chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Town Development Act, 1988

11.2 It shall be the duty of the Committee to coordinate with the concerned bodies of the Government of Nepal while performing the functions under this Act. 12. May Operate Land Development Program:

12.1 In the course of planned town development, to fulfill the basic housing needs of persons of various income groups, to arrange housing plots, and for other urban activities, the Committee may, subject to the policies and directives of the Government of Nepal, operate land development programs as follows:-

12.1.1 To formulate a service facility related project in any part of the Town Plan area by mobilizing the participation of at least seventy-five percent of local landowners and tenants, and to operate a Guided Land Development Program by having the concerned body of the Government of Nepal, any corporate body, Amended by the First Amendment. the Municipality, or the local people invest in the work according to such project,

12.1.2 If there is consent of at least Amended by the Act Amending Some Nepal Acts, 2064 (2007). fifty-one percent of the landowners or tenants in any part of the Town Plan area, to consolidate various plots of land located in that area, to make arrangements for services and facilities in such land in accordance with the Town Plan, to recover the expenses incurred in making such service arrangements by selling developed plots, and to operate a Land Pooling Program by making arrangements to return the remaining developed plots to the original landowners or tenants on a proportional basis,

Added by the Third Amendment.12.1.2a If the Committee wishes to operate a Land Pooling Program in any part of the Town Plan area pursuant to Sub-section (12.1.2), or if at least Amended by the Act Amending Some Nepal Acts, 2064 (2007). fifty-one percent of the landowners or tenants of that place apply for the operation of a Land Pooling Program by delineating the four boundaries in an area where no land development program has been operated under this Section, the Committee may operate a Land Pooling Program in a place where at least fifty families reside. Added by the Third Amendment.12.1.2b If a Land Pooling Program is to be operated pursuant to Sub-section (12.1.2a), the Committee shall form a Consumer Committee from among the consumers to mobilize the participation of local landowners or tenants, and shall operate the Land Pooling Program with the assistance of the Consumer Committee. Added by the Third Amendment.12.1.2c While operating a Land Pooling Program pursuant to Sub-section (12.1.2b), the Committee shall, following the procedure under Section 8, impose a freeze for a maximum of two years prohibiting the subdivision or physical alteration of immovable property located in that area.
Town Development Act, 1988

Added by the Third Amendment.12.1.2c While operating a Land Pooling Program pursuant to Sub-section (12.1.2b), the Committee shall, following the procedure under Section 8, impose a freeze for a maximum of two years prohibiting the subdivision or physical alteration of immovable property located in that area. Added by the Third Amendment.12.1.2d While operating the Land Pooling Program, the Committee shall, after consulting the Consumer Committee, determine whose land and how much area of land of which landowner or tenant should be set aside to provide services and facilities including roads, drainage, open spaces, drinking water, electricity, and others in that area, based on the prevailing price of the land in that area, original roads, and other facilities. Added by the Third Amendment.12.1.2e After the land has been set aside pursuant to Sub-section (12.1.2d), for the purpose of returning the developed plots to the original landowners or tenants pursuant to Sub-section (12.1.2), the Committee shall convert all plots of land falling within that area into a single plot, and subject to Sub-section (12.1.2g), shall send a letter to the concerned registration office to impose a freeze for a maximum of one year prohibiting the transfer of any right over any immovable property in that area for any reason, and upon receipt of such information, the concerned office shall not register any transfer of right over any immovable property in that area for any reason. Added by the Third Amendment.12.1.2f After the freeze on transfer of rights has been imposed pursuant to Sub-section (12.1.2e), the Committee shall, within the time limit mentioned in that same sub-section, return the developed plots to the original landowners or tenants along with a provisional certificate pursuant to Sub-section (12.1.2). Added by the Third Amendment.12.1.2g After returning the developed plots along with a provisional certificate to the concerned landowners or tenants pursuant to Sub-section (12.1.2f), the Committee shall send a letter to the concerned survey branch and Land Revenue or Land Revenue Office to reconcile the map according to such certificate, to prepare landowner registration records accordingly, and to prepare and distribute landowner registration certificates; and the concerned survey branch and Land Revenue or Land Revenue Office shall also reconcile the map, prepare landowner records, and prepare and distribute landowner registration certificates to the concerned landowners or tenants accordingly. Added by the Third Amendment.12.1.2j Notwithstanding anything contained in the prevailing law, after the map is reconciled and new landowner registration records and landowner certificates are prepared pursuant to Sub-section (12.1.2g), the original map of the area where the Land Pooling Program was operated and all the original records and registers of the landowners or tenants in that area shall automatically stand void.
Town Development Act, 1988

12.1.3 To operate a Sites and Services Program by having land in any part of the Town Plan area acquired from the Government of Nepal pursuant to Section 16, and by the Committee itself or through any corporate body, making arrangements for services and facilities on such land, preparing plots, and selling and distributing them,

Added by the Third Amendment.12.1.3a While selling and distributing plots pursuant to Sub-section (12.1.3), the Committee shall give priority to the original landowners and tenants who do not have plots or land in that Town Plan area. Plots sold and distributed in this manner shall not be subdivided without prior approval of the Committee. 12.1.4 If, for the operation of a land development program pursuant to the above sub-sections, the consolidated or acquired land of any landowner is less than the minimum unit plot area determined according to the land development program, such landowner shall be provided one plot of the minimum unit upon payment of the expenses incurred. Added by the Third Amendment.12.1.5 If any landowner having land less than the minimum unit area pursuant to Sub-section (12.1.4) is unable to take a plot by paying the expenses determined by the Committee, the Committee shall itself take such land of the landowner or tenant and provide compensation to him/her amounting to the prevailing price of such land. Added by the Second Amendment.12.2 In the course of implementing a Guided Land Development program, if a road construction requires a piece of land at the entrance of such land belonging to a person, and such person does not agree to give up the land and there is no other way to open the road, such land shall be acquired pursuant to Section 16. Of the compensation amount payable for acquiring land in such manner, fifty percent shall be borne by the Committee and the remaining fifty percent shall be borne by the persons benefitted by the implementation of the land development program. Added by the Second Amendment.12.3 To operate a Guided Land Development program, the Committee may form a Consumer Committee to mobilize the participation of local landowners and tenants, and it shall be the duty of such Consumer Committee to assist in the operation of the Committee's program. Added by the Second Amendment.12.4 If landowners and tenants submit an application to the Committee requesting the implementation of a Guided Land Development program by delineating its four boundaries in a place where the Committee has not implemented such a program, the Committee may implement a Guided Land Development program if it appears that at least fifty families can reside.
Town Development Act, 1988

While implementing a Guided Land Development program in this manner, if any land needs to be acquired, the entire compensation amount for the land so acquired shall be borne by the local people benefitted by the implementation of such program. Amended by the Third Amendment.12a. Approval and Operation of Physical Development Related Plan:

12a.1 If any Organization wishes to operate a physical development related plan in an area where a Town Plan is in effect, it shall formulate such plan and get it approved by the Committee. 12a.2 After getting the plan approved by the Committee pursuant to Sub-section (12a.1), the concerned Organization shall operate the physical development related plan according to the conditions or standards prescribed by the Committee. Added by the Third Amendment.12b. May Provide Assistance and Exemptions to Organizations:

12b.1 The Committee may recommend to the concerned body to provide any of the following facilities to an Organization operating a physical development related plan:-

12b.1.1 To provide technical assistance for operating the physical development related plan,

12b.1.2 To recommend providing loans to such Organization from finance companies, financial institutions, or banks at concessional rates as in the case of a priority sector for purchasing land required by it,

12b.1.3 To provide land required by such Organization according to the prevailing law. 12b.2 If any Organization is required to purchase land in connection with the formulation and operation of a physical development related plan, the Government of Nepal may, upon the recommendation of the Committee, grant a fifty percent exemption in the registration fee payable on the purchase of such land. Provided that, if the physical development related plan operated by such Organization cannot be implemented for any reason, such Organization shall pay to the Government of Nepal the amount equivalent to the registration fee exempted by the Government of Nepal along with interest on such amount as per the prevailing law. 12b.3 If any Organization is to be exempted from the ceiling limit to purchase more land for the operation of a physical development related plan, the Government of Nepal may, upon the recommendation of the Committee and subject to the conditions and agreement prescribed by the concerned body granting the ceiling exemption, grant an exemption, by publishing a notice in the Nepal Gazette, from the application of the ceiling limit provision according to the prevailing law in respect of such land of such Organization. Provided that, if such plan is not implemented at all, or if the Committee decides that it has not been implemented according to the conditions or standards prescribed by the Committee, such Organization shall not be entitled to the facility relating to the land ceiling limit. Added by the Third Amendment.12c.
Town Development Act, 1988

Added by the Third Amendment.12c. Local Level May Operate Land Development Program:

12c.1 The Amended by the Act Amending Some Nepal Acts, 2072 (2015). Local Level may, if it wishes, operate a land development program in any part of its area pursuant to Section 12. 12c.2 If the Amended by the Act Amending Some Nepal Acts, 2072 (2015). Local Level is to operate a land development program pursuant to Sub-section (12c.1), it shall obtain a recommendation from the Committee where a Committee is formed; from the Town Development District Coordination Committee where a Committee is not formed; and from the Town Development Central Coordination Committee where such a committee is also not formed, and have such program approved by the Ministry. 12c.3 While operating a land development program pursuant to Section 12, the Amended by the Act Amending Some Nepal Acts, 2072 (2015). Local Level shall have the same powers as the Committee under this Act, and the Amended by the Act Amending Some Nepal Acts, 2072 (2015). Local Level shall also follow the procedure and other arrangements to be adopted by the Committee under this Act while operating such land development program. 12c.4 The Ministry or the Committee may provide technical and financial facilities to the Amended by the Act Amending Some Nepal Acts, 2072 (2015). Local Level operating a land development program pursuant to Sub-section (12c.1). 13. Power to Mobilize Financial Resources: The Committee may, with the prior approval of the Government of Nepal, take loans, receive grants, or mobilize financial resources through any other means to meet the expenses required for the smooth conduct of its work. Added by the Third Amendment.13a. Approval Required for Granting Grant, Assistance, Loan: While giving grant, assistance, or loan of its movable and immovable property to any person or organization, the Committee shall obtain the prior approval of the Government of Nepal. 14. Fund of the Committee:

14.1 There shall be a separate fund of the Committee. The following amounts shall be deposited into that fund:-

14.1.1 Grants received from the Government of Nepal,

14.1.2 Amounts received from any international or foreign organization through the Government of Nepal,

14.1.3 Amounts earned from the movable and immovable property of the Committee,

14.1.4 Any other amounts received by the Committee. 14.2 All amounts of the Committee shall be deposited in the Nepal Rastra Bank or any commercial bank in the name of the Committee. 14.3 All expenses to be incurred on behalf of the Committee shall be borne from the fund pursuant to Sub-section (14.1). 14.4 The operation of the account of the Committee shall be as prescribed. 15.
Town Development Act, 1988

14.3 All expenses to be incurred on behalf of the Committee shall be borne from the fund pursuant to Sub-section (14.1). 14.4 The operation of the account of the Committee shall be as prescribed. 15. Accounts and Audit of the Committee:

15.1 The accounts of the Committee shall be maintained according to the prevailing format and method of the Government of Nepal. 15.2 The audit of the Committee shall be conducted by the Office of the Auditor General. 15.3 The Government of Nepal may, if it wishes, inspect or cause to be inspected the accounts, documents, and other cash and kind of the Committee at any time. 16. Acquisition of Land: The Ministry may, according to the prevailing law, acquire land required for the implementation of the Town Plan and make it available to the Committee. 17. Formation and Functions, Duties and Powers of Town Development Central Coordination Committee:

17.1 To bring coordination in the work and proceedings of Committees formed in various areas, markets, Amended by the First Amendment. rural areas, urban areas, and regional development centers of Nepal, Deleted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 (2009). the Ministry may form one Town Development Central Coordination Committee by publishing a notice in the Nepal Gazette. 17.2 Fifty percent of the total number of members in the Committee shall be public representatives and social workers. 17.3 The members of the Committee formed pursuant to Sub-section (17.1) and their term of office shall be as prescribed in the notice issued pursuant to that same sub-section. 17.4 If the Ministry deems necessary, it may, by publishing a notice in the Nepal Gazette, subject to Sub-section (17.2), make necessary additions, deletions, or changes to the members of the Committee formed pursuant to Sub-section (17.1). 17.5 The functions, duties, and powers of the Committee formed pursuant to Sub-section (17.1) shall be as prescribed. Added by the Third Amendment.17a. Formation of Town Development District Coordination Committee:

17a.1 To bring coordination at the district level in the work and proceedings of Committees formed in various areas, markets, rural areas, and urban areas of Nepal, Deleted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 (2009). the Ministry may form a Town Development District Coordination Committee by publishing a notice in the Nepal Gazette. 17a.2 Fifty percent of the total number of members in the Committee formed pursuant to Sub-section (17a.1) shall be public representatives and social workers. 17a.3 The term of office of the Chairperson and members of the Committee formed pursuant to Sub-section (17a.1) shall be as prescribed in the notice issued pursuant to that same sub-section.
Town Development Act, 1988

17a.3 The term of office of the Chairperson and members of the Committee formed pursuant to Sub-section (17a.1) shall be as prescribed in the notice issued pursuant to that same sub-section. 17a.4 If the Ministry deems necessary, it may, by publishing a notice in the Nepal Gazette, subject to Sub-section (17a.2), make necessary changes to the members of the Committee formed pursuant to Sub-section (17a.1). 17a.5 The functions, duties, and powers of the Committee formed pursuant to Sub-section (17a.1) shall be as prescribed. 18. Penalty:

18.1 If any person does any matter regulated, controlled, or prohibited by the Committee under Section 9 without prior approval of the Committee, or does so contrary to any condition or standard Amended by the Third Amendment. prescribed while granting approval, the Committee may, considering the gravity of the offense and the status of the accused, impose a penalty of a fine up to Amended by the Second Amendment. one hundred thousand rupees or imprisonment up to one year or both. 18.2 If any person obstructs or opposes any work or proceeding done or being done by the Committee under this Act or the Rules made under this Act, the Committee may impose a penalty on such person of Amended by the Second Amendment. a fine up to twenty-five thousand rupees or imprisonment up to six months or both. 18.3 If any person does any act contrary to the order or direction given by the Committee under this Act or the Rules made under this Act, the Committee may impose a fine on such person up to five thousand rupees. 18.4 If any person does any act contrary to this Act or the Rules made under this Act other than those mentioned above, the Committee may impose a fine on such person up to five thousand rupees. Added by the Second Amendment.18.5 When the Committee imposes a penalty of imprisonment pursuant to Sub-section (18.1) or (18.2), it shall be implemented only after being confirmed by the Appeal Committee under Section 20 upon submission of a reference. 19. Appeal: A person not satisfied with the order of penalty given by the Committee under Section 18 may appeal to the Appeal Committee under Section 20 within thirty-five days from the date of receipt of such penalty order. 20. Appeal Committee:

Amended by the Act Amending Some Nepal Acts, 2072 (2015).20.1 The Government of Nepal may, as necessary, form Appeal Committees to hear appeals against orders given by the Committee under Section 10 or 18.
Provincial Public Service Commission (Determination of Grounds and Standards) Act, 2019

1. Short Title and Commencement: (1) This Act may be cited as the "Provincial Public Service Commission (Determination of Basis and Standards) Act, 2075".

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

(a) "Chairperson" shall be understood to refer to the Chairperson of the Commission.

(b) "Commission" shall be understood to refer to the Provincial Public Service Commission pursuant to Article 244 of the Constitution.

(c) "Provincial Other Government Service" shall be understood to refer to government services, other than the Provincial Civil Service and the Provincial Police Service, established pursuant to provincial law.

(d) "Provincial Civil Service" shall be understood to refer to the service of the Provincial Government, excluding the Provincial Police Service, Provincial Other Government Service, and services designated by provincial law as not being the Provincial Civil Service.

(e) "Provincial Police Service" shall be understood to refer to the Provincial Police Service established by law.

(f) "Organized Institution" shall be understood to refer to any corporation, company, bank, committee, or other organized institution of a similar nature, such as commissions, corporations, authorities, companies, foundations, boards, centers, councils, established pursuant to provincial law or formed by the Provincial Government, in which the Provincial Government owns or controls fifty percent or more shares or assets.

(g) "Member" shall be understood to refer to a Member of the Commission.

(h) "Local Level" shall be understood to refer to a Rural Municipality or a Municipality.

(i) "Local Government Service" shall be understood to refer to the local service established by law pursuant to subsection (3) of Article 285 of the Constitution.

(j) "Service of Organized Institutions of Local Level" shall be understood to refer to the service of organized institutions of the local level established pursuant to local law at the local level.

(k) "Constitution" shall be understood to refer to the Constitution of Nepal. 3.
Provincial Public Service Commission (Determination of Grounds and Standards) Act, 2019

3. Basis for Formation of Commission: (1) The Commission shall consist of a maximum of three Members, including the Chairperson, with at least one woman among them.

(2) There shall be a Recommendation Committee, chaired by the Chief Minister of the Province, and comprising the Speaker of the Provincial Assembly and the Leader of the Opposition Party in the Provincial Assembly, to recommend the appointment of the Chairperson and Members.

(3) The Recommendation Committee pursuant to subsection (2) shall recommend for appointment to the positions of Chairperson and Member on the basis of the principle of proportional inclusion.

(4) The Provincial Head shall appoint the Chairperson and Members on the basis of the recommendation of the Committee pursuant to subsection (2).

(5) A Nepali citizen possessing the following qualifications shall be eligible for appointment to the position of Chairperson or Member:-

(a) Having obtained a master's degree from a recognized university,

(b) Not being a member of any political party at the time of appointment,

(c) Having completed the age of forty-five years in the case of Chairperson and thirty-five years in the case of Member,

(d) Having high moral character.

(6) Among the Members of the Commission, at least one Member shall be appointed from among persons who have been in any government service for a period of twenty years or more, and the remaining Members shall be appointed from among persons who have gained renown through research, investigation, teaching, or any other significant work in the fields of science, technology, arts, literature, law, public administration, sociology, or other areas of national life.

(7) The term of office of the Chairperson and Members shall be six years from the date of appointment. 4.
Provincial Public Service Commission (Determination of Grounds and Standards) Act, 2019

4. Basis for Vacancy of Office: (1) Provision shall be made in provincial law for the vacancy of the office of the Chairperson and Member of the Commission on the following basis:-

(a) If they submit a written resignation to the Provincial Head,

(b) If they have completed the age of sixty-five years,

(c) If removed from office pursuant to subsection (5),

(d) If the Provincial Head removes them from office upon the recommendation of the Committee referred to in subsection (2) of Section 3, based on the recommendation of a Medical Board formed by the Provincial Government stating they are incapable of performing their duties while in service due to physical or mental illness,

(e) Upon their death.

(2) If the Chairperson or Member has committed a serious violation of the Constitution and prevailing law, has lack of competence or bad conduct, has not faithfully performed their official duties, or has seriously violated the code of conduct, and is thereby unable to fulfill their official responsibilities, a motion of accusation against the Chairperson or Member may be tabled by one-fourth of the total number of members then serving in the Provincial Assembly.

(3) If a motion of accusation is tabled and registered pursuant to subsection (2), an Investigation Committee shall be formed in the Provincial Assembly to investigate whether the bases and reasons mentioned in such motion exist and to submit a report.

(4) Provisions relating to the investigation of a motion of accusation against the Chairperson or Member shall be as specified in provincial law.

(5) If the Committee constituted pursuant to subsection (3) submits a proposal with a recommendation to remove the Chairperson or Member to the Provincial Assembly, and the proposal is passed by a two-thirds majority of the total number of members then serving in the Provincial Assembly, the Chairperson or Member shall be removed from office.

(6) A person removed from office pursuant to subsection (5) shall not be entitled to receive any benefits from such office and shall not be eligible for appointment or nomination to any public office in the future. 5.
Provincial Public Service Commission (Determination of Grounds and Standards) Act, 2019

5. Re-appointment: (1) The Chairperson and Members shall not be re-appointed, and they shall not be eligible for appointment to any government service.

(2) Notwithstanding anything contained in subsection (1), the Chairperson and Members may be eligible for appointment to the following positions under the following circumstances:-

(a) To be appointed as an office-bearer of a constitutional body,

(b) For a Member of the Commission to be appointed to the position of Chairperson of the same Commission,

(c) To be appointed to any political position or to any position for conducting research, inquiry, or investigation of any subject, or for studying or exploring any subject and submitting opinions, views, or recommendations.

(3) If a Member of the Commission is to be appointed to the position of Chairperson of the same Commission, while calculating their term of office, the period during which they served as a Member shall also be added and calculated. 6. Functions, Duties, and Powers of the Commission: While making provisions in provincial law regarding the functions, duties, and powers of the Commission, the following bases and standards must be followed:-

(a) The fundamental philosophy and principles of the legal provisions in force concerning the Public Service Commission, and

(b) The practices, methods, and standards adopted by the Public Service Commission regarding works and actions including the type of examination to be conducted for selecting suitable candidates for various services, curriculum design, determination of testing methods, selection of experts, question paper preparation and modification, examination conduct, use of code numbers on answer sheets, answer sheet evaluation, interview conduct, result publication, and recommendation. 7. Conduct of Examinations: (1) While selecting suitable candidates for the appointment of employees to positions in the Provincial Civil Service, Provincial Other Government Service, service of provincial organized institutions, local government service, and service of organized institutions of local level, the Commission may, in addition to written examination, adopt any one or more of the following methods:-

(a) Practical examination,

(b) Interview, and

(c) Other methods as specified by the Commission from time to time.

(2) The Commission shall conduct the written examination to be taken for filling positions in the Provincial Police Service. 8. Medium Language of Examination: (1) The medium language of the written examination conducted by the Commission shall be the language of the federal government's official work.

(2) In addition to the language mentioned in subsection (1), English or the language of official work determined pursuant to provincial law may also be the medium language of the examination. 9.
Provincial Public Service Commission (Determination of Grounds and Standards) Act, 2019

9. Request to the Public Service Commission: The Provincial Government may, upon the recommendation of the Commission, request the Public Service Commission through the Government of Nepal to conduct any examination that the Commission is to conduct. 10. Permanent Appointment and Consultation: (1) Permanent appointment shall not be made to positions in the Provincial Civil Service, Provincial Other Government Service, service of provincial organized institutions, local government service, and service of organized institutions of local level without the consultation of the Commission.

(2) The consultation of the Commission must be sought on the following matters:-

(a) On the matter of the suitability of candidates when making appointments for a period exceeding six months to positions in the Provincial Civil Service, Provincial Other Government Service, and local government service,

(b) On matters of law relating to the service and conditions of employees of positions in the Provincial Civil Service, Provincial Other Government Service, service of provincial organized institutions, local government service, and service of organized institutions of local level,

(c) On matters of principles to be adopted while making appointments, promotions, and departmental actions to positions in the Provincial Civil Service, Provincial Other Government Service, service of provincial organized institutions, local government service, and service of organized institutions of local level,

(d) On matters of principles to be adopted while making appointments and promotions to positions in the Provincial Police Service,

(e) On matters of the suitability of candidates when transferring or promoting from one type of Provincial Civil Service or local government position to another type of Provincial Civil Service or local government service position, or from Provincial Other Government Service to a position in the Provincial Civil Service or local government service, and

(f) On matters of departmental punishment to be given to employees of the Provincial Civil Service, Provincial Other Government Service, or local government service. 11. Principles and Standards to be Adopted: (1) To make the selection of candidates for the filling of positions in the Provincial Civil Service, Provincial Police Service, Provincial Other Government Service, service of provincial organized institutions, local government service, and service of organized institutions of local level transparent, impartial, and reliable, the Commission shall adopt the principles and standards adopted by the Public Service Commission pursuant to federal law.

(2) The principles and standards pursuant to subsection (1) shall be made public by the Public Service Commission.

(3) For conducting works and actions in accordance with the principles and standards pursuant to subsection (1), the Public Service Commission may coordinate and cooperate with the Commission as necessary.

(4) Any work or action done by the Commission contrary to subsection (1) shall be deemed to be automatically void. 12.
Explosives Act, 1961

Explosive Substances Act, 2018

Seal Date
2018.2.13

Publication Date
2018.2.15

Amending Acts
1. Nepal Act (Amending) Act, 2018 2018.7.30 2018.8.1
2. Nepal Acts Amending Act, 2018 2018.8.23 2018.9.13
3. Nepal Acts Amending, Repealing and Reorganizing for Continuance Act, 2019 2019.12.30
4. Explosive Substances (First Amendment) Act, 2031 2031.6.20
5. Explosive Substances (Second Amendment) Act, 2048 2048.7.14

Certification and Publication Date
6. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
7. Some Nepal Acts Amendment Act, 2072 2072.11.13
8. Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074 2074.6.30

Act No. 8 of the year 2018



An Act Made to Regulate the Production, Use, Sale, Transport and Import of Explosive Substances

Preamble: Amended by the Nepal Acts Amending, Repealing and Reorganizing for Continuance Act, 2019. Whereas it is desirable to regulate the production, keeping, use, sale, transport and import of explosive substances for maintaining peace and order;

Now, therefore, the Federal Parliament has enacted this Act. This Act is made by His Majesty King Mahendra Bir Bikram Shah Dev Amended by the Nepal Acts Amending, Repealing and Reorganizing for Continuance Act, 2019. in accordance with Article 93 of the Constitution of Nepal. 1. Short Title, Extent and Commencement: (1) Amended by the Nepal Acts Amending Act, 2018. This Act may be called the "Explosive Substances Act, 2018".

(2) This Act shall apply throughout Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force on the date specified by the Government of Nepal by publishing a notice in the Nepal Gazette. Notice published in the Nepal Gazette dated 2020.8.29 bringing the Act into force from the date 2020.8.29. 2.
Explosives Act, 1961

Notice published in the Nepal Gazette dated 2020.8.29 bringing the Act into force from the date 2020.8.29. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) Amended by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. "Explosive substance" means I.E.D., T.N.C., Amatol, Barotol, Pentolite, Rapid Detonating Explosive (R.D.X), Torpex, Blasting Explosive, Dynamite, Gunpowder, Nitroglycerine, Gelignite, Stemite, Celsite, Detonator, Blasting Cap, Electric Blasting Cap, Fuse, Fireworks, Firecrackers, Gun Cotton, Gun Powder, Blasting Powder, Fulminate of Mercury or any other metal, any other substance of a similar explosive nature, or any substance specified by the Government of Nepal from time to time by publishing a notice in the Nepal Gazette, and the term also includes a bomb.

(a1) Added by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. "Bomb" means a grenade or any other object or substance of a similar explosive nature containing an explosive substance, made to explode by itself or by any other substance, by means of any explosive substance or any other device, formula, process or method."

(b) "Production" includes the method of separating or breaking an explosive substance into parts, or the method of repairing a damaged explosive substance to make it usable, and also the method of remaking, altering or repairing an explosive substance.

(c) "Carrier" includes motor, vehicle, cart, rickshaw, boat, tonga, and any other means of transport carrying goods or passengers by water, land or air.

(d) "Import" means the act of bringing into Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(e) "License" means a license granted under this Act.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. 3. Power to Declare Explosive Substances: The Government of Nepal may, from time to time, by publishing a notice in the Nepal Gazette, declare any substance to be an explosive substance if it appears that, due to the presence of explosive elements in it or due to the possibility of any kind of explosion when adopting the methods required in the process of its production, there is a danger to the life or property of persons; and every substance so declared shall be deemed to be an explosive substance for the purposes of this Act. 4. License Required: (1) Amended by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. A person wishing to produce, keep, use, sell, transport or carry, or import explosive substances shall obtain a license in accordance with this Act.
Explosives Act, 1961

4. License Required: (1) Amended by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. A person wishing to produce, keep, use, sell, transport or carry, or import explosive substances shall obtain a license in accordance with this Act. The format of each such license, the fee payable therefor, and its validity period shall be as prescribed.

(2) A person wishing to obtain a license for the production, keeping, use, sale, transport or carriage, or import of any explosive substance, or to renew such license, shall submit an application in the prescribed form, containing the prescribed particulars, to the Chief District Officer.

(3) Subject to this Act or the rules made thereunder, the Chief District Officer may, after giving notice to the concerned licensee of any matter written in a license, make amendments if deemed necessary.

(4) Any person wishing to amend his license shall submit an application to the Chief District Officer stating the amendment desired and the reason therefor. The fee for such amendment shall be as prescribed. 4a. Record of Production or Transaction to be Maintained: Added by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. (1) A person licensed to produce or deal in explosive substances shall maintain a separate record of each explosive substance produced, manufactured, prepared or dealt with, each time such production, manufacture, preparation or transaction occurs.

(2) The record under subsection (1) shall, in addition to other matters, contain the following details:-
(a) what types of explosive substances and in what quantity were produced, prepared or manufactured;
(b) if any transaction of explosive substances took place, for what purpose the transaction occurred;
(c) if any sale or distribution of explosive substances took place, to which person, for what purpose, and in what quantity the sale or distribution was made.

(3) The record maintained under subsection (1) shall be made available by the person dealing in explosive substances to the Chief District Officer, an officer conducting inquiry or prosecution of a case, or an officer hearing a case, upon demand.

(4) A person acting contrary to this section shall be liable to imprisonment for a term up to three months or a fine of up to five thousand rupees or both. 4b. Precautions to be Taken: Added by the Some Nepal Laws Amending, Consolidating, Adjusting and Repealing Act, 2074. A person licensed to deal in explosive substances shall, when using, transporting or carrying, or storing such substances, use them ensuring sufficient safety according to the nature of such substance, or transport, carry or store them cautiously by placing them in appropriate containers. 5.
Explosives Act, 1961

A person licensed to deal in explosive substances shall, when using, transporting or carrying, or storing such substances, use them ensuring sufficient safety according to the nature of such substance, or transport, carry or store them cautiously by placing them in appropriate containers. 5. Power of Government of Nepal to Prohibit and Regulate Production, Use, Sale, Transport, Import and Keeping of Explosive Substances: Notwithstanding anything contained in any other section of this Act, the Government of Nepal may, if it deems necessary for public safety, from time to time, by publishing a notice in the Nepal Gazette, wholly or partially prohibit the production, keeping, use, sale, transport or import of any explosive substance. 6. Power to Inspect, Search, Seize, Attach and Remove: (1) The Chief District Officer or any gazetted police officer or, at a minimum, a police officer of the rank of Deputy Inspector, deputed by him, may enter any place or carrier where any explosive substance is being produced, kept, used, sold, transported or imported under a license, inspect and examine it, and take samples of any explosive substance found there upon payment of the value.

(2) If there is reasonable cause to believe that in any place or carrier, any explosive substance is being produced, kept, used, sold, transported or imported in contravention of this Act or the rules made thereunder, the Chief District Officer or any gazetted officer deputed by him, or, at a minimum, a police officer of the rank of Deputy Inspector, may enter such place or carrier, inspect and examine, search, and if any such explosive substance is found, seize and attach it. 7. Power to Arrest: (1) Amended by the First Amendment.
Explosives Act, 1961

7. Power to Arrest: (1) Amended by the First Amendment. If it becomes necessary to arrest any person in connection with an investigation of any offense under this Act, the investigating officer shall submit an application to the court hearing the case, stating the reason for arrest and details identifying such person, for permission to arrest.

(2) If the reason for arrest appears reasonable from the application under subsection (1), the court hearing the case may grant permission to issue an arrest warrant.

(3) The police shall arrest the person for whom the arrest warrant has been issued under subsection (2) and produce him before the court hearing the case within twenty-four hours, excluding the travel time.

(4) If any person is found about to commit any offense punishable under this Act, and if it appears that such act may cause an explosion or fire at or around any place where explosive substances are produced or stored, or any railway line, any airport, or any carrier, the person in possession of such place, or his representative, or any other person authorized by him, or the owner or employee of public transport, or any employee of the railway administration or airport, shall make arrangements to prevent such person from escaping and inform the police.

(5) Notwithstanding anything contained in subsection (1), in the situation mentioned in subsection (4), or if there is reasonable cause that such person may escape, flee or destroy evidence, proof or testimony if not arrested immediately, the police may arrest such person without an arrest warrant, and the arrested person shall be produced before the court hearing the case within twenty-four hours, excluding the travel time. 8. Notice of Accident: If an explosion or fire occurs at a place where explosive substances are being produced, kept or used, or at or around any carrier where explosive substances are being transported or loaded or unloaded, causing loss of life or property, or substantial damage, the person currently in possession of such place, or the owner or current driver of such carrier, shall give notice of such occurrence to the officer-in-charge of the nearest police post or station, in the prescribed manner and within the prescribed period. 9.
Explosives Act, 1961

9. Investigation of Accident: (1) If any accident as described in section 8 occurs at or around any place or carrier under the control of the Nepali Army, the concerned officer of the Nepali Army shall investigate the cause of such accident; and if such accident occurs elsewhere, the Chief District Officer shall investigate the cause of such accident.

(2) The military officer conducting the investigation under subsection (1) or the officer deputed by the Government of Nepal under subsection (4) shall have all powers equal to those of a Chief District Officer, and may also exercise the powers exercisable by a Chief District Officer under section 6, if deemed necessary and appropriate for the purpose of such investigation.

(3) The person investigating any accident under this section shall, after completing the investigation, submit a written report to the Government of Nepal stating the cause and circumstances of the accident.

(4) After receiving the report under subsection (3), or even before receipt, the Government of Nepal may, if deemed necessary having regard to the nature of the accident, order the cessation of the investigation under subsection (1) and may cause the cause of such accident to be investigated by any other officer it deems appropriate.

(5) The officer deputed to conduct an investigation under this section shall have the same powers as a court of first instance under the prevailing Nepal law with respect to summoning witnesses, requiring the production of documents and other important goods, and recording statements and depositions. Amended by the First Amendment.10. Penalties and Confiscation: (1) If any person produces, keeps, uses, sells, transports or imports the following explosive substances without obtaining a license under section 4, or in contravention of section 5, such person shall be liable to the following penalties for each offense:-

(a) If the substance is nitroglycerine, dynamite, blasting powder, or fulminate of mercury or metal, imprisonment for up to two years or a fine of up to Amended by the Second Amendment.twenty thousand rupees, or both;

(b) If the substance is an explosive substance other than those mentioned in clause (a) and fireworks and firecrackers, imprisonment for up to one year or a fine of up to Amended by the Second Amendment.ten thousand rupees, or both;

(c) If the substance is fireworks or firecrackers, a fine of up to Amended by the Second Amendment.one thousand rupees.
Explosives Act, 1961

Provided that, when imposing punishment in respect of the same explosive substance, if punishment is imposed for production, import or use, there shall be no separate punishment for keeping such substance in possession; and if punishment is imposed for import, use or sale, there shall be no separate punishment for transport.

(2) If any person violates the conditions of a license obtained under section 4, or violates any rule made under this Act, such person shall be liable to a fine of up to Amended by the Second Amendment.five thousand rupees for matters under clause (a) of subsection (1), up to Amended by the Second Amendment.two thousand five hundred rupees for matters under clause (b), and up to Amended by the Second Amendment.five hundred rupees for matters under clause (c). Explanation: If the license period has expired, or if an act is done which the license does not authorize, it shall be considered as not having obtained a license and action and punishment shall follow accordingly.

(3) Explosive substances related to an offense under section 4 or 5 shall be confiscated and shall vest in the Government of Nepal. 11. Saving of Nepal Law Relating to Arms and Ammunition: Nothing in this Act shall affect anything in the Nepal law relating to arms and ammunition. Provided that, if the Chief District Officer, who grants a license for the production, keeping, use, sale, transport or import of an explosive substance, has the power under the rules made under this Act, he may write in such license that it shall be recognized as if granted under the Nepal law relating to arms and ammunition. 12. Punishment Possible under Other Nepal Law: If an offense is punishable under this Act and also under any other Nepal law, nothing in this Act or the rules made thereunder shall prevent the prosecution of any person under such other Nepal law, or the imposition of punishment under such other Nepal law which provides for a higher penalty than this Act. 13. Exemption and Power of Non-Application: (1) Nothing in this Act shall apply to the production, keeping, use, transport or import of explosive substances by the following persons or authorities:-

(a) By the Nepali Army in accordance with the rules made by the Government of Nepal; and

(b) By any ministry, department or office of the Government of Nepal.

(2) The Government of Nepal may, by publishing a notice in the Nepal Gazette, direct that all or any provisions of this Act or the rules made thereunder shall not apply to any explosive substance, either wholly or subject to certain conditions. 14.