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8. Functions, duties and powers of Pesticides registration body:

(1) The functions, duties and powers of the Pesticides registration body shall be as
follows:
(a) To examine the applications received for the registration of Pesticides, register such Pesticides as held appropriate and issue the certificate.

(b) To establish prerequisites for the efficient, rationale and proper use of Pesticides.

(2) The other functions, duties and powers of the Pesticides registration body and the procedures to be followed in the registration of Pesticides shall be as prescribed.

15. Punishment:

(1) Any person who violates Section 9 of this Act shall be punished with a fine not exceeding Two Thousand Rupees, and such Pesticides shall also be forfeited.

(2) Any person who violates Section 11 or 12 this Act shall be punished with a fine not exceeding Five Thousand Rupees, and such Pesticides shall also be forfeited.

(3) Any person who commits, or causes the commission of, any act contrary to this Act and the Rules framed hereunder, other than the act as mentioned in Sub-sections (1) and (2) above, shall be punished with a fine
not exceeding One Thousand Rupees.

 

17. Investigation and filing of case:

(1) The Pesticides Inspector shall investigate a case related with the offense under this Act and, upon
completing the investigation, shall file the case before Adjudicating Authority (2) In investigating and filing the case pursuant to Sub-section (1), the Pesticides Inspector may seek opinion of the Government Attorney.

THE STAMP DUTY ACT, 2019 (1963)

Date of Authentication and Publication
2019-9-29 (13 Jan. 1963)

The Amending Acts,
1. The Stamp Duty ( First Amendment) Act, 2035 (1978 )                                                                    2035-7-1(18 Oct. 1978)
2. The Act Amending Some Nepal

Acts relating to Finance, 2047 (1990).                                                                                                   2047-8-27(13 Dec. 1978)
3. Republic Strengthening and Some Nepal                                                                                         2066-10-7

Laws Amendment Act, 2066 (2009)                                                                                                     (21 Jan. 2010)

 Act Number 34 of the Year 2019 (1963)

2. Definitions:

Unless the subject or the context otherwise requires, in this Act, –

(a) “Stamp” means such revenue stamp recognised by Government of Nepal as required to be affixed to the documents as referred to in Sub-section (1) of Section 4.

(b) ………………

(c) ……………..

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

(e) “Schedule” means the Schedule of this Act.

4. Stamp Duty to be levied

(1) The Stamp duty shall be levied in the following documents as mentioned in the Schedule :-

(a) deed or memorandum of loans, monetary transaction,

(b) deed of rent bond,

(c) deed of sale of goods and commodities other than non-organizational agricultural goods,

(d) document relating to the purchase and sale of shares, debentures stocks,

(e) negotiable instruments and promissory notes,

(f) all documents relating to insurance policy, and

(g) receipt of rent of a house, shop, hall, hotel and room.

(2) Notwithstanding anything contained in Sub-section (1), the Stamp duty shall not be levied on the following documents:-

(a) a deed of loan (Tamasuk) that is required to be registered compulsorily,

(b) receipt of payment of principal, interest of a loan on which deed has been executed and of payment of crops in kind or in cash,

(c) debentures of Government of Nepal.

(d) cheque, draft, telegraphic transfer (T.T.) and

(e) such documents, out of those mentioned in Subsection (1), as may be so prescribed by Government of Nepal by a Notification published in the Nepal Gazette as may not be subject to the Stamp duty fully or partly.

(3) Postal stamp may be affixed instead of the Stamp to the document subject to the Stamp duty pursuant to Sub-section (1) until the Stamp is available.

5. Provision of sale of Stamp:

Government of Nepal may by a Notification published in the Nepal Gazette, make provision on commission to any person if such person purchases the Stamps.

(2) If there exists a situation under which the Stamp required to be affixed pursuant to this Act is not available or any document to which the stamp has to be affixed does not have appropriate space and if the document to which the Stamp has to be affixed is accompanied by a receipt received upon paying the amount …………………… required for
the Stamp to the local Land Revenue Office or Nepal Rastra Bank, it shall be deemed as if the Stamp were affixed thereto, for purposes of this Act.

(3) ……………. If any person comes to pay the amount for the Stamp duties to the local Land Revenue Office and to the Nepal Rastra Bank, the amount has to be received and due receipt thereof shall be given; and the Land Revenue Office has to debit the amount so received to a separate book of account and has to pay such amount to the Tax
Office at the expiration of the current fiscal year (Saal Tamami)

6. Duty to affix Stamp

The person who receives a document for the purpose of evidence shall, in carrying on transactions referred to in
Section 4, affix the stamp to the document and get the person delivering the document to make signature on the document and also over the Stamp as referred to in the Schedule, also indicating the date, and thereby obtain the deed.

7. No legal recognition of document to which Stamp are not affixed

(1) In cases where no Stamp has been affixed to the document subject to the Stamp duty pursuant to this Act, such document shall not be recognized as legal.

(2) Notwithstanding anything contained in Sub-section (1), in cases where any one has not affixed the Stamp or affixed the Stamp at the rate lower than that set forth in the schedule, such document may be given legal validity by getting such person to affix such Stamp that is five times higher of the Stamp required to be affixed if no stamp has
been affixed and that is five times higher than the Stamp by which it is lesser if the stamp has been affixed at the lower rate or by collecting the sum equal to such duty.

Schedule – Rate of the Stamp duty

Document subject to Stamp Duty
Face value                                                                                                                                                                              Rate
Up to Rs. 100/-                                                                                                                                                                     None
From Rs. 101/- to 250/-                                                                                                                                                      Re. 1/-
From Rs. 251/ to 500/-                                                                                                                                                       Rs. 2/-
From Rs. 501/- to 750/-                                                                                                                                                      Rs. 3/-
From Rs. 751/- to 1000/-                                                                                                                                                    Rs. 4/-
Per thousand in excess of Rs. 1000/-                                                                                                                               Rs. 4/-

Explanation: The duty as referred to in the Schedule shall be levied only on deed of loan or memorandum on household transaction of more than One Thousand Rupees.

An Act to provide for the University Grants Commission

Preamble: Whereas, it is expedient to establish a University Grants Commission and to provide for it in order for appropriate distribution of grant amount received from various sectors for operation and development of universities in the Kingdom of Nepal and for carrying out functions to motivate for providing quality education
having determined academic standard of universities; Be it enacted by parliament in Twenty Second year of reign of His Majesty’s the King Birendra Bir Bikram Shahdev.

2. Definitions:

Unless the subject or context requires otherwise, in this Act –

(a) “Commission” means the University Grants Commission established under Section 3.

(b) “University” means a university established or to be established as per prevailing law.

(c) “Chairperson” means the Chairperson of the commission.

(d) “Member” means member of the commission and this expression also includes the Chairperson and Member-Secretary .

(e) “Secretary” means the Secretary of the commission.

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

3. Establishment of Commission:

(1) There shall be established a University Grants Commission for appropriate distribution of grants amount received from various sectors for operation and development of universities in the Kingdom of Nepal and for providing quality education having determined academic standard of university.

(2) The commission shall be called University Grants Commission in English language.

(3) Office of the commission shall be located at Kathmandu Valley.

4. Commission to be an Autonomous Body

(1) The commission shall be an autonomous body corporate having perpetual succession.

(2) The commission shall have its separate seal for all of its activities.

(3) The commission may, like an individual, acquire, use, sell or dispose of movable and immovable property in any manner.

(4) The commission may file case as an individual and a case may be filed against the commission as well in its name.

5. Composition of Commission:

(1) Composition tion of the commission established under Sub-section (1) of Section 3 shall be as follows: –

(a) The person nominated by Government of Nepal from amongst renowned educationists –Chairperson

(b) Two Vice-Chancellors nominated by Government of Nepal from amongst Vice-Chancellors of Universities –
Member

(c) Member (Education Sector), National Planning Commission –Member

(d) Secretary, Ministry of Education, Culture and Social Welfare –Member

(e) Secretary, Ministry of Finance –Member

(f) Two persons nominated by Government of Nepal from amongst learned persons making special contribution in
higher education and senior professors–Member

(g) Two persons nominated by Government of Nepal from amongst persons of different walks of life making special
contribution in education–Member

(h) Secretary–Member Secretary

(2) The terms of office of nominated members shall be of four years and they may be reappointed upon expiry of the terms of office.

(3) Government of Nepal may, on the recommendation of the commission along with reasons, alter the members of the commission upon publishing a Notification in the Nepal Gazette.

6. Functions, Duties and Powers of the Commission:

(1) Functions, duties and powers of the commission shall be as follows: –

(a) To provide consultation to Government of Nepal with regard to establishing university;

(b) To formulate policies with regard to providing grants amount received from various sectors to universities;

(c) To provide grants to universities and to ask for additional grants and to recommend universities for this purpose to the concerned bodies;

(d) To cause to maintain coordination amongst universities for making academic programs to be conducted as per
universities standard;

(e) To design appropriate programs for enhancement of academic standard;

(f) To make necessary provisions with regard to maintaining appropriate academic standard in universities;

(g) To make necessary provisions with regard to exchange of scholarship and fellowship with universities or academic institutions within and outside Nepal.

(h) To maintain coordination amongst universities;

(i) To submit annual report of acts and activities of the commission to Government of Nepal; and

(j) To carryout other functions as prescribed for fulfilling objectives of the commission.

(2) The commission may, if it deems necessary, seek advices from any native or foreign expert or consultant.

7. Particulars may be Asked

(1) The commission may, in connection with the functions and duties referred to in Section 6, ask for necessary particulars relating to financial transaction, the present fund, academic programs, curricula or other activities of any university or academic institutions being run there under, and it shall be the duty of the concerned university to make available such particulars.

8. Meetings of Commission:

(1) Meeting of the commission shall be held at least for once in a month.

(2) The Chairperson shall preside over meetings of the commission and in his/her absence; the member designated by the Chairperson shall preside over the meeting of the commission.

(3) If fifty percent of the total members of the commission are present, it shall be deemed to have constituted quorum for meeting of the commission.

(4) The Member-Secretary shall authenticate the decisions of meetings of the commission.

(5) Other procedures relating to the meetings of the commission shall be as determined by the commission.

11. Grants to Universities:

(1) Notwithstanding anything contained in prevailing Nepal law, the grants to be made available to universities after
commencement of this Act shall be made available through the commission.

(2) The commission may recommend the university fulfilling the prescribed conditions for grants before any other organization.

(3) The Commission may provide financial assistance to the private colleges having fulfilled the prescribed conditions.

(4) Other provisions relating to grants to be given to universities shall be as prescribed.

13. Secretariat of Commission :

(1) There shall be a secretariat for functioning and administrative activities of the commission.

(2) The Secretary shall operate daily business of the commission under the supervision of the Chairperson.

(3) Government of Nepal shall appoint the Secretary.

(4) The term of office of the Secretary shall be of four years.

(5) The functions, duties, powers, remuneration and facilities of the Secretary shall be as prescribed

15. Fund of Commission:

(1) There shall be a separate fund of the commission and the following amounts shall be deposited in the fund: –

(a) Amounts received from Government of Nepal,

(b) Amounts received from international organization, association or foreign government or agency,

(c) Amounts received from any other source.

(2) In case the commission has to receive any amount pursuant to Clause (b) of Sub-section (1), it shall be received through Government of Nepal.

(3) Amounts to be collected in the fund of the commission shall be deposited at any bank in Nepal and the operation of the account shall be as prescribed.

(4) Entire expenses to be made by the commission shall be borne from the fund referred to in Sub-section (1)

16. Accounts and Auditing:

(1) Accounts of income and expenditure of the commission shall be maintained as per the prevailing laws.

(2) Auditing of the commission shall be carried out by the office of the Auditor General.

(3) Government of Nepal may, if it deems appropriate, inspect or cause to inspect the books and accounts of income and expenditure of the commission at any time whatsoever.

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