chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Electronic Commerce (E-Commerce) Act 2081

Chapter 2 Operation of Electronic Commerce

Section 13: Prohibition of Sale and Distribution
Unauthorised Translation
1) Notwithstanding anything contained elsewhere in this Act, if a separate license is required under the prevailing law for the purchase and sale of any particular type of goods or services or if any condition or procedure is required to be fulfilled, such goods or services shall not be sold or transacted without such license being obtained or without such condition or procedure being fulfilled.
2) If goods or services are sold without obtaining a license pursuant to sub-section (1) or without fulfilling the condition or procedure, action shall be taken in accordance with the prevailing federal law.

Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 14: Obligations of the Intermediary Practitioner
Unauthorised Translation
In addition to the obligations specified elsewhere in the prevailing law and this Act, the obligations of an e-commerce entrepreneur shall be as follows:
(a) To mention the details referred to in Section 6 on its platform in a clear and accessible manner for the buyer,
(b) To mention the information and information required to be kept in accordance with the prevailing law on its platform,
(c) Not reviewing or evaluating the quality and characteristics of the goods or services placed on the platform for sale by presenting itself or any other person as a pseudo-consumer and entering feedback on such goods or services,
(d) While advertising the goods or services placed for sale, not to present the actual characteristics of such goods or services, their method of use and other details in a manner that misleads the buyer or consumer,
(e) To preserve the records of the transactions of the goods or services purchased and sold for the period prescribed in the prevailing law on tax, based on the nature of the transaction,
(f) Except in cases of force majeure, to transfer the goods or services sold or provide the services no later than the predetermined time,
(g) To provide a warranty or, if there is a guarantee, to comply with the terms of such warranty or guarantee for the specified period,
(h) If the goods or services sold are not as displayed or as mutually agreed upon or are delivered later than the predetermined time or if such goods or services are defective, to withdraw, cancel or discontinue such goods or services sold or approved for sale and to refund the payment made for such goods or services to the concerned buyer, and
(i) If any commitment has been made in writing regarding the authenticity of any goods or services sold, to bear any liability if any question arises in that regard.
Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 15: Responsibilities of Traders Carrying Out E-Commerce Based on the List
Unauthorised Translation
In addition to the obligations specified elsewhere in the prevailing law and this Act, the obligations of an e-commerce entrepreneur shall be as follows:
(a) To mention the details referred to in Section 6 on its platform in a clear and accessible manner for the buyer,
(b) To mention the information and information required to be kept in accordance with the prevailing law on its platform,
(c) Not reviewing or evaluating the quality and characteristics of the goods or services placed on the platform for sale by presenting itself or any other person as a pseudo-consumer and entering feedback on such goods or services,
(d) While advertising the goods or services placed for sale, not to present the actual characteristics of such goods or services, their method of use and other details in a manner that misleads the buyer or consumer,
(e) To preserve the records of the transactions of the goods or services purchased and sold for the period prescribed in the prevailing law on tax, based on the nature of the transaction,
(f) Except in cases of force majeure, to transfer the goods or services sold or provide the services no later than the predetermined time,
(g) To provide a warranty or, if there is a guarantee, to comply with the terms of such warranty or guarantee for the specified period,
(h) If the goods or services sold are not as displayed or as mutually agreed upon or are delivered later than the predetermined time or if such goods or services are defective, to withdraw, cancel or discontinue such goods or services sold or approved for sale and to refund the payment made for such goods or services to the concerned buyer, and
(i) If any commitment has been made in writing regarding the authenticity of any goods or services sold, to bear any liability if any question arises in that regard
Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 16: Seller’s Liability
Unauthorised Translation
In addition to the obligations specified elsewhere in the prevailing law and this Act, the seller shall have the following obligations:
(a) Before providing such goods or services on the platform of an intermediary entrepreneur for the sale of goods or services through an electronic platform, a written or electronic contract shall be entered into with such an entrepreneur,
(b) Proof of business registration, documents, his/her name, surname, address, mechanism for collecting and addressing consumer complaints, details related to exchange, return, or refund of goods or services, permanent account number or details registered in Value Added Tax shall be provided to the intermediary entrepreneur in writing or electronically,
(c) Details as per Section 6 shall be provided to the intermediary entrepreneur in relation to each good or service sold through an electronic platform,
(d) Except in cases of force majeure, the goods or services sold shall be transferred or the services provided not later than the predetermined time,
(e) Not engage in any kind of unfair business transaction while providing such goods or services to an intermediary entrepreneur for the sale of goods or services through an electronic platform or in any other case,
(f) The seller shall not present himself or any other person as a pseudo-consumer of the goods or services provided for sale to the intermediary entrepreneur, shall not review or evaluate the quality of such goods or services, and shall not enter feedback, and
(g) If the goods or services provided for sale by the seller through the intermediary entrepreneur are not as displayed or as mutually agreed upon or are delivered later than the predetermined time or if such goods or services are defective, such goods or services sold or approved for sale shall be withdrawn, cancelled or discontinued and the payment made for such goods or services shall be refunded to the concerned buyer.

Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 17: Buyer’s Obligations
Unauthorised Translation
1) When purchasing goods or services electronically in accordance with this Act, the buyer shall bear the obligations as per the contract between the buyer and the businessperson.
2) When conducting electronic business in accordance with this Act, the buyer shall not do or cause any act to be done with the intention of causing harm to anyone.
3) When purchasing goods or services electronically in accordance with this Act, the buyer shall check and verify whether the goods or services purchased electronically in accordance with the contract made at the time of purchase are received or not, and in case of any complaint, the complaint shall be made as soon as possible, including through electronic means.
Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 18: Liability Relating to Transportation
Unauthorised Translation
1) If a contract is made to deliver any goods or services requested by the buyer to the place, time, and person specified by him, notwithstanding anything contained in the prevailing law, the entrepreneur shall be liable to transport or provide the service in accordance with such a contract.
2) The entrepreneur may enter into a separate contract with a transporter to transport the goods or transfer the service in accordance with sub-section (1).
3) The liability of the transporter as mentioned in the prevailing law on consumer protection shall be equally applicable to the transporter as mentioned in this Act.
4) If anyone does any act in a manner contrary to sub-section (3), he shall be punished in accordance with the prevailing law on consumer protection.

Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 19: Prohibition of Engaging in Improper Commercial or Business Activities
Unauthorised Translation
1) While conducting electronic commerce pursuant to this Act, a seller, entrepreneur, or other party shall not do or cause to be done any act that is considered to be unfair commercial or business activity under the prevailing law.
2) If any act is done or caused to be done pursuant to sub-section (1), action shall be taken in accordance with the prevailing law.

Electronic Commerce (E-Commerce) Act 2081

Chapter 3 Obligations of Parties Involved in Electronic Commerce

Section 20: No Exemption from Liability
Unauthorised Translation
Notwithstanding anything contained elsewhere in this Act, if a business receives a complaint pursuant to Section 28 or a complaint in accordance with Section 33 regarding any goods or services provided or sold through its electronic platform, it shall not be exempted from the obligation to address such complaint or complaint solely on the ground that it did not manufacture, import or provide the goods or services sold.
Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 21 Deemed to Have Committed an Offense
Unauthorised Translation
Any person who does or causes or to be done any of the following acts shall be deemed to have committed an offence under this Act:
(a) If he conducts electronic trade without establishing an electronic platform pursuant to Section 4,
(b) If he conducts business without being listed pursuant to Section 5,
(c) If he conducts electronic trade without disclosing details of goods or services pursuant to Section 6,
(d) If he fails to fulfil the obligations pursuant to Clauses (a), (b) and (e) of Section 14; Clauses (a), (b), (e) and (f) of Section 15 and Clauses (a), (b), (c) and (d) of Section 16 or if he does any act that constitutes a breach of the obligations, or
(e) If he fails to fulfil the obligations pursuant to Clauses (c), (d) and (f) of Section 14; Clauses (c), (d), (g), (h) and (i) of Section 15 and Clauses (e), (f) and (g) of Section 16 or if he does any act that constitutes a breach of the obligations

Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 22: Fines to be Imposed
Unauthorised Translation
1) If an offence is committed under clause (a), (b), (c), or (d) of Section 21, the Inspection Officer may impose a fine ranging from twenty thousand rupees to one hundred thousand rupees, depending on the severity of the offence.
2) The party concerned who is not satisfied with the fine imposed by the Inspection Officer under sub-section (1) may file an appeal with the Director General within seven days of the date of receipt of the order of fine.
3) The Director General shall decide on the appeal received under sub-section (2) and the complaint received under Section 28 within thirty-five days, and such a decision shall be final.

Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 23: Punishment
Unauthorised Translation
Whoever commits or causes an offense to be committed as per Clause (e) of Section 21 shall be punished with a fine ranging from fifty thousand rupees to five hundred thousand rupees or imprisonment ranging from six months to three years or both, depending on the gravity of the offense.

Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 24: Investigation and Filing of Cases
Unauthorised Translation
1) The inspection officer shall investigate the offence punishable under Section 23.
2) After completing the investigation pursuant to sub-section (1), the inspection officer shall send the case to the concerned government attorney for a decision on whether or not to prosecute the case. If the government attorney decides to prosecute the case, the inspection officer shall file a case in the relevant consumer court, as per the prevailing law, or, if no such court has been established, in the relevant district court.

Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 25: Government of Nepal to be the plaintiff
Unauthorised Translation
The Government of Nepal shall be the plaintiff in cases of offenses punishable under Section 23.
Electronic Commerce (E-Commerce) Act 2081

Chapter 4 Offences and Punishment

Section 26: Summary Procedure to be Adopted
Unauthorised Translation
In the processing and disposal of cases filed under Section 24, summary procedures in accordance with prevailing federal law shall be adopted.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 27: Monitoring and Inspection of Electronic Commerce
Unauthorised Translation
1) The Department shall carry out the monitoring and inspection of electronic commerce.
2) In addition to sub-section (1), if there is a provision for monitoring and inspection of any goods or services by a separate body or authority under the prevailing law, the monitoring and inspection of such goods or services shall be carried out in accordance with the same.
3) If any defect is found in the electronic platform or the arrangements related to it during the monitoring and inspection pursuant to sub-section (1) or (2), the Department or the monitoring and inspection body or authority may issue necessary instructions, and it shall be the duty of the entrepreneur to comply with such instructions.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 28: Right to File a Complaint
Unauthorised Translation
1) If anyone commits an act contrary to this Act, any person who has information about it may file a complaint with the Director General or the Inspection Officer, along with the information or evidence in their possession. Such a complaint may also be filed through electronic means.
2) If the person filing the complaint pursuant to sub-section (1) wishes to keep his name confidential, the name of such person shall be kept confidential.
3) Notwithstanding anything contained in sub-section (1), if during the course of monitoring, any businessperson or any other person is found to have committed any act contrary to this Act or if any complaint is received in this regard, the monitoring report or complaint shall also be treated as a complaint.
4) If it is deemed necessary to conduct further investigation into the complaint received by the Director General pursuant to sub-section (1) or (3), he shall send such a complaint to the Inspection Officer concerned for taking action under this Act.
5) The Inspection Officer shall investigate the complaint received pursuant to sub-section (1), (3) or (4) within six months and, if there is a matter for imposing a fine, shall impose a fine and if there is a matter for initiating a case, shall take action to initiate a case in accordance with this Act.
6) If it appears that action on the complaint received pursuant to this Section should be taken by any other body, the Director General or Inspection Officer shall send a letter to the concerned body for action as soon as possible.
7) The body concerned shall take action in accordance with the prevailing law on the matter for which action has been taken pursuant to sub-section (6) and inform the Department thereof.
Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 29: Coordination Required
Unauthorised Translation
While monitoring and inspecting the electronic platform or its related arrangements, the department will coordinate with the government of Nepal’s body that regulates information technology-related matters in accordance with prevailing laws and will conduct such work in collaboration with subject matter experts.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 30: Criteria to be Followed
Unauthorised Translation
If the Nepal Government agency regulating information technology has determined and implemented the necessary standards in accordance with prevailing law for the improvement and upgrading of electronic platforms, the concerned businessperson will have to comply with those standards.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 31: Pursuant to the Consumer Protection Act
Unauthorised Translation
Except as otherwise provided in this Act, the quality of goods or services, labels to be affixed to goods, procedures and grounds for returning sold goods, pricing of goods or services, investigation, inspection and monitoring procedures, resolution of consumer disputes, compensation and the basis for determining compensation, and other provisions relating to the rights, interests or protection of consumers shall be as provided in the prevailing laws relating to consumer protection, and the provisions of such laws shall apply mutatis mutandis to goods or services traded electronically under this Act.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 32: Power to Give Directions
Unauthorised Translation
1) The Department may issue necessary instructions to the businessperson to make the operation and management of electronic commerce more effective in accordance with this Act.
2) If there is a provision under the prevailing law for the regulation of any goods or services by a separate body or authority, such body or authority may also issue instructions pursuant to sub-section (1).
3) It shall be the duty of the businessperson concerned to comply with the instructions pursuant to sub-section (1) or (2).
Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 33: Grievance Management
Unauthorised Translation
1) If a buyer or consumer has purchased any goods or services from a business or has started the purchasing process and is not satisfied with it, he or she may file a complaint with the person responsible for hearing complaints or the unit arranged by the business through electronic means or by giving a written notice or by appearing in person.
2) If any complaint is received pursuant to sub-section (1), the business shall register the complaint and immediately inform the buyer or consumer thereof through electronic or other means.
3) If a complaint is received pursuant to sub-section (1), the business shall investigate it and give a decision within fifteen days.
4) If it is necessary to request additional information from the buyer or consumer in connection with the investigation of the complaint pursuant to sub-section (3), the person responsible for hearing the complaint may request such information.
5) If the person responsible for hearing the complaint can address the complaint of the buyer or consumer, then the person responsible for hearing the complaint shall, if it can be addressed, provide written information along with the reason for the same to the buyer or consumer concerned within fifteen days from the date of receipt of the complaint.
6) The business should develop and implement an electronic system-based mechanism (online redressal mechanism) for grievance management pursuant to this section.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 34: Deemed to Have Been Done by the Entrepreneur Himself
Unauthorised Translation
Pursuant to this Act, if an employee, worker, or representative of a business conducts electronic commerce on behalf of the business, such commerce shall be deemed to have been conducted by the business itself.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 35: May Grant Exemptions, Facilities, or Concessions
Unauthorised Translation
The Government of Nepal may, by publishing a notice in the Nepal Gazette, provide necessary exemptions, facilities, or concessions to micro, cottage, and small industries that transact goods or services produced in Nepal in excess of the limit specified by the Ministry, or sell their products through an electronic platform.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 36: No Impediment to Prosecuting Cases in Accordance with Prevailing Law
Unauthorised Translation
If an act deemed to be an offense under this Act is also deemed to be an offense under other prevailing laws, this Act shall not be deemed to prevent the prosecution of a case under such laws.

Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 37: Power to Make a Directory
Unauthorised Translation
The Ministry may formulate guidelines as required for the implementation of this Act.
Electronic Commerce (E-Commerce) Act 2081

Chapter 5 Miscellaneous

Section 38: Measures to Implement the Act
Unauthorised Translation
The Ministry shall measure the implementation of this Act within five years of its commencement and within one year after the completion of every subsequent five-year period and shall submit a report thereon to the relevant committees of both Houses of the Federal Parliament.
विद्युतीय व्यापार (इ-कमर्स) ऐन, २०८१

प्रस्तावना
प्रस्तावनाः सूचना प्रविधिको माध्यमबाट हुने वस्तु वा सेवाको व्यापारिक कारोबारलाई नियमन गरी व्यवस्थित र विश्वसनीय बनाउने सम्बन्धमा कानुनी व्यवस्था गर्न वाञ्छनीय भएकोले,
संघीय संसदले यो ऐन बनाएको छ।

विद्युतीय व्यापार (इ-कमर्स) ऐन, २०८१

परिच्छेद १ प्रारम्भिक

दफा १: संक्षिप्त नाम, प्रारम्भ र विस्तार
१) यस ऐनको नाम “विद्युतीय व्यापार (इ-कमर्स) ऐन, २०८१” रहेको छ।
२) यो ऐन प्रमाणीकरण भएको मितिले एकतिसौं दिनदेखि प्रारम्भ हुनेछ।
३) यो ऐन नेपालभर लागू हुनेछ र विद्युतीय व्यापारको माध्यमबाट नेपालमा वस्तु वा सेवा उपलब्ध गराउने नेपालबाहिर जहाँसुकै रहे बसेको व्यक्तिको हकमा समेत लागू हुनेछ।