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2

10. Examination of Meat of the Slaughtered Animal

10. Examination of Meat of the Slaughtered Animal:

(1) The Meat Inspector shall have to inspect the meat of the slaughtered under Section 9 as prescribed.
(2) If any defect or disease is found in the meat of the slaughtered animal upon examination under Sub-section (1), the Meat Inspector may partially or completely prohibit the sale or distribution of such meat.
(3) For the purpose of this Section the Government of Nepal may specify a laboratory for the examination of meat.

11. Prohibition on the Sale of Meat

11. Prohibition on the Sale of Meat:

(1) No sale of meat of the animal other than as mentioned in Sub-section (1) of Section 2 shall be allowed.
(2) No sale of meat of dead animal due to disease or any other cause shall be allowed.
(3) No sale of meat with skin shall be allowed.
Provided that, this Section shall not prevent to sell the meat of birds, pigs, wild pigs or boars and the meat of species identifying organs or portions or head or legs of the animal with skin.

16. No Objection

16. No Objection: Notwithstanding anything contained elsewhere in this Act, there shall be no objection to slaughter an animal in places other than a slaughterhouse or to consume meat with skin on the occasion of traditional festivals, religious rituals, feasts or spiritual ceremonies.

17. Penalties

17. Penalties:

(1) A person who violets Sub-section (1) or (3) of Section 8, Section 9, Sub-section (2) of Section 10, Sub-section (3) of Section 11 or Sub-section (2) of Section 12 shall be liable to a fine up to Five Thousand Rupees for the first time
and Ten Thousand Rupees or an imprisonment up to one month or both from the second time and onwards for each offence.
(2) A person who violets Section 3, Sub-section (1) or (2) of Section 11 or Section 13 shall be liable to a fine up to Ten Thousand Rupees for the first time and Twenty Thousand Rupees or an imprisonment up to three months or both
from the second time and onwards for each offence.

Animal Health and Livestock Services Act, 2055 (1999)

Animal Health and Livestock Services Act, 2055 (1999)
Date of authentication and publication:
6 sawan 2055 (July 22, 1998)
An Act Made to Provide Necessary Arrangement Relating to Animal Health and Livestock Services
Preamble:

Whereas, it is expedient to systematize and develop the animal husbandry business which occupies an important place of the national economy and to provide necessary arrangement relating to healthy production; sale, distribution, export and import of animal products or animal production inputs, Now, therefore, the Parliament has enacted this Act on the twenty seventh year of the reign of His Majesty the King Birendra Bir Bikram Shah Dev.

Chapter-1

Chapter-1 Preliminary
1. Short Title and Commencement:

(1) This Act may be called “Animal Health and Livestock Services Act, 2055 (1998).”
(2) This act shall come into force at the prescribed area and from the prescribed date as notified by Nepal Government in the Nepal Gazette.

2. Definitions :

In this Act, unless the subject or context otherwise requires,
(a) “Animal” means any domestic or wild animal, and this expression also includes bird and fish.
(b) “Animal Products” means meat, blood, animal fat, bile, milk, egg, bone, skin, horn, hoof, feather, wool, fur, hair, embryo, semen, glands, dung, urine or unprocessed material made from such items.
(c) “Animal Production Inputs” means processed or unprocessed material used in animal health or artificial insemination and other biological products.
(d) “Biologicals” means bacterial or viral vaccines, medicines or biological chemicals used for the development of livestock and animal health.
(e) “Quarantine Check Post” means an Animal Quarantine Check Post established by Nepal Government under Section 3.
(f) “Quarantine” means the process to confirm any animal, animal products or animal production inputs whether diseased or not and put such animal, animal products or animal production or inputs in isolation in specific place, together with or separately for a period of time as prescribed for their inspection.
(g) “Quarantine Officer means the person specified under Section 5.
(h) “Quarantine Place” means a place to keep an animal, animal products or animal production inputs for examination with the purpose of Quarantine.
(i) “Contagious Disease” means the disease mentioned in the Schedules and other diseases as notified by the Government of Nepal in the Nepal Gazette.
(j) “Department” means Department of Livestock Services of Government of Nepal.
(k) “Office Chief'” means a person who acts as a chief of District Livestock Services Office or a person acting as a chief of any other prescribed Office.
(l) “Veterinary Inspector” means an Officer appointed or designated under Section 25
(m) “Importer” means a person who imports animal, animal products or animal production inputs from other countries into Nepal.
(n) “Exporter” means a person who exports animal, animal products or animal production inputs from Nepal to other countries.
(o) “Prescribed'” or “As prescribed” means prescribed or as prescribed in the Rules framed under this Act.

Chapter-2 

Chapter-2 Provisions Relating to Animal Quarantine
3. Establishment of Quarantine Check Post:

Nepal Government shall establish a temporary or permanent Animal Quarantine Check Post in any area within the
country of Nepal by notification published in the Nepal Gazette.

4. Construction of Quarantine Places:

(1) Nepal Government may construct a Quarantine place in the Quarantine check post area established under Section 3 by notification published in the Nepal gazette.
(2) Notwithstanding anything contained in Sub-section (1), Government of Nepal may also permit Private Sector to construct a Quarantine place.
(3) Anybody willing to construct a Quarantine place in the private sector pursuant to Sub-section (2) shall obtain a recommendation letter from the Department.
(4) The terms and conditions to be followed and standard to be maintained in order to construct Quarantine place under Sub-section (1) or (2) shall be as prescribed.

5. Appointment of Quarantine Officer:

Nepal Government shall appoint a person at least with a bachelor degree in Veterinary Science as Quarantine Officer to act as a chief of the Quarantine Check Post established under Section 3.

6. To be kept in Quarantine:

(1) An importer should keep imported animal, animal products or animal production inputs in Quarantine for a specified period of time for their inspection.
(2) The importer concerned shall arrange the feeding, watering and security for the animal in Quarantine under Section (1) at his/her own cost.
(3) In case of death of any animal under Quarantine, the Quarantine Officer shall order the importer to destroy the dead animal after completing the postmortem examination.
(4) The importer shall not claim for any kind of compensation in case of death of animal kept in Quarantine under Sub-section (1).
(5) The examination procedure of animal, animal products and animal production inputs kept in Quarantine shall be as prescribed.

7. Issue of certificate:

The Quarantine Officer shall issue a certificate in a prescribed format for animal, animal products or animal production inputs kept in Quarantine, after the completion of examination.

8. Terms and Conditions to be Followed for the Export or Import :

The terms and conditions to be followed by an exporter or importer in exporting or importing animal, animal products or animal production inputs shall be as prescribed.

9. Import be Made Only Through the Route of Quarantine Check Post:

An importer shall import the animal, animal products or animal production inputs through the route of Quarantine check post only.

10. Restriction on Import:

Government of Nepal may restrict the import of animal, animal products or animal production inputs found with prescribed diseases by a notification published in the Nepal gazette.

11. Prohibition of Entry:

The Quarantine Officer may prohibit the entry of animal, animal products or animal production inputs on the following circumstances:
(a) If an information is received that the imported animal, animal products or animal production inputs are brought from the outbreak area of contagious diseases,
(b) In case of failure to submit the prescribed certificate of disease free and soundness certificate of animal, animal products or animal production inputs by the importer.
(c) If any animals are found dead by contagious diseases even if a certificate under Clause (b) is submitted.
(d) If the vehicle carrying the imported animal, animal products or animal production inputs is found contaminated with contagious diseases.

12. Order May be Issued:

(1) The Quarantine Officer may issue an order to return the animal, animal products or animal production inputs prohibited under Section 11 to the country of their origin.
(2) If there is a possibility of spread of contagious disease in case the animal, animal product or animal production inputs are allowed to remain as such or returned to the country of their origin, the Quarantine Officer may issue an order to the importer to remove or to destroy such animal, animal products, or animal production inputs.

13. May be Auctioned:

(1) If the importer concerned does not take the animal, animal products, or animal production inputs kept in Quarantine by the prescribed time, the Quarantine Officer may seize and auction such animal, animal products or
animal production inputs. The condition and procedures of the auction shall be as prescribed.
(2) If it does not seem appropriate to auction or no body accepts on auctioning the animal, animal products or animal production inputs seized under Sub-section (1), the Quarantine Officer may issue an order to remove or to destroy such animal, animal products or animal production inputs.

14. Removal or Destruction:

The importer concerned shall remove or destroy the animal, animal products or animal production inputs once ordered by the Quarantine Officer under Section 6, 12 or 13.
(2) If the importer concerned does not remove or destroy the animal, animal product or animal production inputs pursuant to Sub-section (1), the Quarantine Officer may remove or destroy such animal, animal products or animal production inputs.
(3) The expenses incurred during removal or destruction of animal, animal product or animal production inputs under Sub-section (2) shall be reimbursed from the importer as government dues.

15. Arrangement for the Transport and Movement of Animals:

The Office In charge or the Quarantine Officer may restrict the movement and transport of animals from the place of Nepal where there is outbreak of contagious diseases in animals to other places of Nepal.

Chapter-3

Chapter-3 Arrangement for Animal Breed Improvement

16. Notification may be Issued:

(1) Nepal Government may by a notification published in the Nepal Gazette, issue a notice to castrate the male animals in any part of Nepal other than those as specified in the notification in order to protect the extinguishing species or to improve their breed.
Provided that, if there is a need for keeping the unsaturated animals essential for traditional festival, worship, or ritual ceremony, any provision mentioned in Sub-section (1) shall not prevent to keep such male animals
separately not allowing for mating.
(2) If a male animal other than as specified in Sub-section (1) is found kept, the Office In charge may issue an order requiring the person concerned to immediately castrate such male animals.

Chapter-4

Chapter-4
Arrangement relating to the Establishment of an Industry and Export Import
17. Recommendation letter for Establishment to be Obtained:

A person willing to establish an industry related to biological products, chicks, fingerlings (hatchery), animal feed or meat processing shall obtain a recommendation letter from the prescribed authority.

18. Recommendation for Import or Export to be Obtained:

A person willing to import biological products, chicks, fingerlings or animal feed shall obtain a recommendation letter from the prescribed authority with a payment of fee as prescribed.

19. License to be Obtained:

(1) A person willing to sell biological products, chicks, fingerlings or meat processing shall obtain a license from prescribed authority paying the fee as prescribed.
(2) The quality and standard of biological products, chicks, fingerlings or meat processing mentioned in sub-Section (1) shall be as prescribed.

Chapter-5

Chapter-5
Penalty and Appeal
20. Penalty:

(1) Any importer, who imports animal, animal products or animal production inputs breaching of Section 9 shall be punished with a fine up to Rupees Twenty five thousand, and if the animal, animal products or animal production inputs so imported are found infected or with contagious diseases, the amount of fine shall be double.
(2) Any person who violates Section 10 shall be punished with a fine up to Rupees Ten Thousand.
(3) Any person who does not obey the order issued under Sub-section (1) of Section 12 shall be punished with a fine up to Rupees Twenty Five Thousand.
(4) Any person who breaches any provision, other than mentioned in Sub- section (1), (2) and (3), of this Act or the Rules framed under this Act shall be punishable with a fine up to rupees five thousand depending upon the gravity of
the crime.

21. Investigation of the Case and File Thereof :

(1) The investigation of the crime under this Act shall be initiated by at least non Gazette first class Assistant
technician of the Quarantine Check Post and upon the completion of the investigation he/she shall file the case to the Judicial Authority.
(2) The crime investigation personnel may seek an advice with Government Attorney before filing the case to the Judicial Authority.

22. Judicial Authority :

(1) The concerned Judicial Authority shall have the authority to deal the case under Section 9.
(2) The Office In charge shall have the authority to deal with the cases, other than specified in sub-section (1), under this Act.

23. Government of Nepal shall be a Plaintiff :

Government of Nepal shall be a Plaintiff in the cases under this Act.

24. Appeal:

A person not satisfied with the decision made by the Officer under Sub- section (1) of Section 22 may appeal to the Appellate Court within thirty five days and in case of Sub-section (2) of Section 22 one may appeal to the Director
General of the Department.

Chapter-6 

Chapter-6 Miscellaneous
25. Appointment of Veterinary Inspector :

(1) In order to inspect the quality and standard of veterinary drugs or biological products, Government of Nepal may
appoint or designate the Veterinary Inspectors in the places or institutions as per necessity.
(2) The functions, duties and powers of the Veterinary Inspectors appointed pursuant to Sub-section (1) shall be as prescribed.

26. Delegation of Authority:

The Office Chief, Veterinary Doctor, Quarantine Officer or Veterinary Inspector may delegate any of the authority, other than the authority of dealing of case as conferred to him/her under this Act, to the personnel sub ordinance to him/her as per necessity.

27. Prevention from Cruelty to Animals:

Government of Nepal may constitute a committee for the prevention of cruelty to animals by a notification published in the Nepal Gazette and the functions, duties and powers of such committee shall be as specified in such notification.

28. Inquiry may be Made:

(1) If the Office Chief suspects for contagious disease, in  any animal, animal products or animal production inputs he/she may examine such animal, animal products or animal production inputs by entering the places of their
location.
(2) If any animal, animal products or animal production inputs are found infected with a disease specified in the notification published in the Nepal Gazette under Section 10 while examining under Sub-section (1), the Office Chief may remove or destroy such animal, animal products or animal production inputs.
(3) If the owner concerned does not remove or destroy the animal, animal products or animal production inputs under Sub-section (2) the Office Chief may remove or destroy such animal, animal products or animal production inputs.
(4) The expenses incurred during removal or destruction of animal, animal products or animal production inputs shall be imbursed from the concerned owner as a Government due.

29. Procedure of Destruction:

The procedure of destruction of carcass, animal products or animal production inputs shall be as prescribed.

30. No Objection :

Notwithstanding any thing contained elsewhere this Act, it shall not be deemed to have been objected to keep the processed animal products, under Quarantine for inspection if there is any doubt of Contagious Disease.

31. Power to Make Changes and Alterations in the Schedule:

Government of Nepal may, by a notification published in the Nepal gazette, make changes as well as
alterations in the Schedule as per necessity.

32. To be as per Prevailing Laws:

The matters contained in this Act shall be as per this Act and the matters not provided for in this Act shall be as per prevailing laws.

33. Power to Frame Rules:

Government of Nepal may frame necessary Rules for carrying out the objectives of this Act.

34. Amendment:

The words “animal, bird or” used in various places of The Contagious Disease Act, 2020(1963) have been deleted.

Schedule

Schedule
(Related to Clause (i) of Section 2)
1. AO10 Foot and Mouth Disease (FMD)
2. AO11 FMD -Virus O
3. AO12 FMD -Virus A
4. AO13 FMD -Virus C
5. AO14 FMD -Virus SAT 1
6. AO15 FMD -Virus SAT 2
7. AO16 FMD -Virus SAT 3
8. AO17 FMD -Virus Asia 1
9. AO18 FMD -Virus not typed
10. AO20 Vesicular Stomatitis (VS)
11. AO21 VS- Virus Indiana
12. AO22 VS- Virus New Jersey
13. AO23 VS- Virus not typed
14. AO24 Swine vesicular disease
15. AO40 Rinderpest
16. AO50 Pestes des petits ruminants
17. AO60 Contagious bovine pleuropneumonia
18. AO70 Lumpy skin disease
19. AO80 Rift valley fever
20. AO90 Blue tongue
21. A100 Sheep pox and Goat pox
22. A110 African horse sickness
23. A120 African swine fever
24. A130 Hog cholera
25. A140 Fowl Plague
26. A160 Newcastle Disease
Multiple Species Diseases
27. B051 Anthrax
28. B052 Auzesky’s Disease
29. B053 Echinococcosis / Hydatidoisis
30. B055 Heart water
31. B056 Leptospirosis
32. B057 Q fever
33. B058 Rabies
34. B059 Para tuberculosis
Cattle Diseases
35. B060 Screwworm (Cochliomyia hominivorax)
36. B101 Anaplasmosis
37. B102 Babesiosis
38. B103 Bovine brucellosis ( B. abortus)
39. B104 Bovine genital campylobacteriosis

40. B105 Bovine Tuberculosis ( Mycobacterium bovis)
41. B106 Cysticercosis ( C. bovis)
42. B107 Dermatophilosis
43. B108 Enzootic bovine leukosis
44. B109 Hemorrhagic septicemia
45. B110 Infectious bovine rhinotracheitis ( IBR/ IPV)
46. B111 Theileriosis
47. B112 Trichomoniasis
48. B113 Trypanosomiasis
49. B114 Bovine malignant catarrhal
50. B115 Bovine spongiform encephalopathy ( BSE)
Sheep and Goat diseases
51. B151 Brucella ovis infection
52. B152 Caprine and ovine brucellosis ( B. melitensis)
53. B153 Caprine arthritis/ encephalitis
54. B154 Contagious agalactia
55. B155 Contagious Caprine pleuropneumonia
56. B156 Enzootic abortion of ewes
57. B157 Pulmonary adenomatosis
58. B158 Nairobi sheep disease
59. B159 Salmonellosis
60. B160 Scrapie
61. B161 Maedi- Visna
Horse diseases
62. B201 Contagious equine metritis
63. B202 Dourine
64. B203 Epizootic lymphangitis
65. B204 Equine encephalomyelitis
66. B205 Equine infectious anemia
67. B206 Equine influenza ( Virus type A )
68. B207 Equine piroplasmosis ( Babesiosis)
69. B208 Equine rhinopneumonitis
70. B209 Glanders
71. B210 Horse pox
72. B211 Infectious arteritis of horse
73. B212 Japanese encephalitis
74. B213 Horse mange
75. B 215 Surra
76. B216 Venezuelan equine encephalomyelitis
Pig diseases
77. B251 Atropic rhinitis
78. B252 Cysticercosis ( C. cellulosae)
79. B253 Porcine brucellosis ( B. suis)
80. B254 Transmisible gastroenteritis of pigs
81. B255 Trichinellosis
82. B256 Enterovirus encephalomyelitis
83. B257 Porcine reproductive and respiratory syndrome
Poultry Diseases
84. B301 Avian infectious bronchitis
85. B302 Avian infectious laryngotracheitis
86. B303 Avian tuberculosis
87. B304 Duck virus hepatitis
88. B305 Duck virus enteritis
89. B306 Fowl cholera
90. B307 Fowl pox
91. B308 Fowl Typhoid ( S. gallinarum)
92. B309 Infectious bursal disease (Gumboro Disease)
93. B310 Marek’s disease
94. B311 Mycoplasmosis ( M. gallisepticum)
95. B312 Psitacosis and ornithosis
96. B313 Pullorum disease ( S. Pullorum)
Disease of other animal
97. B501 Leishmaniasis
Multiple species disease
98. C611 Listeriosis
99. C612 Toxoplasmosis
100. C613 Meliodosis
101. C614 Blackleg
102. C615 Botulism
103. C616 Other clostridial infection
104. C617 Other psterellosis
105. C618 Actinomycosis
106. C619 Intestinal salmonella infection
107. C620 Coccidiosis
108. C621 Distomatosis ( Liverfluke)
109. C622 Filariasis
Cattle disease
110. C652 Mucosal disease/ Bovine viral diarrhea
111. C653 Vibrionic dysentry 112 C654 Warble infestation
Sheep and goat disease
113. C701 Contagious postular dermatitis
114. C702 Foot-rot
115. C703 Contagious ophthalmia
116. C704 Enterotoxaemia
117. C705 Caseous lyphangitis
118. C706 Sheep mange
Disease of other animals
119. C751 Equine coital exenthema
120. C752 Ulcerative lymphangitis
121. C753 Strangles
122. C754 Salmonellosis ( S. abortus equi)
Pig disease
123. C801 Swine erysipelas
Poultry disease
124. C851 Infectious coryza
125. C853 Avian encephalomyelitis
126. C854 Avian spirochaetosis
127. C855 Avian salmonellosis
128. C856 Avian leukosis
Dog and Cat disease
129. C921 Canine distemper.

The Administrative Procedures (Regulation) Act, 2013 (1956)

The Administrative Procedures (Regulation) Act, 2013 (1956)
Date of Authentication Date of Publication
2013-5-22.1 (Sept.6, 1956 A.D.) 2013-5-26 (Sept.10, 1956 A.D.)
Act No. 9 of 2013
An Act to provide for regulating Administrative procedures Whereas, it is expedient to frame new Rules instead of the Muluki Sawal and other Nepal laws for regulating administrative procedures;
Now, therefore, His Majesty the King has, in consultation with the Council of Ministers, enacted this Act.

1. Short title, Extent and Commencement::

(1) This Act may be called “Administrative Procedures (Regulation) Act, 2013 (1956)”.
(2) This Act shall come into force throughout Nepal immediately.

2. Powers of Government of Nepal to Frame Rules:

(1) Government of Nepal may, in order to smoothly run the functions of Government of Nepal including,
matters relating to finance, accounts and auditing and in order to regulate all administrative matters adopted by various offices with regard to regulating all administrative matters, frame Rules.
(2) Rules framed under Sub-section (1) may repeal or amend prevailing Nepalese Law relating to administrative procedures.

Note: The word altered pursuant to the Nepal Interim Government Act (fourth amendment) Act, 2015 B.S.
(1958 A.D.).

Act to Provide for Enhancement of the Circulation of Nepalese Currency, 2014(1957)

Act to Provide for Enhancement of the Circulation of Nepalese Currency, 2014(1957)
Date of Royal Seal Date of Publication in Nepal Gazette  2014.2.29(12-7-1957) 2014.4.7(22-7-1957)
Date of Authentication and Publication Republic strengthening and some Nepal Laws
Amendment Act, 2066(2010) 2066.10.7(21-1-2010) Act Number 3 of the year 2014
……………….. 1
An Act Made for the Enhancement of Circulation of the Nepalese Currency
Whereas, it is expedient to enhance the circulation of the Nepalese currency throughout Nepal for the purpose of consolidating and balancing the economy of the country on the basis of the same currency;
Now, therefore, His Majesty the King has, on the advice of the Council of Ministers, made and issued this Act.

1. Short title, extension and commencement:

(1) This Act may be called as the Act Enhancing the Circulation of the Nepalese Currency, 2014.
(2) This Act shall commence in such area and on such date as may be specified by the Government of Nepal by a notification in the Nepal Gazette. 2
1 Repealed 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) “Nepalese currency” means currency notes issued by the Government of Nepal or the Nepal Rastra Bank and Mohars, Rupees, Rechaki or Paisas issued by the Government of Nepal.
(b) “Foreign currency” means any currency other than the Nepalese currency.

3. Value or fee wage etc. amount may be paid in the Nepalese currency:

If a person, while paying any amount in consideration for the value of purchase or sale of any goods to another person or fee wage, remuneration, fare or similar other amounts to another person in a place where this Act
has come into force, tenders such payment in the Nepalese currency or if such person tenders the Nepalese currency at the exchange rate specified by the Nepal Rastra Bank on the day of making such payment despite that
such payment has been specified as to be payable in a foreign currency, such payment has to be received.
Provided that this Section shall not apply to any transaction and dealing with the Government of Nepal.
4. Payment of amount of transaction made in foreign currency in Nepalese currency: If a person who has to make payment in relation to 2 Place and date of commencement of the Act:
(1) Commencement on 2017.1.1 in the Kathmandu Valley, east 1, 2, 3, and 4 numbers, west 1, 2, 3 and 4 numbers, Dhankuta, Palpa, Baglung, Salyan, Jumla and Dailekh Districts (Nepal Gazette dated 2017.1.27).
(2) Commencement on 2018.3.1in Ilam and Baitadi Districts (Nepal Gazette dated 2018.2.32).
(3) Commencement on 2018.5.1 in Doti District (Nepal Gazette dated 2018.4.30).
(4) Commencement on 2022.9.1 in all the rest Districts (Nepal Gazette dated 2022.8.30).
any transaction made in a foreign currency immediately in any place where this Act has come into force tenders such payment in the Nepalese currency at the rate prevailing in the Nepal Rastra Bank on the day of tendering of
such payment, such payment has to be received.

5. Saving:

The foregoing Sections 3 and 4 shall not apply to the Government of Nepal and those persons or organizations and dealings authorized by the Government of Nepal.

6. Punishment:

If any person does not receive the Nepalese currency tendered for payment by a person pursuant to Section 3 or 4, that person shall be liable to punishment of fine of Rs. 100 (one hundred rupees) to Rs.  1,000.00 (one thousand rupees).
7. Power to frame rules:

The Government of Nepal may frame rules to implement the objectives of this Act.

Act Restricting Investment Abroad, 2021(1964)

Act Restricting Investment Abroad, 2021(1964)
Date of Publication in Nepal Gazette:
2021.5.13 (28-8-1964)
Amending Act:
Date of Authentication and Publication
Republic Strengthening and Some Nepal Laws
Amendment Act, 2066(2010) 1
2066.10.7(21-1-2010)
Act Number 11 of the year 2021 (1964)
……………………… 2
An Act Made to Provide for Restriction on Making Investment Abroad
Preamble:
Whereas, it is expedient to provide for restriction on making investment
abroad in order to maintain economic interest of the general public;
Now, therefore, His Majesty King Mahendra Bir Bikram Shah dev has, on
the advice and with the consent of the National Panchayat, made this Act.
1. Short title, extension and commencement: (1) This Act may be called as
the “Act Restricting Investment Abroad, 2021 (…….).”
(2) It shall apply to all citizens of Nepal whether they reside within
or outside
3 ……………Nepal and to corporate bodies established within
4 …………Nepal.

1 This Act came into force on 15 Jesta 2065(….).
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).

(3) It shall come into force at once.

2. Definitions: Unless the subject or context otherwise requires, in this Act:
(a) “Investment” means any investment made in the following:
(1) Foreign securities,
(2) Partnership of a foreign firm,
(3) Foreign bank account;
(4) Real estate situated abroad,
(5) Any other kind of cash or in-kind investment whatsoever made abroad except that as specified by the Government of Nepal by a notification in the Nepal Gazette.
(b) “Foreign securities” means the securities created or issued abroad and the securities of which principal or interest is to be paid or payable in any foreign currency or abroad.
(c) “Securities” means shares, stocks, bonds, debentures, debenture stocks and government securities, receipts of deposits of securities and units or sub-units of unit trusts, and this term also includes the certificate of entitlement to securities.

3. Restriction on making investment abroad:

(1) No one shall make any kind of investment abroad after the commencement of this Act.
(2) Notwithstanding anything contained in sub-section (1), in relation to any specific kind of investment, the Government of Nepal may, by a notification in the Nepal Gazette, grant exemption from the restriction 4 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010). set forth in that sub-section, and specify the kind, extent, period of the investment so exempted and other necessary terms pertaining thereto.

4. Punishment:

(1) If any person does any act in violation of this Act or any notice, order or direction issued under this Act, the person shall be liable to the punishment of fine equal to the amount in question or imprisonment for a
term not exceeding six months or both.

Explanation: For the purposes of this Section, the term “amount in question” means the amount of investment made abroad in violation of this Act or any notice, order or direction issued under this Act.
(2) If a person who has been punished for any offense punishable under sub-section (1) continues any act constituting the offense even after the receipt of a notice of the order of that punishment, the person shall be
liable to the fine of fifty rupees for each such day.

5. To be state case:

The Government of Nepal shall be plaintiff in cases relating to the offense punishable under this Act.

Radio Act, 2014 (1957)

Date of Authentication Date of publication
2014.2.19 (June 1, 1957) 2015.1.4 (April 16, 1958)

Amendments:
1. Some Nepal laws (Amendment and Rearrangement) Act,2020 (1963)                                   2020.11.16 (Feb. 28, 1964)
2. Judicial Administration Reform Act, 2031 (1974)                                                                        2031.4.18.6 (Aug. 2, 1974)
3. Radio (First Amendment Act), 2046 (1989)                                                                                     2046.7.11(Oct. 27, 1989)
4. Communication Related Some Nepal Acts Amendment Act,2047 (1990)                                2047.7.14 (Oct. 31, 1990)
5. Judicial Administration Act, 2048 (1991)                                                                                       2048.2.16 (May 30, 1991)
6. Communication Related Some Nepal Acts Amendment Act,2057 (2000)                             2057.10.18 (Jan. 31, 2001)

Act number 26 of the year 2014 (1957)

1. Short title, extension and commencement:

(1) This Act may be called as the “Radio Act, 2014 (1957)”.

(2) This Act shall extend to the whole of Nepal.

(3) This Act shall come into force on such date as Government of Nepal may, by a notification in the Nepal Gazette, appoint.

2. Definitions:

Unless the subject or the context otherwise requires, in this Act,-
(a) “Radio machine” means the following machines used for receiving or
sending words, pictures or signals continuously through radio waves without wire connection:-
(1) All kinds of satellite, receiving systems including disc antennas,
(2) Following machines of frequency ranging from 30 kilohertz to 3000 gig hertz, falling under radio spectrum:-
(a) L.F., M.F., H.F., V.H.F., U.H.F., S.H.F., E.H.F. transmitter as well as communication means,
(b) Radio transmitter,
(c) Television transmitter,
(d) Wireless transmitter,
(e) Walkie-talkie,
(f) Cordless telephone,
(g) Video sender,
(h) Amateur radio,
(i) All kinds of satellite communication devices including inmasart,
(3) Cordless microphone,
(4) Radio control toys and models,
(5) Radio receiver, television receiver, video monitor, and
(6) Such machines as may be specified as the radio machine by
Government of Nepal, upon publishing a Notification in the Nepal gazette, from time to time.
(b) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

3. Prohibition on holding, making and using radio machine without license:

Except as otherwise provided in Section 4, no person shall hold, make or use the radio machine without obtaining license under this Act. Provided that, a person licensed to operate the telecommunications service under the Telecommunications Act, 2053 (1996) or a customer using the telecommunications service through such a person shall not be required to obtain the license under this Act to hold, make or use the radio machine relating to the
telecommunications service.

5. Mode of obtaining license:

(1) Any person intending to obtain the license under this Act has to submit an application, accompanied by such fees and in such format as prescribed, to Government of Nepal or the authority specified by Government of Nepal; and Government of Nepal or any authority specified by Government of Nepal may, as per the case, issue the license in the prescribed format×………..

(2) The period of each license issued under Sub-section (1), procedures for its renewal and the fees for such renewal shall be as prescribed.

(3) If, except Government of Nepal, any other authority specified by Government of Nepal refuses to issue the license as requested in the application submitted pursuant to Sub-sections (1) and (2), the aggrieved party may, no later
than Thirty Five days from the date of receipt of such refusal order, file an appeal with Government of Nepal against that order; and in cases where such an appeal is filed, a decision made by Government of Nepal shall be final.

 

6. Penalty:

(1) If any person holds, makes or uses the radio machine without obtaining license pursuant to Section 3, Government of Nepal or the authority specified by Government of Nepal shall seize such radio machine, fix the amount of that radio machine and punish that person holding, making or using the radio machine with a fine of a sum equal to that amount.

(2) If any person commits any act in contravention of this Act or the Rules framed under this Act, other than the act mentioned in Sub-section (1), Government of Nepal or the authority specified by Government of Nepal may
punish such a person with a fine not exceeding Fifty Thousand Rupees.

(3) If any person repeats any act punishable under Sub-section (1) or (2), such a person shall be punished with punishment that is double of the initial punishment.

7. Powers of Chief District Officer to issue search warrant:

(1) If there is a reasonable ground to believe that any radio machine related with an offense punishable under this Act is placed in any house and land or in any kind of vehicle, the Chief District Officer may, at any time, issue a warrant to search that house and land or vehicle.

(2) The officer holding a warrant to make search under Sub-section (1) may enter into any house and land or vehicle mentioned in that warrant and seize any such radio machine he/she suspects to be related with the offense punishable under this Act.

9. Appeal:

Any person who is not satisfied with a decision made by Government of Nepal or the authority specified by Government of Nepal may file an appeal in the Court of Appeal against that decision.

10. Powers to frame Rules:

(1) Government of Nepal may frame necessary Rules to meet the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Subsection (1), such Rules may also provide for the following matters, in particular.
(a) ×……………….
(b) Persons or bodies to which this Act does not apply,
(c) Procedures and terms for issuing, renewing, pending and canceling the license, format of the license and fees
chargeable for issuing and renewing the license,
(d) Maintaining inventory of radio machines that traders of radio machines have obtained, sold, distributed and held with them,
(e) Terms to be observed by makers or traders of radio machines while making or selling and distributing them, and
(f) Other matters required to be prescribed pursuant to this Act.
(3) ×…………..

An Act Made to Provide for Pesticides

Preamble: Whereas, it is expedient to make provisions on the import, export, production, purchase, sale and use of the pesticides used to destroy fatal pests (kitanu) in various seeds, plants, trees, animals, birds etc.; Be it enacted by His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the Council of Ministers, in accordance with Article 129 of the Constitution of the Kingdom of Nepal, 1990 (2047).

2. Definitions:

In this Act, Unless the subject or the context otherwise requires;

(a) “Pesticides” means the pesticides to be used to destroy fatal pests in seeds, plants, trees, animals, birds etc.

(b) “Committee” means the Pesticides Committee formed pursuant to Section 3.

(c) “notified pesticides” means such Pesticides as specified by Government of Nepal by a notified order pursuant to Section 10.

(d) “Prescribed” or “as Prescribed” means prescribed or as prescribed in the Rules or Orders framed or issued under this Act.

3. Formation of Pesticides Committee:

(1) A Pesticides Committee shall be formed to render necessary advice to Government of Nepal on the formulation of a national policy on Pesticides and implement the national policy on Pesticides.

(2) The Committee shall consist of the following members:

(a) Secretary, Ministry of Agriculture -Chairperson

(b) Chief, Central Pest Science Division -Member

(c) Chief, Central Crops Disease Science Division -Member

(d) Chief Malaria Eradication Project -Member

(e) Representative, Nepal Bureau of Standards -Member

(f) Representative, Food Crops and Fisheries
Development Department, Crops Protection Section -Member

(g) Three scientists related with agriculture, livestock and forest science, as nominated by Government of Nepal -Member

(h) One Pesticides entrepreneur and one consumer farmer, as nominated by Government of Nepal -Member

(i) A person designated by Government of Nepal -Member secretary

(3) The tenure of the members nominated by Government of Nepal pursuant to Clauses (g) and (h) of Sub-section

(2) shall be two years; and after the completion of their tenure, they may be eligible to be re-nominated.

(4) Notwithstanding anything contained in Sub-section (3), Government of Nepal may remove any member nominated by it pursuant to Clauses (g) and (h) of Sub-section (2) prior to the completion of his tenure.

(5) Government of Nepal may, if it considers necessary, make necessary alteration in the members of the Committee, by a Notification published in the Nepal Gazette.

4. Meeting and decision of Committee:

(1) A meeting of the Committee shall be held at such place, date and time as may be appointed by the chairperson.

(2) The presence of fifty percent members of the total number of members of the Committee shall be considered to constitute a quorum for the meeting.

(3) The chairperson shall preside over the meeting of the Committee; and in his absence, the member selected by the meeting attending members from amongst themselves shall preside over it.

(4) A majority opinion shall prevail at the meeting of the Committee; and in the event of a tie, the chairperson shall exercise the casting vote.

(5) The member secretary shall authenticate the decisions of the Committee.

(6) The other procedures relating to the meeting of the Committee shall be as determined by the Committee on its own.

5. Functions, duties and powers of Committee:

The functions, duties and powers of the Committee shall be as follows:

(a) To give advice to Government of Nepal to formulate a national policy on Pesticides.

(b) To maintain coordination between the private and government sector in the production and distribution of Pesticides.

(c) To encourage the private sector to make investment in the Pesticides industry.

(d) To maintain or control, or cause to be maintained or controlled, the standards of Pesticides produced by the Pesticides industries being operated in the private or governmental sector.

(e) To fix the standards of Pesticides.

6. Powers to form sub-committees:

(1) The Committee may, as per necessity, form various sub-committees to smoothly carry out the import, export,
production, sale and distribution of Pesticides.

(2) The functions, duties and powers of the sub-committees and their meeting procedures shall be as prescribed.

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