chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 29: Additional facilities and concessions
In addition to the exemptions, facilities and concessions mentioned in sections 24, 25, 26, 27 and 28, the following additional facilities and concessions may be provided to the following industries:
(a) possessory right of a forest within any specific area may be provided on bond or lease under the prevailing law to a forest product-based industry by specifying necessary terms,
(b) electricity generated by an industry for its own purpose is exempted from any fee or royalty payable on it under the prevailing law,
(c) if an industry intends to sell excess electricity generated by it for its own purpose, it may be sold at the rate set by mutual consent under the prevailing law,
(d) the Government of Nepal may provide additional facilities and concessions by publishing a notice in the Nepal Gazette, s to export-oriented industries and such industries as prescribed established in a special economic zone or governmental or private industrial zone,
(e) the Government of Nepal may, on the recommendation of the Board and by a notification in the Nepal Gazette, provide additional facilities and concessions to those industries of national priority or use the maximum amount of domestic raw materials, labour and skills or inventing technology or goods within Nepal,
(f) the Government of Nepal may grant an exemption on demand charge being levied on electricity tariff payable by industry in proportion to the time of non-supply of electricity, in such grounds and by following such procedures as prescribed,
(g) the Government of Nepal may provide such grant and prescribed by notification in the Nepal Gazette as seed money to a cooperative, micro-enterprise, cottage or small industry in the least developed area,
(h) permission may be granted to an industry in operation with foreign investment to import goods produced by its principal company abroad for a certain period on such terms and within such ceiling as prescribed for the development and promotion of market for new goods,
(i) the Government of Nepal may provide such incentives, exemptions, facilities or concessions, as prescribed, to the manufacturing industries, agriculture and forest product-based industries and minerals industries under sub-section (2) of section 17, other than tobacco and liquor industries,
(j) exemption may be granted on customs duty for the imports by micro, cottage and small industries of novel technology such as machinery and equipment,
(k) the Government of Nepal may make special provisions in relation to incentives, exemptions, facilities or concessions for industries established in an industrial zone, product specific zone and industrial village,
(l) the Government of Nepal may provide additional incentives, exemptions, facilities or concessions to industries established in the least developed, undeveloped and underdeveloped regions.
Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 30: Provisions relating to land
1) The concerned entrepreneur shall purchase such land on his or her own under the prevailing law as necessary for an industry registered under this Act or the prevailing law.
Provided that if an entrepreneur operating any of the industries as prescribed fails to purchase such land as is necessary for the industry and makes a request setting out the matter that the land be purchased or provided, the industry registration body shall make necessary coordination and facilitation on the purchase or provision of land.
2) The procedures on coordination and facilitation and other provisions relating to the provision of land are as prescribed.

Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 31: Provision of land on lease
1) If an industry of national priority needs land under the Government’s ownership for its operation, the industry may make an application, as prescribed, setting out the area of the land required for it to the industry registration body for the provision of the land.
2) If an application is received under sub-section (1), the industry registration body shall submit the matter to the Ministry to further necessary action on the provision of land required for the
industry.
3) If an application is received under sub-section (2), the Government of Nepal may, under the prevailing law, provide such land on lease to the concerned industry for the purpose of operation of
the industry.
4) The amount to be paid by the industry in consideration for the lease of land under ownership of the Government of Nepal under sub-section (3) and other terms on lease are as set out in the
agreement between the Government of Nepal and the concerned industry.
5) If an industry in operation upon obtaining any land on lease under this Section fails to operate for any reason, the lease agreement of the land provided by the Government of Nepal under
sub-section (3) becomes
ipso facto
void, and such land is considered to be
ipso facto
returned without any terms to the Government of Nepal.
6) Other provisions on the provision of land on lease to industries shall be as prescribed.
Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 32: Exemption on land ceiling
1) If any industry requires such land that exceeds the ceiling of land allowed under the prevailing law, the industry may make an application to the industry registration body to have an exemption from the ceiling with respect to the land exceeding the ceiling.
2) The industry registration body shall examine, as required, the application received under subsection (1) and submit a report along with its opinion to the Ministry.
3) On the application received under subsection (1), the Government of Nepal may, subject to the prescribed criteria, grant exemption so that the industry can hold land exceeding the ceiling, according to the need of, and as mentioned in the approved scheme or project proposal of, the industry. The land so exempted from the provision of the ceiling may not be used for any other purpose than the purpose for which it has been exempted.
4) The industry registration body may monitor, or cause to be monitored, as prescribed, whether the industry has used the land exempted from the ceiling under the prevailing law as per the
approved objective and give necessary direction.
5) If the industry is found not to comply with the direction given by the industry registration body under sub-section (4), the Government of Nepal may withdraw the land exceeding the ceiling
which such industry is allowed to hold, in accordance with the prevailing law, without any condition.
6) An industry permitted to hold land exceeding the ceiling under the prevailing law may not sell, distribute, or otherwise transfer right in or borrow a loan from a bank and financial institution against the security of the land so held exceeding the ceiling.
7) The quantity of maximum land allowed to be held by an industry on the basis of the need, capital and nature of the industry, provisions relating to the provision of land in excess of the ceiling,
criteria, including conditions to be observed by the industry in that respect, shall be as prescribed and subject to the prevailing law on land.
Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 33: Guarantee of incentives, exemptions, facilities or concessions
1) No provision shall be made lessening the incentives, exemptions, facilities or concessions provided to an industry under this Act.
Provided that no provision of this section bars the provision of additional incentives, exemptions, facilities or concessions.
2) An industry that is in operation upon permission or registration under the Industrial Enterprises Act, 2073, prevailing immediately before the commencement of this Act, is entitled to the incentives, exemptions, facilities or concessions in accordance with that Act for which period is specified under that Act and to the incentives, exemptions, facilities or concessions under this
Act in the case of the incentives, exemptions, facilities or concessions for which the period is not specified.
3) An industry which was registered or has obtained permission before the commencement of this Act but commences its commercial production or transaction only after the commencement of
this Act shall be entitled to the incentives, exemptions, facilities or concessions under this Act.
Provided that if the period of incentives, exemptions, facilities or concessions under the prevailing law on industrial enterprises prevailing at the time of registration or permission of such industry exceeds the period of incentives, exemptions, facilities or concessions under this Act or if such incentives, exemptions, facilities or concessions are not available under this Act, the industry shall be entitled to the incentives, exemptions, facilities or concessions under then prevailing law on industrial enterprises.
4) The procedures relating to incentives, exemptions, facilities, or concessions to be provided to industries shall be as prescribed.

Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 34: Nationalisation or expropriation not to be made
1) No industry registered under this Act may be nationalised.
2) No industry may, except for a public purpose, be expropriated directly or indirectly. If it is required to expropriate it for the public purpose, due process under the prevailing law shall be fulfilled.

Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 35: Provision relating to industrial security
The Government of Nepal shall, as required, provide industrial security, as prescribed, to any industry established under the prevailing law.
Industrial Enterprises Act 2076

Chapter-5 Provisions Relating to Incentives, Exemptions, Facilities or Concessions  for Industries

Section 36: Prohibition on misusing incentives, exemptions, facilities or  concessions
1) Any incentives, exemptions, facilities or concessions which an industry obtains under this Act shall be used only for the same purpose for which they are provided.
2) If any industry does any act contrary to this Act or the rules framed hereunder, no incentive, exemption, facility or concession under this Chapter may be provided to that industry.

Industrial Enterprises Act 2076

Chapter-6 Provisions Relating to One stop Service Centre

Section 37: Establishment of One stop Service Centre
1) For the purpose of providing incentives, exemptions, facilities or concessions easily to those industries or investors entitled under this Act and other prevailing laws and performing the functions to be discharged by various bodies of the Government of Nepal through one place in a timely manner and delivering industry administration related services from the permission to establish, registration, expansion and liquidation of, industries, the Government of Nepal may establish and bring into operation a One-stop Service Centre, as prescribed.
2) The place where the One Stop Service Centre is located under sub-section (1), services to be rendered to industries through the Centre, and institutional representation in the Centre shall be as prescribed.
3) The concerned body shall designate a required number of employees for institutional representation in the One Stop Service Centre. When so designating, the competent authority shall also
delegate necessary powers to such employees, subject to the prevailing law.
4) Other provisions relating to the One stop Service Centre shall be as prescribed.
5) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, form a One stop service operation committee until the establishment of the One stop Service Centre under sub-section (1).
Industrial Enterprises Act 2076

Chapter-7 Provisions Relating to Sick Industries

Section 39: Identification of sick industries
1) If an industry which has been in operation for a minimum of five years after the date of commencement of its commercial production or transaction and in a capacity that is thirty percent or less of its installed capacity for the last three consecutive years because of a circumstance beyond control but not because of its intentional default or managerial weakness is being operated in the loss for the three consecutive years, the Government of Nepal may declare such an industry as a sick industry on the basis of such criteria and on the pursuance of such procedures as prescribed.
2) If it appears from the scheme or project proposal submitted by an industry in a state of closure upon being sick under subsection (1) and a study carried out by the Ministry that the industry
may revive its operation if a certain exemption, facility or concession is provided to it. The Government of Nepal may provide such exemption, facility or concession as prescribed for a certain period for the rehabilitation, reconstruction and management of such an industry.
3) If a cooperative makes a proposal, with the consent of the investor, for the operation of any industry declared sick by the Government of Nepal under subsection (1), the industry may be
caused to be operated through such a cooperative subject to the prescribed terms, having regard to,
inter alia
, the capacity of the cooperative, appropriateness and feasibility.

Industrial Enterprises Act 2076

Chapter-7 Provisions Relating to Sick Industries

Section 40: Classification of sick industries
The industries identified under Section 39 may be classified into fully sick, sick and oriented to be sick industries on the basis of such criteria as prescribed, and such necessary provisions as prescribed may be made for the management of such industries.

Industrial Enterprises Act 2076

Chapter-7 Provisions Relating to Sick Industries

Section 41: Facilities, concessions and exemptions related to sick industries
Notwithstanding anything contained in the prevailing laws, the Government of Nepal may grant an exemption in full or in part on duty, fee or tax on any machinery, tools, or equipment to be imported by an industry imported by an industry identified as a sick industry under Section 39 or classified under Section 40 for its expansion, restructuring or diversification.

Industrial Enterprises Act 2076

Chapter-7 Provisions Relating to Sick Industries

Section 42: Institutional provision relating to sick industries
1) The Government of Nepal may form a committee including experts in the concerned field to make suggestions for the identification, classification, rehabilitation, restructuring and management of sick industries under this Chapter.
2) The structure, functions, duties and powers of the committee formed under sub-section (1) shall be as prescribed.
Industrial Enterprises Act 2076

Chapter-8 Provisions Relating to Punishment and Appeal

Section 44: To be recovered as government due
The amount of fine imposed under this Act shall be recovered as a government due under the prevailing law.

Industrial Enterprises Act 2076

Chapter-8 Provisions Relating to Punishment and Appeal

Section 45: Opportunity to be heard
When imposing punishment on an industry under this Chapter, the industry shall be afforded an opportunity to be heard.

Industrial Enterprises Act 2076

Chapter-8 Provisions Relating to Punishment and Appeal

Section 46: Provisions relating to appeal
1) If not satisfied with an order of punishment made under this Chapter, an appeal may be made to the High Court within thirty-five days after the date of notice of the punishment.
2) Appeal may be made to the concerned District Court in the case of a decision made by the Local Level industry registration body and to the concerned High Court in the case of punishment
imposed by the Provincial industry registration body or by the Department.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 47: Provisions relating to Special Economic Zone
Provisions relating to an economic zone, inland economic zone, export promotion zone, export processing zone, special economic zone, special commercial zone, tourism or any other zone for the extensive performance of industrial activities shall be as provided in the prevailing laws.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 48: Provisions relating to Nepal business forum
1) The Government of Nepal may form a Nepal business forum including representation of the private sector with the objective of promoting regular dialogues and collaboration between the public and private sectors on matters of effective implementation of policies and laws related to industry business and coordination and facilitation, identifying difficulties, obstructions and problems that may arise in the operation of industry business and promotion of investments and making required suggestions and recommendations to the Government of Nepal, assisting the implementation and monitoring of such recommendations, and providing an institutional basis for regular, result-oriented and transparent dialogue between the public and private sectors.
2) Provisions relating to the formation, structure, functions, duties and powers of the Nepal Business Forum and other provisions shall be as prescribed.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 49: Industrial human resource
1) Human resources required for an industry shall be fulfilled by Nepali citizens.
2) Notwithstanding anything contained in sub-section (1), if such human resource with any specific skill or competency required for an industry is not available from Nepali citizens in spite of the
publication of an advertisement in a newspaper of national circulation or for a senior-level management post, the industry may, on the recommendation of the Department under sub-section (3), appoint a foreign citizen for a maximum of five years by obtaining a labour permit under the prevailing labour law.
3) When making a recommendation for the purpose of sub-section (2), the industry registration body shall ascertain that the industry has made an effort to fulfil the human resource with the
specific skill or competency as demanded from Nepali citizens, the human resource with such skill or competency is required for the industry, and such human resource is not available in Nepal and is recommended to the Department of Labour for a labour permit.
4) If a foreign citizen appointed under sub-section (2) is a technical person of specialised skill and such human resource cannot be available in Nepal, such human resource may be re-appointed for an additional period not exceeding two years by obtaining a permit under sub-section (3).
5) If a foreign citizen is appointed to any industry under sub-section (2), he or she may repatriate seventy percent of the remuneration received by him or her in foreign currency from Nepal.
6) No labour engaged in an industry may carry out any kind of activity causing an obstruction or hindrance in the operation or production of the industry. The labourers engaged in the industry shall put their demands before the management peacefully in fulfilment of the procedures determined by the prevailing labour law and shall resolve them through mutual understanding.
7) Individual or collective disputes arising between the labourers engaged in an industry and the industry are settled under the prevailing labour law.
8) If an industry is closed because of any kind of activities causing obstruction or hindrance in the operation and production of the industry on the part of its labourers, the concerned industry or enterprise shall not be bound to provide remuneration to the labourers and employees who so close the industry or do not work, for the period during which work is not so done.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 50: Production through contract
1) Any industry which is in operation upon registration under the prevailing law may produce any part of its production or such subsidiary goods or services as required for the industry, except its main production, by making a contract or sub-contract with another industry.
2) If an industry produces goods or services in a certain quantity on the basis of a contract or sub-contract under sub-section (1) by fulfilling such criteria as prescribed for an export industry, such
incentives, exemptions, facilities and concessions as prescribed may also be provided to such an industry.
3) Other provisions relating to production upon a contract or sub-contract shall be as prescribed.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 51: Industry and investment promotion fund
1) The Government of Nepal establishes an industry and investment promotion fund, for the promotion and protection of industrial investment in the country.
2) The following amounts are credited to the fund under subsection (1):
(a) the amount received from the Government of Nepal,
(b) the amount received from any native person or organisation,
(c) returns of investments from or amounts in the micro, cottage and small enterprise development fund, micro, cottage and small industry loan disbursement fund, technology development fund, female entrepreneurship development fund, venture capital fund, sick industry rehabilitation, restructuring and management fund and industrial investment protection and promotion fund existing at the time to commencement of this Act,
(d) amount of bilateral or multilateral grant or assistance received from any foreign government, international organisation,
Provided that prior to obtaining a grant or assistance from a foreign country or international organisation, approval of the Government of Nepal, Ministry of Finance, shall be obtained.
3) The amount of the fund under subsection (1) may be spent in the following acts:
(a) development of micro-industries, cottage and small industries,
(b) development of technology,
(c) industrial promotion,
(d) rehabilitation, re-institutionalization and management of sick industries,
(e) development of women entrepreneurship.
4) When spending the amount of the fund in the acts under subsection (3), investment and expenses shall be made subject to the approved annual programme of the fund.
5) Other provisions relating to the operation and management of the fund shall be as prescribed.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 52: Provincial industrial and investment promotion fund
1) A Province may establish a Provincial industrial and investment promotion fund for the promotion and protection of industrial investment in the Province.
2) The fund to be established under subsection (1) shall be operated and managed under Provincial law.
3) The amount of the fund under subsection (1) may be spent in the acts mentioned in sub-section (3) of section 51.