chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
National Academy of Medical Sciences Act, 2006

Chapter-6
Formation, Functions, Duties and Powers of the Service Commission

13. Formation of the Service Commission: (1) There shall be a Service Commission to recommend for the appointment and promotion of teachers and employees of the Academy.

(2) The Service Commission shall consist of a Chairperson and two Members.

(3) The Assembly shall appoint the Chairperson and Members of the Service Commission from among the following persons:-

(a) Chairperson, from among persons who have obtained at least a post-graduate degree in medical science and have worked in the relevant field for at least twenty years,
(b) One Member, from among persons who have obtained at least a post-graduate degree in medical science and have worked in the relevant field for at least fifteen years, and
(c) One Member, from among persons who have obtained at least a bachelor's degree in law, management or public administration and have worked in the relevant field for at least fifteen years.

(4) The term of office of the Chairperson and Members of the Service Commission shall be four years.

(5) Other functions, duties and powers of the Service Commission shall be as prescribed.

(6) The remuneration, facilities and other terms of service of the Chairperson and Members of the Service Commission shall be as prescribed.

(7) The procedure relating to the meeting of the Service Commission shall be as prescribed. Chapter-7
Establishment and Operation of Hospital and Educational Institutions

14. Establishment and Operation of Hospital: Amended by the Act to Amend Some Nepal Acts, 2082.(1) The Academy may, for high-level study and research in health services, establish and operate its own separate hospital or, by making a bilateral agreement with a central hospital of the Government of Nepal, use such hospital as a teaching hospital. Amended by the Act to Amend Some Nepal Acts, 2082.(2) Notwithstanding anything contained in Sub-section (1), the Academy may use the Bir Hospital, which has been established and is being operated under the prevailing law, as a teaching hospital for a period of seven years from the date of commencement of this Sub-section.

(3) The operation and management of the Hospital shall be as prescribed. 15. Establishment and Operation of Educational Institutions: (1) The Academy may establish any educational institution with the objective of providing education in various subjects.

(2) The Nursing Campus being operated under the Hospital at the time of commencement of this Act shall be deemed to have been established under Sub-section (1).

(3) The operation of the Nursing Campus shall be as prescribed. Chapter-8
Office Bearers, Teachers and Employees of the Academy

16. Chancellor: (1) The Prime Minister shall be the Chancellor of the Academy.

(2) The Chancellor shall be the head of the Academy.
National Academy of Medical Sciences Act, 2006

Chapter-8
Office Bearers, Teachers and Employees of the Academy

16. Chancellor: (1) The Prime Minister shall be the Chancellor of the Academy.

(2) The Chancellor shall be the head of the Academy. 17. Vice-Chancellor: (1) The Minister or Minister of State for Health and Population shall be the Vice-Chancellor of the Academy.

(2) The Vice-Chancellor may, as necessary, inspect the Academy and give directives to the Academy. 18. Pro-Chancellor: (1) The Pro-Chancellor shall be the chief office bearer working full time at the Academy.

(2) To recommend for appointment to the post of Pro-Chancellor, a committee consisting of two other members under the chairpersonship of the Vice-Chancellor shall be formed by the Chancellor, and the Chancellor shall appoint the Pro-Chancellor on the recommendation of that committee.

(3) The term of office of the Pro-Chancellor shall be four years.

(4) In the absence of the Pro-Chancellor, the work to be done by him/her shall be as arranged by the Vice-Chancellor.

(5) The functions, duties and powers of the Pro-Chancellor shall be as prescribed.

(6) The remuneration, facilities and other terms of service of the Pro-Chancellor shall be as prescribed. 19. Dean of Studies, Registrar and Dean: (1) The Vice-Chancellor shall appoint the Dean of Studies, Registrar and Dean on the recommendation of the Pro-Chancellor.

(2) The term of office of the Dean of Studies, Registrar and Dean shall be four years.

(3) Other provisions relating to the appointment, functions, duties and powers, remuneration, facilities and terms of service of the Dean of Studies, Registrar and Dean shall be as prescribed. 20. Director: (1) There shall be a Director to function as the administrative head of the Hospital.

(2) Provisions relating to the appointment, functions, duties and powers and terms of service of the Director shall be as prescribed. 21. Other Office Bearers: (1) The Academy may have other office bearers as prescribed.

(2) Provisions relating to the appointment, functions, duties and powers and terms of service of the office bearers under Sub-section (1) shall be as prescribed. 22.
National Academy of Medical Sciences Act, 2006

21. Other Office Bearers: (1) The Academy may have other office bearers as prescribed.

(2) Provisions relating to the appointment, functions, duties and powers and terms of service of the office bearers under Sub-section (1) shall be as prescribed. 22. Power to Remove from Office: (1) If the Pro-Chancellor, Dean of Studies or Registrar fails to perform his/her official responsibilities or does not behave as per the office, or if one-fourth of the members currently present in the Assembly submit a written application to the Chancellor stating that he/she has not honestly performed his/her duties, the Chancellor shall form an investigation committee consisting of two members of the Assembly under the chairpersonship of the Vice-Chancellor.

(2) If the investigation committee under Sub-section (1) recommends that the Pro-Chancellor, Dean of Studies or Registrar has failed to perform his/her official responsibilities, has not worked honestly, or has not performed his/her duties, and if that matter is passed by a meeting of the Assembly, the Chancellor shall remove such Pro-Chancellor, Dean of Studies or Registrar from his/her office.

(3) Provisions relating to removal from office of other office bearers of the Academy other than the Pro-Chancellor, Dean of Studies or Registrar shall be as prescribed.

(4) Before removing an office bearer of the Academy under Sub-section (2) or (3), an opportunity to submit a defense against the allegation made against him/her shall be given. 23. Teachers and Employees of the Academy: (1) The Academy shall have teachers and employees in the required number.

(2) The functions, duties and powers, and appointment of teachers and employees of the Academy shall be as prescribed on the recommendation of the Service Commission.

(3) The functions, duties and powers, remuneration, terms of service and facilities of teachers and employees of the Academy shall be as prescribed. 24. Power to Depute Employees on Deputation: (1) The Government of Nepal may, upon the request of the Academy, depute any employee of the Nepal Health Service to the Academy on deputation.

(2) An employee deputed under Sub-section (1) shall be entitled to facilities similar to those received by employees of the Academy. Chapter-9
Fund and Audit of the Academy

25.
National Academy of Medical Sciences Act, 2006

Chapter-9
Fund and Audit of the Academy

25. Fund of the Academy: (1) The Academy shall have a separate fund.

(2) The fund under Sub-section (1) shall consist of the following amounts:-

(a) Amounts received from the Government of Nepal,
(b) Amounts received from educational fees and service fees,
(c) Amounts received as grants or loans from domestic or foreign individuals, associations, institutions or foreign governments,
(d) Amounts received from other sources.

(3) Before receiving any amount under clause (c) of Sub-section (2) from foreign individuals, associations, institutions or governments, the Academy shall obtain the approval of the Government of Nepal.

(4) The amount in the fund of the Academy shall be deposited by opening an account in any bank or financial institution.

(5) All expenses of the Academy shall be borne from the fund under Sub-section (1).

(6) The operation of the fund and account of the Academy shall be as prescribed. 26. Accounts and Audit: (1) The accounts of income and expenditure of the Academy shall be maintained in accordance with the prevailing law.

(2) The audit of the Academy shall be carried out by the Auditor General. Chapter-10
Miscellaneous

27. Annual Report: (1) The Academy shall, within three months of the end of each fiscal year, submit an annual report of its activities carried out during the year to the Government of Nepal.

(2) The report under Sub-section (1) shall, in addition to other matters, include a brief description of the work performed by the Academy during the year and the achievements of the Academy. 28. Power to Form Committees: (1) The Academy may, as necessary, form committees to smoothly carry out the work it is required to do under this Act.

(2) The functions, duties and powers and the procedure of the committee formed under Sub-section (1) shall be as specified by the Academy at the time of forming such committee. 29. Proceedings Not to be Invalidated: No proceeding of the Academy shall be invalidated merely by reason of a vacancy in the position of any office bearer or member of the Academy or any defect in the appointment or nomination of any office bearer or member of any organization of the Academy. 30. Delegation of Powers: (1) The Assembly may, as necessary, delegate some of the powers vested in it under this Act to the Executive Council or the Pro-Chancellor.

(2) The Academic Council, Service Commission or Executive Council may, as necessary, delegate some of the powers vested in them under this Act to any office bearer of the Academy or any subordinate body. 31.
National Academy of Medical Sciences Act, 2006

31. Obligation to Work in Accordance with National Education and Health Policy: The Academy shall work in accordance with the national health and education policy approved by the Government of Nepal. 32. Power to Give Directives: The Government of Nepal may give necessary directives to the Academy in relation to its proceedings, and it shall be the duty of the Academy to follow such directives. 33. Contact with Government of Nepal: When the Academy needs to contact the Government of Nepal, it shall do so through the Ministry of Health and Population. 34. Employees may Remain in the Academy: (1) Among the employees of the Nepal Health Service working at the Hospital at the time of commencement of this Act, employees wishing to work in the Academy shall submit an application to the Ministry of Health and Population within six months from the date of commencement of the rules relating to employee service made under this Act.

(2) If the Government of Nepal grants approval for an employee who submits an application under Sub-section (1) to remain as an employee of the Academy, such employee shall be deemed to be an employee of the Academy.

(3) The service period served in the Health Service by an employee remaining in the Academy under Sub-section (2) shall be counted towards the service period of the Academy. 35. Power to Make Rules: The Academy may make necessary rules to implement the objectives of this Act. Provided that, while making rules on matters that cause additional financial burden on the Government of Nepal, prior approval of the Government of Nepal shall be obtained. 36. Repeal and Saving: (1) The Bir Hospital Development Committee (Formation) Order, 2063 is hereby repealed.

(2) All proceedings done under the Order under Sub-section (1) shall be deemed to have been done under this Act.

(3) All rights and liabilities including movable and immovable property, transactions, debts and credits in the name of the Bir Hospital Development Committee under the Order under Sub-section (1) shall be deemed to have been transferred to the Academy.

(4) Employees working in the Committee under the Order under Sub-section (1) shall be deemed to be in posts of equivalent level and grade of the Academy.

(5) Proceedings being carried out from the Nursing Campus operated under the Committee under the Order under Sub-section (1) shall be deemed to have been carried out under this Act. 37.
Safeguards, Anti-dumping and Countervailing Act, 2019

Provided that the term shall not include a domestic producer who is also an importer of such goods.

(cc) "Injury" means material injury caused or likely to be caused to domestic industry due to the import of like or identical or subsidized goods, and the term also includes the situation where the establishment of any industry is hindered due to such import. Chapter-2
Provisions Relating to Safeguards

3. Power to Impose Safeguards Measures: (1) If domestic industry manufacturing like or identical or directly competitive goods suffers serious injury or there appears sufficient ground that such injury may be caused due to an unexpected and abnormally large increase in the import of any goods, the Ministry may cause an investigation to be conducted through the Department.

(2) If the situation pursuant to sub-section (1) exists, the domestic industry manufacturing like or identical goods may submit an application to the Ministry to impose necessary Safeguards measures on such goods.

(3) If it appears from the investigation pursuant to sub-section (1) that the import of such goods has caused or may cause serious injury to the domestic industry, the Government of Nepal may impose Safeguards measures as follows:-

(a) Impose an additional customs duty to the customs leviable under the prevailing law,

(b) Impose additional duty based on an additional tariff rate quota on the import of quantity exceeding the quantity determined by the Government of Nepal under clause (a),

(c) Impose a full or partial quantitative restriction on the import of such goods,

(d) Other measures as prescribed.

(4) Notwithstanding anything contained in sub-section (3), Safeguards measures shall not be imposed on goods imported from a developing country in a quantity less than three percent of the total import of like or identical goods or directly competitive goods. Provided that if the quantity of goods imported from more than one developing country, each having a share of less than three percent of the total import, exceeds nine percent of the total import of like or identical goods or directly competitive goods produced domestically, Safeguards measures may also be imposed on such goods imported from any developing country having a share of less than three percent.

(5) While imposing Safeguards measures, equal or different duty rates or quantitative duty rates may be imposed on like or identical goods or directly competitive goods.

(6) Other provisions relating to the procedure for imposing Safeguards measures under this section shall be as prescribed. 4.
Safeguards, Anti-dumping and Countervailing Act, 2019

4. Duration of Safeguards: (1) The duration of Safeguards measures imposed pursuant to Section 3 shall remain in force for a maximum of four years from the date of imposition of such Safeguards.

(2) Notwithstanding anything contained in sub-section (1), if the Investigation Officer recommends that the conditions warranting the imposition of Safeguards duty pursuant to Section 3 continue to exist after that period, the Government of Nepal may extend the period for imposing Safeguards duty for a maximum of four years.

(3) While calculating the period pursuant to sub-section (1), if an interim Safeguards measure has been imposed pursuant to Section 6, that period shall also be added and calculated.

(4) Notwithstanding anything contained in sub-section (1), if the Government of Nepal deems necessary, the duration of Safeguards measures imposed pursuant to Section 3 may be extended for a maximum of two years in addition to the periods under sub-sections (1) and (2). Provided that additional Safeguards measures shall not be imposed during the period so extended. 5. Power to Remove Safeguards Measures: The Government of Nepal may remove Safeguards measures imposed pursuant to Section 3 in any of the following circumstances:-

(a) If it appears from the review conducted pursuant to Section 43 that it is not necessary to impose Safeguards on such goods,

(b) If other alternative measures are adopted pursuant to Section 7,

(c) In other circumstances as prescribed. 6. Power to Impose Interim Safeguards Measures: (1) If domestic industry suffers serious injury or there is a threat of serious injury due to an unexpected and abnormally large increase in the import of any goods and it appears necessary to take immediate action, the Government of Nepal may impose interim Safeguards measures on such goods.

(2) While imposing interim Safeguards measures pursuant to sub-section (1), the Government of Nepal may impose any Safeguards measure pursuant to sub-section (3) of Section 3.

(3) Notwithstanding anything contained in sub-section (1), prior to imposing interim Safeguards measures, any of the following conditions must exist in relation to any goods:-

(a) It appears from the preliminary report pursuant to Section 25 that immediate Safeguards measures need to be imposed,

(b) Evidence obtained immediately from the investigation provides sufficient basis that serious injury has been or is likely to be caused to domestic industry from the import of any goods,

(4) The duration of interim Safeguards measures imposed under this section shall not exceed two hundred days. 7.
Safeguards, Anti-dumping and Countervailing Act, 2019

7. Power to Adopt Other Alternative Measures: (1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal may, by negotiating with the government of the country or autonomous customs territory producing or exporting any goods imported in unexpectedly and abnormally large quantity, adopt other alternative measures to protect the domestic industry from serious injury being or likely to be caused.

(2) Provisions relating to the alternative measures referred to in sub-section (1) shall be as determined by the Government of Nepal. Chapter-3
Provisions Relating to Anti-Dumping Duty

8. Prohibition on Dumping of Goods: No importer shall dump any goods by importing them at an export price lower than the normal value of the producer's or exporter's country or autonomous customs territory, in a manner causing or likely to cause injury or serious injury to the domestic industry manufacturing like or identical goods. 9. Power to Impose Anti-Dumping Duty: (1) If it appears from the report submitted by the Investigation Officer pursuant to Section 26 that any person has dumped any goods contrary to Section 8, the Government of Nepal may impose Anti-Dumping duty in addition to the customs duty on such goods.

(2) Notwithstanding anything contained in sub-section (1), if the dumping margin of the dumped goods is less than two percent, or if the goods imported from any country or autonomous customs territory account for only up to three percent of the total import of like or identical goods, Anti-Dumping duty shall not be imposed on such goods. Provided that if the share of goods imported from more than one country or autonomous customs territory exceeds seven percent of the total import of goods of a like or identical nature, Anti-Dumping duty may also be imposed on goods imported from any country or autonomous customs territory having a share of less than three percent.

(3) Prior to imposing Anti-Dumping duty pursuant to sub-section (1), sufficient basis and evidence that injury or serious injury has been or is likely to be caused to the domestic industry due to the dumping of such goods must be clearly evident.

(4) The rate of Anti-Dumping duty shall be determined as prescribed by the Government of Nepal based on, inter alia, the investigation report pursuant to Section 26.

(5) While imposing Anti-Dumping duty, the duty may be imposed at different rates according to the nature of the imported goods. 10.
Safeguards, Anti-dumping and Countervailing Act, 2019

10. Duration of Anti-Dumping Duty: (1) Anti-Dumping duty imposed pursuant to Section 9 shall remain in force for a maximum of five years from the date on which such duty started to be imposed.

(2) Notwithstanding anything contained in sub-section (1), if the Investigation Officer recommends that the conditions warranting the imposition of Anti-Dumping duty pursuant to Section 9 continue to exist after that period, the Government of Nepal may extend the period for imposing Anti-Dumping duty for a maximum of five years. 11. Power to Impose Interim Anti-Dumping Duty: (1) The Government of Nepal may impose interim Anti-Dumping duty on any goods in the following circumstances:-

(a) Notice regarding the initiation of investigation in relation to any goods has been made public pursuant to Section 20,

(b) It appears from immediately available evidence that such goods have been dumped,

(c) Sufficient basis appears that injury or serious injury has been or is likely to be caused to domestic industry from the import of such goods,

(d) At least sixty days have passed since the Investigation Officer initiated the investigation process,

(e) Interim Anti-Dumping duty has been recommended by the preliminary report pursuant to Section 25,

(f) It appears necessary to immediately impose interim Anti-Dumping duty to protect the domestic industry from injury that has been or may be caused.

(2) While imposing interim Anti-Dumping duty pursuant to sub-section (1), it shall not be imposed for more than six months if demanded by the domestic industry manufacturing like or identical goods, and for more than one hundred twenty days in other circumstances. 12. Power to Remove Anti-Dumping Duty: If it does not appear necessary to keep the Anti-Dumping duty imposed pursuant to Section 9 in force, based on the report submitted by the Investigation Officer pursuant to Section 26 or any other basis, the Government of Nepal may remove such duty at any time. Chapter-4
Provisions Relating to Countervailing Duty

13. Prohibition on Import of Subsidized or Subsidized Goods: No importer shall import any subsidized or directly or indirectly subsidized goods in a manner causing or likely to cause injury or serious injury to the domestic industry. 14.
Safeguards, Anti-dumping and Countervailing Act, 2019

Chapter-4
Provisions Relating to Countervailing Duty

13. Prohibition on Import of Subsidized or Subsidized Goods: No importer shall import any subsidized or directly or indirectly subsidized goods in a manner causing or likely to cause injury or serious injury to the domestic industry. 14. Power to Impose Countervailing Duty: (1) If any person imports any subsidized or directly or indirectly subsidized goods contrary to Section 13, the Government of Nepal may impose Countervailing duty in addition to the customs duty on such goods, based on the report received pursuant to Section 26.

(2) Notwithstanding anything contained in sub-section (1), Countervailing duty shall not be imposed on any goods in the following circumstances:-

(a) In the case of goods imported from a developing country, where the subsidy or direct or indirect subsidy provided is less than two percent of the export price, and in the case of other countries or autonomous customs territories, less than one percent,

(b) If the quantity of subsidized or directly or indirectly subsidized goods imported from any single developing country is found to be less than four percent of the total quantity of imports of like or identical nature in Nepal,

(c) In goods received by the Government of Nepal in the form of in-kind or cash grants under bilateral or multilateral agreements.

(3) Notwithstanding anything contained in clause (b) of sub-section (2), if the total quantity of subsidized or directly or indirectly subsidized goods imported from developing countries, each having a share of less than four percent of total imports, amounts to nine percent or more of the total quantity of imports of like or identical nature goods in Nepal, Countervailing duty may also be imposed on subsidized goods imported from any developing country having a share of less than four percent.

(4) Prior to imposing Countervailing duty pursuant to sub-section (1), it must be clearly evident that such imported goods are subsidized or directly or indirectly subsidized goods, and there is sufficient basis and evidence that injury or serious injury has been or is likely to be caused to domestic industry due to the import of such goods.

(5) While imposing Countervailing duty pursuant to sub-section (1), it must be imposed not exceeding the subsidy margin.

(6) While imposing Countervailing duty pursuant to sub-section (1), it may be imposed at different rates on imported goods of the same nature having a single type of subsidy or direct or indirect subsidy, and on imported goods of the same nature with different subsidy margins. 15.
Safeguards, Anti-dumping and Countervailing Act, 2019

15. Duration of Countervailing Duty: (1) Countervailing duty shall be imposed for a maximum period of up to five years.

(2) Notwithstanding anything contained in sub-section (1), if the Investigation Officer recommends that the conditions warranting the imposition of Countervailing duty pursuant to Section 14 continue to exist after that period, the Government of Nepal may extend the period for imposing Countervailing duty for a maximum of five years. 16. Power to Impose Interim Countervailing Duty: (1) The Government of Nepal may impose interim Countervailing duty on any goods under investigation in the following circumstances:-

(a) Notice regarding the initiation of investigation has been made public pursuant to Section 20,

(b) It appears from immediately available evidence that such goods are subsidized or directly or indirectly subsidized goods,

(c) It appears that injury or serious injury has been or is likely to be caused to domestic industry from the import of such goods and it is necessary to immediately impose interim Countervailing duty to protect from such injury,

(d) At least sixty days have passed since the Investigation Officer initiated the investigation process,

(e) Interim Countervailing duty has been recommended by the preliminary report received pursuant to Section 25.

(2) While imposing interim Countervailing duty pursuant to sub-section (1), it must be imposed not exceeding the subsidy margin.

(3) The interim Countervailing duty pursuant to sub-section (1) shall be imposed for a maximum of one hundred twenty days from the date of submission of the report pursuant to Section 25. Chapter-5
Provisions Relating to Investigation

17. Investigation Officer: (1) Unless otherwise specified by the Government of Nepal, the Department shall act as the Investigation Officer for the purpose of investigating complaints relating to Safeguards, Anti-Dumping or Countervailing under this Act.

(2) For the purpose of sub-section (1), the Department may designate an officer of at least the level of a Class II gazetted officer to work as an Investigation Officer. 18.
Safeguards, Anti-dumping and Countervailing Act, 2019

18. Power to Submit Application: (1) If any person is found to have imported goods at an export price lower than the normal value of the producer's or exporter's country or autonomous customs territory, or subsidized or directly or indirectly subsidized goods, in a manner causing or likely to cause injury or serious injury to domestic industry manufacturing like or identical goods, the domestic industry manufacturing such goods, either itself or through its representative, may submit an application to the Department in the prescribed format for the imposition of Anti-Dumping duty under Section 9 or Countervailing duty under Section 14 on the goods so imported.

(2) While submitting an application pursuant to sub-section (1), evidence to the extent available relating to the goods so imported or proposed to be imported and the injury, serious injury or threat of serious injury caused to domestic industry must also be attached.

(3) While submitting an application pursuant to sub-section (1), the following procedure must be completed:-

(a) The complaint must be submitted by the domestic industry or industries producing at least twenty-five percent of the like or identical goods,

(b) The application must be supported by the domestic industry or industries producing at least fifty percent of the like or identical goods,

(c) There must be a basis for substantiating the contents of the application from immediately available evidence. 19. Inquiry into Application: (1) Upon receipt of an application pursuant to Section 18, the Investigation Officer shall conduct necessary inquiry as to whether the procedure under sub-section (3) of that section has been completed.

(2) While conducting inquiry pursuant to sub-section (1), if there is no basis to substantiate the contents of the application from the evidence submitted with the application, the Investigation Officer shall not proceed with action on such application.

(3) Notwithstanding anything contained elsewhere in this section, if information is received that any goods have been or are about to be dumped contrary to Section 8, or that any person is about to export goods obtained through subsidy or direct or indirect contrary to Section 13, or if there is reasonable cause to believe such matter, and if there is sufficient basis to believe that such import may cause or is likely to cause injury or serious injury to domestic industry, the Department may, by preparing a memo attaching necessary evidence in relation thereto, initiate the investigation process.

(4) While conducting inquiry under this section or investigation under Section 23, concerned interested bodies shall make available necessary details and documents required to the Investigation Officer. 20.
Safeguards, Anti-dumping and Countervailing Act, 2019

20. Public Notice of Investigation: (1) If, during the inquiry of an application pursuant to Section 19, the Investigation Officer deems it necessary to initiate the investigation process pursuant to Section 23 on such application, a notice relating thereto shall be made public through a national level newspaper.

(2) The notice to be made public pursuant to sub-section (1) must include the name, nature, quality of the goods under investigation, name of producing company, name of the country of the producer or exporter, evidence and documents submitted by the complainant, and other necessary details.

(3) The Investigation Officer shall send a copy of the notice made public pursuant to sub-section (1), along with the related application and copies of other relevant evidence, to the producer or exporter of the goods under investigation through electronic means. 21. Right to Defend: (1) Within fifteen days from the date of publication of the notice pursuant to sub-section (1) of Section 20, an interested party may submit a written defense to the Investigation Officer concerning such application.

(2) While submitting a defense pursuant to sub-section (1), an interested party must attach evidence and documents substantiating the claims made in such defense.

(3) Any other party wishing to defend against the evidence and documents submitted by any party during the course of investigation may submit a defense within fifteen days of the submission of such evidence or documents. 22. Burden of Proof: While submitting a defense pursuant to Section 21, if the importer or exporter makes claims including that the goods under investigation were not imported into the country, no goods were dumped, or the imported goods were not subsidized goods, the burden of proof relating to such claims shall be on the interested party making the claim. 23.
Safeguards, Anti-dumping and Countervailing Act, 2019

23. Conduct of Investigation: (1) After the notice is made public pursuant to Section 20, the Investigation Officer shall initiate the investigation work focusing on the following matters in relation thereto:–

(a) The claims made in the complaint and the evidence and documents submitted by the concerned parties,

(b) Whether or not the complainant is a domestic industry manufacturing like or identical goods,

(c) Whether or not such goods are dumped goods, and if found to be so, the state of the dumping margin,

(d) Whether or not such goods are subsidized or directly or indirectly subsidized goods, and if found to be so, the state or amount of subsidy margin or subsidy,

(e) Whether or not injury or serious injury has been caused or there is a threat of injury or serious injury to domestic industry from the import of such goods, and if so, the nature and extent of the injury,

(f) Other matters deemed necessary for the investigation.

(2) While conducting the investigation, the Investigation Officer shall objectively evaluate and analyze all evidence and documents relating to the matters referred to in sub-section (1). 24. Power to Seek Consultation: (1) While conducting investigation pursuant to Section 23, the Investigation Officer may conduct necessary consultation or seek information from the concerned body of the government of the exporter's country or autonomous customs territory regarding whether or not subsidies have been provided in relation to the production or export of such goods.

(2) If consultation or information is sought pursuant to sub-section (1), and if any consultation or information is received from such body, the same may be taken as a basis; and if no consultation or information is received within the requested period, it may be deemed that consultation has been held on that matter and necessary action may be proceeded with. 25.
Safeguards, Anti-dumping and Countervailing Act, 2019

25. Preparation of Preliminary Report: The Investigation Officer shall, within sixty days of initiating the investigation pursuant to Section 23, prepare a preliminary report containing the following details and submit it to the Department:-

(a) Name, quantity and price of the goods and the Harmonized Code of the goods,

(b) Exporter of such goods and the country or autonomous customs territory of the exporter,

(c) Whether or not the import of such goods has increased in an unexpectedly and abnormally large quantity,

(d) If the import of such goods has increased in an unexpectedly and abnormally large quantity, the quantity thereof,

(e) Whether or not such goods are subsidized or directly or indirectly subsidized goods, and if so, the quantity thereof,

(f) Whether or not there is an indication that such goods have caused or are likely to cause injury or serious injury to the domestic industry manufacturing like or identical goods,

(g) Whether or not it is necessary to impose interim Safeguards measures under Section 6, interim Anti-Dumping duty under Section 11, or interim Countervailing duty under Section 16 on such goods, and if necessary, details including the basis and reason for what duration and at what rate such duty appears reasonable to impose,

(h) Except for clause (g), a definitive opinion along with the basis and reason as to whether Safeguards measures, Anti-Dumping duty, or Countervailing duty should be imposed under this Act, and at what rate and for how long it should be imposed,

(i) Other matters as prescribed. 26.
Safeguards, Anti-dumping and Countervailing Act, 2019

26. Preparation of Final Report: (1) The Investigation Officer shall normally complete the investigation within one year from the date of initiation of the investigation and submit the final report thereof to the Department.

(2) The Department shall, based on the report received pursuant to sub-section (1), submit the said report along with a recommendation to the Ministry for the purpose of imposing Safeguards measures or Anti-Dumping duty or Countervailing duty.

(3) The final report prepared pursuant to sub-section (1) must include the following matters:-

(a) Actual details of the injury or serious injury caused or likely to be caused to domestic industry due to the import of the goods under investigation,

(b) Normal value and export price of the goods under investigation,

(c) Dumping margin or subsidy or subsidy of the goods under investigation,

(d) Concrete suggestion of the Investigation Officer regarding whether or not Anti-Dumping duty or Countervailing duty should be imposed on the goods under investigation,

(e) If Anti-Dumping duty or Countervailing duty is to be imposed on such goods, the basis thereof and the rate of duty,

(f) If it appears necessary to impose Anti-Dumping duty or Countervailing duty under clause (d) with retroactive effect, the basis, reason and effective date for such imposition,

(g) If it appears necessary to extend the period after the imposition of Anti-Dumping duty or Countervailing duty, a recommendation along with the basis and reason for such extension,

(h) Other matters deemed necessary by the Investigation Officer.

(4) If the investigation work cannot be completed within one year pursuant to sub-section (1), the Investigation Officer may recommend to the Ministry to extend the investigation period, clearly stating the reason thereof.

(5) While inquiring into the recommendation received pursuant to sub-section (4), if such recommendation appears reasonable, the Ministry may extend the investigation period for a maximum of up to six months. 27.
Safeguards, Anti-dumping and Countervailing Act, 2019

27. Determination of Serious Injury: For the purpose of imposing Safeguards measures under Section 3, while investigating whether serious injury has been or is likely to be caused to domestic industry manufacturing like or identical or directly competitive goods due to the import of the goods under investigation, the Investigation Officer shall determine such injury based on the following grounds:-

(a) The quantity and price of the increase in import of the goods under investigation,

(b) Market share of the goods under investigation,

(c) Impact on the production and productivity of the domestic industry manufacturing like or identical or directly competitive goods,

(d) Impact on the sale and distribution of domestic goods that are like or identical or directly competitive,

(e) Impact on the consumption of like or identical or directly competitive goods,

(f) Nature, extent and consequence of loss incurred to domestic production that is like or identical or directly competitive,

(g) Impact on employment provided by the domestic industry manufacturing like or identical or directly competitive goods. 28. Determination of Normal Value of Goods: For the purpose of imposing Anti-Dumping duty under Section 9, while determining the normal value of the goods under investigation, the Investigation Officer shall determine it based on the following:-

(a) The sale price of such goods in the domestic market of the country or autonomous customs territory of the manufacturer, producer or exporter of the imported goods,

(b) If such goods are not sold in the domestic market of the country or autonomous customs territory of the manufacturer, producer or exporter of the imported goods, or if the price of such goods cannot be determined due to any other reason, the export price of such goods when exported to a third country,

(c) If the price cannot be determined based on clause (a) or (b), the price determined by adding the cost price of such goods and a reasonable profit, administrative, selling and general expenses,

(d) If the price also cannot be determined based on clause (c), the price determined by the Investigation Officer on a reasonable basis. 29.
Safeguards, Anti-dumping and Countervailing Act, 2019

29. Determination of Export Price: For the purpose of imposing Anti-Dumping duty under Section 9, while determining the export price of the goods under investigation, it shall be determined based on the following:-

(a) The invoice price submitted at the customs point of the exported goods (excluding freight, insurance and other expenses), or if such goods are also exported to another country, the price paid by the first buyer in that country to the exporter,

(b) If the price cannot be determined based on clause (a), or even if determined, if the exporter and importer appear to be related or the price does not appear reliable for any other reason, the price at which the exported like or identical goods are first resold to an independent buyer,

(c) If the price cannot be determined based on clause (a) or (b), the price determined by the Investigation Officer on a reasonable basis. 30. Determining Subsidy or Subsidy Provided: (1) For the purpose of imposing Countervailing duty under Section 14, if it is found that the goods under investigation have received, directly or indirectly, the following assistance from the government of the exporting country or autonomous customs territory, or from any institution or body fully or partially owned by such government having received financial or other assistance, such goods shall be deemed to be subsidized goods:-

(a) Received direct or indirect financial incentives, concessions, exemptions or assistance in the production or export of goods,

(b) Received grants, loans, equity investment or direct transfer of capital or potential direct transfer of capital in the production or export of goods,

(c) The existing or potential liability of the producer of such goods has been assumed or such goods are regularly purchased,

(d) Exemption or waiver of taxes or dues payable by the industry producing such goods,

(e) Received other goods, facilities or services other than basic infrastructure facilities for the production of goods.

(2) Notwithstanding anything contained in sub-section (1), goods provided the following subsidies by the government of the exporting country or autonomous customs territory shall not be deemed to be subsidized goods:-

(a) Subsidies provided for research activities conducted by or on behalf of the manufacturer, producer or exporter of such goods,

(b) Subsidies provided targeting remote or backward areas of the country,

(c) Subsidies provided limited solely to improving existing arrangements concerning production or export technology or process in order to comply with new conditions or regulations relating to environmental protection. 31.
Safeguards, Anti-dumping and Countervailing Act, 2019

31. Confidentiality: Except for the purpose of Section 20 and the prevailing law, the Investigation Officer shall keep confidential the documents, information, data, details or commercial information received by or coming to their knowledge in the course of investigation conducted under this Chapter. Provided that there shall be no bar in providing such documents, information, data or details to an authority authorized under the prevailing law in pursuance of a court order or in the course of law enforcement. 32. Power to Suspend or Terminate Investigation: Notwithstanding anything contained elsewhere in this Act, the Investigation Officer may, at any time, suspend or terminate the investigation action initiated under this Chapter in the following circumstances:-

(a) If the exporter of the goods under investigation or the government of the exporter's country or autonomous customs territory agrees not to export at a price lower than the normal value or cost price or not to export subsidized goods, and the Ministry directs to suspend or terminate the investigation work concerning such goods,

(b) If the exporter of the goods under investigation or the government of the exporter's country or autonomous customs territory agrees to revise the price so as to eliminate the effect of injury or serious injury caused or likely to be caused to the domestic industry manufacturing like or identical or directly competitive goods, and the Ministry directs to suspend or terminate the investigation work concerning such goods,

(c) If an agreement is reached with the exporter's country or government to bear, directly or indirectly, the compensation for injury caused or likely to be caused to the domestic industry manufacturing like or identical or directly competitive goods from the import of the goods under investigation,

(d) If there is a factual basis confirming that the maximum quantity of the goods under investigation is being used as raw material by the domestic industry manufacturing like or identical or directly competitive export-oriented goods,

(e) In other circumstances as prescribed. Chapter-6
Provisions Relating to Coordination Committee

33. Formation of Committee: (1) There shall be a Coordination Committee in the Ministry to coordinate among the concerned bodies for the implementation of this Act or the rules made under this Act.

(2) The formation of the Committee pursuant to sub-section (1) shall be as follows:-
Poverty Alleviation Fund Act, 2006

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Poverty Alleviation Fund Act, 2006 (2063)".

(2) This Act shall be deemed to have commenced from the 28th day of the month of Shrawan of the year 2063 (August 13, 2006). 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Fund" means the Poverty Alleviation Fund established pursuant to Section 3.

(b) "Poverty Alleviation Program" means the programs referred to in Section 6.

(c) "Poor" means a person or group who is below the national or regional poverty line, as determined by the Government of Nepal from time to time under specified criteria, who is backward based on human development indicators such as education, health, and who has not been included in the national development process based on certain gender and social groups.

(d) "Partner Organization" means the local bodies under the Local Self-Governance Act, 2054 (1998), and the term also includes other institutions established pursuant to the prevailing law with the objective of conducting poverty alleviation programs.

(e) "Community Organization" means a community-based organization registered under Section 10 based on criteria determined by the Fund, with the objective of alleviating poverty.

(f) "Social Mobilization" means the process of awakening and motivating the poor of a specific group or community towards activities for uplifting their living standards, making them capable of participating in decision-making processes in an organized or collective manner, and developing their skills and capacity.

(g) "Committee" means the Governing Committee of the Fund constituted under Section 11.

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

(i) "Vice-Chairperson" means the Vice-Chairperson of the Committee.

(j) "Member" means a member of the Committee, and the term also includes the Chairperson and Vice-Chairperson of the Committee.

(k) "Executive Director" means the Executive Director of the Fund appointed pursuant to Section 19.

(l) "Employee" means an employee of the Fund.

(m) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules framed under this Act. Chapter-2
Establishment, Objectives, and Powers, Duties and Functions of the Fund

3. Establishment of the Fund: (1) A Fund shall be established in the name of the "Poverty Alleviation Fund".

(2) The central office of the Fund shall be located in the Kathmandu Valley, and the Fund may open its offices at any place within the State of Nepal as necessary. 4.