chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Electricity Regulatory Commission Act, 2017

19. Power to Impose Fines: (1) The Commission may impose a fine of up to five hundred thousand rupees on a licensee who fails to comply with orders or directives under sub-section (3) of Section 17, a decision under sub-section (2) of Section 18, or any matter under this Act or rules made under this Act, or who disrupts or causes disruption to electricity services without prior notice.

(2) Amounts fined pursuant to sub-section (1) shall be deposited in the Consolidated Fund of the Government of Nepal.

(3) The amount paid as a fine pursuant to sub-section (1) shall not be included as an expense or investment of the licensee for the purpose of tariff determination.

(4) A licensee dissatisfied with a fine imposed by the Commission pursuant to sub-section (1) may appeal to the High Court, Patan within thirty-five days from the date of such fine. 20. Power to Levy Service Charges: The Commission may levy service charges as prescribed from licensees on the following matters:-

(a) When approving the Grid and Distribution Codes,

(b) When determining wholesale electricity purchase and sale rates,

(c) When granting consent to power purchase agreements,

(d) When determining transmission and distribution charges (wheeling charges) and other tariffs or fees,

(e) When granting consent for licensees to merge, undertake sale of plants, acquisition, or takeover among themselves,

(f) When resolving disputes pursuant to Section 18,

Provided that a domestic consumer shall not be required to pay any fee when filing a complaint.

(g) Other matters specified by the Commission. 21. To Conduct Public Hearing: (1) The Commission shall conduct a public hearing as prescribed before determining tariffs pursuant to Section 13.

(2) The Commission may also arrange for public hearings on other matters related to its business as necessary.

(3) The Commission shall maintain records of the public hearing conducted pursuant to sub-section (1) or (2). 22. Provision Relating to Review: (1) If any person or entity deems that a decision of the Commission should be reviewed, they may submit an application to the Commission for review along with necessary documents within fifteen days from the date of knowledge of such decision.
Electricity Regulatory Commission Act, 2017

22. Provision Relating to Review: (1) If any person or entity deems that a decision of the Commission should be reviewed, they may submit an application to the Commission for review along with necessary documents within fifteen days from the date of knowledge of such decision. Provided that this provision shall not apply to decisions made by the Commission to impose a fine under Section 19.

(2) Upon receipt of an application pursuant to sub-section (1), the Commission shall decide within fifteen days to uphold or amend the original decision.

(3) If the Commission decides to amend the original decision pursuant to sub-section (2), it shall order that the original decision not be implemented.

(4) Notwithstanding anything contained elsewhere in this Act, if information is received from any source that a licensee has submitted false documents or concealed any documents, or if additional documents are received, the Commission may make a fresh decision on such matter. Chapter-4

Functions, Duties, Rights, and Facilities of Chairperson and Members

23. Functions, Duties, and Rights of Chairperson: The functions, duties, and rights of the Chairperson shall be as follows:-

(a) To act as the administrative chief of the Commission,

(b) To regulate, monitor, supervise, and evaluate the business of the Commission and give necessary directives to the concerned parties,

(c) To organize the meetings of the Commission,

(d) To perform other functions as prescribed. 24. Functions, Duties, and Rights of Members: (1) A Member shall be a full-time officer of the Commission. Inserted by the Act to Amend Some Nepal Acts, 2082.(1A) If the office of the Chairperson falls vacant, or if the Chairperson is suspended pursuant to the prevailing law, or goes on leave for more than seven days, or is unable to attend the Commission due to being outside Nepal, the senior-most Member of the Commission shall officiate as the Acting Chairperson of the Commission.

(2) A Member shall perform and exercise the functions, duties, and rights as specified by the Commission and the Chairperson. 25. Service, Terms, and Facilities of Chairperson and Members: (1) The Chairperson shall be a full-time chief officer of the Commission.

(2) The remuneration, facilities, and other terms of service for the Chairperson and Members shall be as prescribed.

(3) Until arrangements are made pursuant to sub-section (2), the remuneration and other facilities of the Chairperson shall be as determined by the Government of Nepal.

(4) If the Chairperson or Member has made any decision on a matter related to a licensee while serving in the Commission, such person shall not be involved in any manner with that licensee for a period of one year from the date of retirement from the Commission.
Electricity Regulatory Commission Act, 2017

Explanation: For the purpose of this Section, "involvement" means a situation of working as a director, employee, expert, or consultant of a licensee on a permanent, temporary, contractual, or agreement basis. 26. To Take Oath: Before assuming office, the Chairperson shall take an oath of office and secrecy before the Minister of the Ministry, and a Member shall take an oath before the Chairperson, in the format of the Schedule. Amended by the Act to Amend Some Nepal Acts, 2082. Inserted by the Act to Amend Some Nepal Acts, 2082.Provided that, if the Chairperson is under suspension and no Member is in office, a newly appointed Member shall take the oath before the Minister of the Ministry. 27. To Provide Information: (1) The Chairperson and Members shall provide written information to the Commission within thirty days of their appointment on the following matters:-

(a) Details of the profession, employment, or business in which they were engaged prior to appointment as Chairperson or Member, and the office thereof,

(b) Whether they or any member of their family are or are not shareholders of any licensee, and if they are shareholders, details of the number of shares held, and whether they have any kind of financial interest in such licensee,

(c) Whether they or any member of their family have or have not been a director, office bearer, advisor, employee, or auditor of any licensee within the last three years,

(d) Details of any possible situation that may appear to affect their interest with any licensee at the time of providing information to the Commission under this Section.

(2) The Commission shall send a copy of the information provided under sub-section (1) to the Office of the Prime Minister and Council of Ministers, Government of Nepal, and the Office of the Prime Minister and Council of Ministers shall maintain records thereof. 28.
Electricity Regulatory Commission Act, 2017

28. Prohibition of Abuse of Regulatory Opportunity: (1) No person who is an employee, auditor, advisor, representative of the Commission, or any person working under contract with the Commission, or any member of a firm or company working under contract with the Commission, shall disclose any confidential information obtained in the course of performing official duties on behalf of the Commission, or reveal the source thereof, to any other person except in circumstances where such information is required to be provided by law.

(2) Officials specified in sub-section (1) shall not use or cause to be used any confidential information obtained in the course of performing official duties for the benefit, facility, concession, or advantage of themselves or any member of their family.

(3) No person who is the Chairperson, Member, employee, auditor, advisor, representative of the Commission, or any person working under contract with the Commission, or any member of a firm or company working under contract with the Commission, while performing any official duty on behalf of the Commission, shall allow themselves, their family, or anyone else to take any kind of benefit, facility, concession, or advantage.

(4) If any person commits any act contrary to sub-section (1), (2), or (3), it shall be deemed that such person has not acted in accordance with their official duties, and action shall be taken pursuant to the prevailing law. 29. Restriction on Decision-Making in Case of Conflict of Interest: (1) If any proposal involves a financial interest, personal interest, or business interest of the Chairperson, a Member, or any member of their family, and such proposal is to be discussed in a meeting of the Commission, such Member shall inform the Commission of such potential conflict of interest before the commencement of the meeting.

(2) Such Member shall not participate in the meeting of the Commission where the matter under sub-section (1) is discussed.

(3) If any decision is made contrary to sub-section (1) or (2), such decision shall not be applicable to the person with such interest. 30. To Observe Professional Conduct: (1) The Chairperson, Members, or employees or advisors of the Commission shall observe the prescribed professional conduct while serving in their office or after retirement.

(2) The Chairperson, Members, and employees or advisors of the Commission shall always prioritize the interests of the Commission while performing duties in that capacity. Chapter-5

Staff of the Commission

31.
Electricity Regulatory Commission Act, 2017

Chapter-5

Staff of the Commission

31. Provision Relating to Staff: (1) There shall be employees in the Commission in the number approved by the Government of Nepal for the operation of the Commission's work.

(2) The Commission shall appoint employees as per the provisions in the regulations.

(3) Notwithstanding anything contained in sub-section (2), the Commission may appoint necessary expert staff on a contract basis to perform its functions.

(4) Notwithstanding anything contained elsewhere in this Section, until appointments of staff are made in the Commission, the Ministry may deploy any employee of the Government of Nepal to work in the Commission on deputation for a specified period. 32. Secretary of the Commission: The senior-most employee of the Commission shall serve as the Secretary of the Commission. Inserted by the Act to Amend Some Nepal Acts, 2082.32A. Power to Assign Responsibility to Secretary of the Commission: If the offices of the Chairperson and all Members of the Commission are vacant for a period exceeding three months, the Ministry may assign responsibility to the Secretary of the Commission for a maximum period of six months, allowing them to exercise the functions, duties, and powers of the Commission. Chapter-6

Fund and Audit

33.
Electricity Regulatory Commission Act, 2017

Chapter-6

Fund and Audit

33. Fund: (1) The Commission shall have a separate fund, and the following amounts shall be deposited in such fund:-

(a) Amount received from the Government of Nepal,

(b) Amount received from any person or organization,

(c) Amount received from foreign governments, persons, or international organizations,

(d) Amount received as determined by the Commission, not exceeding one percent of the total annual income from electricity sales of the distribution licensee,

(e) Amount received as determined by the Commission, not exceeding one percent of the total annual income from electricity trade of the licensee engaged in electricity trade,

(f) Amount received as determined by the Commission, not exceeding one percent of the wheeling charges received by the licensee exporting electricity using the national grid,

(g) Service charges received pursuant to Section 20,

(h) Amount received from other sources.

(2) Prior to receiving the amount pursuant to clause (c) of sub-section (1), the Commission shall obtain the approval of the Ministry of Finance.

(3) The Commission shall open an account in a commercial bank of 'A' class licensed by Nepal Rastra Bank and deposit the amounts referred to in sub-section (1) in such account.

(4) All expenses incurred on behalf of the Commission shall be borne from the amounts deposited in the fund pursuant to sub-section (1).

(5) If the amount in the fund is insufficient for the operation of the Commission's work, the Ministry of Finance shall provide the necessary amount for that purpose.

(6) If the amount deposited in the fund exceeds the prescribed limit, the Commission shall deposit such excess amount into the Consolidated Fund of the Government of Nepal.

(7) The operation of the account of the fund pursuant to sub-section (1) shall be as determined by the Commission. 34. Accounts and Audit: (1) The accounts of income and expenditure of the Commission shall be maintained in the format adopted by the Government of Nepal.

(2) The Commission shall maintain an internal control system as prescribed and shall have its income and expenditure audited.

(3) The audit of the Commission shall be conducted by the Auditor General.

(4) The Government of Nepal may, if it so desires, inspect or cause to be inspected the accounts and related books of income and expenditure of the Commission at any time. Chapter-7

Miscellaneous

35. To Provide Assistance: All concerned parties shall provide necessary assistance in conducting the business and implementing the decisions of the Commission. 36.
Electricity Regulatory Commission Act, 2017

Chapter-7

Miscellaneous

35. To Provide Assistance: All concerned parties shall provide necessary assistance in conducting the business and implementing the decisions of the Commission. 36. Power to Form Sub-Committee or Task Force: (1) The Commission may form a sub-committee or task force as required for any work to be done under this Act.

(2) The functions, duties, rights, and procedures of the sub-committee or task force formed pursuant to sub-section (1), and the facilities to be received by the members of such sub-committee or task force, shall be as specified by the Commission. 37. Power to Give Directives: For the implementation of functions under this Act, the Commission shall give directives to licensees as necessary, and it shall be the duty of the concerned licensee to comply with such directives. 38. Annual Report: (1) The Commission shall prepare a report relating to its activities within three months of the expiry of each fiscal year and submit it to the Ministry.

(2) The report pursuant to sub-section (1) shall include, among other things, the programs conducted by the Commission during the year, amounts received, costs incurred in conducting the programs, achievements from the programs, and improvements to be made in the future.

(3) The Commission shall publish the report submitted pursuant to sub-section (1) publicly for the information of the general public.

(4) A licensee shall prepare a report relating to its activities within three months of the expiry of each fiscal year and submit it to the Commission, along with the audit report.

(5) The Commission may study the annual report submitted pursuant to sub-section (4) and give necessary directives to the licensee.

(6) The summary of the annual report submitted pursuant to sub-section (4) shall be made public by the licensee. 39. Delegation of Powers: The Commission may, subject to this Act, delegate to the Chairperson, Member, Secretary, a sub-committee or task force formed pursuant to Section 36, or an officer-level employee of the Commission, as required, powers other than the powers to determine tariffs, grant consent for licensees to merge, undertake sale of plants, acquisition, or takeover, and resolve disputes, among the powers vested in it pursuant to this Act. 40. Contact with Government of Nepal: The Commission shall maintain contact with the Government of Nepal through the Ministry. 41. Power to Make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 42.
Electricity Regulatory Commission Act, 2017

40. Contact with Government of Nepal: The Commission shall maintain contact with the Government of Nepal through the Ministry. 41. Power to Make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 42. Power to Make Regulations: (1) The Commission may, subject to this Act and the rules made under this Act, make regulations and implement them on the following matters:-

(a) Regarding the appointment, functions, duties, rights, qualifications, remuneration, facilities, and terms of service of employees,

(b) Regarding complaints lodged for dispute resolution and the procedures for hearing and disposing of such complaints,

(c) Other necessary matters relating to the internal functioning of the Commission.

(2) Notwithstanding anything contained in clause (a) of sub-section (1), while making regulations regarding the appointment, remuneration, terms of service, and facilities of employees, and matters that impose additional financial liability on the Government of Nepal, the Commission shall obtain the approval of the Ministry of Finance. 43. Power to Make and Implement Directives, Standards, or Codes: The Commission may make and implement directives, standards, or codes on matters within its functions, duties, and jurisdiction, as long as they are not inconsistent with this Act, and the rules and regulations made under this Act. 44. Amendment, Repeal, and Saving: In the Electricity Act, 2049:

(1) In Section 16, the words "as per Section 17" have been replaced by the words "as per the prevailing federal law relating to the Electricity Regulatory Commission."

(2) Sections 17 and 18 are hereby repealed.

(3) Electricity tariffs determined pursuant to Sections 17 and 18 shall be deemed to have been determined under this Act. Schedule
(Relating to Section 26)

Oath

I,
Animal Slaughterhouse and Meat Inspection Act, 1999

Animal Slaughterhouse and Meat Inspection Act, 2055 (1999)

Royal Seal and Date of Publication
2055.12.8 (1999)

Certification and Date of Publication
2066.10.17 (2010)
2072.11.13 (2016)
2075.11.19 (2019)

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010) 2066.10.17
2. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
3. Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018) 2075.11.19

Act No. 26 of the year 2055 (1999)



An Act Made to Provide for Animal Slaughterhouse and Meat Inspection

Preamble: Whereas it is desirable to make provision for the establishment of animal slaughterhouses and meat inspection in order to prevent adulteration in meat and food products made from meat, to maintain the hygiene of meat and to prevent deterioration of the natural quality of meat, thereby preserving the health and welfare of the general public, and for maintaining an appropriate standard;

Therefore, Parliament has enacted this Act in the twenty-seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Animal Slaughterhouse and Meat Inspection Act, 2055 (1999)."

(2) This Act shall come into force in such area and from such date as the Government of Nepal may, by notification in the Nepal Gazette, specify. The date and place of commencement of this Act are mentioned in the Schedule. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Animal" means a goat (male) whether castrated or not, sheep, goat (female), pig, boar, yak, rabbit, or buffalo, goat (female), sheep (female), pig, boar, or rabbit deemed suitable for meat, excluding cow, ox, bull; and the word shall also include male or female chicken, duck, pigeon, or other birds or animals reared for the purpose of meat.

(b) "Meat" means the meat of an animal suitable for human consumption.

(c) "Meat Inspector" means a Meat Inspector appointed or designated under Section 6.

(d) "Meat Supervisor" means a Meat Supervisor designated under Section 7.

(e) "Animal Slaughterhouse" means a house or place built for the slaughter of animals for meat.

(f) "Meat Seller" means a person engaged in the business of selling meat.

(g) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Not to Establish Animal Slaughterhouse or Sell Meat without Licence: No person shall establish an animal slaughterhouse or work as a meat seller without obtaining a licence under this Act. 4.
Animal Slaughterhouse and Meat Inspection Act, 1999

3. Not to Establish Animal Slaughterhouse or Sell Meat without Licence: No person shall establish an animal slaughterhouse or work as a meat seller without obtaining a licence under this Act. 4. Establishment of Animal Slaughterhouse: (1) The Government of Nepal or the Provincial Government may, by notification in the Nepal Gazette, establish an animal slaughterhouse in any area of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)..

(2) Notwithstanding anything contained in subsection (1), the Government of Nepal or the Provincial Government may grant permission as prescribed for the establishment of an animal slaughterhouse even in the non-governmental sector, Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018)..

(3) The conditions to be observed and the standards to be adopted in establishing and operating an animal slaughterhouse under subsection (1) or (2) shall be as prescribed. 5. Licence: (1) A person or entity wishing to establish an animal slaughterhouse or work as a meat seller shall submit an application in the prescribed form to the prescribed authority.

(2) Upon receipt of an application under subsection (1), the prescribed authority shall make necessary inquiries regarding such application and, upon collecting the prescribed fee, issue a licence in the prescribed form to the applicant to establish an animal slaughterhouse or to work as a meat seller.

(3) The conditions to be observed by a meat seller shall be as prescribed. 6. Appointment of Meat Inspector: (1) Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018). The Government of Nepal or the Provincial Government may appoint or designate a person who has obtained at least a postgraduate degree in veterinary science as a Meat Inspector for the inspection of animals and meat.

(2) In addition to the duties, functions, and powers mentioned in this Act, other duties, functions, and powers of the Meat Inspector shall be as prescribed. 7. May Designate Meat Supervisor: (1) Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018). The Provincial Government or the local level may designate an employee who has obtained at least a postgraduate degree in veterinary science as a Meat Supervisor for the management of animal slaughterhouses and the supervision of the work of Meat Inspectors.

(2) Omitted by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018).

(3) Other duties, functions, and powers of the Meat Supervisor shall be as prescribed. 8.
Animal Slaughterhouse and Meat Inspection Act, 1999

8. Animal Must be Inspected Before Slaughter: (1) Before any animal is slaughtered, in an area where an animal slaughterhouse is established, such animal must be inspected at the animal slaughterhouse, and in an area where no animal slaughterhouse is established, at a place designated by the Meat Supervisor. The procedure for animal inspection shall be as prescribed.

(2) If, upon inspection under subsection (1), the animal is found suitable for slaughter, the Meat Inspector shall, after also marking a sign, grant permission to slaughter such animal.

(3) If, upon inspection under subsection (1), the animal is found to be diseased, the Meat Inspector may prohibit the slaughter of such animal. 9. Animal Must be Slaughtered in Animal Slaughterhouse: (1) An animal found suitable for slaughter under Section 8 shall be slaughtered in an animal slaughterhouse. Provided that, an animal shall not be slaughtered on a day prohibited by the prevailing law.

(2) Notwithstanding anything contained in subsection (1), in an area where no animal slaughterhouse is established, such animal shall be slaughtered at the time and place designated by the Meat Supervisor. 10. Meat of Slaughtered Animal Must be Inspected: (1) The meat of an animal slaughtered under Section 9 shall be inspected by the Meat Inspector as prescribed.

(2) If, while inspecting the meat of an animal slaughtered under subsection (1), the Meat Inspector finds any defect or disease in such meat, the Meat Inspector may prohibit the sale or distribution of such meat, either partially or completely.

(3) For the purposes of this Section, the Government of Nepal may designate a laboratory for meat inspection. 11. Not to Sell Meat: (1) Meat of an animal other than those mentioned in clause (a) of Section 2 shall not be sold.

(2) Meat of an animal that has died naturally, whether due to disease or not, shall not be sold.

(3) Meat with its skin shall not be sold. Provided that, nothing in this Section shall be deemed to prevent the sale of meat of birds, pigs, or boars with skin, or meat of such parts as are necessary to identify the species of the animal, or the head or feet of the animal with skin. 12. Stamp or Mark Must be Affixed on Meat: (1) When the Meat Inspector, after inspecting the meat of an animal, permits the sale of such meat, a stamp or mark as prescribed shall be clearly affixed on such meat.

(2) A meat seller shall not sell meat which has not been stamped or marked under subsection (1). 13.
Animal Slaughterhouse and Meat Inspection Act, 1999

13. Not to Sell Adulterated Meat: (1) Meat of one species of animal shall not be sold as meat of another species of animal, nor shall meat of one species of animal be mixed with meat of another species of animal and sold.

(2) Meat shall not be sold with any substance mixed into it in a manner that changes the natural quality or taste of the meat or increases its weight. 14. Fee to be Levied: The fee payable for the inspection of an animal or meat under this Act shall be as prescribed. 15. May Enter: A Meat Inspector or Meat Supervisor may, at any time, enter an animal slaughterhouse or a place where meat is sold and inspect the animal or meat, or take samples of meat. It shall be the duty of all concerned to provide assistance in such work. 16. Not to be an Obstruction: Notwithstanding anything contained elsewhere in this Act, nothing in this Act shall be deemed to obstruct the slaughter of an animal in places other than an animal slaughterhouse and the consumption of meat with skin in connection with events such as traditional festivals, religious worship, any feast, or religious ceremonies. 17. Punishment: (1) A person who violates subsection (1) or (3) of Section 8, Section 9, subsection (2) of Section 10, subsection (3) of Section 11, or subsection (2) of Section 12 shall be liable to a fine of up to five thousand rupees for the first offence, and for each subsequent offence, a fine of up to ten thousand rupees, or imprisonment for up to one month, or both.

(2) A person who violates Section 3, subsection (1) or (2) of Section 11, or Section 13 shall be liable to a fine of up to ten thousand rupees for the first offence, and for each subsequent offence, a fine of up to twenty thousand rupees, or imprisonment for up to three months, or both. 18. Delegation of Powers: Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018). The Government of Nepal or the Provincial Government may delegate some of the powers conferred upon it under this Act to any body as required. 19. Government of Nepal to be Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 20.
Animal Slaughterhouse and Meat Inspection Act, 1999

The Government of Nepal or the Provincial Government may delegate some of the powers conferred upon it under this Act to any body as required. 19. Government of Nepal to be Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 20. Investigation and Filing of Cases: (1) The investigation of an offence under this Act shall be conducted by a Meat Inspector appointed by Amended by the Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 (2018). the Government of Nepal, and upon completion of the investigation, the case shall be filed before the adjudicating officer.

(2) When filing a case before the adjudicating officer under subsection (1), the officer conducting the investigation may consult with the government attorney. Amended by the Some Nepal Acts Amendment Act, 2072 (2015). 21. Adjudicating Officer: Cases relating to offences under this Act shall be heard by the Chief District Officer, and a person aggrieved by the decision of the Chief District Officer may appeal to the District Court. 22. To be According to Prevailing Law: Matters provided for in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 23. Power to Make Rules: The Government of Nepal may make necessary rules to implement the objectives of this Act. 24. Repeal: Numbers 3 and 16 of the Chapter on Quadrupeds of the Country Code (Muluki Ain) are hereby repealed.
Industrial Enterprises Development Institute Act, 1996

Industrial Business Development Institute Act, 2053 (1996)

Royal Seal and Publication Date
2043.7.19

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.07
2. Industrial Business Development Institute Act (First Amendment) Act, 2076 (2019) 2076.12.07

Act Number 3 of the year 2043 (1986)



An Act Made to Provide for the Industrial Business Development Institute

Preamble: Whereas, it is desirable to develop industrial business by strengthening the economy through the development of the industrial sector by fulfilling the need for entrepreneurship, quality management, technology, and technical manpower for the industrial development of the nation,

This Act is enacted by Parliament in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Industrial Business Development Institute Act, 2043 (1986)."

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Institute" means the Institute established pursuant to Section 3.

(b) "Committee" means the Board of Directors constituted pursuant to Section 6.

(c) "Chairperson" means the Chairperson of the Committee.

(d) "Member" means a member of the Committee, and the term also denotes the Chairperson and Member-Secretary of the Committee.

(e) "Executive Director" means the Executive Director appointed pursuant to Section 9.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules or regulations made under this Act. Chapter - 2
Establishment and Management of the Institute

3. Establishment of the Institute: (1) An Institute named "Industrial Business Development Institute" is established for the development of industrial business.

(2) The central office of the Institute shall be located in the Kathmandu Valley, and the Institute may open its centers, sub-centers, branches, and sub-branch offices in any place within Nepal repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. as required. 4. Institute to be an Autonomous Body: (1) The Institute shall be an autonomous and corporate body with perpetual succession.

(2) The Institute shall have its own separate seal for its business.

(3) The Institute may, like a person, acquire, use, sell, or otherwise dispose of movable and immovable property.

(4) The Institute may, like a person, sue and be sued in its own name. 5.
Industrial Enterprises Development Institute Act, 1996

5. Objectives of the Institute: The objectives of the Institute shall be as follows:-

(a) To provide services such as trainer training, quality management, feasibility study, and consultancy services based on the demand of those organizations to assist in the manpower development activities of associations and organizations involved in the development of industries and businesses.

(b) To conduct action-oriented research as necessary to provide quality services for the development of industries and businesses.

(c) To conduct necessary programs for the development of knowledge and skills related to technical, entrepreneurship, and management in the industrial and business sector as a service-oriented organization.

(d) To emphasize the feasibility study, research, and development of industries and businesses based on domestic raw materials or domestic and foreign raw materials.

(e) Repealed by the First Amendment.⇒

Chapter - 3
Constitution, Functions, Duties, and Powers of the Committee

6. Constitution of the Committee: (1) A Board of Directors shall be constituted for the systematic operation of programs necessary for achieving the objectives of the Institute and for the supervision and management of all business of the Institute.

(2) Except as otherwise provided elsewhere in this Act, the Committee shall, subject to this Act or the rules and regulations made under this Act, exercise all powers and perform all duties vested in the Institute.

(3) The Committee shall consist of the following members:-

(a) Amended by the First Amendment.Secretary, Ministry of Industry, Commerce and Supplies — Chairperson

(b) Amended by the First Amendment.Joint Secretary, Ministry of Industry, Commerce and Supplies — Member

(c) Amended by the First Amendment.Joint Secretary, Ministry of Finance — Member

(d) President, Federation of Nepalese Chambers of Commerce and Industry — Member

(e) Amended by the First Amendment.President, Federation of Cottage and Small Industries — Member

(f) Amended by the First Amendment.*Two management experts, including one woman, nominated by the Ministry — Member

(g) One person from among entrepreneurs of the private sector nominated by the Committee — Member

(h) One environmentalist nominated by the Committee — Member

(i) Executive Director — Member-Secretary

(4) The term of office of nominated members shall be two years, and they may be renominated after the expiry of their term.

(5) The Committee may, if it deems necessary, invite any domestic or foreign expert, advisor, or distinguished person related to industrial business to participate as an observer in the meeting of the Committee. 7. Meetings and Decisions of the Committee: (1) The meeting of the Committee shall be held on the date, time, and place specified by the Chairperson.
Industrial Enterprises Development Institute Act, 1996

7. Meetings and Decisions of the Committee: (1) The meeting of the Committee shall be held on the date, time, and place specified by the Chairperson. Provided that the meeting of the Committee shall be held at least four times a year.

(2) If one-third of the members of the Committee make a written request for a meeting of the Committee, the Member-Secretary of the Committee shall, with the approval of the Chairperson, convene the meeting.

(3) The Member-Secretary of the Committee shall provide the members with the notice of the meeting along with the agenda for discussion in the meeting.

(4) The Chairperson shall preside over the meeting, and in the absence of the Chairperson, a member chosen by the members from among themselves shall preside over the meeting.

(5) If fifty percent of the total number of members of the Committee are present, it shall be deemed to constitute a quorum for the meeting.

(6) The majority opinion shall prevail in the meeting of the Committee, and in the case of a tie, the person presiding over the meeting shall have a casting vote.

(7) The decision of the Committee shall be certified by the Member-Secretary of the Committee.

(8) Other procedures relating to the meeting shall be as determined by the Committee itself. 8.
Industrial Enterprises Development Institute Act, 1996

8. Functions, Duties, and Powers of the Committee: The functions, duties, and powers of the Committee shall be as follows:-

(a) Repealed by the First Amendment.⇒

(b) Repealed by the First Amendment.⇒

(c) To conduct activities relating to technical and business information and technology transfer,

(d) To conduct programs such as entrepreneurship, management development, and technical and skill development trainer training,

(e) Repealed by the First Amendment.⇒

(f) To conduct various types of industry-related research, training, studies, seminars, surveys, exhibitions, workshops, symposiums, etc., by the Institute itself or through the participation of other organizations,

(g) To prepare curricula and guidelines necessary for industrial business development, to create and implement result-oriented programs for training and trainees, and to evaluate and monitor the effectiveness of such programs,

(h) To make available cash, kind, or other assistance from the Government of Nepal or a foreign government or a national or international association, organization, agency, or person for the development of industrial business,

Provided that while taking cash, kind, or other assistance from a foreign government or an international association, organization, agency, or person situated abroad, prior approval of the Government of Nepal shall be obtained,

(i) To levy fees in full or in part commensurate with the cost of the program depending on the economic condition of the target group in the programs of the Institute, and

(j) To perform other functions necessary for achieving the objectives of the Institute. Chapter - 4
Provisions Relating to the Executive Director and Employees

9. Appointment of Executive Director: (1) The Committee shall appoint, on a competitive basis, an Executive Director Amended by the First Amendment.who has obtained at least a master's degree in any subject from a recognized university and has expertise in the field of industry and business Added by the First Amendment. to act as the administrative chief of the Institute and to conduct its day-to-day business.

(2) The term of office of the Executive Director shall be four years, and he/she may be reappointed for a maximum of another four years.

(3) The remuneration, terms of service, and facilities of the Executive Director shall be as prescribed. 10.
Industrial Enterprises Development Institute Act, 1996

10. Functions, Duties, and Powers of the Executive Director: (1) The functions, duties, and powers of the Executive Director shall be as follows:–

(a) To implement and cause to implement the decisions and directives of the Committee,

(b) To prepare the long-term and short-term plans, annual programs, and budget of the Institute,

(c) To implement and cause to implement the plans and projects approved by the Committee,

(d) To release the amount of the approved budget,

(e) To perform other necessary functions in the capacity of the administrative chief of the Institute.

(2) Besides those mentioned in sub-section (1), other functions, duties, and powers of the Executive Director shall be as prescribed. 11. Provisions Relating to Employees: (1) The Committee may, as required, appoint advisors, experts, trainers, officers, and assistant employees for the smooth operation of the work of the Institute.

(2) The remuneration, facilities, and other terms of service of advisors, experts, trainers, officers, and assistant employees appointed pursuant to sub-section (1) shall be as prescribed. Chapter - 5
Fund and Audit

12. Fund of the Institute: (1) The Institute shall have its own separate fund.

(2) The fund pursuant to sub-section (1) shall consist of the following amounts:–

(a) Amount received from the Government of Nepal.

(b) Assistance, grants, or loans received from a foreign government or a national or international association or organization.

(c) Amount received as fees for consultancy, training, or other services provided by the Institute.

(d) Donations, gifts, or presents received from domestic or foreign associations, organizations, or persons.

(e) Amount received by the Institute from any other source.

(3) All expenses incurred on behalf of the Institute shall be borne from the amount deposited in the fund pursuant to sub-section (1).

(4) The operation of the fund of the Institute shall be as prescribed. 13. Accounts and Audit: (1) The accounts of the income and expenditure of the Institute shall be maintained as prescribed.

(2) The audit of the Institute shall be carried out by an auditor designated by the Auditor General. Chapter - 6
Miscellaneous

14. May Constitute Sub-Committees: (1) The Committee may constitute necessary sub-committees for the operation of its work.

(2) The functions, duties, powers, and procedures of the sub-committees constituted pursuant to sub-section (1) shall be as prescribed by the Committee. 15. Annual Report: (1) The Executive Director shall submit the annual report of the Institute to the Committee within three months from the date of expiry of each fiscal year, and a copy of such report shall also be made available to the Government of Nepal.

(2) The annual report of the Institute shall be published publicly each year. 16.
Industrial Enterprises Development Institute Act, 1996

16. Delegation of Powers: (1) The Committee may, as necessary, delegate any or all of the powers vested in it to any sub-committee of members or any member of the Committee or the Executive Director.

(2) The Executive Director may, as necessary, delegate all or some of the powers vested in him/her to any employee of the Institute. 17. Meeting Allowance: Members shall receive meeting allowance as prescribed for participating in the meeting of the Committee. 18. Contact with the Government of Nepal: While contacting the Government of Nepal, the Institute shall do so through Amended by the First Amendment.the Government of Nepal, Ministry of Industry, Commerce and Supplies. 19. May Make Rules and Regulations: (1) For the purpose of implementing the objectives of this Act, the Committee may make necessary rules, and such rules shall come into force after approval by the Government of Nepal.

(2) The Institute may, for the operation of its work, subject to this Act and the rules made under this Act, make necessary regulations, and such regulations shall come into force after approval by the Committee. 20. Repeal and Saving: (1) The Industrial Business Development Committee (Constitution) Order, 2052 (1995) is hereby repealed, and all movable and immovable properties of the Committee constituted under that Order shall vest in the Institute.

(2) Contracts, leases, and agreements entered into with the Committee constituted under the Constitution Order pursuant to sub-section (1) shall be deemed to have been entered into with the Institute, and all acts and actions performed by that Committee shall be deemed to have been performed by the Institute.
Customs Tariff Act, 2024

Chapter-2
Customs Administration and Customs Area

3. Establishment of Department: (1) There shall be a Customs Department for performing customs-related functions under this Act.

(2) The Director General shall be the head of the Department. The Department shall have the Director General and necessary number of employees as per the posts approved by the Government of Nepal. 4. Functions, Duties, and Powers of the Director General: In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Director General shall be as follows:-

(a) If any person takes possession of goods or arrests a person (including the person) for exporting or importing goods in contravention of this Act or the prevailing law on customs duty elsewhere than the customs area and presents them before the Department, to conduct or cause to conduct investigation and action under this Act on the goods or person so presented, either by him/herself or by designating any officer of the Department,

(b) If any information is received or suspicion arises regarding valuation, classification, duty determination, etc., of any goods that have already been cleared from an Office, before such goods are taken out of the customs area or after they have been taken out, to inform the declarant about the matter and direct any officer of the Department to take control of such goods, re-examine them, or conduct necessary investigation and submit a report,

(c) Based on the report under clause (b), to exercise the powers of a Customs Officer under this Act and take or cause to take necessary action,

(d) To add necessary digits to the sub-headings of goods classification for the purpose of duty, valuation, statistics, or similar other purposes and implement them,

(e) If any obstruction occurs in performing customs valuation or goods clearance or any other function related to customs administration, to issue appropriate orders not inconsistent with this Act or the prevailing law on customs duty,

(f) To monitor, control, and supervise customs administration,

(g) To perform or cause to perform other functions required to be performed by the Department under this Act. 5. Establishment of Office: (1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, establish a Customs Office or a Small Customs Office as required in any customs area.

(2) Notwithstanding anything contained in subsection (1), if functions cannot be performed from any Office due to a disaster, the Director General may establish an Office in any customs area. After the purpose of such an office is fulfilled, the Director General shall dissolve such an office. 6.
Customs Tariff Act, 2024

After the purpose of such an office is fulfilled, the Director General shall dissolve such an office. 6. Power to Designate Customs Area and Route: (1) For the purpose of implementing customs laws and collecting duties under this Act and other prevailing laws, the Ministry may, by publishing a notice in the Nepal Gazette, designate a customs area, route, or place as follows:-

(a) Designate any airport, seaport, integrated check post, inland clearance depot, railway station, or any other area in Nepal as a customs area,

(b) Designate a place within the area under clause (a) for keeping imported or exported goods and designate a route through which such goods must be exported or imported,

(c) Designate a place within the area under clause (a) from where passengers depart abroad and arrive from abroad,

(d) Designate a place where Customs Warehouses may be located for storing goods for export or import, or where licenses may be issued for operating private warehouses,

(e) Designate a route for importing petroleum products through pipelines.

(2) The Ministry shall consult with the concerned airport operator when designating a route or place under clauses (b) and (c) of subsection (1) at an airport located within a customs area.

(3) Notwithstanding anything contained in subsection (1), the Director General may, for the purpose of clearing relief materials during a disaster situation, designate any area in Nepal as a customs area and designate a route so that goods are exported or imported only through such customs area. After the purpose of such customs area or route is fulfilled, the Director General shall abolish such customs area or route.

(4) The Director General may designate that goods of a specific nature may be exported or imported only through a specific Office.

(5) Goods for export or import must be exported or imported only through the route or Office designated under subsection (1) or (4).

(6) Notwithstanding anything contained elsewhere in this Act, the Director General may designate that only specific goods or goods up to a specific value may be exported or imported from a Small Customs Office. 7. Employees in the Office: An Office shall have a Chief Customs Administrator, Chief Customs Officer, Customs Officer, and other employees in necessary numbers as per the posts approved by the Government of Nepal. 8. Office Hours: (1) The head of an Office may, with the approval of the Director General, determine the opening and closing times of the Office.