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

Chapter-9 Miscellaneous

Section 53: Facilities not to be provided in duplication
1) When providing services, facilities or concessions to any industry under this Act or the prevailing law, the Government of Nepal or Provincial Government shall not provide any service, facility or concession in duplication.
2) The Government of Nepal shall give information on the services, facilities or concessions provided to any industry under this Act to the concerned Ministry or body of the Province in which the industry is located, and the Provincial Government shall provide information on the services, facilities or concessions provided by it to any industry under the Provincial law to the Department.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 54: Provisions relating to corporate social responsibility
1) A medium or large industry or cottage or small industry with an annual turnover of more than one hundred fifty million rupees shall set aside at least one percent of its annual net profits in each fiscal year for the purpose of performing corporate social responsibility.
2) The amount set aside under sub-section (1) shall be spent in such areas as prescribed upon making annual plans and programmes.
3) An industry shall submit details on the programmes completed in each fiscal year under sub-section (2) and amounts spent in such programmes to the concerned industry registration body
within six months after the end of the fiscal year.
4) The amount set aside for corporate social responsibility under sub-section (1) may be deducted as expenses for the purpose of income tax.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 55: Power to declare industrial village, industrial cluster, industrial zone,  special economic zone or industrial corridor
1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, and upon setting criteria, declare any part or place of the country with ample potentialities and opportunities for industrial development as an industrial village, industrial cluster, industrial zone, special economic zone or industrial corridor.
2) The services, facilities and concessions to which other industries are entitled under this Act and the prevailing laws shall be provided to the industrial village, industrial cluster, industrial zone,
special economic zone or industrial corridor declared under sub-section (1).
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 56: Prohibition on making building or settlement
1) No residential or other building of any type or settlement may be made within such area of, and distance from, an industrial village, industrial zone and special economic zone to be established after the commencement of this Act as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.
2) In prevention of making a residential building or other building or settlement in a private land of any person situated within the area and distance specified under sub-section (1) results in a loss or damage, the Government of Nepal shall provide reasonable compensation to the concerned person within such time-limit and by the fulfilling such procedures as prescribed.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 57: Electronic means may be used
The industry registration body may make necessary provisions for performing such functions relating to the administration of industries as prescribed under this Act through electronic means, in accordance with the prevailing law relating to electronic transactions, to make such functions simple and easy.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 58: Provision relating to automatic approval process may be made
1) The Government of Nepal may execute services ranging from the registration to dissolution of automatic approval procedures, including the type of industries, nature of industries, and threshold of investments, in accordance with this Act and other prevailing laws through the automatic route to make the procedures relating to the administration of industries simple, easy, and predictable.
2) Other provisions relating to the procedures for automatic approval under subsection (1) shall be as prescribed.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 59: Power of attorney may be given
1) An industry or person who has ownership of the industry may give a power of attorney to another person to perform any or all of the acts or actions required to be performed by that person.
2) In order to perform an act in accordance with a power of attorney given under sub-section (1), such power of attorney shall be notarised and provided to the industry registration body. The industry registration body may, if it is considered necessary, inspect the original of such a power of attorney.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 60: Special provisions relating to extension of time-limit or re-registration
1) An industry which was registered under the prevailing law at the time of commencement of this Act and could not commence its operation, commercial production or transaction because of the expiration of the time limit for the commencement of the operation, commercial production or transaction of the industry or industry which has expired the time-limit upon being unable to commence its operation, commercial production or transaction even within the previously extended time-limit may, for one time, make an application to the industry registration body for the extension of the time-limit within three months after the commencement of this Act.
2) If, upon examining the application received under sub-section (1), the industry registration body sees a reasonable reason for extending the  time limit, it may extend the time limit by collecting the following delay fee and fulfilling the procedures under this Act:
(a) at the rate of five thousand rupees per year in the case of micro-industries;
(b) at the rate of fifteen thousand rupees per year in the case of a cottage and small industry;
(c) at the rate of fifty thousand rupees per year in the case of a medium industry;
(d) at the rate of one hundred thousand rupees per year in the case of a large industry.
3) Notice of a decision on the extension of the time limit of any industry under sub-section (2) shall be given to the concerned applicant within seven working days after the decision.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 61: Power of Local Level to perform functions relating to administration of industries
The Local Level may perform functions relating to the registration, administration and regulation of micro-enterprises and cottage and small industries with the fixed capital not exceeding the amount specified in the Provincial law, as provided in the Federal and Provincial laws.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 62: Application may be made
If any decision or function required to be made or performed is not made or performed within the specified period under this Act, except for matters falling under the jurisdiction of the Board, Province, and Local Level, the aggrieved party may make an application to the Ministry.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 63: Delegation of powers
1) The Board may, as required, delegate some of the powers conferred on it under this Act or the rules framed hereunder to the Secretary of the Ministry, Director General of the Department or a gazette officer employee of the Government of Nepal or the Provincial Government or Local Level.
2) The Department may, as required, delegate some of the powers conferred on it under this Act or the rules framed under this Act to any gazetted officer employee of the Government of Nepal.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 64: Power to remove difficulties
If there arises any difficulty or obstacle in the implementation of this Act, the government of Nepal may remove such a difficulty or obstacle by publishing a notice in the Nepal Gazette.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 65: Power to make alteration in the Schedule
The Government of Nepal may, by notification in the Nepal gazette, make the necessary alterations, additions, deletions or revisions in the Schedule.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 66: This Act to prevail
The matters contained herein shall be governed by this Act and the other matters by the other matters by the prevailing law.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 67: Power to make rules
The Government of Nepal may frame necessary rules for the implementation of this Act.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 68: Power to make and enforce Directives, Procedures or Standards
1) The Government of Nepal may, subject to this Act and the rules framed thereunder, make and enforce necessary Directives, Procedures or Standards on the following matters to make the functions relating to the administration of industries easy and simple:
(a) registration and regulation of industries,
(b) promotion of domestic products,
(c) incentives, exemptions, facilities or concessions to be provided to industries,
(d) sick industries,
(e) industrial zones, industrial corridors, industrial clusters and industrial villages,
(f) operation and management of the fund,
(g) application of electronic means to the delivery of services,
(h) automated process for investment approval,
(i) modus operandi of the Nepal business forum,
(j) operation of the one-stop service centre,
(k) corporate social responsibility.
2) Notwithstanding anything contained in sub-section (1), the Ministry may make and enforce necessary standard operating procedures on,
inter alia
, the process for electronic delivery of services.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Section 69: Repeal and Saving
1) The Industrial Enterprises Act 2073 is hereby repealed.
2) All acts and actions performed under the Industrial Enterprises Act of 2073 shall be deemed to be performed under this Act.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-1
(Relating to Section 8)
Industries Requiring Permission
Industries producing arms, ammunition, gunpowder or explosives,
Security printing, banknotes and coin industries,
Industries producing cigarettes, bidi, cigar, chewing tobacco and other goods utilising tobacco as the basic raw materials and electronic cigarettes,
Microbrewery, beer, alcohol, or alcoholic substances producing industries,
Stone, ballast, sand excavation, processing industries,
Industries producing radio communication equipment,
Industries like excavation of precious minerals and petroleum products,
Liquefied petroleum gas (L.P.G) refiling industries,
All kinds of industries producing drone products or providing services through drones,
Other industries requiring permission under the prevalent laws.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-2
(Relating to clause (b) of subsection (1) of Section 17)
Cottage Industries
Handloom, pedal-loom, semi-automatic loom, wrapping, dyeing and printing, tailoring (other than readymade garments) and knitting with traditional technology,
Hand-knitted woollen and silk mats and blankets (
Radi, Pakhi
), carpets, pashmina, garments, hand-made paper and goods made thereof,
Goods based on traditional skill,
Traditional sculpturing,
Hand-made utensils made from metals such as copper,
Pittal, Dhalout
, brass and German silver, and handicrafts,
Hand-made utensils and traditional tools of domestic use made from iron, such as knifes,
Chulesi, Khukuri,
sickle,
Kuto, Kodalo,
Hand-made gold or silver ornaments, goods, utensils (precious, semi-precious, and inclusive of those with ordinary stones),
Industries cutting precious, semi-precious and ordinary stones available domestically cutting, rural tanning/hand-made leather goods,
Industries based on natural fibres such as
zute
, sabia grass,
Choya, Babiyo
, cotton thread, allo,
Stone arts (stone carved goods),
Paubha, thanka art and other traditional ……chitrakala,
Masks and putali and dolls reflecting traditional culture,
Different kinds of handicraft goods reflecting traditional culture, musical instruments and art,
Wood, bone and horn, clay, rock, and mineral artistic goods, ceramics and clay pots,
Hand-printed brick industries.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-3
(Relating to clause (a) of subsection (2) of Section 17)
Energy-Based Industries
Industries generating energy from water resources, wind, solar power, coal, natural oil and fuel or gas, biomass or other sources, industries manufacturing machines/equipment to be used for the generation of such energy,
Electricity transmission lines,
Electricity distribution system,
Energy based on bio-gas,
Electric energy to be produced as a co-production of the sugar industry,
Energy potentiality study.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-4
(Relating to clause (c) of subsection (2) of Section 17)
Industries Based on Agriculture and Forest Products
Fruits farming or fruits processing,
Production, processing and storage of food products,
Animal husbandry, bird farming (including ostrich), animal breeding, challa kadne business, and production and processing of meat,
Industries producing milk and processing of dairy products,
Fishery, production, processing and packaging of fry,
Industries producing animal feed from agro-products as the primary raw materials,
Silk farming and processing,
Tea garden, tea processing,
Coffee farming and coffee processing,
Herbs farming, herbs processing,
Production of vegetable seeds,
Vegetable farming, vegetable processing,
Establishment and operation of green-houses,
Beekeeping (bee breeding, honey production and processing,
Floriculture, flower processing (making of garland, decoration, making bouquet, including production of seeds),
Nursery business, establishment, protection and management of botanical gardens, inclusive of tissue culture,
Rubber farming, preliminary processing and operation of rubber,
Operation and management of cold stores, agriculture markets,
Establishment and management of a community, leasehold, partnership, private forest and agriculture forest, and other non-timber forest products,
Commercial farming and processing of cash crops (such as sugarcane, cotton (kapas), sanpat, sajiwan, sweet sargam, stevia…., tobacco, zute, alaichi, keshar, oil seed. Mashala cultivation, dalahan, etc. and pdoduction of their seeds),
Bet, bamboo farming, bet, bamboo and other natural fibre products,
Processing of seeds,
Wood industries including shaw mills and furniture,
Wood industries such as parqueting, seasoning, treatment plant, plywood, composite, board,
Industries based on other non-timber forest products, including paper and resin,
Industries producing mushroom, tissue culture (producing plants through new technology), agroforest,
Cotton farming, production and processing of cotton and cotton seeds.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-5
(Relating to clause (e) of subsection 2 of Section 17)
Infrastructure Industries
Road, bridge, tunnel,
Ropeway, railway, tram, trolley bus, monorail and sliding car,
Runway/airport,
Industrial structure and infrastructure complex,
Assembly conference centre,
Water supply and distribution,
Irrigation infrastructure,
Sports complex, stadium,
Motor vehicle parking, parking house,
Export processing zone,
Special economic zone,
Cargo complex,
Polluted water purification industries (wastewater treatment plant),
Telephone tower, optical fibre network, satellite, satellite broadcasting centre,
Housing and residential building,
Building film city, building film studio,
Business complex,
Private warehouse,
Construction, management and operation infrastructure for installation of pipelines for fuel and gas supply,
Construction, management and operation infrastructure for energy house and energy transmission line.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-6
(Relating to clause (f) of subsection (2) of Section 17)
Tourism Industries
Tourist housing, motel, hotel, resort, bar and restaurant,
Travel agency, tour operator, healing centre, casino, massage, spa,
Adventurous tourism, trekking, skiing, paragliding, water rafting, hot air ballooning, cannoning, parasailing, horse riding, elephant riding, bungee jumping, expedition, zip flyer, ultra-light, sky walking, sky diving, and similar to other adventurous games,
Cable car construction and operation industries,
Golf course, polo, pony trekking, trekking, cycling,
Rural tourism, homestay and ecological tourism, agricultural tourism,
Cultural, religious, assembly, conference and sports tourism,
Fun park, water park,
Wildlife reserve,
Museum.

Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-7
(Relating to clause (g) of subsection (2) of Section 17)
Industries Based on Information Technology, Communication Technology and Information Dissemination Technology
Part (A)
Informational Technology Industries:
Technology park,
IT park,
Biotech park,
Software development,
Computer and related services,
Data processing,
Cyber Cafe,
Digital mapping,
Business process outsourcing (B.P.O), knowledge process outsourcing (K.P.O),
Data centre, data mining, cloud computing,
Digital signature certifying agency,
Web portal, web designing service, web hosting, online classified advertising service.
Part (B)
Informational Technology-Based Industries:
Internet service provider (ISP),
Telephone, mobile phone, mobile satellite phone operator service,
Teleport service,
Establishment and operation of satellites, establishment of satellite broadcasting centre, VSAT service,
Broadband infrastructure, telecom tower, optical network, satellite network,
Social networking, online messages, video calls, and conferences.
Part (C)
Dissemination Technology-Based Industries:
FM radio, digital radio service,
Digital land surface television, satellite television, cable television,
IP television, online service,
Digital cable television, network, direct-to-home (DTH) satellite service, MMDS network, digital television (DTTV) network,
Recording studio, broadcasting studio,
Print media industries, audio-visual material production industries, advertisement production industries,
Production of motion pictures or documentaries.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-9
(Relating to Section 19)
Industries of National Priority
Cottage industries,
Energy-based industries,
Agriculture and forest product-based industries,
Infrastructure industries,
Export industries,
Adventurous tourism with infrastructures, rural tourism; ecological tourism, golf course, polo, pony trekking, trekking tourism, rafting, assembly, conference tourism, sports tourism, religious tourism, cultural tourism, fun park construction and operation, wildlife reserve,
Mine and mineral industries, petroleum and natural gas and fuel exploration and production,
Industries producing clinkers and cement using domestic limestones, pulps and paper, sugar, chemical fertiliser (except mixture), organic fertiliser, related to shoes, sandals, thread manufacturing, livestock farming, aquaculture, poultry farming, bee keeping, floriculture, preliminary processing of rubber based on local raw materials and manufacturing of rubber products, milk powder, drugs manufacturing, recycling of solid wastes and scraps, industries manufacturing fuel saving equipment, industries manufacturing instruments and equipment to be used by persons with disabilities, industries manufacturing agricultural machines, equipment and industrial machinery, industries manufacturing electrical motor vehicles, industries manufacturing medicines battling snakebite, industries manufacturing artificial eye lens,
Hospitals, nursing homes, veterinary hospitals and clinics, health check-up services, health laboratories, bioresearch centres and educational and training institutes established outside the Kathmandu valley, areas of Municipal Corporation, and region of Sub-Municipal Corporations in the Terai area,
Information technology industries,
Industries established inside the industrial area, special economic zone and industrial village established and operated by the private sector,
Industries manufacturing such high price weight/volume goods as specified by the Government of Nepal by publishing a notice in the Nepal Gazette after making required standards and identifying such goods,
Industries producing the goods or services determined by the Nepal Trade Integration Strategy approved by the Government of Nepal,
Production of motion pictures.
Industrial Enterprises Act 2076

Chapter-9 Miscellaneous

Schedule-10
Classification of Districts on the Basis of Industrial Development
(Relating to clause (c) of subsection (2) of section 24)
(a)
Least Developed Area
1. Darchula
2. Baitadi
3. Bajhang
4. Bajura
5. Achham
6. Doti
7. Mugu
8. Dolpa
9. Humla
10. Jumla
11. Kalikot
12. Jajarkot
13. Rolpa
14. East Rukum
15. West Rukum
16. Mustang
17. Manag
18. Solukhumbu
19. Khotang
20. Okhaldhunga
21. Taplejung
22. Bhojpur
23. Panchthar
(b)
Undeveloped Area
:
1. Dadeldhura
2. Pyuthan
3. Myagdi
4. Dailekh
5. Parbat
6. Lamjung
7. Salyan
8. Gulmi
9. Baglung
10. Gorkha
11. Dolakha
12. Ramechhap
13. Sindhuli
14. Sindhupalchok
15. Rasuwa
16. Dhankuta
17. Samkhuwasabha
18. Tehrathum
(c)
Under developed Area
:
1. Kanchanpur
2. Kailali
3. Bardiya
4. Daang
5. Surkhet
6. Palpa
7. Arghakhanchi
8. Syangja
9. Kapilbastu
10. Tahanun
11. Nuwakot
12. Dhading
13. Kavrepalanchok
14. Rautahat
15. Sarlahi
16. Mahottari
17. Siraha
18. Saptari
19. Udayapur
20. Ilam