chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Standard Weights and Measures Act, 1968

20. Weights and Measures Other than Standard Weights and Measures Not to be Brought into Use: (1) Notwithstanding anything to the contrary in any law or practice in force, after three months from the date of coming into force of this Act in any area or in respect of any transaction or goods, no weight or measure other than the standard weight or measure shall be used, nor shall the price of any goods be fixed or the quantity specified by any such unit of weight or measure, in such area or in respect of such transaction or goods, unless otherwise permitted by the Government of Nepal under Sections 14 and 24.

(2) If, in any contract or transaction relating to any article of trade, according to any custom, usage, practice or dealing, any trader, seller or buyer has been demanding or taking, or causing to demand or take, more or less than the quantity determined by weight or measure, such custom, usage, practice or dealing shall be deemed to have become void from the date of commencement of this Act.

(3) Any act or transaction done in contravention of sub-section (1) shall have no legal validity.

❺(4) A person or entity producing or selling or distributing goods shall keep at the relevant industry or place of sale or distribution, a weight or measure or a measuring or weighing instrument to ascertain the quantity by weight or measure of the goods produced or sold or distributed by him/her/it.

❺(5) While carrying out commercial transactions, a weight or measure or a measuring or weighing instrument permitted for such transaction shall be used. Transactions shall not be carried out in any other manner without using such weight or measure or measuring or weighing instrument. 21. Direction May be Given to Use Only Measure or Only Weight for Specific Purposes: Notwithstanding anything contained in this Act, the Government of Nepal may, by notification published in the Nepal Gazette, from the date specified in that notification, direct that, within a specified area, in respect of any specified trade, transaction or contract, subject to specified conditions, business shall be conducted only by measurement or only by weighing.

❺21ka.
Standard Weights and Measures Act, 1968

Functions, Duties and Powers of the Department: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Department shall be as follows:–

(a) to act as the central body in relation to weights and measures,

(b) to maintain the standards of units of weights and measures and to preserve such standards,

(c) to maintain traceability according to the international system of standards,

(d) to examine or cause to examine weights or measures or measuring or weighing instruments used for commercial purposes,

(e) to carry out activities relating to public awareness enhancement regarding the use of weights and measures instruments,

(f) to monitor, in coordination with the relevant body of the province or local level, whether standard weights and measures or measuring and weighing instruments are being used pursuant to this Act,

(g) to resolve any dispute arising in relation to the quantity of weight or measure,

(j) to provide calibration services, and

(jha) to contact, coordinate and cooperate with international organizations relating to weights and measures.

❺21kha. Metrology Laboratory: There shall be a national level metrology laboratory in the Department for carrying out functions relating to examination, study, research and development concerning weights and measures. Chapter–3

Examination and Stamping of Weights and Measures

22. Commercial Weights and Measures to Bear Mark of Quantity and Symbol: Commercial weights or measures shall bear clearly marked symbols and quantities of the measure and weight they measure or weigh, and shall have a clear impression of the examination as prescribed. 23. Prohibition on Sale, Distribution or Use of Commercial Weights and Measures Not Stamped: Save as otherwise provided in Section 24, no commercial weight or measure or measuring or weighing instrument which has not been examined as prescribed and stamped with the mark of such examination by an Inspector shall be sold, distributed or used.

❺23ka. Power to Prohibit, Seize or Confiscate: (1) If it is found that any person is selling, distributing or using any weight or measure or measuring or weighing instrument in contravention of this Act, the Inspector may prohibit the use of, seize or confiscate such weight or measure or measuring or weighing instrument.

(2) The procedure relating to prohibiting the use, seizure or confiscation of weight or measure or measuring or weighing instrument under sub-section (1) shall be as prescribed. 24.
Standard Weights and Measures Act, 1968

24. Power of Government of Nepal to Exempt: The Government of Nepal may, by notification published in the Nepal Gazette, make provision as follows:–

(a) to permit, in any particular type of transaction or in trade with foreign countries, the use of weights and measures or measuring and weighing instruments of a system other than the metric system, after certification even if not examined,

(b) to permit a particular type of measuring or weighing instrument to be brought into use only after it has been examined, and

(c) to exempt a particular type of measuring or weighing instrument from being required to be examined. 25. License to be Obtained for Using Weights or Measures or Measuring or Weighing Instruments: Traders and businessmen shall, for using weights or measures or measuring or weighing instruments, within the prescribed time, pay the prescribed fee, register their names, and obtain a license from ∏the Inspector.

∂26. Not to Carry Out Without Permit: No person shall, without obtaining a permit from the Inspector in the prescribed manner after paying the prescribed fee, manufacture, repair, sell or carry out the business of prescribed measuring or weighing services, any commercial weight or measure or measuring instrument or weighing instrument in the course of his/her business.

❺26ka. Model Approval to be Obtained: (1) A person or entity wishing to manufacture or import a measuring or weighing instrument shall obtain model approval from the Department before manufacturing or importing such instrument.

(2) The design of a measuring or weighing instrument manufactured or imported under sub-section (1) shall not be altered.

(3) The procedure for granting approval under sub-section (1) shall be as prescribed. 527. Weights and Measures of Sealed Packages: (1) Goods contained in a sealed package must bear a label clearly stating the weight or measure of such goods. No person shall sell, cause to be sold, or keep for the purpose of sale, a sealed package without a label.

(2) If any separate declaration or information besides the label is required to be stated on a sealed package, such declaration or information shall be stated therein.

(3) While stating the net quantity of the goods inside the package on the label of a sealed package, the quantity excluding the weight of the package or container of such goods kept for sale or distribution shall be stated.

(4) The standard sizes of sealed packages, labels, limits of error, examination methods for determining net and gross quantities, and other provisions relating to sealed packages shall be as prescribed. 28.
Standard Weights and Measures Act, 1968

28. Duties of Inspector: (1) The Inspector shall examine weights and measures and measuring and weighing instruments in the area and at the time specified by the Controller.

(2) The Inspector shall examine weights or measures or measuring or weighing instruments brought for examination within his/her jurisdiction according to this Act and the Rules made under this Act; if found correct, he/she shall collect the prescribed fee and affix the stamp of examination as prescribed.

(3) No weight or measure or measuring or weighing instrument that is required to be examined shall be kept unexamined.

(4) The Inspector may go to any place where a commercial weight or measure or measuring or weighing instrument is kept, or where goods sold or given by means of such weight or measure or measuring or weighing instrument are kept, and examine the weight or measure or the weight or measure of such goods, or such weight or measure or measuring or weighing instrument.

(5) The Inspector may order any trader or any person appointed by him/her for his/her work to produce any weight or measure or measuring or weighing instrument used by them or in their possession or kept in any place for the purpose of business, and all related documents, and such trader or person shall produce such instrument or document pursuant to such order.

(6) If the Inspector has reason to suspect that any person has committed or is about to commit an offence under this Act in relation to any weight or measure or measuring or weighing instrument, he/she may take into his/her possession such weight or measure or measuring or weighing instrument, or the goods sold or given or about to be given by such weight or measure or measuring or weighing instrument, and all related documents.

(7) If the Inspector has reason to suspect that the weight or measure of the goods in any sealed package is less than the weight or measure stated on the label of such package, he/she may break the seal of such package and examine the weight or measure of the goods in the package.

(8) If, upon examination under sub-section (7), the weight or measure of the goods in the package is found incorrect, the Inspector may take the package and the goods contained therein into his/her possession; if found correct, he/she shall pay the reasonable price of the package to the owner of such package.

❺(9) If any body or office of the province or local level within the Inspector's jurisdiction requests advice on matters relating to weights and measures and measuring or weighing instruments, the Inspector shall provide advice in that regard. 529.
Standard Weights and Measures Act, 1968

529. Appeal: An appeal against a decision or order of punishment made by an Inspector pursuant to this Act may be made to the Controller within thirty-five days, and an appeal against a decision or order of punishment made by a District Court may be made to the concerned High Court within thirty-five days. Chapter–4

Punishment

530. Punishment: (1) The Inspector shall impose a fine on a person or entity committing an offence as follows:–

(a) if any act is done or caused to be done in contravention of sub-section (4) of Section 20, a fine of one thousand rupees to five thousand rupees,

(b) if any direction given by the Government of Nepal pursuant to Section 21 is not complied with, or any act is done contrary to such direction, a fine of five thousand rupees to ten thousand rupees,

(c) if any weight or measure or measuring or weighing instrument is used in contravention of Section 25, a fine of one thousand rupees to five thousand rupees,

(d) if any act is done in contravention of Section 27, a fine of five thousand rupees to ten thousand rupees,

(e) if, while selling or transacting on the basis of weight or measure of any goods, any person takes or causes to be taken, or gives or causes to be given, more or less than the quantity determined by such weight or measure which was agreed for purchase, sale or transaction, such person shall be liable to a fine of five thousand rupees to twenty-five thousand rupees,

Provided, however, that in the case of construction materials, gold, silver or precious metals, petroleum products, LPG cylinders or industries, such person shall be liable to a fine of fifty thousand rupees to one hundred thousand rupees.
Standard Weights and Measures Act, 1968

Explanation: For the purposes of this clause, "construction materials" includes cement, rebar, bricks, aggregates, sand, geotextile, paint, cement board, wood used for doors and windows, glass, UPVC, and electrical wires.

(f) if any act is done in contravention of sub-section (1) and (5) of Section 20, Section 23, 26 and 26ka, if such act is abetted, if any obstruction is caused to the Inspector in the performance of his/her duties under this Act, a fine of up to twenty-five thousand rupees, and

(g) if a person does any other act contrary to this Act other than those mentioned in this Section, a fine of up to ten thousand rupees.

(2) If any person forges or makes or causes to be made any standard weight or measure or measuring or weighing instrument that is less or more, or knowingly uses or keeps for the purpose of using or sells or causes to sell such forged or less or more measuring or weighing instrument as genuine, or damages or forges or causes to forge or makes or keeps a stamp to be affixed to a standard weight or measure or measuring or weighing instrument under this Act, or by using any other instrument or such thing other than the actual weight or measure or measuring or weighing instrument causes or keeps or causes to keep for the purpose of causing less or more, or by using any technology creates forged software causing less or more in the quantity of weight or measure, he/she shall be liable to imprisonment for a term up to three years or a fine of three hundred thousand rupees to five hundred thousand rupees or both.

(3) If an Inspector knowingly affixes a stamp on a weight or measure or measuring or weighing instrument in contravention of this Act, he/she shall be liable to imprisonment for a term up to one year or a fine of up to ten thousand rupees or both.

*30ka. Realisation as Government Dues: (1) A fine payable pursuant to a decision made by the Inspector under this Act shall be deposited in the concerned office within thirty-five days from the date of such decision.

(2) If the amount of fine is not deposited within the period under sub-section (1), such amount shall be recovered as government dues in accordance with the prevailing law by the office or officer prescribed by the Government of Nepal. Chapter–5

Miscellaneous

31. Legal Validity of Stamped Weights or Measures or Measuring or Weighing Instruments: A weight or measure or measuring or weighing instrument stamped in accordance with this Act or the Rules made under this Act shall be deemed correct until proven incorrect by a court. 32.
Standard Weights and Measures Act, 1968

Chapter–5

Miscellaneous

31. Legal Validity of Stamped Weights or Measures or Measuring or Weighing Instruments: A weight or measure or measuring or weighing instrument stamped in accordance with this Act or the Rules made under this Act shall be deemed correct until proven incorrect by a court. 32. Liability for Offence Committed by an Incorporated Body or Firm: (1) If an offence under this Act is committed by an incorporated body or a firm, at the time of such offence, in the case of a firm, the partners of such firm, and in the case of an incorporated body, the chief administrative officer or officers managing such body, shall be deemed guilty and liable to punishment. Provided, however, that if such partner or the chief administrative officer or officers managing the body prove that they made every possible effort to prevent such offence or that they had no knowledge of such offence, they shall not be liable to punishment.

(2) Notwithstanding anything contained in sub-section (1), if an incorporated body or a firm commits an offence under this Act, and it is proved that such offence was committed with the consent or negligence of, in the case of a firm, the partners of such firm, or in the case of an incorporated body, the chief administrative officer or officers of such body, such partner or chief administrative officer or officers shall be deemed to have committed the offence and shall be liable to punishment. 33. Protection for Acts Done in Good Faith: No suit or other legal proceedings shall be instituted against any government employee in respect of any act done or intended to be done in good faith pursuant to this Act.

◈33ka. Investigation of Cases: (1) The investigation and filing of a case relating to an offence punishable under Section 19ka., 19kha. and 5sub-section (2) of Section 30 shall be conducted by the Inspector.

(2) The investigation and filing of a case relating to an offence punishable under 5sub-section (3) of Section 30 shall be conducted by an officer designated by 5the Controller.

(3) After the investigation work under sub-section (1) or (2) is completed, the investigating officer shall submit the investigation report to the government attorney before the limitation period for filing the case expires. 34. Government of Nepal to be Plaintiff: Cases under this Act shall be instituted in the name of the Government of Nepal as plaintiff. 35. Delegation of Powers: The Government of Nepal may, by notification published in the Nepal Gazette, delegate all or any of the powers conferred by this Act or the Rules made under this Act to an officer specified in such notification for exercise by such officer.

❺35ka.
Standard Weights and Measures Act, 1968

35. Delegation of Powers: The Government of Nepal may, by notification published in the Nepal Gazette, delegate all or any of the powers conferred by this Act or the Rules made under this Act to an officer specified in such notification for exercise by such officer.

❺35ka. Province and Local Level May Monitor: (1) The province and local level may, as necessary, monitor whether weights and measures and measuring or weighing instruments have been examined or not, whether licences and permits have been obtained or not, and whether such licences and permits have been renewed or not, pursuant to this Act.

(2) The province or local level may monitor in coordination with the Department based on the standards determined by the Government of Nepal.

(3) If, during monitoring under sub-section (1) or (2), any act contrary to this Act is found, the monitoring officer shall send a written communication to the Department or its subordinate office for action.

(4) If, during the monitoring under sub-section (1) or (2), any matter is found that requires action according to the relevant provincial or local law, the province or local level may also take action according to such law.

(5) If a written communication for action is received from the province or local level under sub-section (3), the Department or office shall immediately
Essential Goods Protection Act, 1955

Essential Goods Protection Act, 2012

Royal Seal and Date of Publication
2012.8.13

Amending Acts

1. Essential Goods Protection (First Amendment) Act, 2018 2018.9.13
2. Some Nepal Laws (Amendment and Reorganization) Act, 2020 2020.11.16
3. Essential Goods Protection (Second Amendment) Act, 2024 2024.7.6
4. Justice Administration Reform (First Amendment) Act, 2033 2033.4.10
5. Essential Goods Protection (Third Amendment) Act, 2038 2038.6.14
6. Justice Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
7. Justice Administration Act, 2048 2048.2.16
8. Act to Amend Some Nepal Acts, 2048 2048.9.18
9. Republic Strengthening and Amendment of Some Nepal Laws Act, 2066 2066.1.07
10. Act to Amend Some Nepal Acts, 2072 2072.11.13

Act No. 13 of 2012



Essential Goods Protection Act, 2012

Amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020.* Whereas it is deemed necessary to protect certain essential goods of public use to maintain the convenience of the general public, this Act is hereby enacted and promulgated by His Majesty King Mahendra. 1. Short Title and Extent: (a) This Act may be called the "Essential Goods Protection Act, 2012."

(b) This Act shall be applicable throughout the Kingdom of Nepal. Amended by the Third Amendment.2. Definition: Unless the subject or context otherwise requires, in this Act, "essential goods" shall be understood to mean the following goods, as well as other goods attached to or connected with them:

(a) Telegraph, telephone,
(b) Ropeway, railway,
(c) Highway, main road, bridge,
(d) Drain, drainage pipeline,
(e) Sources of drinking water constructed by the Government of Nepal or any institution, or with permission from the Government of Nepal or any institution,
(f) Electricity, electrical generation equipment,
(g) Weather and water resource related stations,
(h) Airport, communication cable lines, antennas, radio communication stations, pathfinders, safety signals and similar other equipment located inside or outside the airport area,
(i) Petrol, petrol pump stations, fuel depots,
(j) Public rest houses, shelters, alms houses,
(k) Any goods specified by the Government of Nepal by publishing a notice in the Nepal Gazette. 3. Prohibition and Punishment for Unauthorized Persons: No person shall, by employing another or by themselves, tamper with, remove, dismantle, damage in any manner, steal, or cause to do so any essential goods. In addition to the punishment provided by the law for such act, there shall be amended by the Second Amendment.compensation and a fine equal to the amount of the compensation, or both. Provided that,
If a person authorized by the owner, for the purpose of construction or repair, performs any of the acts mentioned above other than theft, such person shall not be liable.
Essential Goods Protection Act, 1955

Provided that,
If a person authorized by the owner, for the purpose of construction or repair, performs any of the acts mentioned above other than theft, such person shall not be liable. If any essential goods are damaged due to an accident, and notice thereof is given to the nearest government office in the district headquarters, or to the amended by the Republic Strengthening and Amendment of Some Nepal Laws Act, 2066.District Administration Office in the district headquarters, such person shall not be deemed an offender under this section. However, the compensation for the damage caused must be paid. 4. Prohibition on Aiding or Suppressing Unauthorized Persons and Punishment Therefor: If the residents of any place are found to have colluded with, aided, harbored or sheltered, concealed to protect from offense, or failed to attempt to prevent, or knowingly failed to report such thieves or miscreants committing theft or mischief, such persons shall be punished in accordance with Section 3. Amended by the Second Amendment.Amended by the Act to Amend Some Nepal Acts, 2072.5. Powers of Local Level or Administrative Officer: Every person shall take care of essential goods. If essential goods in any area are lost, stolen, or damaged in any other manner due to failure to do so, the nearest Amended by the Act to Amend Some Nepal Acts, 2072.Rural Municipality or Municipality or the Administrative Officer shall make arrangements for guarding by organizing patrol duty. Amended by the First Amendment.6. Right to Use Appropriate Force Against Offender: When attempting to arrest an offender at the scene of the incident, if he/she offers violent resistance or tries to escape, such person shall not be allowed to escape. If, in doing so, it becomes necessary to use weapons, a Head Constable of the Police Force or any officer above that rank, or Amended by the Republic Strengthening and Amendment of Some Nepal Laws Act, 2066.any officer of the Nepali Army of the rank of Havildar or above, or any officer of equivalent rank in other forces, shall personally or by ordering subordinates, use weapons below the knee or fire bullets to arrest the offender. If a person dies while being arrested as stated above, the concerned government employee shall not be held liable. Explanation: For the purpose of this section, "other forces" shall also include the Militia, Pioneer, Amended by the Republic Strengthening and Amendment of Some Nepal Laws Act, 2066.Reserve, and Garrison. 7. Punishment for Buyer or Seller: Whoever knowingly buys, sells, or possesses any property related to essential goods knowing it to be stolen shall be punished in accordance with Section 3. 8.
National Natural Resources and Fiscal Commission Act, 2017

National Natural Resources and Fiscal Commission Act, 2074 (2017)

Date of Certification
2074.06.27

Amending Act

1. Some Nepal Acts Amendment Act, 2075 (2018) 2075.11.19

Act Number 17 of the year 2074 (2017)

Preamble: Whereas, it is expedient to make necessary provisions regarding the functions, duties and powers of the National Natural Resources and Fiscal Commission,

Now, therefore, the Legislature-Parliament has enacted this Act in accordance with subsection (1) of Article 296 of the Constitution of Nepal. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "National Natural Resources and Fiscal Commission Act, 2074 (2017)."

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

(a) "Chairperson" means the Chairperson of the Commission.

(b) "Commission" means the National Natural Resources and Fiscal Commission established pursuant to Article 250 of the Constitution.

(c) "Plan" shall include a scheme, project, or programme.

(d) "Member" means a member of the Commission and includes the Chairperson.

(e) "Constitution" means the Constitution of Nepal. Chapter-2
Functions, Duties and Powers of the Commission

3. Functions, Duties and Powers of the Commission: (1) In addition to the functions, duties and powers specified elsewhere in the Constitution and this Act, the other functions, duties and powers of the Commission shall be as follows:-

(a) to recommend to the Province regarding the fiscal equalization grant to be provided by the Province to the Local Level pursuant to the Provincial law,

(b) to prepare the basis for conditional grants to be provided by the Province to the Local Level pursuant to the Provincial law and recommend to the Province,

(c) to provide necessary facilitation and assistance to resolve disputes arising between the Government of Nepal, Province or Local Level regarding revenue sharing,

(d) to advise the Government of Nepal regarding grants to be provided by the Government of Nepal to the Province and Local Level,

(e) to provide necessary advice if the Government of Nepal or the Province requests any suggestion regarding revenue sharing,

(f) to provide necessary advice if the Government of Nepal, Province or Local Level requests suggestions regarding taxes levied by the Government of Nepal, Province or Local Level,

(g) to provide necessary advice to the Government of Nepal, Province and Local Level on matters of conservation and utilization of natural resources.

(2) While providing suggestions or recommendations or preparing a framework pursuant to the Constitution and this Act, the Commission shall also take into account the performance of the Province and Local Level. 4.
National Natural Resources and Fiscal Commission Act, 2017

4. May Obtain Deliberation and Consultation: The Commission may consult or obtain advice, in relation to its functions and duties, from other constitutional bodies, Government of Nepal, government offices of Province and Local Level or public institutions. 5. May Avail Services of Experts: If any work to be performed pursuant to the Constitution and this Act cannot be accomplished by the manpower working in the Commission, the Commission may, stating the reason therefor, avail the services of concerned experts or specialized bodies in accordance with the prevailing federal law. 6. May Constitute Committee or Task Force: (1) For the purpose of performing any work of a special nature relating to the Commission, the Commission may, prescribing procedures, constitute a committee or task force.

(2) The functions, terms of reference and procedures of the committee or task force constituted pursuant to subsection (1) shall be as determined by the Commission at the time of constituting such committee or task force. 7. May Coordinate and Cooperate: The Commission may, as required, coordinate and cooperate with constitutional bodies, Government of Nepal, government offices of Province and Local Level or public institutions. 8. Duty to Provide Assistance in the Work of the Commission: If the Commission, in the course of performing its functions, requests for information, details or assistance from any body or official, it shall be the duty of the concerned body or official to provide such information, details or assistance. Chapter-3
Operation of the Commission

9. Office of the Commission: The office of the Commission shall be located in Kathmandu Valley. 10. Meeting of the Commission: (1) The work to be performed by the Commission pursuant to the Constitution, this Act and other prevailing laws shall be done in accordance with the decision of the meeting of the Commission.

(2) The meeting of the Commission shall be held on such date, time and place as may be fixed by the Chairperson as required.

(3) The Secretary of the Commission shall fix the date, time and place for the meeting of the Commission and send a notice, including the agenda for discussion in the meeting, to all members in such a manner that they receive it generally forty-eight hours prior to the time of the meeting.

(4) If a member wishes to discuss in the meeting any matter other than those included in the agenda to be discussed in the meeting pursuant to subsection (3), such member shall submit a notice, stating the subject matter and reason for such discussion, to the Secretary of the Commission at least twenty-four hours prior to the meeting.
National Natural Resources and Fiscal Commission Act, 2017

Upon receipt of such notice, the Secretary of the Commission shall promptly inform all members thereof.

(5) Notwithstanding anything contained in subsections (3) and (4), with the consent of all members present at the meeting of the Commission, a matter not included in the agenda may also be discussed and decided upon.

(6) If more than fifty percent of the members for the time being holding office in the Commission are present, the quorum shall be deemed to have been constituted for the meeting of the Commission.

(7) The meeting of the Commission shall be chaired by the Chairperson.

(8) The decision of the Commission shall be made by a majority of votes, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(9) The Secretary of the Commission shall prepare a record of the decision of the Commission and cause it to be signed by the Chairperson and members.

(10) The most senior employee of the Commission shall act as the Secretary in the meeting of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission itself. 11. Division of Work: The division of work of the Chairperson and members shall be as determined by the Commission. 12. Performance of Acting Function: If the office of the Chairperson falls vacant for any reason, amended by Some Nepal Acts Amendment Act, 2075 (2018).if he or she is unable to perform the functions of office pursuant to subsection (6) of Article 101 of the Constitution, if he or she goes on a foreign visit, or if he or she remains on leave for more than seven days, the most senior member of the Commission shall act as the acting Chairperson of the Commission. 13. No Obstruction in the Work and Proceedings of the Commission: No work and proceedings of the Commission shall be obstructed merely by reason of a vacancy in the seat of a member. Chapter-4
Mobilization of Natural Resources, Revenue Sharing and Grants

14.
National Natural Resources and Fiscal Commission Act, 2017

13. No Obstruction in the Work and Proceedings of the Commission: No work and proceedings of the Commission shall be obstructed merely by reason of a vacancy in the seat of a member. Chapter-4
Mobilization of Natural Resources, Revenue Sharing and Grants

14. Basis to be Taken into Account while Mobilizing Natural Resources: (1) The Commission shall, based on the following criteria, determine the share of investment to be made by the Government of Nepal, Province and Local Level in the mobilization of natural resources and recommend to the Government of Nepal:-

(a) status and revenue generation capacity,

(b) investment capacity,

(c) share of benefits to be received,

(d) share of consumption of benefits received,

(e) status of and need for infrastructure,

(f) economic condition and geographical structure.

(2) The Commission shall, based on the following criteria, determine the share of returns to be obtained from the mobilization of natural resources pursuant to subsection (1) and recommend to the Government of Nepal:-

(a) location of the mobilized natural resource,

(b) area affected by the mobilization of the natural resource,

(c) dependence on the mobilized natural resource,

(d) population benefitting from the returns,

(e) population dependent on the natural resource,

(f) participation in conservation and sustainable management of the natural resource. 15. Basis to be Taken into Account while Sharing Revenue: (1) The Commission shall determine the detailed basis and framework for sharing revenue between the Government of Nepal, Province and Local Level, and between Province and Local Level, based on the following criteria, and recommend to the Government of Nepal:-

(a) population and demographic details,

(b) area,

(c) human development index,

(d) expenditure need,

(e) effort made in revenue collection,

(f) infrastructure development,

(g) special circumstances.

(2) The detailed basis and framework determined by the Commission pursuant to subsection (1) shall remain valid for five years, and the Commission shall review it every five years and recommend to the Government of Nepal.

(3) Notwithstanding anything contained in subsection (2), if it is deemed necessary to review the detailed basis and framework first determined pursuant to subsection (1) after the commencement of this Act, before the expiry of five years for special reasons, the Government of Nepal may request the Commission to do so. If the request made by the Government of Nepal appears reasonable, the Commission shall review the detailed basis and framework determined pursuant to subsection (1) and recommend to the Government of Nepal.

(4) Notwithstanding anything contained in subsection (3), the detailed basis and framework first determined pursuant to subsection (1) shall not be reviewed more than once in five years. 16.
National Natural Resources and Fiscal Commission Act, 2017

16. Basis to be Taken into Account while Recommending Grants: (1) While recommending to the Government of Nepal and the Province regarding the fiscal equalization grant to be provided by the Government of Nepal to the Province and Local Level, and by the Province to the Local Level, pursuant to prevailing law, the Commission shall take into account the following criteria:-

(a) human development indicators such as education, health, drinking water in the Province and Local Level,

(b) status of balanced development of other Provinces or Local Levels,

(c) status of economic, social or any other type of discrimination existing in the Province and Local Level,

(d) status and need for infrastructure development of the Province and Local Level,

(e) services to be provided by the Province and Local Level to the people,

(f) revenue status and revenue generation capacity of the Province and Local Level,

(g) expenditure need of the Province and Local Level.

(2) While recommending to the Government of Nepal and the Province regarding the conditional grant to be provided by the Government of Nepal to the Province and Local Level, and by the Province to the Local Level, pursuant to prevailing law, the Commission shall take into account the matters mentioned in clause (c) of subsection (1) of Article 251 of the Constitution and subsection (1).

(3) While recommending the fiscal equalization grant pursuant to subsection (1), the Commission shall recommend the minimum grant to be received by each Province and Local Level, and the fiscal equalization grant to be received by each Province and Local Level according to the criteria set forth in subsection (1). Chapter-5
Miscellaneous

17. Organizational Structure and Employees of the Commission: (1) The organizational structure and staffing of the Commission shall be as approved by the Government of Nepal.

(2) The employees required for the operation of the Commission shall be provided by the Government of Nepal. 18. Observance of Official Dignity and Conduct: The Chairperson and members of the Commission shall, while performing their functions, observe official dignity and conduct in accordance with the Constitution, this Act and prevailing law. 19.
National Natural Resources and Fiscal Commission Act, 2017

18. Observance of Official Dignity and Conduct: The Chairperson and members of the Commission shall, while performing their functions, observe official dignity and conduct in accordance with the Constitution, this Act and prevailing law. 19. Annual Report: (1) The Commission shall submit an annual report of its work and proceedings to the President within three months from the expiry of the fiscal year.

(2) The annual report pursuant to subsection (1) shall include, in addition to other matters, the following subjects:-

(a) details regarding the implementation of the annual programme of the Commission and expenditures,

(b) details of recommendations and advice given by the Commission to the Government of Nepal, Province and Local Level,

(c) status of implementation of recommendations and advice,

(d) details of financial and physical resources of the Commission and their utilization,

(e) suggestions on improvements to be made on other matters relating to natural resources and revenue sharing,

(f) details of other work and proceedings undertaken regarding the fulfillment of obligations required to be performed by the Commission pursuant to this Act.

(3) After the report pursuant to subsection (1) is submitted to the Federal Parliament, the Commission shall publish the report for the information of the general public. 20. Contact with the Government of Nepal: While contacting the Government of Nepal, the Commission shall do so through the Ministry of Finance of the Government of Nepal. 21. Delegation of Powers: The Commission may, as required, delegate any of the powers conferred on it pursuant to the Constitution and this Act, subject to the specified conditions, to the Chairperson, a member, the Secretary of the Commission, or any officer employee of the Government of Nepal, Province or Local Level to exercise and comply accordingly. 22. Power to Make Rules: (1) The Commission may make necessary rules for the implementation of this Act.

(2) If the rules made pursuant to subsection (1) contain matters that impose financial burden or liability on the Government of Nepal, the consent of the Ministry of Finance shall be obtained.

(3) Rules made by the Commission pursuant to subsection (1) shall come into force from the date of publication in the Nepal Gazette. 23. Power to Make Directives or Procedures: The Commission may, subject to this Act and the rules made under this Act, make necessary directives or procedures for the smooth operation or causing of the work to be performed by the Commission.
Madhesi Commission Act, 2017

MADHESHI COMMISSION ACT, 2074

Date of Certification
2074.06.27

Amending Acts

1. Act to Amend Some Nepal Acts, 2075 2075.11.19

Act No. 20 of the year 2074

Preamble: Whereas, it is desirable to make necessary provisions regarding the Madheshi Commission for the protection and promotion of the identity, rights, and interests of the Madheshi community and for the empowerment of the Madheshi community,

The Legislature-Parliament pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Madheshi Commission Act, 2074."

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

(a) "Chairperson" means the Chairperson of the Commission and that word shall also refer to the acting Chairperson.

(b) "Commission" means the Madheshi Commission pursuant to Article 262 of the Constitution.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(d) "Madheshi Community" means the community defined by the Government of Nepal on the recommendation of the Commission.

(e) "Member" means a member of the Commission and that word shall also refer to the Chairperson.

(f) "Constitution" means the Constitution of Nepal. Chapter-2

Qualifications of Chairperson and Members and Conditions of Vacancy of Office

3. Qualifications of Chairperson and Members: The following person shall be qualified to be appointed to the post of Chairperson or Member of the Commission:-

(a) A Madheshi who has contributed for at least ten years in the field of protection and promotion of the rights and interests of the Madheshi community or empowerment of the Madheshi community or human rights or law,

(b) Has obtained a bachelor's degree from a recognized university,

(c) Is not a member of any political party at the time of appointment,

(d) Has completed forty-five years of age,

(e) Has high moral character. 4. Conditions of Vacancy of Office: The office of the Chairperson or Member of the Commission shall become vacant in any of the following circumstances:-

(a) If he/she submits a written resignation to the President,

(b) If his/her age completes sixty-five years,

(c) If the term of office pursuant to Sub-article (3) of Article 262 of the Constitution expires,

(d) If an impeachment motion pursuant to Article 101 of the Constitution is passed against him/her,

(e) If the President removes him/her from office pursuant to the recommendation of the Constitutional Council on the grounds that he/she is unable to remain in service and perform work due to physical or mental illness,

(f) If his/her death occurs. 5.
Madhesi Commission Act, 2017

8. May Seek Opinions and Advice: The Commission may coordinate, consult or seek opinions with other constitutional bodies, government offices or public institutions regarding its work and proceedings. 9. May Engage Services of Experts: If any work to be performed pursuant to this Act and prevailing federal law cannot be performed by the manpower working in the Commission, the Commission may, stating the reason therefor, engage the services of experts in accordance with prevailing federal law. 10. May Form Committees or Task Forces: (1) For the purpose of performing any work of a special nature related to the Commission, the Commission may, by prescribing procedures, form any committee or task force.

(2) The terms relating to the work or scope of work of the committee or task force formed pursuant to Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force.

(3) While forming a committee or task force pursuant to Sub-section (1), representation must be on the basis of the principle of proportional inclusion as provided in the Constitution. 11. May Coordinate and Cooperate: The Commission may coordinate and cooperate as necessary with government bodies or public institutions. Chapter-4

Operation of the Commission

12. Office of the Commission: (1) For the operation of the Commission, the office of the Commission shall be located in the Kathmandu Valley.

(2) The Commission may also establish offices at the provincial level as required. 13. Meeting of the Commission: (1) The work to be performed by the Commission pursuant to this Act shall be done according to the decision of the meeting of the Commission.

(2) The meeting of the Commission shall be held on such date, time and place as designated by the Chairperson as required.

(3) The Secretary of the Commission shall, by designating the date, time and place for the meeting of the Commission, send a notice including the agenda for discussion to all members generally forty-eight hours before the meeting time.

(4) If any Member wishes to discuss any subject other than the subjects mentioned in the agenda for discussion pursuant to Sub-section (3), such Member shall submit a notice stating the subject and reasons for such discussion to the Secretary of the Commission at least twenty-four hours before the meeting.
Madhesi Commission Act, 2017

Upon receipt of such notice, the Secretary of the Commission shall inform all members thereof, and such subject shall be deemed to be included in the agenda of the Commission.

(5) Notwithstanding anything contained in Sub-sections (3) and (4), with the consent of all members present at the meeting of the Commission, discussion may be held and decision may be made on subjects not included in the agenda.

(6) If more than fifty percent of the members currently holding office in the Commission are present, the quorum for the meeting of the Commission shall be deemed to be complete.

(7) The meeting of the Commission shall be chaired by the Chairperson.

(8) The decision of the Commission shall be by majority, and if the votes are equal, the Chairperson shall cast the deciding vote.

(9) The record of the decision of the Commission shall be prepared by the Secretary of the Commission and kept after obtaining the signatures of the Chairperson and Members. Amended by the Act to Amend Some Nepal Acts, 2075.(10) An officer of the Nepal Civil Service of the gazetted first class shall work as the Secretary of the Commission. Until such employee is appointed, the senior-most employee of the Commission shall work as the Secretary of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 14. Not to Participate in Decision-Making Process if Conflict of Interest: If any Member of the Commission has an interest, concern or stake in any subject under consideration in the Commission or if a close relative of such Member is directly affected, such Member shall give prior notice of such matter to the Commission and shall not participate in the decision-making process by the Commission on such subject. 15. Division of Work: The division of work of the Chairperson and Members shall be as prescribed by the Commission. 16. To Act as Acting: If the office of the Chairperson becomes vacant for any reason, Amended by the Act to Amend Some Nepal Acts, 2075.if he/she is unable to perform the functions of his/her office pursuant to Sub-article (6) of Article 101 of the Constitution, if he/she goes on a foreign visit, or if he/she remains on leave for more than seven days, the senior-most Member of the Commission shall act as the acting Chairperson of the Commission. 17. No Hindrance to Work and Proceedings of Commission: The work and proceedings of the Commission shall not be hindered merely by reason of the vacancy of the position of any Member. Chapter-5

Miscellaneous

18.