
(1) The license issued pursuant to Section 4 shall be cancelled in any of the following circumstances:
(a) If it is proved that the paid-up capital of the licensed company is not ten million rupees; or
(b) If it is found that the licensed company has no branch, authorized agent or representative in at least two countries, outside Nepal; or
(c) If the licensee fails to get the license renewed pursuant to Section 4.
(2) If any licensee does any other act contrary to this Act or the rules framed under this Act, other than those mentioned in Sub-Section (1), the Department shall give a reasonable period of time and an opportunity to such licensee to rectify that act within that period. If, despite such opportunity, the licensee fails to rectify its act, the
Department shall cancel the license issued to such licensee.
Provided that, prior to so canceling the license, such licensee shall not be deprived of an opportunity to defend itself.
6. Appeal:
(1) In the event of cancellation of license pursuant to subsection (2) of Section 5, the concerned company may make an appeal to the Secretary at the Ministry of Industries, Commerce and Supplies within thirty-five days after the date of receipt of information of such cancellation of license.
(2) If an appeal is made pursuant to Sub-Section (1), the concerned Secretary shall make decision on the appeal within three months after the date on which the appeal has been made; and such decision shall be final.
Chapter-3
Multimodal Transport Document and Delivery of Goods
7. Issue of multimodal transport document:
(1) While taking charge of goods from a consigner for transportation, the multimodal transport operator shall
issue a multimodal transport document.
(2) The multimodal transport document to be issued pursuant to SubSection (1) may, at the option of the consigner, be negotiable or non-negotiable.
(3) Where the consignee is named in the multimodal transport document, such consignee or, where a negotiable multimodal transport document is issued and is transferred to an endorsee by endorsement, such endorsee, or the
bearer of such transport document shall be considered to have property in the goods mentioned in such transport document.
8. Multimodal transport document to be signed:
(1) The multimodal transport operator shall sign the multimodal transport document.
(2) The signature on the multimodal transport document may be handwritten or through any such other whatever medium as may be recognized by the laws in force.
9. Contents of multimodal transport document:
The multimodal transport document shall contain the following matters:
(a) The nature of the goods, identification mark of the goods, details of the dangerous goods, if any, number of packages or units, gross weight and quantity of the goods, and such other particular as furnished by the
consigner;
(b) Apparent condition of the goods;
(c) The name and principal place of business of the multimodal transport operator;
(d) The name and address of the consignor;
(e) The name of the consignee, if specified by the consignor;
(f) The place and date of taking charge of the goods by the multimodal transport operator;
(g) The place, date and period of delivery of the goods, as agreed to between the parties to the multimodal transport contract;
(h) Whether the multimodal transport document is negotiable or nonnegotiable;
(i) The place and date of issue of the multimodal transport document;
(j) The signature of the multimodal transport operator or of a person duly authorized by the operator;
(k) The freight payable by the consignor or the consignee, or details thereof if the freight has already been paid;
(l) The journey route and modes of transport as agreed to between the parties to the multimodal transport contract;
(m) Such other contents which the parties to the multimodal transport contract may agree to insert in the multimodal transport document.
10. Issue of negotiable multimodal transport document:
A negotiable multimodal transport document shall be issued in the following manner:
(a) It shall be issued to the order or to the bearer;
(b) The negotiable multimodal transport document issued to the order is transferable to endorsee by endorsement;
(c) The negotiable multimodal transport document issued to be bearer is transferable to another person without endorsee;
(d) Where more than one multimodal transport document are issued, that matter shall be mentioned in such transport document.
11. Delivery of goods by negotiable multimodal transport document:
(1) Any multimodal transport operator or its agent or representative may deliver the goods under the negotiable multimodal transport document issued pursuant to Section 10 to any consignee or his or her agent or representative.
(2) Where the goods are delivered pursuant to Sub-Section (1), they shall be deemed to have been duly delivered.
Provided that in the case where a non-negotiable negotiable multimodal transport document is issued, nothing shall prevent the delivering of goods, by obtaining written authorization of the consigner, to any other person named in such authorization.
12. Reservation in multimodal transport document:
(1)Where the multimodal transport operator or a person acting on its behalf knows, or has reasonable
grounds to suspect, that the nature, identification mark of the goods, number of packages or units, weight or quantity of the goods as furnished by the consignor in the multimodal transport document at the time of issue of that document do not accurately represent the goods actually taken in charge, or where the operator or
such person has no reasonable means of checking such particulars, the multimodal transport operator or the person acting on its behalf shall insert in the multimodal transport document a reservation specifying such inaccuracies, if any, the grounds of suspicion or the absence of reasonable means of checking the particulars.
(2) Notwithstanding anything contained in Sub-Section (1), nothing shall be deemed to adversely affect, in any manner, the legal validity of a multimodal transport document by the reason only that any one or more than one
of the particulars mentioned in that Sub-Section is or are not mentioned in that document.
13. Taking charge of goods by indicating reservation:
(1) Notwithstanding anything contained in Section 12, if while taking charge of the goods from a consigner or his/her authorized agent or representative for transportation, a multimodal transport operator or its authorized representative has any suspect that the particulars of goods furnished in the transport document do not actually
represent the goods, the operator or its authorized representative may take charge of the goods by indicating a reservation thereof.
(2) Where the multimodal transport operator or its authorized representative takes charge of the goods from the consigner or his or her authorized agent or representative for transportation without indicating any reservation pursuant to Sub-Section (1), the goods mentioned in the transport document shall be deemed to have been in good condition.
14. Multimodal transport document to be prima facie evidence: Where a multimodal transport operator takes charge of the goods as described in a multimodal modal transport document from a consigner, such document shall be
prima facie evidence of the fact that the operator has so taken charge of goods.
15. Guarantee of particulars of goods described in transport document: At the time when the goods are handed over to the multimodal transport operator for transportation, the consigner, his or her authorized agent or representative shall be deemed to have given general guarantee about the particulars of the goods described in the multimodal transport document and the particulars of the goods so handed over.
16. Mode of delivery of goods: While delivering the goods to the consignee in accordance with the multimodal transport contract, the multimodal transport operator shall deliver such goods as follows:
(a) In the case where the negotiable multimodal transport document naming the bearer has been issued, by making delivery to the person who produces the original copy thereof;
(b) In the case where the negotiable multimodal transport document naming the order has been issued, by making delivery to the person who produces the multimodal transport document duly endorsed;
(c) In the case where the non-negotiable multimodal transport document naming the consignee has been issued, by making delivery to the person who produces a reasonable evidence that he or she is the consignee named
in the written authorization of the consigner.