chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Financial Act, 2024

10
 95.04 Video game consoles and machines, tables for casino games, automatic bowling alley equipment, and other games operated by coins, banknotes, bank cards, tokens or by any other means of payment, including tables for parlour games, pinball machines, billiards. 9504.20.00 -Articles and accessories for billiards of all kinds 10
 9504.30.00 -Other games, operated by coins, banknotes, bank cards, tokens or by any other means of payment, other than automatic bowling alley equipment 10
 9504.40.00 -Playing cards 10
 9504.50.00 -Video game consoles and machines, other than those of subheading 9504.30 10
 9504.90.00 -Other 10
 95.05 Festival, carnival or other entertainment articles, including conjuring tricks and novelty

(11) In clause (9) of the proviso to Sub-section (1) of Section 88, the words "ten percent" have been substituted for the words "five percent".

(12) In Sub-section (2) of Section 88A, the following proviso has been added:-

"Provided that, if the prize amount exceeds five hundred thousand rupees, a windfall gain tax shall be levied on the amount exceeding that."

(13) After Sub-section (2) of Section 94, the following Sub-section (2A) has been added:-

"(2A) Notwithstanding anything contained in this Section, the advance tax amount payable under Section 95A on the income from the transfer of non-business taxable assets shall not be payable in installments."

(14) In Section 95A,-

(a) Sub-section (7) has been substituted by the following Sub-section (7):-

"(7) Advance income tax shall be collected at the customs point on the following goods imported for business purposes pursuant to the prevailing customs duty related law, at the following rates:-

(a) Ten percent on the value determined for customs purposes on live animals falling under Part 1 of the Customs Tariff, meat and edible offal falling under Part 2, live, fresh and all types of fish products falling under Part 3, flowers and other products falling under Part 6, edible vegetables and certain roots and tubers falling under Part 7, and edible fruits and nuts and other products falling under Part 8.

(b) Two point five percent on the value determined for customs purposes on dairy products, eggs, honey and other products falling under Part 4 of the Customs Tariff, all types of cereals except seeds falling under Part 10, other products including flour, meal and powder of Part 11, medicinal plants, sugarcane of Part 12, and vegetable products of Part 14.
Financial Act, 2024

Provided that, only one point five percent advance income tax shall be collected on the import of goods subject to value added tax."

(b) After Sub-section (14), the following Sub-section (15) has been added:-

"(15) If the Department is satisfied that a person required to collect and deposit tax under this Section has not collected, has not deposited, has deposited a short amount, or has not deposited within the time limit, the Department may order the deposit of the amount not deposited or the short-deposited amount along with interest under Section 119 and a fee under Section 120, as applicable, for failure to collect advance tax. Provided that, before issuing such an order, a written notice must be given providing a period of fifteen days to state grounds and present a defense concerning the said order."

(15) After Section 101, the following Section 101A has been added:-

"101A. Tax assessment on property of undisclosed source: (1) If a matter concerning the tax assessment of property of undisclosed source of any person under Section 28 of the Money Laundering Prevention Act, 2064 is referred to the Department, the Department shall, subject to that Section, conduct an investigation into whether or not a tax-related offense has been committed.

(2) If, upon conducting an investigation under Sub-section (1), the Department finds that no tax-related offense has been committed, income tax at the maximum rate applicable to the income of that year shall be collected from that person."

(16) After Sub-section (7) of Section 113, the following Sub-section (8) has been added:-

"(8) Any amount collected under Sub-section (7) of Section 95A in a given income year, upon being adjusted against the annual tax liability payable for that same year, if any excess amount arises, such excess amount shall not be carried forward to the next income year or be refunded."

(17) In Sub-section (1) of Section 117, in clause (c), the words "at the rate of one hundred rupees per month" appearing in various places have been substituted by the words "twelve hundred rupees per statement, and if the period is less than one year, at the rate of one hundred rupees per month".

(18) Section 119A has been substituted by the following Section 119A:-

"119A.
Financial Act, 2024

Fee leviable: (1) A fee of five hundred thousand rupees shall be levied if a taxpayer, who has obtained approval to issue electronic invoices under Sub-section (4) of Section 81 or who has not obtained approval, is found to have used software that can delete or modify data.

(2) A fee of five hundred thousand rupees shall be levied if a person who manufactures, installs, or operates software or equipment for electronic invoices under Sub-section (4) of Section 81 fails to comply with the procedures issued by the Department.

(3) Upon violation of Section 81A, a fee of five thousand rupees or an amount equal to two percent of the total amount, whichever is higher, shall be levied per instance of monitoring.

(4) Unless otherwise provided for in this Act, a person who fails to comply with any provision of this Act or the Rules made under this Act shall be liable to a fee ranging from five thousand rupees to twenty-five thousand rupees."

(19) In various places, the word "निकासी" (export) has been substituted by the word "निर्यात" (export). 37. Amendment to the Customs Act, 2064: In the Customs Act, 2064,-

(1) In Sub-section (18) of Section 34, the words "four years" appearing in various places have been substituted by the words "two years".

(2) In Sub-section (3) of Section 47, the words "of seven days" have been substituted by the words "of fifteen days".

(3) Clause (a) of Section 49 has been substituted by the following clause (a):-

"(a) Parcel, packet, or container used to pack or transport goods, except containers transported by cargo rail,"

(4) In various places of Section 61, the words "Government of Nepal" have been substituted by the words "Government of Nepal, Ministry of Finance". 38. Period of effect: The provisions pursuant to Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of this Act shall remain in effect until the end of Ashadh, 2082, unless otherwise provided for by a federal law. 39. Deemed amendment: The amendments made pursuant to Sections 33, 34, 35, 36 and 37 of this Act shall be deemed to be amendments to the respective Acts. Schedule-1
(Relating to Section 7)
Green Tax

 Heading Sub-heading Description of Goods Green Tax

 27.01 Coal; briquettes, ovoids and similar solid fuels manufactured from coal.-Coal, whether or not pulverized but not agglomerated:
 2701.11.00 --Anthracite Rs. 0/50 per kg
 2701.12.00 --Bituminous coal Rs. 0/50 per kg
 2701.19.00 --Other coal Rs. 0/50 per kg
 2701.20.00 -Briquettes, ovoids and similar solid fuels manufactured from coal Rs.
Financial Act, 2024

15,000/- per unit
 8703.21.19 Other Rs. 15,000/- per unit
 Other:
 8703.21.91 In unassembled condition 10%
 8703.21.99 Other 10%
 --Of a cylinder capacity exceeding 1,000 cc but not exceeding 1,500 cc:
 8703.22.10 In unassembled condition 10%
 8703.22.90 Other 10%
 --Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc:
 Of a cylinder capacity exceeding 1,500 cc but not exceeding 2,000 cc:
 8703.23.11 In unassembled condition 10%
 8703.23.19 Other 10%
 Of a cylinder capacity exceeding 2,000 cc but not exceeding 2,500 cc:
 8703.23.21 In unassembled condition 10%
 8703.23.29 Other 10%
 Of a cylinder capacity exceeding 2,500 cc but not exceeding 3,000 cc:
 8703.23.31 In unassembled condition 10%
 8703.23.39 Other 10%
 --Of a cylinder capacity exceeding 3,000 cc:
 8703.24.10 In unassembled condition 10%
 8703.24.90 Other 10%
 -Other vehicles, with only compression-ignition internal combustion piston engine (diesel or semi-diesel):
 --Of a cylinder capacity not exceeding 1,500 cc:
 8703.31.10 In unassembled condition 10%
 8703.31.90 Other 10%
 --Of a cylinder capacity exceeding 1,500 cc but not exceeding 2,500 cc:
 Of a cylinder capacity exceeding 1,500 cc but not exceeding 2,000 cc:
 8703.32.11 In unassembled condition 10%
 8703.32.19 Other 10%
 Of a cylinder capacity exceeding 2,000 cc but not exceeding 2,500 cc:
 8703.32.21 In unassembled condition 10%
 8703.32.29 Other 10%
 --Of a cylinder capacity exceeding 2,500 cc:
 8703.33.10 In unassembled condition 10%
 8703.33.90 Other 10%
 -Other vehicles, with both spark-ignition internal combustion piston engine and electric motor for propulsion, other than those capable of being charged by plugging to an external source of electric power:
 8703.40.10 In unassembled condition 10%
 8703.40.90 Other 10%
 -Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor for propulsion, other than those capable of being charged by plugging to an external source of electric power:
 8703.50.10 In unassembled condition 10%
 8703.50.90 Other 10%
 -Other vehicles, with both spark-ignition internal combustion piston engine and electric motor for propulsion, capable of being charged by plugging to an external source of electric power:
 8703.60.10 In unassembled condition 10%
 8703.60.90 Other 10%
 -Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor for propulsion, capable of being charged by plugging to an external source of electric power:
 8703.70.10 In unassembled condition 10%
 8703.70.90 Other 10%
 -Other vehicles, with only electric motor for propulsion:
 Three-wheeled vehicles:
 8703.80.11 In unassembled condition Rs. 10,000/- per unit

 8703.80.19 Other Rs.
Financial Act, 2024

15,000/- per unit

 8704.31.50 Vans fitted with refrigerating system 10%
 8704.31.60 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.31.90 Other 10%
 --g.v.w. exceeding 5 tonnes:
 8704.32.10 Double cab pickup vehicles principally designed for the transport of goods and with accommodation for more than 2 persons including the driver 10%
 8704.32.20 Tankers specially designed for the transport of milk 9%
 8704.32.30 Trucks fitted with container 9%
 8704.32.40 Bullet tanker trucks specially designed for the transport of liquefied petroleum gas 9%
 8704.32.50 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.32.60 Cement bulker 9%
 8704.32.70 Vans fitted with refrigerating system 10%
 8704.32.90 Other 10%
 -Other, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor for propulsion:
 --g.v.w. not exceeding 5 tonnes:

 8704.41.10 Double cab pickup vehicles principally designed for the transport of goods and with accommodation for more than 2 persons including the driver 10%

 8704.41.20 Single cab pickup vehicles principally designed for the transport of goods and with accommodation for only 2 persons including the driver 10%
 8704.41.30 Delivery van 10%
 8704.41.40 Three-wheeled vehicles Rs. 15,000/- per unit
 8704.41.50 Vans fitted with refrigerating system 10%
 8704.41.60 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.41.90 Other 10%
 --g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes:
 8704.42.10 Double cab pickup vehicles principally designed for the transport of goods and with accommodation for more than 2 persons including the driver 10%
 8704.42.20 Tankers specially designed for the transport of milk 9%
 8704.42.30 Trucks fitted with container 9%
 8704.42.40 Bullet tanker-trucks specially designed for the transport of liquefied petroleum gas 9%
 8704.42.50 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.42.60 Cement bulker 9%

 Heading Description Rate

 8704.42.70 Vans fitted with refrigerating system 10%
 8704.42.90 Other 10%
 --g.v.w. exceeding 20 tonnes:
 8704.43.10 Vans fitted with refrigerating system 10%
 8704.43.20 Tankers specially designed for the transport of milk 9%
 8704.43.30 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.43.40 Trucks fitted with container 9%
 8704.43.50 Cement bulker 9%
 8704.43.60 Bullet tanker trucks specially designed for the transport of liquefied petroleum gas 9%
 8704.43.90 Other 10%
 -Other, with both spark-ignition internal combustion piston engine and electric motor for propulsion:
 --g.v.w. not exceeding 5 tonnes:
 8704.51.10 Double cab pickup vehicles principally designed for the transport of goods and with accommodation for more than 2 persons including the driver 10%
 8704.51.20 Single cab pickup vehicles principally designed for the transport of goods and with accommodation for only 2 persons including the driver 10%
 8704.51.30 Delivery van 10%
 8704.51.40 Three-wheeled vehicles Rs.
Financial Act, 2024

12,000/- per unit
 8704.51.50 Vans fitted with refrigerating system 10%

 Heading Description Rate

 8704.51.60 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.51.90 Other 10%
 --g.v.w. exceeding 5 tonnes:
 8704.52.10 Double cab pickup vehicles principally designed for the transport of goods and with accommodation for more than 2 persons including the driver 10%
 8704.52.20 Tankers specially designed for the transport of milk 9%
 8704.52.30 Trucks fitted with container 9%
 8704.52.40 Bullet tanker-trucks specially designed for the transport of liquefied petroleum gas 9%
 8704.52.50 Garbage collection and transport vehicles with compactor (compressing device) 9%
 8704.52.60 Cement bulker 9%
 8704.52.70 Vans fitted with refrigerating system 10%
 8704.52.90 Other 10%
 -Other, with only electric motor for propulsion:
 8704.60.10 Vans fitted with refrigerating system 2.5%
 8704.60.20 Other, three-wheeled vehicles Rs. 10,000/- per unit
 8704.60.90 Other, four-wheeled vehicles 2.5%
 8704.90.00 -Other 10%
 87.06 Chassis fitted with engines for the motor vehicles of headings 87.01 to 87.05. Heading Description Rate

 8706.00.20 For minibuses (with 15 to 25 seats) 9%
 8706.00.30 For micro buses (with 11 to 14 seats) 9%
 8706.00.40 For jeep cars and vans 9%
 8706.00.50 For three-wheeled vehicles (auto rickshaw) 9%
 For pickup vehicles: 9%
 8706.00.61 For double cab 9%
 8706.00.62 For single cab 9%
 8706.00.63 For delivery van 9%
 8706.00.70 For dumpers built for off-highway use 9%
 8706.00.80 For bus or truck 9%
 8706.00.90 Other 9%
 87.11 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars. 8711.10.00 -With internal combustion piston engine of a cylinder capacity not exceeding 50 cc Rs. 12,000/- per unit
 -With internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc:
 In unassembled condition:
 8711.20.11 Exceeding 50 cc but not exceeding 125 cc Rs. 12,000/- per unit
 8711.20.12 Exceeding 125 cc but not exceeding 200 cc Rs. 18,000/- per unit
 8711.20.19 Exceeding 200 cc but not exceeding 250 cc Rs. 18,000/- per unit

 Heading Description Rate

 Other:
 8711.20.91 Exceeding 50 cc but not
Public-Private Partnership and Investment Act, 2019

Chapter-2

Provisions Relating to Investment Approval and the Board

3. Investment Approval: Notwithstanding anything contained in the prevailing law, investment approval for projects with an estimated cost of six billion rupees or more shall be granted by the Board. 4. Implementation of Project: (1) The implementation of public-private partnership projects shall be carried out by the following bodies:-

(a) the concerned Local Level, if the project falls within the jurisdiction of the Local Level pursuant to prevailing federal law,

(b) the concerned Provincial Government, if the project falls within the jurisdiction of the Provincial Level pursuant to prevailing federal law,

(c) the concerned Ministry or body, if the project, among those falling under the jurisdiction of the Federation pursuant to prevailing federal law, is a project other than energy projects including hydropower with an estimated cost up to six billion rupees, or an energy project including hydropower with a capacity up to two hundred megawatts,

(d) the Board, if the project is a project other than energy projects including hydropower with an estimated cost exceeding six billion rupees, or an energy project including hydropower with a capacity exceeding two hundred megawatts.

(2) Notwithstanding anything contained in Sub-section (1), a project identified and list approved by any body pursuant to prevailing law may be implemented through mutual understanding or agreement between the concerned body and the Board.

(3) Notwithstanding anything contained in Clauses (a) and (b) of Sub-section (1), provisions relating to making foreign investment in projects falling under the jurisdiction of the Local or Provincial Level shall be as per federal law.

(4) While implementing a project pursuant to Clause (d) of Sub-section (1), the Board shall coordinate with the concerned body. 5. Formation of Board: (1) There shall be an empowered Investment Board to perform functions including promoting investment by mobilizing domestic or foreign resources to construct infrastructure and develop the service sector.

(2) The Board pursuant to Sub-section (1) shall be formed as follows:-

(a) Prime Minister - Chairperson

(b) Minister of Finance - Vice-Chairperson

(c) Minister of Industry, Commerce and Supplies - Member

(d) Minister of Forests and Environment - Member

(e) Minister of Energy, Water Resources and Irrigation - Member

(f) Minister of the Ministry concerned with the project - Member

(g) Vice-Chairperson of the National Planning Commission - Member

(h) Governor of Nepal Rastra Bank - Member

(i) Chief Secretary of the Government of Nepal - Member

(j) Three persons, including at least one woman, nominated by the Board from among experts in the fields of industry, tourism, infrastructure development, commercial law and finance - Member

(k) Chief Executive Officer of the Office - Member-Secretary

6.
Public-Private Partnership and Investment Act, 2019

Appointment, Term of Office and Removal of Members: (1) The members pursuant to Clause (j) of Sub-section (2) of Section 5 shall be nominated by the Chairperson of the Board.

(2) The term of office of the members pursuant to Sub-section (1) shall be four years. They may be reappointed.

(3) Notwithstanding anything contained in Sub-section (2), the Chairperson may remove any nominated member from office at any time. Provided that, before such removal, such person shall not be deprived of an opportunity to submit a defense.

(4) If any member is removed pursuant to Sub-section (3) or resigns from office, another person may be nominated in their place for the remaining term. 7. Provisions Relating to Meetings: (1) A meeting of the Board shall be held on such date, place and time as specified by the Chairperson.

(2) The meeting pursuant to Sub-section (1) shall be held at least six times in a fiscal year, and the interval between two meetings shall not exceed two months.

(3) The meeting of the Board shall be chaired by the Chairperson of the Board, and in their absence, by the Vice-Chairperson of the Board.

(4) The Board may invite the Secretary of the Ministry concerned with the project, any officer of the Government of Nepal or an expert to the meeting of the Board.

(5) In discussions concerning projects included in the agenda of the Board meeting, the Chief Minister of the concerned Province or the head of the Local Level may be invited.

(6) The decisions of the Board shall be recorded and authenticated by the Member-Secretary.

(7) Other procedures relating to the meeting of the Board shall be as determined by the Board itself. 8.
Public-Private Partnership and Investment Act, 2019

9. Monitoring and Facilitation Committee: (1) There shall be a Monitoring and Facilitation Committee as follows to monitor and facilitate the implementation of projects implemented pursuant to this Act:-

(a) Vice-Chairperson of the Board - Coordinator

(b) Secretary, Office of the Prime Minister and Council of Ministers (looking after Economic and Infrastructure Development subjects) - Member

Added by the Act to Amend Some Nepal Acts relating to Investment Facilitation, 2024.(b1) Secretary, Ministry of Finance - Member

(c) Secretary, Ministry of Forests and Environment - Member

(d) Secretary, Ministry of Energy, Water Resources and Irrigation - Member

(e) Secretary, Ministry of Industry, Commerce and Supplies - Member

(f) Secretary, National Planning Commission - Member

(g) Secretary, Ministry concerned with the project - Member

(h) Chief Executive Officer - Member

(i) One person designated by the Chairperson of the Board from among the members pursuant to Clause (j) of Sub-section (2) of Section 5 - Member Amended by the Act to Amend Some Nepal Acts, 2025.

(j) Chief of the Public-Private Partnership Directorate of the Board - Member-Secretary

(2) The functions, duties and powers of the Monitoring and Facilitation Committee pursuant to Sub-section (1) and provisions relating to its meetings shall be as prescribed. 10. Office of the Board: (1) There shall be an Office of the Investment Board to function as the Secretariat of the Board.

(2) The organizational structure and staff positions of the Office shall be as approved by the Government of Nepal upon the recommendation of the Board Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Investment Enhancement, 2024..

(3) Omitted by the Act to Amend Some Nepal Acts relating to Investment Facilitation, 2024

(4) The Office may, with the approval of the Board, obtain the services of advisors or experts. The scope of work, terms, remuneration and facilities of such advisors or experts shall be as determined by the Board. 11.
Public-Private Partnership and Investment Act, 2019

The scope of work, terms, remuneration and facilities of such advisors or experts shall be as determined by the Board. 11. Functions, Duties and Powers of the Office: The functions, duties and powers of the Office shall be as follows:-

(a) to perform functions including identification of projects under the public-private partnership concept, survey, selection of developers for implementation, and monitoring,

(b) to facilitate functions including the construction, operation and management of projects to be implemented under the public-private partnership concept and private investment,

(c) to negotiate with the proponent or investor and enter into agreements based on the terms approved by the Board and the draft agreement involved in the call for proposals,

(d) to facilitate the investor for project implementation in accordance with the agreement,

(e) to resolve problems encountered in project implementation,

(f) to coordinate with public entities, provinces, local levels including the private sector for the implementation of approved projects,

(g) to arrange for the availability of economic or non-economic facilities to be obtained by approved projects,

(h) to submit measures for improvement to the Board if facilities provided for any sector or project are found to be insufficient or investment is found to be discouraged due to any other reason,

(i) to monitor the implementation of projects and recommend to the Board to take necessary action or cancel the permit if the project is not being implemented according to the schedule,

(j) to submit suggestions to the Board if it is deemed necessary to pay special attention to any particular investment sector or sub-sector,

(k) to perform functions relating to the protection of domestic and foreign investment and investment promotion,

(l) to conduct studies and research on public-private partnership and investment,

(m) to perform administrative and other functions falling within the jurisdiction of the Board and assigned by the Board through its decision. 12.
Public-Private Partnership and Investment Act, 2019

13. Functions, Duties and Powers of the Chief Executive Officer: (1) In addition to the functions, duties and powers mentioned in this Act, the other functions, duties and powers of the Chief Executive Officer shall be as follows:-

(a) to prepare the list of proposals to be submitted to the meeting of the Board,

(b) to submit proposals for project approval to the Board and proceed with the necessary process,

(c) to implement or cause to implement the decisions and directives of the Board,

(d) to prepare the annual budget and program of the Board and Office and submit them to the Board for approval,

(e) to monitor, review and evaluate the implementation of projects approved for implementation by the Board,

(f) to perform other functions assigned by the Board. 14. Public-Private Partnership Directorate: (1) There shall be a Public-Private Partnership Directorate in the Office to conduct feasibility studies of projects to be implemented under the public-private partnership concept, select investors, and facilitate public entities in the construction, operation and other matters of projects.

(2) The functions, duties and powers of the Public-Private Partnership Directorate shall be as follows:-

(a) to develop strategies, procedures and directives on policy matters relating to public-private partnership and submit them to the Board,

(b) to provide opinions, suggestions or advice and guidance to investors implementing public-private partnership projects,

(c) to prepare and call for expressions of interest, pre-qualification and request for proposals, and draft project agreements relating to public-private partnership,

(d) to prepare and update a project bank of approved projects to be operated under public-private partnership,

(e) to evaluate feasibility studies and project preparation related details of projects to be implemented under public-private partnership and provide feedback,

(f) to monitor and evaluate the implementation status of projects operated under public-private partnership and provide opinions, feedback and suggestions,

(g) to prepare and implement the process for selecting partners for projects to be implemented under public-private partnership,

(h) to conduct regular research on international public-private partnership best practices and experiences and adopt subjects suitable for the public-private partnership framework in Nepal,

(i) to provide necessary support to investors in the preparation and implementation of projects to be implemented under public-private partnership,

(j) to collect and archive information related to public-private partnership projects,

(k) to perform other functions assigned by the Board or the Office.

(3) The formation, organizational structure and other provisions of the Public-Private Partnership Directorate shall be as prescribed. 15.
Public-Private Partnership and Investment Act, 2019

15. Investment Promotion and Facilitation Directorate: Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Investment Enhancement, 2024. (1) There shall be an Investment Promotion and Facilitation Directorate in the Office Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Investment Enhancement, 2024. to coordinate, cooperate and facilitate the promotion of investment in projects implemented pursuant to this Act and for an investment-friendly environment.

(2) The functions, duties and powers of the Investment Promotion and Facilitation Directorate Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Investment Enhancement, 2024. pursuant to Sub-section (1) shall be as follows:-

(a) to formulate policies relating to projects to be implemented under private investment and investment and submit them to the Board,

(b) to study feasible projects that can be implemented under private investment and prepare a project list,

(c) to conduct necessary studies regarding unsolicited proposals received directly by the Board and write to the concerned body to grant necessary permits and licenses for the same,

(d) to prepare drafts of concession agreements including the Project Investment Agreement and letters of understanding,

(e) to coordinate between public entities and the private sector for project development, investment promotion and project implementation,

(f) to prepare the basis for selecting developers of projects under private investment,

(g) to conduct studies and research on investment, Investment Unit,

(h) to prepare details of comparative advantages in the context of foreign investment,

(i) to prepare details of potential investors and address investment-related inquiries of potential investors,

(j) to perform other functions assigned by the Board or the Office.

(3) The formation, organizational structure and other provisions of the Investment Promotion and Facilitation Directorate Amended by the Act to Amend Some Nepal Acts relating to Improvement of Economic and Business Environment and Investment Enhancement, 2024. shall be as prescribed. 16. Expert Committee or Task Force: (1) The Office may, by specifying the terms of reference and procedure, form an expert committee or task force comprising experts in the relevant field to study and analyze any specific technical aspect of project investment and provide suggestions.

(2) The facilities of members and office bearers pursuant to Sub-section (1) shall be as specified by the Office. Chapter-3
Public-Private Partnership

17.
Public-Private Partnership and Investment Act, 2019

Chapter-3
Public-Private Partnership

17. Project may be implemented: (1) Any infrastructure related project may be implemented through public-private partnership.

(2) While implementing a project through public-private partnership pursuant to Sub-section (1), any of the following methods may be adopted:-

(a) Build and Transfer,

(b) Build, Operate and Transfer,

(c) Build, Own, Operate and Transfer,

(d) Build, Transfer and Operate,

(e) Lease, Operate and Transfer,

(f) Lease, Build, Operate and Transfer,

(g) Develop, Operate and Transfer,

(h) Management, Operate and Transfer,

(i) Rehabilitate, Operate and Transfer,

Explanation: For the purpose of this clause, "Rehabilitate" means the work of rehabilitating existing infrastructure by repairing, expanding or reconstructing it.

(j) Any other similar method.

(3) While implementing a project pursuant to Sub-section (2), a project may be implemented in any one or more of the phases of construction, operation, rehabilitation, maintenance and expansion of any project. 18. Projects not to be implemented: Notwithstanding anything contained elsewhere in this Act, the following projects shall not be implemented through public-private partnership:-

(a) a project operated with the objective of obtaining any work or service from the private sector without transferring financial, technical or operational risks to the private sector,

(b) a project related to national security,

(c) other projects specified by the Board. 19. Determination of Priority: The priority areas for projects to be implemented through public-private partnership shall be as determined by the Board. 20. Project Identification: (1) The concerned body shall identify projects that can be implemented under public-private partnership and prepare a list.

(2) While preparing the list pursuant to Sub-section (1), the concerned body shall determine priorities based on whether a survey or other study of the project has been conducted and other details as prescribed.

(3) While identifying projects and determining the list pursuant to this Section, the Board may be consulted on technical and financial matters. 21. Project to be approved: (1) Regarding the implementation of projects identified and listed pursuant to Section 20, approval must be obtained from the Board or the concerned body according to the jurisdiction.

(2) While obtaining project approval pursuant to Sub-section (1), if it is to be implemented under public-private partnership, the details of which of the methods mentioned in Section 17 can be used for implementation must be specified.

(3) If more than one project of the same nature under a public entity are to be implemented under public-private partnership, while obtaining project approval pursuant to this Section, such projects must be re-prioritized. 22. Publication of Project List: After the project is approved pursuant to Section 21, the concerned body shall publish the list of projects. 23.
Public-Private Partnership and Investment Act, 2019

22. Publication of Project List: After the project is approved pursuant to Section 21, the concerned body shall publish the list of projects. 23. Call for Expression of Interest: (1) For the study-permit, survey or implementation of a project approved pursuant to Section 21, the concerned body shall publish a public notice and call for expressions of interest.

(2) The notice pursuant to Sub-section (1) shall specify the following details:-

(a) the office or body to which the expression of interest is to be submitted,

(b) the period for submitting the expression of interest,

(c) details to be mentioned in the expression of interest,

(d) documents to be attached with the expression of interest,

(e) the technical and financial capacity of the proponent,

(f) other details as prescribed. 24. Submission of Expression of Interest: A person wishing to conduct a study-permit, survey or implementation of a project shall, subject to the prescribed conditions, submit an expression of interest to the concerned body within the period mentioned in the notice pursuant to Section 23. 25. Preparation of Shortlist: After receiving expressions of interest pursuant to Section 24, the concerned body shall evaluate them on the prescribed basis and prepare a shortlist of proponents according to the prescribed procedure. 26. Call for Proposals: (1) After preparing the shortlist pursuant to Section 25, the concerned body shall publish a public notice and call for proposals from the proponents on the shortlist, specifying the subjects as prescribed.

(2) A proponent wishing to submit a proposal pursuant to Sub-section (1) shall, specifying the details as prescribed, submit the proposal to the concerned body within the period mentioned in the notice. 27. Selection of Proposal: (1) After receiving proposals pursuant to Sub-section (2) of Section 26, the concerned body shall form an evaluation committee as prescribed and select a proposal within the prescribed period based on the following:-

(a) the technical proposal including the basis for completing construction within the prescribed time,

(b) if there is a royalty amount to be paid to the concerned body, the proposed royalty amount,

(c) the financial proposal specifying matters including the proposed tariff to be charged from consumers while implementing the project.

(2) After selecting a proposal pursuant to this Section, the concerned body shall inform the proponent within the prescribed period.

(3) Other provisions relating to the selection of proposals pursuant to this Section shall be as prescribed. 28. Unsolicited Proposal: (1) Notwithstanding anything contained elsewhere in this Act, a proponent may themselves submit a proposal to the concerned body for implementing a project through public-private partnership, in the prescribed basis, fee and format.
Public-Private Partnership and Investment Act, 2019

28. Unsolicited Proposal: (1) Notwithstanding anything contained elsewhere in this Act, a proponent may themselves submit a proposal to the concerned body for implementing a project through public-private partnership, in the prescribed basis, fee and format. Explanation: For the purpose of this Section, "Unsolicited Proposal" means a proposal submitted by an investor themselves expressing intent to develop a project in a situation where the concerned body has not issued a public notice.

(2) While submitting a proposal pursuant to Sub-section (1), the following subjects must be mentioned:-

(a) details of the project,

(b) details (profile) including the technical and financial capacity of the proponent,

(c) if a preliminary feasibility study report of the project exists, such report,

(d) proposed business plan,

(e) technology to be used in the project,

(f) details of potential benefits from the project.

(3) Based on the recommendation of the evaluation committee pursuant to Sub-section (1) of Section 27, a license may be granted for the study and survey permit or project development or operation of such project, for proposals received pursuant to Sub-section (1), after completing the prescribed procedure and in the prescribed format.

(4) While evaluating a project proposal received pursuant to Sub-section (1), if it appears beneficial to proceed with the project to be constructed under public-private partnership on a competitive basis, the same proposal may be subjected to competition according to the procedure specified by the concerned body based on the Swiss Challenge. Explanation: For the purpose of this Section, "Swiss Challenge" means the method by which, when the concerned body receives an unsolicited proposal for any service sector or public project such as roads, rails, the received proposal is evaluated by calling for or publicizing proposals from third parties as well through any method or procedure with the intention of potentially receiving a better proposal than the said proposal.

(5) If, during negotiation on a proposal pursuant to Sub-section (1), the proposal of any other proponent is accepted, the proponent whose proposal is accepted may provide reimbursement to the proponent pursuant to Sub-section (1) for the initial expenses incurred during project development and, if any expenses of the concerned body were incurred during the study and development, such expenses as well, as prescribed. 29.
Public-Private Partnership and Investment Act, 2019

29. Project may be implemented through negotiation: (1) Notwithstanding anything contained in this Act, if a proposal could not be selected even after calling for expressions of interest or proposals at least twice, such project may be implemented by the concerned body directly through negotiation.

(2) Notwithstanding anything contained in Sub-section (1), if it appears reasonable to implement any project through negotiation due to any of the following reasons, such project may be implemented by the concerned body through negotiation after completing the prescribed procedure:-

(a) a project where there is no possibility of competition economically and technically due to the nature or cost of the project,

(b) a project involving a new concept or technology,

(c) a project selected for implementation based on national priority,

(d) projects for which it is not deemed appropriate to adopt other procedures under this Act.

(3) A proponent wishing to implement any project through negotiation pursuant to Sub-section (1) shall submit a proposal to the concerned body specifying the prescribed subjects.

(4) The concerned body may approve the implementation of a project through negotiation after conducting a detailed evaluation of the proposal pursuant to Sub-section (3) as prescribed. 30. Detailed Feasibility Study of Project through Negotiation: (1) Notwithstanding anything contained in this Act, a person wishing to conduct a detailed feasibility study of a project for which no detailed feasibility study has been done may submit an application to the Office for permission for the same.

(2) If, upon inquiry into the application submitted pursuant to Sub-section (1), it appears reasonable to grant permission for a detailed feasibility study, the Office may, after negotiation with the applicant, grant permission to conduct or cause to conduct a detailed feasibility study of such project.

(3) The expenses incurred in conducting or causing to conduct a detailed feasibility study pursuant to Sub-section (2) shall be borne by the person conducting or causing to conduct such detailed feasibility study themselves.

(4) If, in a situation where competition is held for the implementation of a project for which a detailed feasibility study has been conducted pursuant to this Section, the person conducting or causing to conduct the detailed feasibility study pursuant to Sub-section (2) is not selected, the person selected for and whose proposal is approved for the implementation of such project shall bear the expenses incurred by the said person in conducting or causing to conduct the detailed feasibility study of the project.

(5) The amount to be borne pursuant to Sub-section (4) shall be determined by an independent evaluator.

(6) Based on the study report prepared regarding the project pursuant to this Section, such project shall be implemented pursuant to this Act. 31.
Public-Private Partnership and Investment Act, 2019

31. Permit to be granted: (1) After selecting or approving a proposal pursuant to Sections 27, 28 and 29, the concerned body shall enter into an understanding with the proponent on the prescribed conditions and format and grant a study permit for the project.

(2) While entering into an understanding pursuant to Sub-section (1), a performance bond as prescribed shall be obtained for the purpose of completing the work within time.

(3) Notwithstanding anything contained in the prevailing law, where a project is approved

46. Single Point Service Center: (1) For the purposes of conducting activities including project survey permission, memorandum of understanding, investment permission or agreement for a project to be implemented under this Act, and for assisting and facilitating the project, a Single Point Service Center may be established at the Office.

(2) The Single Point Service Center established pursuant to Sub-section (1) shall have employees working on a full-time or part-time basis, with representation from the concerned ministries, departments, authorities, public enterprises, Nepal Rastra Bank and other bodies of the Government of Nepal.

(3) The functions, duties and powers of the Single Point Service Center shall be as follows:

(a) To evaluate proposals received for investment and forward the necessary process for approval,
(b) To provide company registration, tax registration, industry registration, foreign exchange permission and other registrations, permissions and approvals,
(c) To coordinate and facilitate for the provision of labor permits, visas, permits,
(d) To facilitate in the acquisition of private land required for the project,
(e) To provide government land or forest area land required for the project on lease after completing the process according to the prevailing law,
(f) To arrange for the provision of approval for environmental studies,
(g) To facilitate works including infrastructure construction required for the project,
(h) To provide economic and non-economic facilities as prescribed according to the prevailing law and agreement,
(i) To arrange for the provision of foreign currency exchange facility,
(j) To undertake other coordination and facilitation works required for the project. Added by the Act to Amend Some Nepal Acts Relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(4) The Board shall formulate and implement the procedure relating to the operation of the Single Point Service Center. Added by the Act to Amend Some Nepal Acts Relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.(5) The Single Point Service Center established at the Office of the Board shall have employees deployed from the concerned stakeholder bodies with authority to make decisions according to the prevailing law. Added by the Act to Amend Some Nepal Acts Relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.46A.
Public-Private Partnership and Investment Act, 2019

Added by the Act to Amend Some Nepal Acts Relating to Improvement of Economic and Business Environment and Enhancement of Investment, 2081.46A. Automated Electronic System May Be Used: An automated electronic system may be used to expedite the registration, approval and implementation process of projects operated through the Board. 47. Land Acquisition: (1) The licensee shall himself/herself arrange for the land required for the implementation of the project.

(2) If the licensee pursuant to Sub-section (1) requests the Board for land acquisition, the Board shall provide necessary facilitation to acquire such land according to the prevailing law.

(3) While acquiring land pursuant to Sub-section (2), the licensee shall bear the compensation and damages payable to the landowner according to the prevailing law.

(4) Notwithstanding anything contained elsewhere in this Section, if land owned by the Government of Nepal is required for the implementation of a project, the Board may, with the approval of the Government of Nepal, allow the use of such land on lease or rent.

(5) Where the Government of Nepal has acquired land for a project pursuant to Sub-section (3), the Government of Nepal may, for the purpose of distributing compensation for such land, establish a Land Acquisition Fund within the Board and distribute or cause to distribute the compensation for land through such Fund.

(6) The amount of compensation distributed from the Fund pursuant to Sub-section (5) may be reimbursed to the Government of Nepal by the licensee as mentioned in the agreement. 48. Security of the Project: (1) If the licensee requests the Board for the security of the project, the Board may recommend to the Government of Nepal to make arrangements for the security of such project, with the expense thereof being borne by the licensee.

(2) If the Board makes a recommendation pursuant to Sub-section (1), the Government of Nepal may make necessary arrangements for the security of the project. 49. Assistance to be Provided: (1) In the course of implementing the project, the Board or the Government of Nepal, Provincial Government and Local Level shall provide or cause to be provided the assistance, approval or work to be done for the licensee as prescribed, within the period mentioned in the agreement.

(2) If the licensee requests any assistance in the course of implementing the project, and if such assistance can be provided according to the prevailing law, the Board may itself provide such assistance or write to the concerned body of the Government of Nepal, Provincial Government or Local Level to provide such assistance, with the expense and liability to be borne by the licensee. 50.