2
1. Short Title, extension and Commencement:
(1) This Act may be called “Immovable property Requisition Act, 2013 (1956)”.
(2) This Act shall commence in Kathmandu Valley immediately and shall commence in other areas on such date as prescribed by the
Government of Nepal upon publishing a Notification in Nepal Gazette 3 .
2. Definition: Unless the subject or context otherwise requires, in this Act,
(a) “Owner” means any person who is obtaining or entitles to obtain the rent of building or land in the time being for oneself or for any
person or for the benefit of such person or as a trustee or custodian of any other person or such person who obtains or entitled to obtain
the rent in case such building or land was rented
(b) In respect of any property the term “stakeholder” means all persons entitled to or authorized to claim the compensation to be given in
consideration of requisition made pursuant to this Act.
(c) ‘Building and land’ means any structure or any part thereof, and; (1) Any garden, land and hut, if any, situated in the surrounding
of such structure or any part thereof.
(2) Goods adjoining with such structure, or with any part thereof for gaining maximum benefit.
(3) Any goods, property or equipment remained with in such structure or any part thereof.
(d) “Tenant” means including temporary tenant (magani dar) or the person living with permission.
3. Power to requisition of immovable property:
(1) In case the Government of Nepal concludes that immovable property is needed or likely to be needed for any public purpose and requisition thereof is must than it-
(a) Shall issue a notification in writing to the property owner or any person having possession over the said property to submit the complaint, if any, to the
Government of Nepal within a period of Thirty Five days from the date of service of the notification by setting out the reasons that the proposed requisition be
not be carried out.
(b) May issue an order to the owner of property or any other person in order to impose restriction on sale and size modification of such property and on providing in
rent to tenant without the approval of the Government of Nepal unless a period of Thirty Five days completes from the date when such order is served.
(2) After considering the reasons, if any, mentioned by a person who has possession or claim over such property or by a stakeholder, the Government of Nepal, may, if it concludes that the requisition of such property is reasonable or necessary, requisition the said property by an order which is necessary and reasonable in respect of requisition.
Provided that, the following property or any part thereof shall not be requisitioned.
(a) The residence which is, in the real sense, being used by the owner for him/herself or for his/her family members.
(b) The place used for religious worship or school, hospital, public library, inn or orphanage or any public place being used by the person who manages thereof.
Provided that, in case the requisitioned property is being used by a tenant for his/her residence since two months from the date when a notification pursuant
to aforesaid Sub-section was served, the Government of Nepal shall, as far as possible ,manage another such residence which it deems appropriate for such tenant.
(3) No question shall be raised in any court about the order of requisition issued pursuant to this Act.
4. Power of the Government of Nepal over requisitioned property:
(1) In case any property requisitioned pursuant to Section 3, Government of Nepal may issue an order in the form of a notification in writing to the owner of such property or a person who holds thereof to transfer or handover the property to the officer as prescribed in the said notification within a period of Fifteen days from the date when the person received the said notification.
(2) In case a person denies to abide by an order issued pursuant to Sub-section (1) or violates thereof, the authorized officer may use necessary
force to seize or cause to seize the property.
5. To modify or maintain requisitioned property:
Upon requisition of property pursuant to Section 3, the Government of Nepal may issue an order to the owner of such property to make necessary maintenance of the property in such a manner and within such time as prescribed by the Government of Nepal in such order; and in case the owner fails to maintain
the property as per the said order, the Government of Nepal may maintain the property itself by deducing the maintenance charge from compensation
to be obtained by such person, if any.
The Government of Nepal may make reasonable modification of the
building or land requisitioned in its own cost in order to use in easiest
manner.
6. Release of requisitioned property:
(1) The Government of Nepal may release the property requisitioned pursuant to this Act at any time and the property so released shall be handed over in the same condition as it was at the time of requisition as far as possible. Provided that, any reasonable loss incurred by the modifications and by the general possession made pursuant to 4 second paragraph of Section 5 or any force majeure shall not be taken into consideration.
(2) While releasing requisitioned property, the Government of Nepal may, if it deems necessary, hold or cause to hold inquiry, issue a notification in writing stating the name of the person who is entitled to obtain released property and the said property shall be returned to such person from whom the property was requisitioned as far as possible or his/her successor who entitles to claim thereof.
(3) After returning the requisitioned property to the person as mentioned in the order issued pursuant to sub-section (2), all liabilities of Government of Nepal in regards to the property shall be terminated.
Provided that, any person who has entitlement to the property which was returned may proceed against the person who took the released property in
order to enforce his/her entitlement as per the procedure established by law (4) In case a person who is entitled to obtain the requisitioned property could not be founded and in the absence of his/her authorized agent or other person, the Government of Nepal shall publish a Notification in Nepal Gazette stating that the property has been released from requisition and after the issuance of such notice the said property shall be deemed to have been handed over to the stakeholder.
7. Compensation: In case any property is requisitioned pursuant to this Act, the Government of Nepal shall give compensation and the valuation of such
compensation shall be calculated as per the principle prescribed in Section 8. Provided that, in case the Government of Nepal thinks or opines that the owner, a citizen of Nepal, generally is residing out side of Nepal or has made investment of his/her majority portion of movable property out side Nepal, no compensation shall be given to such owner.
8. The principle and method to determine Compensation:
(1) The compensation as referred to in Section 7 shall be determined as per the following method-
(a) In case the amount of compensation is fixed in an agreement, if any, such agreement prevails.
(b) In the absence of agreement, the Government of Nepal shall appoint any judge either sitting or retired as an arbitrator and the compensation shall be given as per the award of the arbitrator.
(2) The compensation for requisitioned property shall be given as per the following;
(a) In case a requisitioned property was given as lease hold, the compensation shall be given for the period of requisition as per the rent or amount which was to be
paid for lease, and
(b) During the period of requisition in case any reasonable loss incurred from the general possession or from any force majeure and from any modification made
pursuant to 5 second paragraph of Section 5 shall not be taken into consideration for providing compensation ;and
(c) Cost to be needed for creating the situation in which the property was remained in the time of requisition.
9. Delegation of power: The Government of Nepal may, by a notification in Nepal Gazette, delegate powers conferred to it pursuant to this Act to any
government officer in such a way to be exercised such powers as per the terms and conditions as prescribed in the said notification.
10. Penalty: Whosoever contravenes this Act or Rules framed there under or hinders in the course of lawful exercising of powers granted by this Act,
shall be liable to a fine up to One thousand Rupees or an imprisonment not exceeding Six months or the both.
11. Power to frame Rules: The Government of Nepal may frame Rules by publishing a Notification in Nepal Gazette to carry out the objective of this
Act
Date of Authentication and Publication
2019.6.5 (21 Sept. 1962)
Amendments:
1. Act Amending, Repealing, and Re- managing and Continuing Some Nepal
Acts, 2019 (1963) 2019.12.30 (12 April 1963)
2 1 . Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010) 2066.10.7 (21 Jan. 2010)
Act Number 18 of the year 2019 (1962)
………………… 2
An Act Made To Provide For Insurance of Goods To Be Dispatched by Post within ……………. 3 Nepal
Preamble : Whereas, it is expedient to provide for insurance against the loss of or damage to the goods to be dispatched by post within …………… 4 Nepal,
and for the provision of compensation if such goods are loss or damaged; Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has
made this Act pursuant to Article 93 of the Constitution of Nepal. 5
1. Short title, extension and commencement :
(1) This Act may be called as “Domestic Postal Goods (Insurance) Act, 2019 (1962)”.
(2) It shall extend to the whole of …………. 6 Nepal.
(3) It shall come into force immediately.
___________________________________
1 This Act came into force on 15 Jestha 2065 (28 May 2008).
2 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
3 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
4 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
5 Amended by Act Amending, Repealing, and Re-managing and Continuing Some Nepal Acts, 2019
(1963)
6 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
2. Definitions : Unless the subject or the context otherwise requires, in
this Act:
(a) “Postal goods” means any letters, post cards, magazines, books, packets of model goods, parcels and any things or goods which
can be dispatched by post.
(b) “Postal office” a postal office established by the Government of Nepal for the dispatch of postal goods by post from one area to
another area within …………… 7 Nepal.
(c) “Postal Director” means the Director of the Department of Posts of the Government of Nepal.
(d) “Insurance” means the insurance made against the loss or damage while making dispatch by post.
(e) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
3. Interpretation : For the purposes of this Act:
(a) Any postal goods shall be deemed to be in a situation of being dispatched by post from the time of delivery of such postal goods to a postal office to the time of delivery of the goods to the addressee or return back of the goods to the sender or the time of taking action under Section 7.
(b) Postal goods of any type shall be deemed to have been delivered to any postal office after such goods have been delivered to the person of the postal office who has been authorized to that effect. (c) Postal goods shall be deemed to have been delivered to the addressee after such goods have been delivered to the addressee or the attorney authorized by the addressee to receive such goods.
__________________
Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
4. Insurance of postal goods :
The Government of Nepal may, from time to time, direct the following matters by publishing a notice in the
Nepal Gazette:
(a) Subject to the matters set forth in the other Sections of this Act, the insurance against the loss of or damage to any postal goods while in a situation of being dispatched by post may be procured in the postal office to which such goods are delivered, and a receipt thereof shall be given by the postal office to the person delivering the postal goods, and
(b) The charges as prescribed in the notice shall be charged as the insurance fees of such postal goods, in addition to the postal
ticket and fees required for ordinary post and registered post.
5. Liability in relation to the postal goods insured :
If any insured postal goods or any parts thereof are lost or damaged while in a situation of being dispatched by post, the Government of Nepal shall be liable to
provide, or cause to be provided, compensation to the sender of such postal goods in a sum not exceeding the amount that has been ensured,
subject to the prescribed terms and conditions. Provided that, no compensation shall be paid in any case in a manner to exceed the actual value of the lost or damaged goods.
6. Where insured goods cannot be delivered :
If any insured postal goods dispatched by post cannot be delivered to the addressee for any reason, the goods shall be held in the postal office until the prescribed
period, and the goods cannot be delivered to the addressee even during that period, the goods shall be returned back without fee to the addressee through the postal office by which the insurance has been made and the goods have been dispatched by post. Where any such postal goods have been sent to return them to the sender but they cannot be returned back to the sender for any reason, the goods shall be sent to the Postal Director.
7. Action to be taken by Postal Director in relation to the insured postal goods : The Postal Director shall do, or cause to be done, the following action in relation to each of insured postal goods that could not be delivered to the addressee and returned to the sender as mentioned in Section 6:
(a) Attempt shall be made to deliver return by post the postal goods to the addressee or the sender, as it is, without opening the postal
goods as far as possible.
(b) If it appears that the postal goods cannot be delivered as it is without opening them pursuant to Clause (a), the Postal Director or the officer authorized by him or her to that effect shall secretly open the postal goods, find out the name and address of the sender and attempt to return them to the sender.
(c) If the postal goods cannot be delivered pursuant to Clause (a) or (b), the description of such postal goods shall be published in the Nepal Gazette and safely retained in the Department of Posts of the Government of Nepal for a period of one year, and if, even during that period, no person claims title to such postal goods, the goods, if in cash, shall be deposited in cash, and the cash proceeds of auction sale of the postal goods, if they are other sellable goods, shall be deposited in the name of the Government of Nepal.
8. Power to frame Rules :
(1) The Government of Nepal may frame Rules to implement the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Sub-section (1), such Rules may provide for in particular the
following matters:
(a) Type of postal goods that can be insured under this Act,
(b) Ceiling, figure of the value of postal goods that can be insured,
(c) Mode of payment of insurance fees/charge, and
(d) Format, type, size, weight of the envelope in which the postal goods to be insured are put, manner of affixing postal tickets thereto, manner of affixing seal thereto, and manner of writing the name, address of sender and name and address of the addressee in such envelope.
(3) The place, time and manner of insuring postal goods in postal offices and of delivering the same after making insurance shall be as prescribed by the Postal Director from time to time by publishing a notice in the Nepal Gazette.
9. ………………..
Date of Authentication Date of Publication
2013.4.4 (19 July 1956) 2013.8.4(19 Nov. 1956)
Amendments: Date of Authentication Date of Publication
1. Development Board (First Amendment) Act, 2013 (1956) 2013.9.5 (19 December 1956) 2013.9.17 (31 December 1956)
2. Development Board (Second Amendment) Act, 2014 (1958) 2014.11.2 (13 February 1958) 2014.11.9 (20 February 1958)
3. Development Board (Third Amendment) Act, 2018 (1961) 2018.4.5 (20 July 1961) 2018.4.5 (20 July 1961)
4. Some Nepal Acts (Amendment and Re-arrangement) Act, 2020 (1964) 2020.11.16 (18 February 1964) 2020.11.16 (18 February 1964)
5. Judicial Administration Reform Act, 2031 (1974) 2031.4.18 (2 August 1974) 2031.4.18 (2 August 1974)
6. Administration of Justice Act, 2048 (1991) 2048.2.16 (29 May 1991) 2048.2.16 (29 May 1991)
Act Number 3 of the Year 2013 (1956)
Whereas, it is expedient to make proper provisions for the expeditious and smooth execution of development plans and development acts;
Now, therefore, be it enacted by His Majesty the King on the advice of the Council of Ministers.
1. Short Title and Commencement:
(1) This Act may be called “Development Board Act, 2013 (1956).”
(2) This Act shall come into force immediately all over the Nepal.
2. Definitions: Unless the subject or the context otherwise requires, in this Act,-
(a) “Board” means a board formed under Section 3.
(b) “Foreign Agency” includes any foreign country, international or foreign organization.
(c) “Notified Order” means an order published in the Nepal Gazette.
3. Powers of Government of Nepal To Form Board:
(1) Government of Nepal may, if it so think appropriate or necessary, form a Board by a Notified Order in order to execute any development plan or development work as mentioned in that Order.
(2) The functions and duties of the Board shall be specified by each Notified Order referred to in Sub-section (1); and other matters pertaining thereto may also be
provided for.
(3) The Board shall consist of such persons as may be appointed by Government of Nepal, and ? the Board shall be cited by the name specified in the order forming it.
4. Boards To Be Body Corporate: Each Board formed under Section 3 shall be a body corporate with perpetual succession; and there shall be a separate seal for all the activities entrusted to the Board. The Board shall, like an individual, be entitled to transact and hold movable and immovable property. The Board may, like an
individual, sue and be also sued.
5. Fund of the Board: (1) The fund of the board formed pursuant to Section 3 shall comprise of the following funds:
(a) Moneys given by Government of Nepal or any other non- governmental person, and
(b) Funds given by a Foreign Agency through Government of Nepal.
(2) The moneys and funds of the Board shall be utilized to execute the activities specified in the Order issued to form the Board.
? (3) The Board shall act in accordance with the programmes and modusoperandi specified in the Rules framed by the Board itself.
Provided that, in cases where it is so mentioned in the Order issued to form the Board under Section 3, the Rules framed by the Board shall require approval of
Government of Nepal.
(4) ? …………….
6. Employees of the Board:
(1) The Board may, as per necessity, appoint employees to smoothly carry out its activities.
Provided that, no person shall be appointed by any other mode except in accordance with the principles and modes approved
? by the Public Service Commission.
(2) It shall be legal for the Board to accept services of permanent employees of Government of Nepal or any other Foreign Agency, for some time; and while
carrying out the functions of the Board, such employees shall be under the administrative control of the Board.
Provided that, the existing conditions of their service shall not be affected from such deputation.
7. Powers of Government of Nepal To Issue Orders and Rules:
Government of Nepal may, from time, to time issue Rules or orders in respect of the activities of the Board; and it shall be the duty of the Board to carry out such Rules and orders.
8. Dissolution of the Board:
(1) If Government of Nepal thinks that Government of Nepal may itself execute any development plan or development work to be executed
by the Board in a smoother manner or that activities thereof have already been completed, Government of Nepal may, by a Notified Order, dissolve the Board.
(2) Where the Board is so dissolved: –
(a) All of the rights, assets and loans of the board shall devolve on Government of Nepal.
(b) All contracts made with the Board shall be deemed to have been made with Government of Nepal.
(c)
9. Settlement of Disputes by Arbitration:
1) In cases where any agreement made with the Board contains a provision that any dispute arising in connection with the agreement and with any matter relating to its implementation has to be referred to arbitration for its settlement, the arbitrator appointed in accordance with the agreement shall settle the dispute; and no court shall have powers to try and settle such a dispute.
(2) The arbitrator shall have powers to procure and examine witness and evidence, summon witnesses and order submission of documents in respect of the
dispute referred to him/her under Sub-section (1) for decision.
(3) The arbitral award shall be final and binding upon both the parties. Provided that, upon a petition by the aggrieved party, the Court of Appeal
may cancel the award in the following circumstances: –
(a) If it clearly appears that the arbitrator has indulged in a bad conduct in making the award or made a wrong award showing a
specific ulterior motive or been subjective, or (b) If the award is directly contrary to law. (4) In cases where such an award is cancelled by the
Court of Appeal, the dispute shall be referred to another arbitrator appointed by the ? Chief Judge of that Court for settlement.
(5) The Bailiff (Tahashil) or the office functioning as the Baliff specified by Government of Nepal shall implement the arbitral award as prescribed.
(6) Government of Nepal may frame Rules in order to carry out the objectives of this Section.
10. Laws Not To Be Applied: It is clarified, for removal of doubt, that the Muluki Sawal or Chapters on Settlement of Contracts or Document Scrutiny or Ledger Recipient of the General Code (Muluki Ain) shall not be applicable in respect of the activities of the Board.
Preamble: Whereas, it is expedient to update the legal provisions relating to copyright; Now, therefore, be it enacted by Parliament in the first year of reign of His Majesty the King Gyanendra Bir Bikram Shah Dev
Chapter – 1
Preliminary
1. Short title and commencement :
(1) This Act may be called as the “Copyright Act, 2059 (2002).
(2) This act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise require, in this Act,-
(a) “Work” means any work presented originally and intellectually in the field of literature, art and science and in any other field, and this term
also includes the following work:
(1) Book, pamphlet, article, thesis,
(2) Drama, dramatic-music, dumb show and a work prepared to
perform in such manner,
(3) Musical notation with or without words,
(4) Audio visual works,
(5) Architectural design,
(6) Fine Arts, painting, work of sculpture, work of woodcarving,
lithography, and other work relating to architecture,
(7) Photographic work
(8) Work of applied art,
(9) Illustration, map, plan, three-dimensional work relating to
geography, and scientific article and work,
(10) Computer program.
(b) “Author” means a person who creates a work as referred to in clause (a) above.
(c) “Audio-visual work” means a cinematographic work that can be viewed in screen, with or without sound.
(d) “Photographic work” means a work produced by using light or any other radiation recorded in the surface in such a manner that the image
(picture) of any thing can be set in the surface or that the image (picture) can be created from such surface with the help of chemical, electrical or
any other technology. Provided, however, that a still photography taken from any audio-visual work shall not be considered as a photographic work but as a part of the concerned audio-visual work.
(e) “Sound recording” means the act of recording of sound of any performance recorded in any manner and with any method whatsoever
for the purpose of hearing, except the act of recording sound and image at the same time.
(f) “Performance” means,-
(1) In the case of work other than the audio-visual work, performance made through recitation, playing music, dancing, acting or any
other manner, directly or with the help of any other device or method,
(2) In the case of the audio-visual work, sequential video clipping of the scene contained in such a work, along with sound for hearing
purpose,
(3) In the case of the sound recording, act of performance made outside the family circle, neighbors, friends or relatives or made
in such manner that it can be heard publicly despite the presence of such persons.
(g) “Economic right” means the rights conferred on the copyright owner pursuant to Section 7.
(h) “Copyright owner” means the author of a work in cases where the economic right of that work is vested in that author, a person or
organization in cases where the economic right of the work is primarily vested in the person or organization other than the author, and a person
or organization, in cases where the economic right of the work is transferred to that person or organization.
(i) “Broadcasting” means communication or exhibition of a work for public information or broadcasting of audio or audio-visual work through
wireless equipment or satellite.
(j) “Communication to the public” means the act of broadcasting and audio or visual broadcasting or both either by wire or wireless equipment in
such a manner that it can be heard or viewed staying near or far from the place of broadcasting.
(k) “Moral right” means the right to be conferred to the author or his successor or any person authorized by the author pursuant to Section 8.
(l) “Performer” means any actor, singer, musician, dancer and other person who performs a literary or artistic work or folklore expression to the
general public through acting, singing, music and dancing.
(m) “Publication” means:
(1) In the case of a work of drama, motion picture, or work performed in any other manner, the shows, sale or rental of such a
work publicly with or without translating or altering it,
(2) In the case of any other work, the work which has been publicly sold, distributed or utilized or so brought out as to be sold and
distributed or utilized publicly, with or without translating or altering it; and, in the case of a work that can be exhibited through
acting, this term includes its exhibition in a public manner with or without translating or altering it.
(n) “Registrar” means the person specified pursuant to Sub-section (1) of Section 30.
(o) “Royalty collecting body” means the body formed pursuant to Section39. (p) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
Rules framed under this Act.
Chapter-2
Acquisition and Protection of Copyright
3. Protection of copyright :
(1) Copyright protection shall be extended to any work.
(2) Any translation, arrangement, sequential arrangement of work or collection of works presented as original from viewpoint of presentation, collection or expression, data or database readable with or without support of machine, any proverb, folktale, folk song falling under folk expression or any
other derivate works based on folk expression shall be protected as original work, without prejudice to the copyright of the original work.
4. Non-availability of copyright protection : Notwithstanding anything contained in Section 3, copyright protection under this Act shall not be
extended to any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb
and general data despite the fact that such matters are expressed or explained or interpreted or included in any work.
5. Registration not compulsory : (1) Registration of a work, sound recording, performance or broadcasting shall not be required to acquire the right under this
Act.
(2) Notwithstanding anything contained in sub-section (1), in cases where any person intends to get any work, sound recording, performance or
broadcasting registered voluntarily, that person may make an application to the Registrar and get the same registered; and the procedures on registration shall
be as prescribed.
6. Owner of economic right of work : (1) The author of a work shall be the first owner of the economic right of that work.
(2) Notwithstanding anything contained in Sub-section (1), the economic right of a work shall vest in the following person or organization in the
following circumstances:-
(a) Co-author in the case of a joint work;
Provided, however, that where such a joint work is divided in different parts and each part can be identified as of different authors and the work can be used separately, the economic right shall vest in the concerned author in respect of each part created by that author.
(b) In cases where a joint work is prepared at the initiation or direction of any person or organization, that person or organization at whose direction or initiation such a work has been so prepared,
(c) In case where a work is prepared on payment of remuneration by any person or organization, that person or organization who has
paid such remuneration,
(d) In the case of an anonymous work, the publisher of that work, until the authorship of such a work is proved.
Provided, however, that in cases where the real author of such a work presents his/her identity subsequently, the economic right of
that work shall vest in that author from the date of presentation of his/her identity.
(e) In the case of an audio-visual work, the producer of such a work except as otherwise provided for in the contract.
Provided, however, that in case where the work of the co-author of an audio-visual work or a pre-existing work is incorporated or
adapted in making the audio-visual work, their economic right shall be according to their respective contribution.
7. Economic Right : Subject to provisions of Chapter-4, only the author or the owner of copyright shall have the exclusive right to carry out the following acts
in respect of the work:
(a) To reproduce the work,
(b) To translate the work,
(c) To revise or amend the work,
(d) To make arrangement and other transformation in the work,
(e) To sell, distribute or rent the original and copy of the work for the general public,
(f) To transfer or rent the right of audiovisual work, work embodied in sound recording, computer program or musical work in graphic
form conferred to that author or owner,
(g) To import copies of the work,
(h) To have public exhibition of the original or copy of the work,
(i) To perform the work in public,
(j) To broadcast the work,
(k) To communicate the work to the general public.
8. Moral right : (1) The author of a work shall have the following moral rights, irrespective of whether that author has the economic right to that work:
(a) To get his/her name mentioned in copies of the work or in his/her work where it is used publicly,
(b) In cases where, instead of his/her real name, a pseudonym is mentioned in his work, then to get that pseudonym mentioned
while using such a work publicly,
(c) To prevent such acts as undermining the reputation or goodwill earned by him/her, by mutilating his/her work or presenting it in a
distorting manner,
(d) To make necessary amendment or revision in the work.
(2) The right referred to in sub-section (1) shall not be transferable during the life of the author.
Provided, however, that where the author has nominated any one whom such right is to be transferred after the death of the author, such right shall
devolve on the person or organization so nominated, and on the nearest heir, failing such nomination.
9. Rights of performer : (1) The performer shall have the right to perform the following acts:-
(a) To take one’s performance to the general public through broadcasting or communication,
(b) To determine modality or medium of making one’s performance and reproduce it,
(c) To take one’s performance to the general public for the first time by making performance or selling or transferring copies thereof or
changing ownership,
(d) To rent copies of one’s performance,
(e) To take the performance produced through the determined modality or medium to the general public in an easily available
manner, through wire or wireless equipment,
(f) To amend or revise one’s performance.
(2) The performer shall not be allowed to re-exercise the rights mentioned in Sub-section (1) once he/she has authorized his/her performance to
be incorporated in audio-visual medium.
(3) Notwithstanding anything contained in Sub-section (2), the performer shall have the right to have his/her identity maintained as the performer of
direct audio performance as well as of the performance incorporated in the sound recording and to make a claim for the same, and, where any person has
so mutilated or distorted his/her performance or otherwise deformed his performance by mutilating the meaning as to prejudice his/her reputation or
goodwill, to prevent such acts.
(4) Nothing mentioned in this Section shall be deemed to have any effect on the right of a performer to enter into, or to be agreed on, an agreement with
such terms as may yield much more benefits or facilities to him/her from the performance.
(5) The right conferred to the performer pursuant to this Section shall be protected for a period of fifty years from the year of incorporation of
performance in sound recording device, and for a period of fifty years from the year of such performance where such incorporation has not been made.
10. Right of sound recording producer : (1) The sound recording producer shall have the following rights:-
(a) To reproduce the sound recording, directly or indirectly, in any manner or in any form,
(b) To import copies of the sound recording,
(c) To make the sound recording easily available by way of sale or ownership transfer or otherwise of the original or copies of
the sound recording,
(d) To rent or lease the sound recording publicly,
(e) To make the sound recording capable of being heard with wire or wireless equipment from any specific place or from
the place of one’s own choice or by the general public.
(2) The term of the right referred to in sub-section (1) shall be of fifty years from the year of publication of such a sound recording.
11. Reasonable remuneration for the use of sound recording : (1) In cases where a sound recording published for commercial purpose or a reproduced
copy of such sound recording is directly used for broadcasting or other communications and is so performed to the people publicly, the producer shall
get a reasonable remuneration from the user of the same.
(2) The performer shall get the remuneration as per the agreement, in any, made between the performer and the producer on the remuneration referred
to in Sub-section (1), and half the amount received by the producer where no such agreement is made.
(3) The term of the right to receive reasonable remuneration under Sub- section (1) shall be for fifty years from the year of publication of such a sound
recording or from the year of adjustment of such a sound recording.
12. Right of broadcasting organization : (1) The broadcasting organization shall have the right to carry out the following act:-
(a) To re-broadcast the subject it has broadcast,
(b) To so communicate its broadcast as to make it easily available to the general public,
(c) To make adjustment of its own broadcast,
(d) To reproduce the adjustment of its broadcast.
(2) The term of the right referred to in sub-section (1) shall be for fifty years from the year of commencement of such broadcast.
* 13. Protection of work, performer, sound recording producer or broadcasting organization : (1) A work of the following author shall enjoy
protection under this Act:
(a) A work created by the author residing in Nepal or in a member country of the World Trade Organization and published in the Nepal or in that
country,
(b) An audio-visual work produced by a producer residing in Nepal or in a member country of the World Trade Organization,
(c) An architectural design of a building made in the Nepal or in a member country of the World Trade Organization or other kind of artistic work
used in a building or any other structure,
(d) A work published in Nepal by an author residing in a country other than Nepal or a member country of the World Trade Organization or an audio-
visual work produced in the Nepal by a producer of such other country.
(2) The following performer shall be entitled to the rights relating to performer as referred to in this Act:
(a) A performer of Nepal or a member country of the World Trade Organization,
(b) A performer of the performance made in Nepal or in a member country of the World Trade Organization or of the performance
contained in the sound recording protected under this Act or of the performance contained in a broadcast even though it is not
contained in the sound recording.
(3) The following sound recording producer shall be entitled to the rights relating to sound recording producer as referred to in this Act:
(a) A sound recording produced by a person in Nepal or a member country of the World Trade Organization,
(b) A sound recording published in Nepal or in a member country of the World Trade Organization.
(4) The following broadcasting organization shall be entitled to the rights relating to broadcasting organization as referred to in this Act:(a) A broadcast by a broadcasting organization with its office in Nepal or in a member country of the World Trade
Organization,
(b) A Broadcast by a broadcasting station situated in Nepal or in a member country of the World Trade Organization.
Chapter: 3
Term of protection of Copyright
14. Term of protection of copyright :
(1) The economic and moral rights available to the author under this Act shall be protected throughout the life of the author and in the case of his/her death until fifty years computed from the year of his death.
(2) The economic and moral rights over the work prepared jointly shall be protected for fifty years computed from the year of death of the last
surviving author.
(3) The economic and moral right of the work prepared pursuant to Clauses (b) and (c) or Sub-section (2) of Section 6 shall be protected until fifty
years from the date of first publication of such work or the date on which the work is made public, whichever is earlier.
(4) The economic and moral right of the work published anonymously or with pseudonym name shall be protected until fifty years from the date of first
publication of such work or the date on which the work is made public, whichever is earlier.
Provided, however, that in cases where the name of author is published within that period of time, the protection referred to in Sub-section (1) or (5)
shall be available depending on the case.
(5) The economic and moral right of a work relating to applied art and photographic work shall be protected until twenty-five years from the year of
preparation of such work.
15. Term of protection of work published after the death of author :
Notwithstanding anything contained in Section 14, the work published after the death of the author where there is only one author of such work and after the
death of one of the authors where there are two or more authors shall be protected until fifty years from the year of publication of that work.
Chapter-4
Circumstances where the copyrighted materials can be used without
authorization
16. Reproduction allowed for personal purpose : (1) Notwithstanding anything contained in Clause (a) of Section 7, no authorization shall be required
from the author or the copyright owner to reproduce some portions of any published work for personal use.
(2) Notwithstanding anything contained in Sub-section (1), no reproduction of an architectural design erected as a building and other construction related design or a significant portion of any book or of a musical work as notation of all or significant portion of a database through digital transmission shall be allowed in a manner to be prejudicial to the economic right of the author or the copyright owner.
17. Citation allowed : Notwithstanding anything contained in Clause (a) of
Section 7, some portions of a published work can be cited for fair use without
authorization of the author or the copyright owner in a manner not to be
prejudicial to the economic right of such author or owner. In making such
citation, its source and the author’ name, in cases where it appears, shall also be
mentioned.
18. Reproduction allowed for teaching and learning :
(1) Notwithstanding anything contained in Clause (a) of Section 7, the following acts may be done for teaching and learning activities without authorization of the author or the
copyright owner in a manner not to be prejudicial to the economic right of such author or owner:-
(a) To reproduce a small portion of any published work by way of citation, writing or audio-visual aid,
(b) To reproduce, broadcast and exhibit some portions of the work for purposes of educational activities to be performed in the classroom.
(2) All copies reproduced pursuant to Sub-section (1) have to indicate the source and the author’s name.
19. Reproduction by library and archives : Notwithstanding anything contained in Clause (a) of Section 7, in cases where a public library or archives, which makes available the work stored in it at the request of a person doing research or study without deriving economic profits directly or indirectly, looses any work with it or such work is destroyed or is old or is incapable of being obtained, it may reproduce one copy of such a work without authorization of the author or the copyright owner of such work.
20. Reproduction, broadcast and other communication allowed for purposes of information to the general public :
(1) Notwithstanding anything contained in clauses (a), (i) and (j) of Section 7, the following acts can
be done, by mentioning the sources and name of the author of any work, without authorization of the author or the copyright owner of such work.
(a) To print in any newspaper or journal or to make broadcast or other communication to public of any article, article under political or
religious topics or similar other broadcasts published in any newspaper or journal.
Provided, however, that such act shall not be prejudicial to the economic right of the author or the copyright owner.
(b) To reproduce, broadcast or otherwise communicate or justify any event with a view to informing the general public about any
current event.
(c) To reproduce, broadcast or to make communication to public some portions of any regular newspaper or journal regularly publishing information for communication to the general public or pleadings made on court proceedings with a view to disseminating current information.
(2) Notwithstanding anything contained in Sub-section (1), in cases where the author himself/herself has indicated that his/her work is prohibited
from being reproduced, broadcast and other kinds of communications, no reproduction, broadcasting and other communication shall be allowed.
21. Reproduction of computer program : Notwithstanding anything contained in Clauses (a) and (c) of Section 7, in cases where the objectives for which a computer program was acquired could not be achieved or with a view to maintaining records or where the computer program acquired legally is lost or destroyed or is incapable of being used, one copy of the computer program can be reproduced without authorization of its author or copyright owner.
22. Importation allowed for personal purposes : Notwithstanding anything contained in Clauses (g) of Section 7, one copy of any work can be imported for
personal purpose, without authorization of its author or copyright owner.
23. Public exhibition allowed : Notwithstanding anything contained in clauses (h) of Section 7, in cases where any person intends to have public display of
any work or copy of the work, he may do so without authorization of its author or copyright owner.
Provided, however, that such public display has to be made without the help of film, slide, television image or otherwise using the screen or device of
other kind.
Chapter-5
Transfer of Copyright
24. Transfer of Copyright :
(1) The copyright owner may transfer all or any of the economic rights conferred on him/her to any one by making a written agreement or authorize any one to use the same with or without specifying any terms.
(2) The person entitled to moral rights may, for the protection of moral rights, transfer his moral rights to any one, with effect after his/her death, by
making a written agreement, with the terms and conditions that his/her name shall not be removed from the work.
(3) The person to whom the rights are transferred by the copyright owner pursuant to this Section shall not carry out any other activities except the rights
so transferred
Chapter-6
Infringement of Protected Right and Punishment
25. Infringement of protected right :
(1) Any one who carries out the following
act shall be considered to have infringed the right protected under this Act:-
(a) To reproduce copies of a work or sound recording and sell and distribute them or publicly communicate or rent them with
commercial or any other motive with or without deriving economic benefits without authorization of the author or the copyright owner
or by infringing the terms contained in the agreement or license notwithstanding that such authorization has been obtained,
(b) To do advertisement or publicize by copying a work belonging to another person with a motive of taking advantage of the reputation
gained by that work,
(c) To make work of another subject or nature by changing the form and language of a work belonging to another person with a motive
of deriving economic benefit,
(d) To make an attempt to take benefit by adapting any work directly or indirectly with intention of making the viewer, listener or reader
believe it to be another work through advertisement or by any
other means,
(e) To import, produce or rent any equipment or device prepared with intention of circumventing any device designed to discourage the
unauthorized reproduction,
(f) To produce or import, with intent to sell, any equipment facilitating unauthorized reception of a program broadcast by
encrypting it in a code language,
(g) To import, sell, distribute and use a mechanical device prepared with a sole object of infringing the copyright, except those
mentioned in Clauses (e) and (f).
(2) No one shall, with knowledge of publication of any work or sound recording or where there is adequate ground to believe it, sell and distribute and
rent copies of work or sound recording so published, in contravention of sub- section (1).
26. Restriction on the importation of unauthorized copies : Importation of
copies of work or sound recording, either made in a foreign country or sourced
otherwise, into Nepal for business purpose shall not be permitted if preparation
of such copies would be considered illegal if they were prepared in Nepal.
27. Punishment on infringement of protected right :
(1) In cases where any person infringes Section 25, such a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees or with imprisonment
for a term not exceeding six months or both and with a fine of a sum from twenty thousand to two hundred thousand rupees or with imprisonment for a term not exceeding one year or with both for each instance from the second time. The materials so published or reproduced or distributed or devices used to reproduce such materials shall be seized.
(2) Compensation for the loss caused to the copyright owner by the infringer of the protected right shall also be realized and provided to the copyright owner.
28. Punishment for importation of unauthorized copy : In cases where any person imports unauthorized copies of any work in violation of Section 26, such a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees according to the gravity of the offense, and such copies shall be seized; and compensation for the loss caused to the copyright owner from such importation shall also be realized from the importer and provided to the copyright owner.
29. Other punishment : In cases where any person infringes any other matter contained in this Act or the Rules framed under this Act, such a person shall be
punished with a fine of a sum from five thousand to fifty thousand rupees according to the gravity of the offense.
Chapter-7
Miscellaneous
30. Registrar and his functions, duties and powers :
(1) Government of Nepal may, by a notification in the Nepal Gazette, designate any officer of at least Gazetted second class to act as the Registrar pursuant to this Act.
(2) In addition to those mentioned elsewhere in this Act, the functions, duties and powers of the Registrar shall be as follows:
(a) To monitor and control the royalty collecting body,
(b) To hear complain as prescribed made by any party who is not satisfied with the royalty fixed by the royalty collecting body,
(c) To perform, or cause to be performed such other functions as prescribed for the accomplishment of the objective of this Act.
31. Appeal against order and decision of Registrar : An party who is not satisfied with any order or decision made by the Registrar may make an appeal
in the Appellate Court in the area where the Office of the Registrar is situated, within thirty-five days.
32. Power to seize copies of work, sound recording or other materials :
(1) In cases where any person doubt that any one has published or reproduced or is about to publish or reproduce any work or sound recording contrary to Section
25 and makes a complaint before the police who has a duty of investigating the offense under this Act, the police shall make necessary arrangements for
preventing the copies of such work or sound recording from being sold and distributed and may, in cases where required, search the copies of such work or
sound recording and seize the same pursuant to the law in force.
(2) In conducting search and seizure pursuant to Sub-section (1), the machine including materials used to publish and reproduce the copies of such
work or sound recording may also be seized.
33. To destroy copies of work, sound recording or other materials : In cases where the copies of the work or sound recording seized pursuant to
Section 32 are held by the court liable to be seized, they shall be destroyed in presence of the representatives of the District Administration Office and the
Local body.
34. Power of Customs Officer to stop importation of unauthorized copies :
(1) In cases where any person suspects that any other person is importing copyrighted materials into Nepal in an unauthorized manner, such a person may
make an application, accompanied by the evidence, to the Custom Officer to prevent the importation of such material.
(2) In cases where, in conducting necessary investigation upon receipt of an application pursuant to Sub-section (1), the demand of the applicant appears
reasonable, the Customs Officer may prevent the materials to be imported for a maximum of twenty working days at the rate of ten working days at a time.
(3) Notwithstanding anything contained in Sub-sections (1) and (2), in cases where the Customs Officer learns or suspects that any one is importing
copyright reserved materials into in an unauthorized manner, he/she may prevent such materials for a maximum of twenty working days at the rate of ten
working days at a time.
(4) Other procedures on the prevention of importation of unauthorized copies shall be as prescribed.
35. To try and settle cases : (1) The concerned District Court shall have the powers to try and settle cases punishable under this Act.
(2) In trying and settling cases under this Act, the procedures referred to in the Summary Procedures Act, 2028 (1971) shall be followed.
36. Power to order for withholding : In cases where, in the course of trying and settling a compliant pursuant to this Act, the District Court, at the request of the
concerned party, thinks it reasonable to stop any activity contrary to this Act, it may order the concerned person or body to stop such activity.
37. To be state cases : (1) The cases punishable under Sections 27 and 28 shall be state cases and those cases shall be considered to be included in Schedule-1 of
the State Cases Act, 2049 (1992).
(2) A police officer of at least the rank of police inspector shall investigate and inquire into the cases under this Act.
38. Limitation: In cases where any right under this Act is infringed, a case has to
be filed within three months of the knowledge of such infringement.
39. Provisions relating to royalty collecting body : (1) Generally, one royalty collecting body shall be formed as prescribed in one discipline for the purposes
of fixing, collecting and distributing royalty of the works relating to copyright.
(2) The royalty collecting body formed pursuant to Sub-section (1) has to be registered with the Registrar in the manner as prescribed.
(3) The royalty collecting body shall be an autonomous body corporate with perpetual succession.
(4) The royalty collecting body shall have a seal of its own for all of its activities.
(5) The royalty collecting body may, like an individual, acquire, use, sell and dispose of or otherwise manage movable and immovable property and may,
like an individual, sue and be sued by its name.
(6) Government of Nepal may specify the terms to be followed by the royalty collecting body; and it shall be the duty of the royalty collecting body to
abide by such terms.
40. Copyright Government of Nepal : (1) Government of Nepal shall have the copyright over the work prepared by Government of Nepal.
(2) Government of Nepal may rent or sell the right accrued to it pursuant to sub-section (1) to any person or organization or give authorization to use the
same in any other manner.
41. Calculation of year: In calculating a year pursuant to this Act, it shall be calculated from the New year as per Bikram Sambat that starts from the end of
the year on which the work was published or communicated publicly or sound recording was produced.
42. Powers to frame rules : Government of Nepal may frame necessary Rules in order to carry out the objectives of this Act.
43. Repeal and saving : (1) The Copyright Act, 2022 (1965) is hereby repealed. (2) The remaining term of protection of the copyright of a work
published publicly prior to the commencement of this Act shall be deemed to have been protected pursuant to this Act.
(3) The acts and actions done and taken under the Copyright Act, 2022 (1965) shall be deemed to have been done and taken under this Act.
Date of authentication and publication:
shrawan 8, 2064 (24 July 2007)
Act Number 5 of the Year 2064(2007)
Preamble : Whereas it is expedient to control the acts of human trafficking and
transportation, and to protect and rehabilitate the victims of such act by enacting law, the
‘Legislature-Parliament’ has enacted this Act.
PRELIMINARY Part 1
1. Short Title , extension and Commencement :
(1) This Act may be called “Human Trafficking and Transportation (Control) Act, 2064(2008).
(2) This Act shall come into force immediately.
(3) This Act shall extend throughout Nepal and anyone committing an offence against Nepali citizen under this Act from foreign territory shall also
remain within the scope of this Act.
2. Definition : Unless the Subject or context otherwise requires, in this Act-
(a) “Offence” means an act pursuant to Section 3.
(b) “Center” means a rehabilitation center established pursuant to Section 13.
(c) “Victim” means a person who is sold, transported or put into prostitution.
(d) “Child” means a person who has not reached the age of eighteen years.
(e) “Exploitation” means an act of keeping human being as a slave and bonded
and this word also includes to remove human organ except otherwise provided by prevailing law.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act
Part 2
PROVISION OF OFFENCE AND INVESTIGATION
3. Human beings not to be trafficked and transported :
(1) No one shall commit or cause to commit human trafficking and transportation.
(2) If anyone commits an act under Subsection (1), that shall be deemed to have committed an offence under this Act.
4. Acts considered as Human Trafficking and Transportation : (1) If anyone commits any of the following acts, that shall be deemed to have committed human
trafficking:
(a) To sell or purchase a person for any purpose,
(b) To use someone into prostitution, with or without any benefit,
(c) To extract human organ except otherwise determined by law,
(d) To go for in prostitution.
(2) If anyone commits any of the following acts, that shall be deemed to have committed human transportation:
(a) To take a person out of the country for the purpose of buying and selling,
(b) To take anyone from his /her home, place of residence or from a person by any means such as enticement, inducement, misinformation, forgery, tricks, coercion, abduction, hostage, allurement, influence, threat, abuse of power and by means of inducement, fear, threat or co-ercion to the guardian or custodian and keep him/her into ones custody or take to any place within Nepal or abroad or handover him/her to somebody else for the purpose of prostitution and exploitation.
5. Reporting: (1) If anyone knows that the offence under Section 3 of this Act is being committed or may be committed, he/she may report to the nearest police
office.
(2) If the person who reports under Sub-section (1) puts written request to remain unnamed, the police office which registers the report should maintain
his/her confidentiality.
6. Certifying the statement :
(1) If the person reporting under Section 5 is a victim, the police office should take the statement immediately and the victim shall be
taken to the nearest district court to certify the statement as soon as possible.
(2) If a police office brings to certify a statement under Sub-section (1), the district judge, notwithstanding anything contained in the prevailing law and even if
the offence related with that statement does not fall within the jurisdiction of that district court, shall certify the statement after reading it aloud and noting whether
there is difference or not in the statement.
(3) If the statement of the victim is certified under Subsection (2), the court can take the certified statement as evidence even if the victim does not appear in
the court in the course of further court proceeding.
7. Arrest and investigation :
(1) If any act considered to be an offence under this Act is being committed or may be committed or attempted in a house, land, place or a vehicle, and if there is a chance the offender will escape or evidence relating to the offence will disappear or be destroyed if immediate action is not taken; notwithstanding anything contained in the existing law, a police officer of the rank Sub-inspector or higher may prepare a report and carry out any of the activities listed below at any time:
(a) To enter, search or seize such house, land, place or vehicle.
(b) To break or open windows or doors in order to carry out the necessary activities in case he/she faces obstruction and opposition in performing the duties,
(c) To arrest or take body search of a person engaged in such activity without an arrest warrant,
(d) To seize and take in custody of the evidence found in such house, land, place or vehicle.
(2) While carrying out such activity under Sub-section (1), police personnel shall, if possible, identify representatives of local bodies or otherwise those present at the
time of activity as witnesses and provide a copy of the details of the activity to the owner of the house, land, place or vehicle.
8. Prosecution in custody : Notwithstanding anything contained in the prevailing law, and except to the offence under Clause (d) of Sub-section (1) of Section 4, the
court shall keep the accused in custody while prosecuting cases on other offences.
9. Burden of proof : Notwithstanding anything contained in the prevailing law, a person accused of an offence under this Act shall provide evidence proving that
he/she did not commit the offence.
10. Right to keep separate Law Practitioner : If a victim wishes to keep an additional law practitioner to represent his/her case during court hearings, he/she
has the right to be represented by a separate law practitioner for an offence under this Act.
11. Provision of Translator and Interpreter : If the working language used by the concerned court and office in dealing with an offence under this Act is not
understandable by the victim, he/she may manage for the translator or interpreter with the permission of the court.
Part 3
PROVISION OF RESCUE, REHABILITATION AND RECONCILIATION
12. Act related to Rescue :
Nepal government shall manage for the rescue of any Nepali citizen sold in the foreign land.
13. Rehabilitation Center :
(1) Nepal government shall establish necessary rehabilitation centers for physical and mental treatment, social rehabilitation and
family reconciliation of the victim.
(2) Any organization can obtain permission as prescribed to establish and run rehabilitation center to address the objectives under Sub-section (1). Nepal
government shall make regular and effective monitoring of that organization and rehabilitation center established by it.
(3) Nepal government may provide economic support as well as other assistance, as prescribed, to the center run under Sub-section (2).
(4) Center shall manage for the social rehabilitation and family reconciliation of the person stationed at the Center.
(5) Center shall manage for the medical treatment and consultation service and facility to the victims.
(6) No one shall make the victim in the Center engage in any work against his/her wish.
(7) Management, operation standard, monitoring of the rehabilitation center, skillful training and employment, rehabilitation, family reconciliation shall
be carried out as prescribed.
14. Rehabilitation Fund :
(1) Nepal government shall establish a rehabilitation fund for operation of the rehabilitation center established
under Sub-section (1) of Section 13.
(2) The fund established under the Sub-section (1) shall receive contributions as follows:
(a) Funding received from Government of Nepal,
(b) Funding received from national and international organizations, and individuals,
(c) Half of the amount received as fines under Section 15.
(3) Management and operation of the rehabilitation fund shall be as prescribed.
Part 4 PROVISION OF PUNISHMENT AND COMPENSATION
15. Punishment :
(1) Any person who commits an offence as prescribed under Section 3 shall be punished as follows:
(a) Twenty years imprisonment and a fine of Two Hundred Thousand Rupees for selling or buying a human being,
(b) Ten years to Five years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for forcing into prostitution, with or without financial benefit,
(c) 10 years imprisonment and a fine of Rs Two Hundred Thousand to Five Hundred Thousand Rupees for extracting human organ
except otherwise determined by law,
(d) One month to three months imprisonment and a fine of Two Thousand Rupees to Five Thousand Rupees for a person engaged
in prostitution.
(e) For a person who is involved in transportation of human being for the purpose of buying, selling and engaging some one in
prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for
taking a person out of the country.
Fifteen years to Twenty years imprisonment and a fine of One Hundred Thousand Rupees to Two Hundred Thousand
Rupees for taking a child out of the country.
(2) Ten years of prison and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for taking a person from one
place to another place within the country.
Ten years to Twelve years imprisonment and a fine of One Hundred Thousand Rupees for taking a child from one place
to another place within the country.
(f) One years to two years of imprisonment for taking a person from one place to another place within the country, and two years to five years
of prison for taking out of the country for the purpose of exploitation under Clause (b) of Sub-section (2) of Section 4.
(g) Except otherwise written in clause (e) and (f), seven years to ten years of prison for a person committing an offence under clause (b) of
Subsection (2) of Section 4.
(h) The person engaged in provocation, conspiracy and attempt of an offence of human trafficking or transportation or an abettor of that
offence shall get half out of full punishment envisioned for that offence.
(2) Notwithstanding anything written in Sub-section (1), the punishment in the following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing into prostitution, with or without any benefit; he/she shall be liable for
punishment under both offences,
(b) If same person is involved in buying or selling or forcing into prostitution, with or without any benefit, and in an offence under
Clause (b) of Sub-section (2) of Section 4, he/she shall be liable for punishment under both offences,
(c) Notwithstanding anything mentioned in Clause (b), if same person is involved in an offence under Clause (b) of Sub-Section (2) of Section 4 and in transporting a human being from one place to another place within Nepal or outside the country for the purpose of buying, selling or forcing into prostitution, with or without any benefits; he/she shall
be liable for separate punishment for each offence.
(3) If an offence under Section 3 is committed by person holding a public post; in addition to the regular punishment for that offence, he/she shall be liable
for Twenty five 25 percentage additional punishments.
(4) If anyone commits an offence under Section 3 with a person under protection or guardianship or if the victim is relative of the offender as incorporated in the Chapter
of Incest in civil code , he/she is shall be liable for ten percentage additional punishment besides regular punishment under this Act.
(5) If anyone commits an offence under Section 3 repeatedly, for every offence he/she shall le liable for it additional one-fourth punishment in addition to
the regular punishment.
(6) If, in the course of proceeding of the case, a person involved in reporting the offence under Section 5 of this Act gives contrary statement to that of the
statement giver earlier or if he/she does not appear before the court on its notice or does not assist to the court, shall be liable for three months to one year of
imprisonment.
16. Exemption from Punishment :
If a person knows or there is reasonable ground to believe that he/she is being bought, sold or engaged in prostitution or taken for the same and he/she does not get help to get rid of from those acts or somebody creates obstacle or stops or takes into control or uses force, in such case, if he or she believes that it is impossible to get rid of from such control and on such faith the perpetrator happens to be killed or injured in the course of release, such person shall not be liable for any punishment notwithstanding anything in the prevailing
law.
17. Compensation :
(1) A court shall issue order to provide compensation to the victim which shall not be less than half of the fine levied as punishment to the offender (2) If the victim dies before receiving the compensation under Sub- Section (1) and if he/she does have children below the age of 18, the children shall receive the compensation. If the victim does not have any children, the dependant parents shall receive the compensation.
(3) If there are no dependant parents and minor children to receive compensation under Sub-Section (2), the amount should be accrued in the
Rehabilitation Fund.
Chapter – 5
Miscellaneous
18. Seizure of Property:
(1) Any movable or immovable property acquired as a result of an offence under this Act shall be seized.
(2) If it is proved that anyone uses or provides to use any house, land or vehicle for any offence under this Act, that house, land or vehicle shall be seized.
19. Award:
(1) If anyone is rescued or a person involved in an offence is arrested based on the reporting of an offence under this Act or giving notice that an offence
is going be committed; the informant shall be given, from Rehabilitation Fund established under Section 14, ten percent of the fine levied as punishment under
Section 15 as an incentive .
(2) If there is more than one informant giving information under Sub- Section (1), the incentive amount shall be distributed proportionately.
20. Confidentiality of the informant : The name and address of the informant and the details provided by the informant under Sub-Section (1) of Section 19 shall be
kept confidential.
21. Exemption from penalty:
(1) If an accused charged of committing an offence under this Act accepts an offence and co-operates the police, public prosecutor or court to collect evidence and arrest other accused or abettor, and if he/she has committed the offence for the first time, court can reduce the punishment up to twenty five percent so prescribed for that offence.
Provided that, if the assistance is not proved by the evidence or he/she gives statement against the support provided to the police or prosecutor, a case may be
registered notwithstanding anything in the prevailing laws.
(2) Notwithstanding anything contained in Sub-Section (1), there shall be no reduction in claimed punishment, pursuant to this section, in the following
conditions:
(a) To provide exemption in punishment to the principal accused,
(b) If the case involved is trafficking or transportation of a child,
(c) If exemption in the punishment has already been provided.
22. Claim of offence against moral turpitude : While framing a charge sheet before the court for an offence under this Act, the concerned public prosecutor may
claim that accused have committed an offence against moral turpitude.
23. Formation of a Committee : (1) Nepal government may form a National Committee and necessary District Committees as prescribed to coordinate the
activities of government bodies and non-governmental organizations working to rehabilitate victims and control the offence under this Act.
(2) The functions, duties and powers of the committee formed under Sub-Section (1) shall be as prescribed.
24. Punishment for obstruction : Anyone obstructing an investigation of an offence under this Act shall be fined up to Ten Thousand Rupees.
25. Prohibition against disseminating confidential information :
(1) Without the consent of the victim, no one shall publish or broadcast the real name, photograph or any information which is detrimental to his/her character.
(2) Any person who publishes or broadcasts the name, photograph or other information pursuant to Sub-Section (1) shall be subjected to a fine of Rs Ten
Thousand to Twenty Five Thousand Rupees.
26. Security : If a person provides reasonable ground and requests the nearest police office for security against any type of retaliation for reporting to the police under
Section 5 or providing statement on court or remaining as a witness, that police office should provide any or all of the following protection measures to him/her:
(a) To provide security during traveling in course of attending case proceeding in the court,
(b) To keep or cause to keep under police protection for a certain period,
(c) To keep at rehabilitation center.
27. In camera court proceedings : (1) Court proceeding and hearing of an offence under this Act shall be conducted in In-Camera.
(2) Only parties to the proceeding, their attorneys or other non-parties permitted by the court may enter to the court during the proceeding and hearing
under Sub-section (1).
28. Government to be the Plaintiff : Government of Nepal shall be the plaintiff in all cases filed under this Act, and such case shall be deemed to be included in
Schedule 1 of the Government Cases Act, 2049.
29. Power to make Rules : Government of Nepal shall frame Rules to implement the objective of this Act.
30. Repeal and Saving :
(1) Human Trafficking (Control) Act 2043 is, hereby, repealed.
(2) Acts conducted and performed under Sub-Section (1) shall be considered to have be done pursuant to this Act.
Date of Authentication and Publication 2020.11.16 (28 February 1964)
Amending Act:
1. The Infectious Disease (First Amendment) Act, 2029(1972) 2029.6.5 (21 Sep. 1972)
2. The Act Amending Some Nepal Acts, 2048(1992) 2049.1.8 (20 May 1992)
3 Animal Health and Livestock Services Act, 2055 (1998) 2055.4.6 (22 July 1998)
4. Strengthening of Republic and Some Nepal laws Amendment Act, 2066 (2010)
2066.10.7 ( 24 Jan. 2010) Act number 28 of the year 2020(1964)
Preamble:
Whereas, it is expedient to make provisions for the root out or prevention of any infectious disease which spreads or is likely to spread throughout the Nepal or any part
thereof so that such disease cannot reach to its climax; Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has, on the
advice and with the consent of the National Panchayat, enacted this Act.
1. Short title, extent and commencement:
(1) This Act may be called as the “Infectious Disease Act, 2020 (1964)”.
(2) It shall extend to the all over the Nepal.
(3) It shall come into force immediately.
Powers to make special provisions: (1) Where any infectious disease develops or spreads or is likely to spread on the ? …………. human beings throughout the Nepal
or any part thereof, Government of Nepal may take necessary action to root out or prevent that disease and may issue necessary orders applicable to the general
public or a group of any persons.
(2) Government of Nepal may designate any official and confer necessary powers to such official to make necessary arrangements in order to root out or
prevent any infectious disease that has been developed or spread or is likely to spread on the ? ……………human beings.
(3) Without prejudice to the generality of sub-section (1) or (2), Government of Nepal may issue necessary orders for the purpose of conducting
examination of any animals, birds being transported on foot or by any means of conveyance or of any passengers and holding any
? ………….passengers by the official designated for examination in quarantine in hospitals or other places where the official is doubtful that such ? …………..passengers have developed any infectious disease or of inspecting or controlling the transportation or movement by any means.
3. Punishment:
(1) A person who violates this Act or disregards any order issued under this Act shall be liable to punishment of imprisonment for a term not exceeding One month or a fine not exceeding One Hundred Rupees or with both.
(2) A person who obstructs a person authorized under this Act with the performance of his/her duties shall be liable to punishment of imprisonment for a
term not exceeding Six months or a fine not exceeding Six Hundred Rupees or with both.
4. Powers to try and settle cases: The Chief District Officer ? shall have powers to try and settle cases on offenses committed under this Act.
5. Saving of act done in good faith: Where a person authorized under this Act carries out an act in good faith in the course of performing any of his/her duties,
no lawsuit or any other legal action may be instituted or taken against such person.
Commissions of Inquiry Act, 2026 (1969)
Date of Authentication and publication
2026.5.19 (4 Sept .1969)
Amendment :
1. Commission of Inquiry (First Amendment) Act, 2050 (1994) 2050.12.29 (11 April 1994)
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066
(2010) 1 2066.10.7 (21 Jan. 2010) Act Number 17 of the Year 2026 (1969)
An Act made to provide for appointment of commissions of inquiry and other related matters
Preamble : Whereas, it is expedient to make provisions on the appointment of commission of inquiry and on the powers of such commissions; Now, therefore, be it enacted by His Majesty King Mahendra Bir Bikram Shah Dev on the advice and with the consent of the Rastriya Panchayat.
1. Short title, extension and commencement :
(1) This Act may be called as the “Commission of Inquiry Act, 2026(1969)”.
(2) This Act shall extend throughout Nepal.
(3) It shall come into force immediately.
This Act came into force on 15 Jestha 2065 (28 June 2008), “Prasati” and the word “Kingdom” has
been deleted.
2. Definitions : Unless the subject or the context otherwise requires, in this
Act,-
(a) “Commission” means a Commission of Inquiry appointed ……… 2 pursuant to Section 3.
(b) “Prescribed” or “as prescribed” means prescribed or a prescribed by Rules made under this Act.
(c) “Evidence” includes a public inquiry (Sarjameen).
3 3. Appointment of Commission :
4 (1) The Government of Nepal may
appoint a Commission by designating, in consultation with the Judicial Council, the Chief Justice or Justice of the Supreme Court in any function set forth in the proviso clause to Clause (1) of Article 106 of the Interim Constitution of Nepal, 2063 (2007) and the Judge of the Court of Appeal or District Court in any function set forth in the proviso clause to Clause (1) of Article 110. Such a Commission may consist of justices/judges only or also consist of other person, and if it consists of more than one member, the justice/judge designated by the Government of Nepal shall be its
chairperson.
(2) The Government of Nepal may, if it is of opinion that it is necessary to appoint a Commission for the purpose of making an inquiry into any matter of public importance, appoint a Commission of Inquiry, consisting of one or more than one member, and where the Commission consists of more than one member, the member designated by the Government of Nepal shall be the chairperson of the Commission.
(3) A notice on the appointment of the Commission shall be
published in the Nepal Gazette.
4. Functions, duties and powers of the Commission : 5 (1) The functions to be performed by the Commission shall be as specified in the notice on
the appointment of the Commission.
6 (2) The Commission shall complete the making of inquiry within the period specified in the notice on the appointment of the Commission
and submit a report, accompanied by its opinion, to the Government of Nepal.
7 (2a) If the Commission makes a request, setting out the reason for not being able to submit the report within the period specified in the notice
on the appointment of the Commission, for the extension of the period, then necessary period may be extended.
(3) The Commission shall have all such powers as a court has pursuant to the prevailing laws, in respect of the following matters:
(a) Summoning and enforcing the attendance of any person before the Commission and take his or her deposition,
(b) Ordering any person to produce any document,
(c) Examining evidence, and
(d) Requisitioning any document or copy thereof from any governmental or public office or court.
(4) The Commission may so specify the time-limit as it considers appropriate for the attendance of any person, production of any document or examination of any evidence pursuant to Sub-section (3). (5) The Commission may also exercise the following powers, as required, in addition to the powers set forth in Sub-section (3):
(a) Where the Commission has reason to believe that any article or document relating to the subject matter of the inquiry is with any person or is in any specific place,
to search such a person or place or cause any Gazetted officer to search such a person or place, subject to the prevailing Nepal laws, and if such article or document
is found, seize or cause to be seized it or take, or cause to be taken, extracts or copies therefrom, and (b) To exercise such other powers under the prevailing Nepal laws as are related to the use of the powers set forth in Clause (a) and Sub-section (3).
5. Statements made by witnesses before the Commission not admissible in evidence against them : No statement made by a person as a witness before the Commission shall subject him or her to any case or legal action or proceeding. Nor shall such a statement be admissible in evidence against him or her in another case.
Provided that, if any statement made by any person before the Commission is not relevant to a question put by the Commission or if it is proved that he or she has made false statement knowingly, this Section shall not be deemed to bar the instituting of a case or legal action, based on that statement, against him or her in accordance with the prevailing Nepal law or the taking of that statement in evidence against him or her.
6. Contempt of Commission : A Commission appointed pursuant to this act may institute action on its contempt, and if the Commission holds its contempt has been made, it may impose a fine of up to Five Hundred Rupees. Provided that, if the accused begs pardon to the satisfaction of the Commission, the Commission may give pardon or remit the sentence, if already imposed.
7. 8 Dissolution of Commission : (1) A Commission shall be dissolved after the submission of a report pursuant to Sub-section (2) of Section 4 or after the period specified in the notice on the appointment of the Commission or the extended period, if any, made pursuant to Sub-section (2a) of Section 4 has expired.
(2) Notwithstanding anything contained in Sub-section (1), if there is a reasonable ground to believe that there is no purpose of a Commission, the Commission may be dissolved at any time, by a Notification in the Nepal Gazette, and the Commission shall be deemed to have been dissolved on the date specified in such a notice.
8. Procedures of Commission : Subject to this Act and the rules under this Act, the Commission may manage its Rules of procedures on its own.
8A. 9 Activities of Commission to be secret : All activities of the Commission shall be secret.
Provided that, those matters contained in the report other than those which cause adverse impact on the sovereignty, integrity or strategic importance or public peace and order or harmonious relations between different tribes or communities and relation with friendly countries shall be published for public information.
9. Act not to be invalid : Any act or action done or taken by the Commission shall not be deemed to be void or invalid by the reason only that there was a vacancy in the office of any member or any member was absent.
10. Saving of act done in good faith : No case or legal action shall be instituted against the Government of Nepal, any member of the Commission or any person acting at the direction of the Commission for any act done or purported to be done in good faith in accordance with this Act or the Rules framed under this Act.
11. Member of the Commission deemed to be public servant : Each member of the Commission and each person appointed by or authorized by the Commission shall be deemed to be a public servant for the purposes of the Prevention of Corruption Act, 2059.
12. Powers to frame Rules :
(1) The Government of Nepal may frame Rules for the accomplishment of the objects of this Act; and these Rules shall come into force on being published in the Nepal Gazette.
(2) Without prejudice to the generality of the powers conferred by Sub-section (1), these rules may provide for in particular the following
matters:
(a) Specification of the terms and conditions of service of the members of the Commission,
(b) Managing procedures to be followed by the Commission in relation to making inquiries under this Act, and
(c) Specification of the other powers that may be exercised by the Commission.
Child Labor (Prohibition and Regulation) Act, 2056 (2000)
Date of authentication and publication
7 Ashar 2057 (June 21, 2000 )
Act No. 1 of the year 2057 B.S.
An Act to provide for Child Labor (Prohibition and Regulation)
Preamble: Whereas, it is expedient to prohibit engaging children in factories, mines or similar risky activities and to make necessary provisions with regard to their health,
security, services and facilities while engaging them in other activities; Be enacted by Parliament in the 29 th year of reign of His Majesty’s the King
Birendra Bir Bikram Shahdev.
Chapter – 1
Preliminary
1. Short Title and Commencement ;
(1) This Act shall be called “The Child Labor (Prohibition and Regulation) Act, 2056.”
(2) This Act shall come into force on such date as Government of Nepal may appoint by a notification published in the Nepal Gazette.
2. Definition : Unless the subject or context otherwise requires, in this Act, –
(a) “Child” means a minor not having completed the age of sixteen years.
(b) “Enterprise” means any factory, organization, association, firm, company or their groups established as per prevailing law with
objectives of operating any industry, business or service.
(c) “Entrepreneur” means the person taking final decision with regard to an activity of an enterprise and the word also includes the person
appointed as chief of any part or unit of any enterprise having powers to exercise final authority or having final responsibility
thereof.
(d) “Day” means a period of twenty-four hours beginning from midnight.
(e) “Week” means a period of seven days beginning from the midnight of Saturday or the midnight of any other day prescribed by the
Department of Labor.
(f) “Medical Practitioner” means a medical practitioner prescribed by the Department of Labor.
(g) “Certificate of Qualification” means the certificate given pursuant to Sub-section (4) of section 7.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act
Chapter – 2
Prohibition on Engaging a Child in works
3. Child not to be Engaged in work :
(1) No child having not attained the age of 14 years shall be engaged in works as a laborer.
(2) No child shall be engaged in any risky business or work referred to in the schedule.
4. No Child to be Engaged in Works Against Will: No child shall be engaged in works as a laborer against his/her will by way of persuasion, misrepresentation or
by subjecting him/her to any influence or fear or threat or coercion or by any other means.
Chapter – 3
Provisions Relating to Engaging a Child in Works
5. Information to be Given :
(1) Entrepreneur who has been operating risky business or activities referred to in the schedule at the commencement of this Act shall, within thirty days of the date of commencement of this Act, furnish written information to the labor office having mentioned the following particulars;–
(a) Name and Address of the Enterprise;
( b) Name and Address of the Entrepreneur;
(c) Nature of the business or activities conducted by the Enterprise, and
(d) Other particularls as prescribed.
(2) After the commencement of this Act, the Entrepreneur who operates risky business or activities referred to in the schedule shall, within fifteen days of
the date of operation of such business or activities, furnish the information referred to in Sub-section (1) to the labor office.
6. Approval to be obtained :
(1) In case any Enterprise has to engage a child in works, an approval has to be obtained from the concerned labor office or any
authority or official prescribed by that office and form the father, mother or guardian of the child.
Provided that no approval pursuant to this Section shall be required to engage a child in cultural programs or any activity for greater protection of interest
of children to be organized by an academic institution approved by Government of Nepal or by an organization established according to the prevailing law for
protection of rights or interests of children.
(2) While giving approval to engage a child in work pursuant to Sub- section (1), the labor office may impose appropriate conditions with the objective
of developing skills and qualifications of the child or providing education to the child, and the Enterprise shall have to follow it.
7. Qualification Certificate to be Obtained :
(1) Prior to engage a child as a labor in an enterprise, certificate of qualification has to be obtained that the child
is able to work as a labor.
(2) In order to obtain the certificate pursuant to Sub-section (1) the enterprise shall submit an application at the labor office stations the nature of the
work that the child has to carry out and his/her age.
(3) Upon receipt of the application pursuant to Sub-section (2), the labor office shall cause to conduct medical test of the child by a medical practitioner.
(4) The medical practitioner shall upon conducting medical test by the medical practitioner pursuant to Sub-section (3), give qualification certificate in
the prescribed format if such child seems fit for the work.
(5) The qualification certificate given pursuant to Sub-section (4) shall be valid for one year.
(6) The enterprise shall cause to renew the qualification certificate given pursuant to Sub-section (5) by the medical practitioner.
(7) The enterprise shall borne the fees to be paid for obtaining and renewing the qualification certificate .
(8) The enterprise engaging the children attaining the age of fourteen years at the commencement of this Act shall, within thirty days from the date of
commencement of this Act, have to obtain the qualification certificate.
8. Particulars to be Given :
(1) The Enterprise engaging a child in work after commencement of the Act shall, within fifteen days from the date of engaging in
the work, submit the following particulars along with photograph of such a child to the labor office: –
(a) Name and address of the enterprise,
(b) Name and address of the entrepreneur,
(c) Date of operation of the enterprise,
(d) Business or work conducted by enterprise,
(e) Name, address and age of the child,
(f) Name and address of the father, mother or guardian of the
child,
(g) Date of engaging the child in work,
(h) Nature of the work the child has to do,
(i) Amount of remuneration and other benefits the child is
entitled to,
(j) Qualification Certificate of the child, and
(k) Other Particulars as Prescribed.
(2) The enterprise engaging a child having attained the age of fourteen years at the commencement of this Act shall submit the particulars pursuant to
Sub-section (1) to the labor office within thirty days from the date of commencement of this Act.
9. Time to Engage in works :
(1) No child shall be engaged in work for a period after six o’clock at the evening to six o’clock at the morning.
(2) No child shall be engaged in work for more than six hours in a day and more than thirty-six hours in a week either giving or not giving additional
remuneration.
(3) A child is entitled to a leasure of half an hour after engaging in the work for a consecutive period of three hours and one-day leave given in every
week.
(4) The half an hour leasure time for each day and one day leave in every week shall be deemed to be the duration of work.
(5) A child already engaged in one enterprise shall not be caused to engage in the work of another enterprise on the same day.
10. Remuneration and Benefits :
(1) An enterprise engaging children as workers shall not discriminate on the grounds of sex, race, religion, caste or tribe and shall
provide equal remuneration and benefits for the same works.
(2) Remuneration, allowances, leaves and other benefits to be entitled to a child engaged in an enterprise shall be as prescribed.
(3) No entrepreneur shall engage a child in his/her enterprise providing less remuneration and benefits than the remuneration or benefits prescribed
pursuant to Sub-section 2.
11. Provision Relating to Health and Safety of Child :
The provisions to be made by an entrepreneur with regard to health and safety of the child engaged in an enterprise shall be as prescribed.
12. Disputes Relating to Age :
(1) In case of dispute relating to age of a child engaged in an enterprise, his/her age as per the date of birth referred to in the birth
registration certificate shall be deemed to be his real age.
(2) If any child is not having the birth registration certificate, the date determined upon examination by a medical practitioner shall be deemed to be
his/her actual age.
13. Registration Book to be Maintained :
(1) With regard to a child engaged in an enterprise, the entrepreneur shall maintain a registration book having stated the
following matters: –
(a) Name and Address of the child,
(b) Name and Address of the father, mother or guardian,
(c) Date of birth or age,
(d) Date of engaging in work,
(e) Nature of work
(f) Time for engaging in work,
(g) Time for rest
(h) Remuneration and other benefits
(i) Other matters as prescribed
(2) The registration book referred to in Sub-section (1) shall be given to the employees deputed from labor office as and when required.
14. Notice to be :
The entrepreneur shall compulsorily affix notices in notice board about the matters relating to works in which a child should not be engaged, the remuneration and benefits which a child is entitled to, facilities and weekly holiday and punishment to be imposed if child is engaged in works against this Act.
Chapter – 4
Provisions Relating to Inspection
15. Inspection and Action :
(1) The labor office may depute an employee from time to time to inspect an enterprise engaging children.
(2) The entrepreneur shall have to allow the employee deputed pursuant to Sub-section (1) to enter and to inspect in the enterprise at any time. The
entrepreneur shall make available the matters required to examine and to know by the employee deputed for inspection in such a way.
16. Removing from Works :
(1) While inspecting an enterprise pursuant to section 15, if a child is found to have been engaged against sections 3 or 4, the employeeinspecting the enterprise shall immediately handover such child to his/her father, mother or guardian and order the entrepreneur to remove the child from works.
(2) If a child does not have father, mother or guardian or if none of them are traced, the entrepreneur shall have to keep such child in any child welfare
home or any organization providing care for children.
(3) The enterprise shall have to bear costs to be incurred while handing over the child to his/her father, mother or guardian or the costs to be incurred
while keeping the child in a child welfare home or organization as per rules of such home or organization.
17. Inspection Report :
(1) The employee inspecting an enterprise pursuant to section 15 shall, within fifteen days from the date of completion of the inspection, submit report to the labor office having stated in detail as to whether any enterprise is engaging children against the provisions of this Act or not whether or not the provisions to be made pursuant to this Act or Rules framed thereunder including provisions of health and safety of the child engaged in works are made the labor office may conduct inquiry as to whether or not the employee deputed in such a way has carried out works according to this section and whether the report submitted is realistic or not and may take action according to law if it is found
otherwise.
(2) In case it is found, according to the report submitted pursuant to Sub-section (1), that any enterprise has not made the provisions to be made as per
this Act or Rules made there under, the labor office may order the entrepreneur to make such provisions as soon as possible within the appropriate time-frame.
(3) The entrepreneur shall have to make provisions as per the order within the time-frame prescribed by the labor pursuant to Sub-section (2).
18. Suspension of Facilities : In case the concerned enterprise does not make necessary provisions as per the order given by the labor office pursuant to section
17, the labor office shall refer to in writing to the concerned agency to suspend the facilities to be given as per prevailing laws to the enterprise for the prescribed
time.
(2) If it is referred to from the labor with regard to any enterprise pursuant to Sub-section (1), the concerned body shall suspend the facilities to such
enterprise and given information thereof to the labor office.
Chapter – 5
Provision Relating to Punishment and Appeals
19. Punishment :
(1) Whoever commits any act in contravention of Sub-section (1) of section 3 shall be liable to a punishment of imprisonment of three months in
maximum or a fine of Rs. 10,000/- in maximum or the both.
(2) Whoever commits any act in contravention of Sub-section (2) of section 3 and section 4 shall be liable to a punishment of an imprisonment of one
year in maximum or a fine of fifty thousand rupees in maximum or the both.
(3) In case any entrepreneur commits any act in contravention to sections 6, 7, 9, 10 or 11, he/she shall be liable to the punishment of an
imprisonment up to two months or a fine of five thousand rupees in maximum or the both.
(4) In case any entrepreneur commits any act in contravention of sections 5, 13 or 14, he/she shall be liable to a punishment of one month in
maximum or a fine of three thousand rupees in maximum or the both.
(5) Whoever commits any act in contravention of this Act, except as referred to in Sub-sections (1), (2), (3) and (4) this section or the Rules framed
under this Act, he/she shall be liable to a punishment of imprisonment of 15 days in maximum or a fine of one thousand rupees in maximum or the both.
(6) Whoever commits the same act again after having been punished pursuant to Sub-sections (1), (2), (3), (4) or (5), he/she shall be liable to double of
the punishment referred to in the same Sub-sections.
20. Complaints and limitation :
(1) With regard to an offence punishable under this Act, the following person or organization may file complaint at the concerned
labor office: –
(a) Employees inspecting an enterprise pursuant to section 15,
(b) Police of the concerned area,
(c) The concerned child or his/her father, mother or guardian,
(d) The concerned Village Development Committee /Municipality,
(e) Trade union of enterprise level, or
(f) Any agency or non-governmental organization established pursuant to prevailing law and engaged in protection of rights
and interests of the child.
(2) With regard to an offence punishable under this Act, complaint shall be filed within one year from the date of commission of the act.
21. Power to Impose Punishment :
(1) The labor office shall have powers to impose punishment pursuant to section 19 on persons violating this Act and Rules
framed there under.
(2) While imposing punishment pursuant to Sub-section (1), if the labor office has to impose punishment of imprisonment, it shall refer the matter to the
labor court and do according to the decision of the court.
22. Appeal : The person not satisfied with the punishment imposed by the labor office pursuant to section 21 may file appeal at the labor court within thirty five
days from the date of order of the punishment. Provided that in case of punishment of imprisonment, appeal shall be filed at the Appellate court.
Chapter – 6 Miscellaneous
23. Child Labor Prohibition Committee :
(1) Government of Nepal shall form Child Labor Prohibition Committee in order to provide for health, safety, education, vocational training to children engaged in an enterprise; in order to provide for appropriate employment for children; to discourage to have children involved in works and to get necessary suggestions and opinions for prohibiting
child labor.
(2) In such a committee, provision of appropriate representation of governmental and non-governmental organizations and experts engaged in child
labor sector shall be made.
(3) The formation procedures, functions, duties and powers and procedures of the Child Labor Prohibition Committee shall be as prescribed.
24. Child Labor Prohibition Fund :
(1) Government of Nepal shall form a Child Labor Prohibition Fund for child working in an enterprise for their health, security, education, vocational training and for suitable employment of child to discourage to have children involved in works and to eliminate child labour.
(2) The following amounts shall be deposited in the Child Labor Prohibition Fund: –
(a) Grants amount received from Government of Nepal,
(b) Grants, donation, fee and amount of assistance to be received from various national and international organizations and
associations,
(c) Amounts to be received from other sources.
(3) Amounts to be deposited in the Child Labor Prohibition Fund and operation of the fund shall be as prescribed.
25. Directives May be Issued :
(1) Government of Nepal may, in order to execute objectives of this Act, issue necessary directives to the Entrepreneur, trade unions,
child welfare homes and child care organizations for protection of rights and interests of the children.
(2) It shall be the duty of the all concerned parties to abide by the
directives issued by Government of Nepal.
26. Alteration in Schedule :
(1) Government of Nepal may add more risky jobs in the schedule having published notice in the Nepal Gazette.
(2) While adding and risky job in the schedule, Government of Nepal may, if it deems fit, seek opinion of the Child Labor Prohibition Committee.
(3) After 30 days from the date of publication of the notice pursuant to Sub-section (1), the amendment shall be deemed to have been changed.
27. Power to Frame Rules :
In order to enforce objectives of this Act, Government of Nepal may frame necessary rules.
28. Repeal and Amendment :
In the Labor Act, 2048, the following amendments have been made.
(a) Clause (i) of section 2 is repealed.
(b) The words “of sixteen years” are substituted by removing the earlier words “of fourteen years of age”
(c) Sub-section (1) of section 5 has been repealed.
(d) After section 32, the following sections of section 32A and
32B are inserted: –
32A. Minor not to be engaged in Works without Adequate Guidelines or of Vocational Training :
(1) No minor shall be engaged in works without adequate directives about the concerned working areas or vocational training.
(2) Provisions with regard to adequate directives about the concerned working areas or vocational training to be given to minors pursuant to Sub-section
(1) shall be as prescribed.
(3) The entrepreneur engaging a minor in work against Sub-section (1) shall be liable to a punishment of imprisonment up to three months in maximum or
a fine of ten thousand rupees in maximum or the both.
32B. Disputes Relating to Age :
(1) In case a dispute arises with regard to age of a inor engaged in an enterprise, the age as per the date of birth certificate of the
minor shall be deemed to be his/her actual age.
(2) In case a minor does not have birth registration certificate after having carried out medical tests the age determined by a medical practitioner
prescribed by the Department of Labor shall be deemed to be his/her actual age: –
(3) In the Children’s Act, 2048 (1991)
(a) Sections 17 and 18 have been repealed.
(b) Chapter 5 has been repealed.
(c) Words ’17’ and ’18’ appearing in Sub-section (1) and (6) of
section 53 have been deleted.
(d) Sub-section (10) of section 53 has been repealed.
Schedule -1
(Relating to Sub-section (2) of Section 3)
Risky Business or Works
(a) Business relating to tourism including tourism, residence, motel, hotel, casino, restaurant, bar, pub, resort, skiing, guiding, water rafting, cable car complex, Pony
trekking, mountaineering, hot air ballooning, parasailing, gulf course, polo, horse- riding and so on;
(b) Service-oriented business such as workshop, laboratory, animal slaughterhouse, cold storage and so on;
(c) Public transport and construction business;
(d) Works relating to manufacture of cigarette, biri; carpet, weaving, dying; wool cleaning; fabrics weaving, dying, washing and printing strips; leather tanning;
cement manufacturing and packing; production, sale and distribution of matches, explosives and other flammable materials; production of beer, liquor and other
drink items; production of soap; production of bitumen; production of pulp and paper; production of slate, pencil, insecticides, lubricating oils; collection of
garbage; processing and electroplating; photo processing and works relating to rubber, synthetic, plastic, lid and mercury;
(e) Works relating to water resources, air, solar power, coal, natural oil or gas, bio-gas or the like works relating to producing energy and its transmission and
distribution;
(f) Works relating to mines, mineral substances, exploration, processing and distribution of natural oil or gas.
(g) Works relating to rickshaw and carts pulled by human beings.
(h) Works relating to cutting machine.
(i) Works to be done in underground, under water or in excessive height.
(j) Works to be done having contact with chemical substances and
(k) Other risky works or business prescribed by the prevailing laws.
Banking Offence and Punishment Act, 2064
Date of authentication and publication
23 magh 2064 (6 February 2008 )
Act number 35 of the year 2064 (2008)
An Act enacted to Provide Legal Provisions in relation to the Banking Offences and Punishments
Preamble: Whereas it is expedient to provide legal provisions on banking offences and punishments with a view to promoting trust towards banking and financial system
thereby mitigating the consequences and the risks that the banking and financial system may suffer on account of the offences may be occurred in course of transactions of
Banks and Financial Institutions be it enacted by the Legislative Parliament .
Chapter-1 Preliminary
1. Short Title, Scope and Commencement :
(1) This Act may be called “Banking Offence and Punishment Act, 2064 (2008).
(2) This Act shall come into force within Nepal and also to the persons and institutions whomsoever, residing abroad after committing banking offence
in Nepal.
(3) This Act shall come into force immediately.
2. Definitions : Unless the subject or context otherwise requires, in this Act;
(a) “Bank” means a bank licensed by Nepal Rastra Bank to carry out
“A” category financial transactions, pursuant to prevailing law.
(b) “Banking Offence” means the offenses as stipulated under Chapter-2. (c) “Financial Institution” means a financial institution licensed by
Nepal Rastra Bank to carry out “B”, “C” and “D” category financial transactions, pursuant to prevailing law.
(d) “Institution” means a firm or company eligible to maintain a bank account with the bank or financial institution, pursuant to the
prevailing laws and the term also includes other corporate body or agencies established under the prevailing laws.
(e) “Borrower” means a person, firm, company or corporate body incorporated under prevailing law, which borrowed from Bank or
Financial Institution and this term also includes the person who has provided guarantee.
Chapter-2 Banking Offences
3. Not to open an account or demand cash payment in an unauthorized manner : While opening an account with a bank or financial institution or
demanding cash payment, no one shall undertake the following acts:
(a) Open or knowingly allow to open an account by submitting false documents,
(b) Open or allow to open an account in the name of a fictitious or other person or organization, except otherwise permitted by the laws, (c) Draw a cheque to obtain or to knowingly make payment from an account where he/she has an apparent knowledge that the account does not have sufficient balance to cover the amount of the cheque drawn.
4. Not to obtain or issue cheques, cheque-books or bank statements in an unauthorized manner:
(1) No one shall demand or obtain a cheque, cheque- book or account statement of other person in an unauthorized manner or by misleading in any manner or by giving an impression that he/she is the true holder of the same.
(2) No one shall, in an unauthorized manner, provide a cheque, cheque- book or account statement to other person or institution without the request of
the concerned person in writing.
5. Not to make unauthorized withdrawals or payments :
While withdrawing or making payment from an account maintained with a bank or financial institution, no one shall;
(a) withdraw money, in an unauthorized manner, from other person’s account,
(b) withdraw money by stealing a cheque held by other person or by obtaining the same in any other manner,
(c) transfer fund, in an unauthorized manner, from customer’s account or make unauthorized payment therefrom,
(d) obtain or make cash payment by getting any sort of fake or other person’s bills of exchange, cheque, draft or other similar instruments
in an unauthorized manner.
6. Not to obtain or make payment by way of abuse or unauthorized use
of electronic means.:
No one shall, obtain or make payment by way of abuse or unauthorized use of a credit card, debit card, automated teller machine(ATM)
card or other electronic means.
7. Not to avail or provide loans in an unauthorized manner :
While availing or providing loans from a bank or financial institution, no one shall
commit the following acts:
(a) Avail or provide loans by submitting a false, fake or fake financial statement or by creating artificial business.
(b) Avail or provide over loans by way of unnatural over valuation of collateral security.
(c) Avail or provide loans by way of unnaturally hiking the project cost based on false details.
(d) Avail or provide credit, facility or discounts beyond the authority obtained or limit sanctioned.
(e) Re-avail or re-provide loans from or by other Bank of Financial Institution without having due release of the collateral security once
provided to a Bank or Financial Institution or in excess than the amount covered by the collateral security against the same collateral
security.
Provided that, this restriction shall not be applicable in case of release of loans to be provided under consortium.
(f) Avail loans through an entity having established in the name of a person who, in fact, does not have financial capability to run the
business or, who is a person under undue influence or extend loans knowing the said facts.
(g) Extend credit more than the requirement compared to the customer’s business transaction.
(h) Accept or provide any sort of undue benefit in return to granting credit facility.
8. Not to misuse credit : No one shall misuse the credit facilities availed from a bank or financial institution or cause to misuse by diverting in the purpose other
than for which the credit facilities were availed.
9. Not to misuse banking resources, means and assets:
(1) The Promoter, Director, shareholder who is deemed to have a financial interest under the prevailing laws, Chief Executive Officer, employee, advisor, Managing Agent or
associated person or organization or family member or close relatives of such persons shall not misuse the resources of a bank or financial institution by
availing a credit or facility or in any other manner.
Provided that,
(1) It shall not be deemed an obstruction in availing loans or advances by the Chief Executive Officer or employees of a bank or financial
institution under employees’ facility scheme, as per the prevailing laws.
(2) It shall not be deemed to be an obstruction in providing credit or facility to close relative having approval of the Board of Directors
of Bank or Financial Institution.
Explanation:
(a) For the purpose of this Sub-section, the term “family member” means concerned person’s husband or wife, son, daughter, adopted son,
adopted daughter, father, mother, step mother and taken cared elder brother, younger brother and elder sister younger sister.
(b) “Close relative” means separated elder brother, younger brother, elder sister in law (wife of elder brother), younger sister in law (wife of younger brother), married elder sister, younger sister, elder brother in law (husband of elder sister), younger brother in law (husband of younger sister), nephew (son of uncle), niece (daughter of uncle), younger brother in law (wife’s younger brother), younger sister in law (wife’s younger sister), mother in law (wife’s mother), father in law (wife’s father), uncle, aunt, maternal uncle, maternal aunt,
nephew (son of sister), Niece (daughter of sister), grandson, granddaughter, granddaughter in law (wife of grandson), grandson
in law(husband of granddaughter).
(2) No one shall, in violation of the interest of the depositors or a bank or financial institution, incur or cause to incur the assets of the bank or financial
institution .
(3) No one shall commit any financial irregularity, whiling auctioning the non-banking assets or other assets of a bank or financial institution or while
doing any other transactions.
10. Not to acquire assets or open account by borrower who has over dues :
No borrower who has over dues shall remit money to a bank by opening an account with a local or foreign bank or financial institution or continue such account or operate the account or purchase any movable or immovable assets in any manner or acquire title or possession over such assets in any manner without settling the dues payable to a bank or financial institution. In case any borrower, before over due, has obtained any moveable or immovable asset or continued account operation, the borrower must use the amount to be received from such asset or bank account in repaying the over dues.
11. Not to stop credit facility in the way to loss working project of borrower :
Bank or Financial Institution which has once provided the first installment after approving credit facility for a project of borrower, without sufficient basis and considerable reason, shall not stop the remaining installments in-between in the way to loss working project of the borrower.
12. Not to make loss by making alteration in the account or ledger or by
committing forgery or fraud :
No one shall, with a motive of self benefit or to cause loss or benefit to any other person, commit any forgery by tempering any matter written in Bank or Financial Institution’s document or account or ledger whether by removing or by rewriting the same to mean different sense or with a motive to cause loss other, commit fraud by misleading others
representing the untrue or non-existent facts to be true or existent or by getting a document signed with an alteration in the date, number or particular.
13. Not to derive excess, low or false valuation :
While carrying out the valuation of movable or immovable assets held by a bank or financial institution as a collateral security of a loan or non-banking movable or immovable asset of a bank or financial institution, the valuer shall not cause any loss or harm to the bank or financial institution by deriving excess, low or false valuation of such
assets while valuating for the purpose of auctioning sell or for other purpose relating to Bank.
14. Not to carry out and cause to carry out irregular economic or
financial transactions:
No one shall, with a motive to cause any harm or loss to a bank or financial institution, get something done or undone or bargain or forbid bargaining or take or give any amount or take or give any goods or services free of costs; take or give any charity, grant, gift or donation; execute or get executed or translate or get translated a false deed or do work or get the
work be done with mala fide intention to cause illegal benefits or losses.
Chapter-3 Punishment
15. Punishment :
(1) If a person commits any offense specified under Clause (a), (b) or (c) of Section 3, Section 4 or Section 11, such person shall be punished with a fine up to Rupees Ten thousand, depending upon the degree of the offense committed.
(2) If anyone commits any offense specified under Section 5, 6 or Clause (d), (e), (f), (g) or (h) of Section 7 or Section 8,9,10,12 or Section 14, he/she shall be punished with fine and imprisonment as stipulated under on the basis of the claimed amount, after recovering the claimed amount, if any and depending upon the degree of the offense committed.
(3) If anyone commits any offense specified under Clause (a), (b), (c) of Section 7 or Section 13, he/she shall be punished with a fine equivalent to the value of such collateral security and an imprisonment up to a period of five years, depending upon the degree of the offense committed and the Adjudicating Officer may, depending upon the degree of the offense, issue an order restricting such valuer not to carry out the valuation works up to a period of three years from the date of completion of the punishment.
(a) If the claimed amount is up to one million rupees Imprisonment up to one year
(b) If the claimed suit amount is above one million rupees and up to five million rupees Imprisonment from one year to two years
(c) If the claimed amount is above Five million rupees and up to Ten million rupees Imprisonment from two years to three years
(d) If the claimed amount is above Ten million rupees with whatever amount Imprisonment from three years to five years
(4) In case the suit amount cannot be established in accordance with this Section, he/she shall be punished with a fine up to Rupees one million and an
imprisonment up to two years.
(5) In case any organization commits any offense specified under this Act and if the concerned office bearer or the employee committing such offense be
identified, he/she shall be held liable, if the office bearer or the employee could not be identified, the person working in the capacity of the organization head at
the time of the occurrence of the offense shall be held liable.
(6) The person or organization attempting to commit a banking offense or the person or organization indirectly involved in committing such offense or the person assisting in committing such offense or the employees or the Chief Executive Officer or Office bearer of such assisting organization shall be punished with a half of the punishment that the offender may be subjected to.
16. Punishment to the Persons Creating Hindrance :
If any one creates hindrance/obstacle in the investigation and inquiry proceedings undertaken under this Act, the adjudicating officer may punish him/her with an
imprisonment up to six months or a fine up to five thousand rupees or both based on the report of the Officer involving in Investigation and inquiry.
Chapter-4 Proceeding and Disposal of the cases
17. Time and limitation for the lodgment of First Information Report :
(1) In regard to an offense under this Act, an First Information Report may be lodged within one year from the date the offense comes to the knowledge and
the case shall have to be lodged within six months from the date the First Information Report FIR is so lodged with the Court as fixed by the Government
of Nepal with publishing a notice in Nepal Gazette.
(2) Notwithstanding anything contained hereinabove in Subsection (1), a case may, at any time, be initiated against an employee or office-bearer of a bank or financial institution, who caused misappropriation or loss of asset of Bank or Financial Institution during his/her assumption of service in any post thereof and there shall be no obstruction in initiating a case even after such office-bearer or employee retires from the service.
18. Government to be the plaintiff :
In the case where punishment shall be given as per this Act, the government shall be the plaintiff and such case shall be considered to be included in Schedule-1 of Act relating to Government Cases, 2049(1993).
19. Proceedings may be initiated by detaining into the custody :
(1) Notwithstanding anything contained in the prevailing laws, the Officer involving in Investigation and inquiry may detain an offender under the Act, in the custody by giving him/her a detention order as per the prevailing laws, if there is an adequate ground to believe that the person, against whom proceedings have been initiated as per this Act, may extinct or destroy any evidence or create hindrances or obstacles or influence adversely in the proceeding of investigation and inquiry of it or on the basis of the evidences,
existent presently, if there is a reasonable ground to believe that a person, not having residence in Nepal, is the offender of banking offence who can be
subject to an imprisonment up to 6 months or above.
(2) In case the investigation and inquiry initiated in regard to the person detained in the custody as stipulated under Subsection (1) above could not be completed within 24 hours and it is deemed necessary to continue the investigation and inquiry process by detaining him/her further in the custody, the investigation and inquiry officer shall detain further only after obtaining approval from the adjudicating officer getting the person in presence before the adjudicating officer.
(3) While requesting to adjudicating officer for approval as stipulated under Sub-section (2) the charges against the person detained in the custody,
basis thereon, justification for continuing the investigation and inquiry proceedings by detaining him/her in the custody and description of the affidavit
of statement obtained, if any taken from him/her, shall have to be clearly mentioned.
(4) If approval for detention as stipulated under Sub-section (2) above is sought for detention, the adjudicating officer may, considering, after reviewing the concerned documents, whether the investigation and inquiry progress has been satisfactorily or not, grant approval for detention up to a period of maximum forty-five days at a time or in multiple instances but not exceeding ten days at a time, if progress in the investigation and inquiry proceedings .
Chapter-5 Miscellaneous
20. Cooperation to be extended :
It shall be the duty of the bank or financial institution or the concerned individual to extend necessary cooperation to the investigation and inquiry officer while carrying out investigation and inquiries on the offenses under this Act.
21. Action not be initiated on the ground of breach of secrecy :
Notwithstanding anything contained in the prevailing laws, if the person, who provided information on happening of offence or possible happening of the same to initiate legal proceedings or to stop occurrence of offence under this Act, is an employee of a bank or financial institution, no action shall be taken on the ground of breach of secrecy in terms of his/her service rules, for the reason of his/her providing/doing such cooperation.
22. Provisions relating to serving the Notice :
(1) Notwithstanding anything contained in the prevailing laws, a notice to be served in the name of a foreign individual, in connection with the offenses under this Act, shall be served in the name of an office or representative of such individual in Nepal, if any, and the notice so served shall be deemed to be duly served.
(2) In case the office or representative as stipulated under Subsection (1) is not existent, the notice shall be served at the main business place of such individual or his/her permanent residential address or at the mailing address if provided by him/her during the course of business, through telex, telefax or other means of recordable telecommunication or through post by registration and the notice so served shall be deemed to be duly served.
(3) Notwithstanding anything contained in Sub-section (1) or (2), if there is a separate provision in any treaty where Government of Nepal or Nepal is a party, there shall be no obstruction in serving the notice in the name of a person residing in foreign country in the manner as specified in the same.
23. Notice to be published :
In case a report is received, in connection with the dispatch or service of a notice to any individual under this Act or other prevailing laws, detailing that the notice could not be dispatched or served for the reason that the address of such individual could not be identified or for any other reasons, notwithstanding anything contained in the prevailing laws, a
public notice to this effect shall be published in a national level newspaper (in an English daily in regard to a foreigner) at least two times extending him/her a
time period of 3o days and furnishing thereon the abridged particulars of the case, whether the case is investigated or is already lodged with the adjudicating
officer. If the notice is so published, it shall be deemed to be duly served or served to such individual, notwithstanding anything contained in this Act or
other prevailing laws.
24. Issuance of order for creating encumbrances over the assets of a foreign individual:
(1) If any foreign individual does not appear in front of the investigation and inquiry officer as per the notice even after providing notice by the investigation and inquiry officer or serving it pursuant to Section 22, the investigation and inquiry officer may issue an order not to take outside Nepal or to create encumbrance over the property, entitlement, interest or concern held by him/her within Nepal, if any, till the person doesn’t appear in front of the investigation or inquiry officer and it shall be the duty of the all concerned to
comply with such order.
(2) Person not complying with the order issued pursuant to Sub-section (1) shall be punished with a fine up to Rupees one hundred thousand by the investigation and inquiry officer. The losses or harm caused to the Government of Nepal or public institution, if any, due to such noncompliance of the order,
shall also be recovered from him/her.
25. Adjudication proceedings and disposal of the case not be affected :
Notwithstanding anything contained in the prevailing laws, the adjudication proceedings and disposal of the case initiated or to be initiated pursuant to this
Act shall no longer be affected even if the offender is died.
26. Waiver in the Claim of Punishment may be Happen :
The investigation and inquiry officer may provide waiver in the claim of punishment, in full or part, to a person extending cooperation in regard to the investigation and inquiry
proceedings initiated under the Act presenting such person as a witness.
Provided, notwithstanding anything contained in this Act or in prevailing laws a case may be reregistered against such person if his/her cooperation could not be
established from other proof/evidence or if he/she makes statement before the adjudicating officer against the cooperation extended by him/her to the
investigation and inquiry officer
27. To be considered ineligible :
A person convicted with an imprisonment under this Act shall be considered ineligible to work as an employee of a bank or
financial institution.
28. To be governed as per the prevailing laws :
Notwithstanding anything contained elsewhere in this Act, in the offense committed in the involvement of a person holding public position under the prevailing laws or of a civil servant, if the offence is prosecutable or punishable pursuant to Commission for the Investigation of Abuse of Authority Act, 2048 (1992) and the Corruption
Prevention Act, 2059 (2003) , the action shall be initiated and the punishment shall be given in accordance with the same Acts.
29. Regulation may be framed :
The Government of Nepal may formulate necessary Rules for implementation of the objectives of this Act.
AN ACT TO PROVIDE FOR AUDIT
Preamble : Whereas it is expedient to make necessary provisions on Audit, Now, therefore, on the twentieth year of the reign of His Majesty King Birendra Bir
Bikram Shah Dev, the Parliament has enacted this Act.
1. Short Title and Commencement :
(1) This Act may be called “Audit Act 2048 (1991)”
(2) This Act shall come into force immediately.