chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Postal Act, 1962

Two hundred. 54. Punishment for Violating Section 16 or Section 17: (1) If any person, in violation of Section 16 or Section 17, sends or delivers for sending any postal article or other article by post, such person shall be punished with imprisonment for a maximum term of one year Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to ten thousand rupees, or both.

(2) Notwithstanding that the postal article is detained in the post office upon being accused of having been sent in violation of the matters mentioned in Section 16 or Section 17, the sender shall not be precluded from taking any action based on the assumption that delivery of the article was made in due course. 55. Punishment for Damaging a Letter Box: If any person places fire, matches, a lamp, or explosive, dangerous, dirty, foul-smelling, or harmful substances, or liquids, in a letter box placed by a post office for depositing postal articles, or makes a mess in the letter box, or does any act likely to cause damage to any part of the letter box or the articles contained therein, Amended by the Fourth Amendment.such person shall be made to repair the damaged letter box and shall be liable to a fine of up to five hundred rupees. 56. Punishment for Defacing a Post Office or Letter Box: If any person defaces a post office or a letter box placed by a post office for depositing postal articles by affixing, placing, or painting any advertisement, notice, poster, writing, board, or any other article, or by applying paint or in any other manner, Amended by the Fourth Amendment.such person shall be made to repair the defaced letter box and shall be liable to a fine of up to five hundred rupees. 57. Punishment for Submitting False Statements: If any person required to fill out a statement regarding any postal article dispatched by post, or any article contained therein, or its value, knowingly submits any false statement, such person shall be liable to a fine of up to Amended by the Second Amendment.one thousand rupees. 58.Amended by the Second Amendment.
Postal Act, 1962

58.Amended by the Second Amendment. Punishment for Detaining or Opening Mail, or Allowing Mail Bags to Get Wet, or Delaying Transfer: If any person, otherwise than under this Act or under an order of the Government of Nepal or of a competent authority or court, while mail, bags, or postal articles are in the course of dispatch by post, stops for any reason or opens them before they reach the specified destination, or allows mail bags to get wet, or obstructs or opposes an employee engaged in the transfer of mail or postal articles, such person shall be punished with imprisonment for a term up to three months Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to five thousand rupees, or both. 59. Punishment for Retaining a Misdelivered Postal Article or Mail Bag: If any person, by fraud, retains or knowingly suppresses, throws away, detains, or fails to return, or refuses to return any postal article or mail bag addressed to another person which came into their possession in the course of dispatch by post, upon the order of a post office employee, such person shall be liable to a fine of up to Amended by the Second Amendment.two thousand rupees. 60. Punishment for Obstructing Delivery of a Letter: If any person, with specific malice to harm another person, opens or causes to be opened any letter intended for that person, or in any manner obstructs the delivery thereof, such person shall be liable to a fine of up to Amended by the Second Amendment.one thousand rupees. Provided that this section shall not apply if the addressee is a minor or under the guardianship of another person and the father, mother, or guardian of such addressee does any of the above acts. 61. Punishment for Erasing the Content of a Document Bearing a Postage Stamp or Removing a Postage Stamp from a Document: If any person, fraudulently or with intent to cause loss to the Government of Nepal, for the purpose of using a postage stamp affixed to a document on another document, erases the content of the document or removes the postage stamp itself, such person shall be punished with imprisonment for a maximum term of three years Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to thirty thousand rupees, or both. 61A.Added by the Second Amendment.
Postal Act, 1962

61A.Added by the Second Amendment. Punishment for Removing Postage Stamps: If a post office employee or a person engaged in mail transport steals, removes, throws away, or in any manner destroys a postage stamp affixed to a postal article representing postage, such person shall be liable to recover the value of such stamp and shall be fined up to one thousand rupees. 62. Punishment for Using a Previously Used Postage Stamp: If any person, fraudulently or with intent to cause loss to the Government of Nepal, uses a postage stamp knowing it to have been previously used, Amended by the First Amendment.the amount of loss caused to the Government of Nepal shall be recovered from such person, and Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074.such person shall be punished with imprisonment for a term up to one year and a fine of up to ten thousand rupees. 63. Punishment for Erasing a Government Mark on a Postage Stamp: If any person, fraudulently or with intent to cause loss to the Government of Nepal, erases a government mark affixed to indicate that a postage stamp has been used and cancelled, or retains or sells a postage stamp from which such government mark has been erased, Deleted by the First Amendment such person shall be punished with Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074.imprisonment for a term up to one year and a fine of up to ten thousand rupees. 64.Amended by the First Amendment. Additional Punishment for Offences Relating to Postage Stamps or Postal Articles: If any person commits theft, robbery, forgery, or fraud in respect of postage stamps, postal orders, or reply coupons, or postal articles in the course of dispatch by post or any article contained therein, such person shall, in addition to the punishment provided by the prevailing Nepal law for such offence, be punished with imprisonment for a term up to one year or a fine of up to one thousand rupees, or both. 65. Punishment for Attempting or Abetting an Offence: Any person who attempts or abets the commission of an offence punishable under this Act shall be punished with the same punishment as that prescribed for the offence. 66. Proof of Property of Post Office Sufficient: In any prosecution for an offence concerning a postal article or mail bag sent by post, it shall be sufficient to prove that the article is the property of the post office, whether the article is valuable or not. 67. Cases under this Act to be Government Cases: In any case relating to an offence punishable under this Act, the Government of Nepal shall be the plaintiff.
Postal Act, 1962

67. Cases under this Act to be Government Cases: In any case relating to an offence punishable under this Act, the Government of Nepal shall be the plaintiff. 68.Repealed by the Judicial Administration Improvement (Fourth Amendment) Act, 2043. 68A.Added by the Second Amendment. Jurisdiction to Hear Cases: (1) The relevant Regional Director shall have the authority to conduct proceedings and adjudicate cases concerning offences punishable under Sections 43, 44, 45, 47A, 51, 52, 53, 55, 56, 57, 59, 60, Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. and 61A.

(2) The officer hearing cases under sub-section (1) shall have the same powers as a District Court.

(3)Amended by the Third Amendment. An appeal against a decision made by the Regional Director under sub-section (1) shall lie to the High Court of the province where the relevant Post Directorate is located Amended by the Act Amending Certain Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075..

(4) If, during the proceedings of a postal offence case filed before a District Court, it appears that the accused has also committed any offence related to the sections mentioned in sub-section (1), the District Court may also conduct proceedings and adjudicate on such offence.

(5) If, during an investigation into a postal offence, it appears that a single person has committed more than one offence, or that different persons have committed separate offences in relation to the same postal article, and the jurisdiction to hear those offences falls within the respective jurisdictions of different Regional Directors, then the authority to conduct proceedings and adjudicate on those offences shall lie with the Regional Director of the region where the post office delivering such postal article is located Amended by the Third Amendment.

(6) If, among the various postal offences committed by a single person or the various offences committed by different persons in relation to the same postal article, the jurisdiction to hear some offences falls within the jurisdiction of a Regional Director and the jurisdiction to hear other offences falls within the jurisdiction of a District Court, then the authority to hear the cases concerning those offences shall lie with the District Court of the district where such postal article is delivered. 68B.Repealed by the Fourth Amendment. Chapter - 10

Miscellaneous

69. Power to Make Additional Rules: The Government of Nepal may make additional rules for the implementation of this Act, and may provide that any violation of those rules shall be punishable with a fine of up to Amended by the Fourth Amendment.five hundred rupees. 70.Added by the Second Amendment.
Nepal Quality (Certification Mark) Act, 1980

Nepal Quality (Certification Mark) Act, 2037

Date of Royal Seal and Publication
2037.5.26

Amending Acts

1. Nepal Quality (Certification Mark) (First Amendment) Act, 2084 2084.7.10
2. Administration of Justice Act, 2048 2048.2.16
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.07
4. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 10 of the year 2037



An Act Made to Provide for Quality Determination and Certification Mark

Preamble: Whereas it is expedient to determine the quality of any substance for the benefit of the general public and to make provision for the use of a quality certification mark on such substances,

Therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be called the "Nepal Quality (Certification Mark) Act, 2037."

(2) This Act shall come into force on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. This Act is appointed to come into force from the date 2038.8.1. (Nepal Gazette dated 2038.8.1)

2. Definitions: Unless the subject or context otherwise requires, in this Act,–

(a) "Council" means the Nepal Quality Council constituted under Section 3.

(b) "Office" means the Nepal Quality Office established under Section 5.

(c) "Quality" means the Nepal Quality determined or recognized by the Council.

(d) "Substance" means natural, semi-natural, artificial, manufactured, processed, semi-processed, or unprocessed goods or articles.

(e) "Process" means any process from the production or manufacture of a substance up to its consumption.

(f) "Certification Mark" means the quality certification mark.

(g) "License" means a license to use the certification mark.

(h) "Inspector" means an inspector appointed or designated under Section 12.

(i) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Constitution of Council: Amended by the First Amendment.The Government of Nepal may, by notification in the Nepal Gazette, constitute a Nepal Quality Council to determine quality in relation to any substance, process or service and to make provision for the use of the certification mark on such substance. The full name of this Council in English shall be Nepal Council for Standards, and the abbreviated name shall be NCS. 4.
Nepal Quality (Certification Mark) Act, 1980

The full name of this Council in English shall be Nepal Council for Standards, and the abbreviated name shall be NCS. 4. Functions, Duties and Powers of the Council: (1) Except as otherwise provided elsewhere in this Act, the functions, duties and powers of the Council shall be as follows:–

(a) Amended by the First Amendment.To determine quality in relation to any substance, process or service, to amend or cancel the determined quality,

(b) To recognize quality prescribed by any domestic or foreign body,

(c) To grant recognition to government or non-government laboratories for quality determination or testing, or to suspend or cancel such recognition,

(d) To prescribe the format of the quality certificate and the shape, type and format of the certification mark,

(e) To prescribe or alter the fee for the quality certificate and certification mark and the fee for providing services.

(2) The Council may constitute committees or sub-committees including members of the Council or other persons as necessary for the conduct of its work. 5. Establishment of Nepal Quality Office: (1) For the implementation of the objectives of this Act, the Government of Nepal shall establish a Nepal Quality Office. The full name of this Office in English shall be Nepal Bureau of Standards, and the abbreviated name shall be NBS.

(2) Except as otherwise provided elsewhere in this Act, the functions, duties and powers of the Nepal Quality Office shall be as follows:–

(a) To grant licenses or quality certificates for the use of the certification mark after quality has been determined by the Council,

(b) Amended by the First Amendment.To inspect or cause to be inspected and provide necessary technical advice and guidance in relation to enhancing the quality of any substance, process or service,

(c) To appoint or designate inspectors,

(d) To renew, suspend or cancel licenses,

(e) To require a bond or undertaking prescribing necessary conditions when granting a license,

(f) To perform the administrative work of the Council. 6. Council May Delegate Powers: The Council may delegate all or any of its functions, duties and powers to any member of the Council, or to a committee or sub-committee constituted by the Council, or to the Office, or to any officer of the Office. 7. Who May Use the Certification Mark: Any producer, manufacturer, distributor or service provider desiring to affix the certification mark in relation to any substance or process must obtain a license under this Act. 7A.
Nepal Quality (Certification Mark) Act, 1980

7. Who May Use the Certification Mark: Any producer, manufacturer, distributor or service provider desiring to affix the certification mark in relation to any substance or process must obtain a license under this Act. 7A. Publicity May Be Done with Approval: Added by the First Amendment.(1) If any person wishes to publicize that any substance conforms to the Nepal Quality, such person must obtain approval from the Office.

(2) A person desiring to obtain approval under Sub-section (1) shall submit an application to the Office.

(3) Upon receipt of any application under Sub-section (2), the Office may, after making necessary inquiry, grant approval to allow such publicity. 7B. Certifying Quality of a Specific Quantity of Substance: Added by the First Amendment.(1) If any person wishes to have the quality of a specific quantity of substance certified, such person shall submit an application to the Office for that purpose.

(2) Upon receipt of an application under Sub-section (1), the Office may, after making necessary inquiry, certify whether such specific quantity of substance is of quality or not. 8. Prohibition on Improper Use of Certification Mark: (1) No person shall use the certification mark in relation to any substance without obtaining a license. No person shall use any mark that may cause confusion with the shape or type of the certification mark.

(2) Even a person who has obtained a license shall not use the certification mark in relation to substances that do not conform to the determined quality, nor use any mark that may cause confusion with its shape or type. 9. Prohibition on Use of Name Similar to Council or Office: No person shall use any name that may cause confusion with the full or abbreviated name of the Council or Office. 10. Quality of Substances Related to Public Health and Safety May Be Prescribed: (1) In relation to any substance or process other than medicines and foodstuffs whose standards are determined under the Drugs Act, 2035 and the Food Act, 2023, the Government of Nepal may, for the health and safety of the general public, by notification in the Nepal Gazette, prescribe that the producer, manufacturer, distributor or service provider of such substance or process shall mandatorily adopt the quality determined by the Council from a date specified in the same notification.

(2) In relation to a substance or process prescribed under Sub-section (1), the concerned producer, manufacturer, distributor or service provider must obtain a license or quality certificate under this Act. 11.
Nepal Quality (Certification Mark) Act, 1980

11. Quality of Substances for Export-Import May Be Prescribed: (1) In relation to substances other than medicines whose standards are determined under the Drugs Act, 2035, imported into Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. within, the Government of Nepal may, for the health and safety of the general public, by notification in the Nepal Gazette, prescribe that such substance shall be of the quality prescribed by the Council.

(2) In relation to any substance exported from Nepal, for the promotion of international trade, the Government of Nepal may, if it deems necessary, by notification in the Nepal Gazette, prescribe that such substance shall be of the quality prescribed by the Council. 12. Inspectors: (1) The Office may appoint or designate such number of inspectors as may be necessary to inspect or cause to be inspected the quality of any substance or process.

(2) The functions, duties and powers of an inspector appointed or designated under Sub-section (1) shall be as follows:–

(a) To investigate whether, in relation to any substance or process bearing a certification mark, a license has been obtained or not and whether the work is done in accordance with the conditions of such license,

(b) To investigate whether, in relation to any substance or process bearing a quality certificate, the work is done in accordance with the conditions of such certificate,

(c) To inspect the production of any substance on which a certification mark or quality certificate is used, or any process relating to such substance,

(d) To take samples for inspection or testing of any substance on which a certification mark or quality certificate is used, and of raw or semi-finished materials etc. related to such substance, in whatever state. 13.
Nepal Quality (Certification Mark) Act, 1980

13. Penalties: (1) Any person acting in contravention of Section 8 shall be liable to a fine of up to three thousand rupees or imprisonment for up to six months or both.

(2) Any person acting in contravention of Section 9 shall be liable to a fine of up to one thousand five hundred rupees or imprisonment for up to three months or both.

(3) If any substance or process prescribed under Section 10 does not have the determined quality, or if any person puts such substance or process to use without affixing the certification mark, such person shall be liable to a fine of up to five thousand rupees or imprisonment for up to one year or both.

(4) If any person exports or imports, or attempts to export or import, or abets the export or import of any substance prescribed under Section 11 without the determined quality, such person shall be liable to a fine of up to three thousand rupees or imprisonment for up to six months or both.

(5) Any person acting in contravention of any other section of this Act shall be liable to a fine of up to one thousand rupees or imprisonment for up to one month or both.

(6) Substances on which a quality certificate or certification mark is used, or which are exported or imported, in contravention of this Act shall be confiscated. 14. Government to be Plaintiff: The plaintiff in a case under this Act shall be the Government of Nepal. 15. Jurisdiction for Hearing Cases: The Chief District Officer shall have the authority to conduct initial proceedings and adjudicate cases under this Act. 16. Investigation and Filing of Cases: (1) The investigation of an offence punishable under this Act shall be conducted by an Inspector, and upon completion of such investigation, the Inspector shall file the case before the officer having jurisdiction to hear the case.

(2) While investigating and filing a case under Sub-section (1), the Inspector may seek the opinion of the government attorney. 17. Appeal: A decision made by the officer under Section 15 may be appealed Amended by Some Nepal Acts Amendment Act, 2072.to the District Court. 18. Power to Give Directions: The Government of Nepal may, as necessary, give directions to the Council or the Office. If such directions are given, the Council or the Office shall comply with such directions. 19.
Nepal Quality (Certification Mark) Act, 1980

18. Power to Give Directions: The Government of Nepal may, as necessary, give directions to the Council or the Office. If such directions are given, the Council or the Office shall comply with such directions. 19. Power to Make Rules: (1) The Government of Nepal may make rules for the implementation of the objectives of this Act.

(2) Without prejudice to the generality of the power conferred by Sub-section (1), rules may be made in particular on the following matters:–

(a) Determining and publishing quality,

(b) Granting licenses or quality certificates and renewing licenses,

(c) Appointing or designating inspectors and making provisions regarding the procedure to be followed by inspectors during inspection,

(d) Making provisions regarding the bond or undertaking to be taken from a person obtaining a license or quality certificate,

(e) Making provisions regarding meetings of the Council and other procedures related thereto,

(f) Making suitable provisions regarding administrative and financial matters. 20. Validity of Acts and Proceedings: Any quality determined, or any license or quality certificate granted, by the Nepal Quality Determination Committee constituted under the Nepal Quality Determination (Formation) Order, 2034 before the commencement of this Act shall be deemed to have been determined or granted under this Act.
Witchcraft Allegation (Offense and Punishment) Act, 2015

Witchcraft Accusation (Offence and Punishment) Act, 2072

Certification and Publication
2072.04.18

Amending Acts

1. Act to Amend Some Nepal Acts, 2072 2072.11.13
2. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
3. Act to Amend Some Nepal Acts Relating to the National Code, 2075 2076.01.02

Act Number 4 of the Year 2072

An Act Made to Provide for Offence and Punishment Relating to Witchcraft Accusation

Preamble: Whereas, it is desirable to make necessary provisions regarding making punishable inhuman acts such as accusing any person of being a witch or warlock, treating the accused person cruelly, inhumanly or degradingly, or subjecting him/her to any kind of torture, thereby preventing such acts which exist as social evils and superstitions, and providing protection and justice to the victim of such act;

Now, therefore, the Constituent Assembly, in its capacity as the Legislature-Parliament, has enacted this Act pursuant to Article 83 of the Interim Constitution of Nepal, 2063. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the “Witchcraft Accusation (Offence and Punishment) Act, 2072”.

(2) This Act shall commence immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act,-

(a) “Perpetrator” means a person who commits an offence relating to witchcraft accusation.

(b) “Victim” means a person who is victimised by witchcraft accusation.

(c) “Witchcraft accusation” means the act of stigmatising any person as a witch, warlock or by any other similar name, and the term also includes any act done under witchcraft accusation pursuant to Section 3.

(d) “Offence relating to witchcraft accusation” means any act done under witchcraft accusation pursuant to Section 3. Chapter-2

Offence Relating to Witchcraft Accusation

3.
Witchcraft Allegation (Offense and Punishment) Act, 2015

Chapter-2

Offence Relating to Witchcraft Accusation

3. Deemed to have committed offence relating to witchcraft accusation: (1) No person shall do or cause to be done any of the following acts against any person:-

(a) Accusing of being a witch or warlock,

(b) Abusing or insulting under witchcraft accusation,

(c) Behaving degradingly towards any family member of the person accused of being a witch or warlock,

(d) Socially boycotting under witchcraft accusation,

(e) Expelling from the place of residence under witchcraft accusation,

(f) Accusing of being a witch or warlock through the medium of a shaman, faith healer, magic, spell, exorcism or any other similar means,

(g) Beating, piercing, branding, burning, or subjecting a person to torture by using chemical, poisonous or biological substances or in any other manner, feeding excreta, shaving the head and eyebrows, parading with or without stripping naked, or treating cruelly, inhumanly or degradingly in any manner under witchcraft accusation,

(h) Causing dismemberment under witchcraft accusation,

(i) Breaking, misappropriating or causing damage or loss to any person's property under witchcraft accusation,

(j) Attempting to do any act under clauses (a) to (g), abetting any person to do such act, or helping to do such act.

(2) If any person holds or causes to be held any assembly with the intention of promoting any act under sub-section (1) or the act of accusing of witchcraft, such person shall be deemed to have committed an offence relating to witchcraft accusation under this Act. Chapter-3

Information of Offence Relating to Witchcraft Accusation and Protection of Victim

4. Information of offence relating to witchcraft accusation: (1) Any person who learns that an offence relating to witchcraft accusation has been committed, is being committed or is about to be committed at any place shall, as soon as possible, submit a written complaint or oral information to the nearest police office, specifying the details thereof.

(2) If any person brings a written complaint under sub-section (1), or gives oral information, the police office shall immediately reduce it into writing, obtain his/her signature or thumb impression, and register it as a complaint.

(3) Upon receipt of a complaint or information under sub-section (1), the police office shall, within twenty-four hours, summon or arrest the perpetrator and conduct investigation and inquiry in accordance with the prevailing law. 5.
Witchcraft Allegation (Offense and Punishment) Act, 2015

5. To arrange for treatment and medical examination: (1) If any victim appears to be physically or mentally disabled, the police office shall take him/her to the nearest hospital or health centre and arrange for immediate treatment.

(2) If the victim appears to have suffered any physical injury or mental torture, the police office shall arrange for the medical examination or check-up of the victim by the doctor involved in his/her treatment.

(3) If it appears necessary to provide immediate counselling service to the victim, the police office shall make arrangements to provide him/her counselling service by an expert concerned. 6. To arrange security measures: If, upon preliminary investigation of the complaint or information received under Section 4, it appears necessary to provide security to the victim, any family member of the victim or any other person, the police office shall immediately make appropriate security arrangements. 7. Power to arrest or search: (1) If, upon receiving information that any act deemed to be an offence relating to witchcraft accusation has been committed, is being committed or is about to be committed in any house, land or place, there is a likelihood that the offender may abscond, escape or destroy or conceal any evidence related to such offence unless immediate action is taken, a police employee of at least the rank of Assistant Sub-Inspector of Police may, notwithstanding anything contained in the prevailing law, make a report and do the following acts at any time:-

(a) Enter, search or take possession of such house, land or place,

(b) If any person obstructs or opposes when about to do such act, open or break open doors or windows as necessary and take necessary action,

(c) Arrest such person without a warrant or search him/her,

(d) Seize or take into possession any evidence or proof found in such house, land or place.

(2) While performing an act under sub-section (1), the police employee shall, as far as possible, prepare a panchnama thereof in the presence of amended by the Act to Amend Some Nepal Acts, 2072.a representative of the local level, or if not possible, in the presence of persons present at that place at that time, and a copy of such panchnama shall also be given to the concerned house or landowner.

(3) If a woman is to be arrested under sub-section (1), a female police officer shall make the arrest, and if there is no female police officer, the arrest may be made with the assistance of any other woman. 8.
Witchcraft Allegation (Offense and Punishment) Act, 2015

8. To proceed after keeping in custody: Notwithstanding anything contained in the prevailing law, if there is reasonable ground to believe from the evidence immediately available that the accused is the offender of the offence relating to witchcraft accusation, the court trying the case shall proceed after keeping him/her in custody. 9. Right to engage separate legal practitioner: The victim may, if he/she so desires, engage a separate legal practitioner to defend the case relating to the offence of witchcraft accusation. 10. Power to issue interim protective order: (1) If, during the course of proceedings of a case under this Act, the court finds it necessary to provide immediate protection to the victim, it may issue an order in the name of the perpetrator, until the final decision of the case, to do the following:-

(a) Allow the victim to reside in the house he/she has been living in, provide food and clothing, refrain from beating and maintain courteous and decent behaviour,

(b) If the victim has suffered physical or mental injury, arrange for proper treatment or provide appropriate amount for treatment,

(c) Refrain from or cause to refrain from abusing, insulting, threatening or behaving indecently,

(d) Refrain from going to the victim's place of residence, pathways or office and causing trouble or harassment through any means of communication or in any other manner,

(e) Do or cause to do any other necessary and appropriate act for the benefit and safety of the victim.

(2) If it appears necessary to provide protection to any family member of the victim or any other person during the course of the case proceedings, the court may issue an appropriate order for the protection of such person. Chapter-4

Punishment and Compensation

11.
Witchcraft Allegation (Offense and Punishment) Act, 2015

12. Provision relating to compensation: (1) While delivering judgment on a case under this Act, the court shall, considering the nature and gravity of the offence relating to witchcraft accusation, the suffering caused to the victim and the financial status of the perpetrator, order the perpetrator to pay reasonable compensation to the victim.

(2) Notwithstanding anything contained in sub-section (1), if the court considers that the perpetrator is unable to provide such compensation due to his/her poor financial condition, the court may order that the amount as deemed appropriate shall be borne by amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.the concerned local level.

(3) The amount ordered by the court under sub-section (2) shall be provided to the victim by amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.the concerned local level within sixty days.

(4) If the victim dies before receiving the compensation amount under sub-section (1) or (2), such amount shall be provided to his/her minor sons and daughters, and if there are no such sons and daughters, to the spouse, and if there is none, to his/her dependent father and mother. 13. Provision relating to treatment expenses: (1) If the victim has to receive treatment at a hospital or health centre due to physical or mental disability, the entire expenses incurred for treatment and for keeping an attendant shall be borne by the perpetrator.

(2) Notwithstanding anything contained in sub-section (1), if the perpetrator is unable to bear such treatment and attendant expenses due to his/her poor financial condition, and the victim himself/herself or the police office has incurred such expenses, the victim or the police office may claim reimbursement of such amount from the Gender-Based Violence Prevention Fund established under the prevailing law. Chapter-5

Miscellaneous

14. May keep in service centre: (1) If it appears necessary to provide immediate protection to the victim and to arrange separate accommodation during the course of treatment, the police office shall make arrangements to keep him/her in the nearest service centre. Explanation: For the purpose of this Section, "service centre" means the service centre established under Section 11 of the Domestic Violence (Offence and Punishment) Act, 2066.

(2) The service centre may, as necessary, provide legal assistance, counselling or psychological service or financial assistance to the victim kept in the service centre under sub-section (1). 15.
Witchcraft Allegation (Offense and Punishment) Act, 2015

15. To conduct awareness programmes: amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.The Government of Nepal, Provincial Government and Local Level shall conduct or cause to conduct various types of awareness programmes to prevent the occurrence of offences relating to witchcraft accusation. 16. Government to be plaintiff: The case under this Act shall be a government plaintiff case, and such case shall be deemed to be included in Schedule-1 of amended by the Act to Amend Some Nepal Acts Relating to the National Code, 2075, which was transformed by the Act to Amend, Consolidate, Harmonize and Repeal Some Nepal Laws, 2074.the National Criminal Procedure Code, 2074. 17. Limitation: A complaint or information shall be submitted within ninety days from the date of commission of the offence relating to witchcraft accusation. 18. Hearing in camera: The hearing of a case deemed to be an offence under this Act shall be held in camera if the victim so requests. 19. Not to bar prosecution under prevailing law: If any act deemed to be an offence under this Act is also deemed to be an offence under any other law, nothing contained in this Act shall be deemed to prevent prosecution and action under such law. 20. To be as per prevailing law: Matters specified in this Act shall be governed by this Act, and other matters shall be governed by the prevailing law. 21. Power to frame rules: The Government of Nepal may frame necessary rules for the implementation of this Act. 22. Repeal and saving: (1) Clause 10(Kha) of the Chapter on Adal of the Country Code is hereby repealed.

(2) Serial No. 30(Ka) in Schedule-1 of the Government Case Act, 2049 is hereby deleted.

(3) Any act done under the law referred to in sub-section (1) shall be deemed to have been done under this Act.
Tobacco Product (Control and Regulation) Act, 2011

Tobacco Products (Control and Regulation) Act, 2068

Certification and Publication Date
2068.1.26

Amending Act

1. Act to Amend Some Nepal Acts, 2072 2072.11.13

Act No. 1 of the Year 2068

An Act Made to Provide for the Control and Regulation of Tobacco Products

Preamble: Whereas smoking and tobacco use are extremely harmful to human health, and whereas smoking and tobacco use also have negative impacts on the economic, social, and cultural activities of human life, it is desirable to make legal provisions relating to the reduction, control, and regulation of the import, production, sale, distribution, and use of tobacco products to control such activities and enhance the health, convenience, and economic well-being of the general public. Now, therefore, the Constituent Assembly has enacted this Act pursuant to Sub-Article (1) of Article 83 of the Interim Constitution of Nepal, 2063. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Tobacco Products (Control and Regulation) Act, 2068."

(2) Section 9 of this Act shall commence on the one hundred and eightieth day from the date of certification, and the other sections shall commence on the ninety-first day. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Tobacco Product" means cigarettes, bidis, cigars, tobacco, sulfa, kakad, raw tobacco, khaini, gutka, tobacco, or other similar types of tobacco products made or produced for the purpose of smoking or tobacco use.

(b) "Smoking" means the act of consuming cigarettes, bidis, cigars, tobacco, sulfa, kakad, tobacco, or other similar types of substances.

(c) "Tobacco Use" means the act of placing khaini, gutka, tobacco, or other similar types of substances in the mouth, inhaling the fume of such substance, or consuming it.

(d) "Public Place" means a place as specified pursuant to Section 3.

(e) "Manager" means a person authorized to make final decisions in relation to the operation of a public place, and said term also includes, in the case of a public vehicle, the driver of such vehicle.

(f) "Producer" means a producer of tobacco products.

(g) "Inspector" means a person designated pursuant to Section 11.

(h) "Ministry" means the Ministry of Health and Population.

(i) "Committee" means the Tobacco Products Control and Regulation Committee constituted pursuant to Section 18.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2
Control of Tobacco Products

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Tobacco Product (Control and Regulation) Act, 2011

Chapter-2
Control of Tobacco Products

3. Deemed as Public Place: (1) The following places shall be deemed as public places:-

(a) State and government bodies, organizations, or offices,

(b) Educational institutions, libraries, training and health-related institutions,

(c) Airports, air services, and public vehicles,

(d) Child welfare homes, childcare centers, old age homes, orphanages, kindergartens, and clubs,

(e) Public toilets,

(f) Workplaces of industries and factories,

Explanation: For the purpose of this clause, "workplace" means the office or place designated by the industry or factory for working.

(g) Movie theaters, cultural centers, and theaters,

(h) Hotels, motels, resorts, restaurants, bars, eateries, canteens, lodges, hostels or dormitories, and guest houses,

(i) Stadiums, covered halls, bodybuilding gyms, swimming pools, and pool houses,

(j) Departmental stores and mini-markets,

(k) Rest houses (Dharamshala) and religious sites,

(l) Public vehicle waiting areas and ticket counters.

(2) In addition to the places mentioned in Sub-section (1), other places specified by the Government of Nepal by publishing a notice in the Nepal Gazette, considering the importance and sensitivity of a location, shall also be deemed as public places. 4. Prohibition of Smoking and Tobacco Use in Public Places: (1) No person shall smoke or use tobacco products in a public place.

(2) Notwithstanding anything contained in Sub-section (1), the Manager may make necessary arrangements for smoking and using tobacco products in a specific area of a prison, airport, or tourist-standard hotel, in a manner that does not adversely affect other persons.

(3) The basic requirements to be maintained in the area designated for smoking and tobacco use pursuant to Sub-section (2) shall be as prescribed. 5. Notice to be Posted: The Manager shall post a notice stating that smoking and tobacco use are prohibited, in a manner visible and readable to all, at various places as required within the public place under their authority. 6. Prohibition of Smoking inside Homes and Private Vehicles: No person shall smoke inside a home or private vehicle in a manner that affects other persons. Chapter-3
Production and Sale Distribution of Tobacco Products

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Tobacco Product (Control and Regulation) Act, 2011

6. Prohibition of Smoking inside Homes and Private Vehicles: No person shall smoke inside a home or private vehicle in a manner that affects other persons. Chapter-3
Production and Sale Distribution of Tobacco Products

7. Labels, Trademarks, Wrappers, and Packaging: (1) The Producer shall mention the following details on the packets and wrappers of tobacco products:-

(a) The label and trademark registered in accordance with the prevailing law,

(b) The name, address of the producer, and the amount of nicotine present in the tobacco product,

(c) Other prescribed harmful elements and necessary matters.

(2) The Producer shall not place any kind of logo, symbol, word, or picture that attracts minors on the packets and wrappers of tobacco products.

(3) No person shall produce tobacco products using the brand or trade name of other industries or products.

(4) No industry shall produce any item in the shape of cigarettes, bidis, or cigars. 8. Details to be Submitted: (1) Before selling or distributing a tobacco product, the Producer shall submit to the Ministry details of the amount of nicotine, harmful elements, and other necessary matters contained in such product.

(2) A person who produces, exports, or imports tobacco products shall submit to the Ministry, annually, the details of the production, export, or import carried out by them. 9. Warning Messages and Pictures to be Mentioned: (1) The Producer shall print and affix, in the Nepali language, on at least seventy-five percent of the outer surface of the box, wrapper, packet, parcel packaging, and label of the tobacco product, a warning message as prescribed by the Ministry to the effect that tobacco products are harmful to health, and a graphical, colored picture of the fatal effects resulting from the use of tobacco products, clearly and legibly.

(2) The Ministry may add warning messages and symbols as per Sub-section (1) from time to time.

(3) An importer shall not import tobacco products that do not meet the standards set out in Sub-section (1). 10. Prohibition of Advertisement and Sponsorship: No producer or any other person shall advertise or promote tobacco products or sponsor or transmit any program, news, or information through newspapers, radio, television, FM, internet, e-mail, or other electronic communication media, interaction programs, hoarding boards, wall writings, logos, signs, writings, visual displays, sounds, symbols, persons, or any other means. 11.
Tobacco Product (Control and Regulation) Act, 2011

11. Restrictions on Sale, Distribution, and Display: (1) No person shall sell, distribute, or cause to be sold or distributed, or provide free of charge, tobacco products to persons who have not attained the age of eighteen years and to pregnant women.

(2) For the purpose of Sub-section (1), if a seller of tobacco products wishes to ascertain the age of a buyer, they may request necessary proof from that person, and it shall be the duty of the concerned buyer to present the proof requested by the seller.

(3) No person shall sell, distribute, or cause to be sold or distributed tobacco products from any house or shop located within at least one hundred meters of educational and health institutions, child welfare homes, childcare centers, old age homes, orphanages, and other public places specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(4) The Government of Nepal may, by publishing a notice in the Nepal Gazette, make provision that no person shall sell or distribute cigarettes, bidis, or cigars individually as loose sticks.

(5) No person shall distribute or gift tobacco products free of charge.

(6) If the Government of Nepal so desires, it may make provision requiring a license for selling and distributing tobacco products.

(7) No person shall decorate a sales outlet or display such products in a manner that attracts towards tobacco products. Chapter-4
Inspection, Investigation, and Filing of Cases

12. Provisions Relating to Inspector: (1) The Government of Nepal may designate any officer-level employee of the Government of Nepal as an Inspector for the purpose of, among others, inspecting whether any person has or has not smoked or used tobacco products in a public place contrary to this Act, or whether the Producer or Manager has or has not fulfilled the matters required to be done under this Act.

(2) The Inspector shall submit to the Ministry the details of the work carried out by them during the year.

(3) Except as provided in this Act, other functions, duties, and powers of the Inspector shall be as prescribed. 13.
Tobacco Product (Control and Regulation) Act, 2011

13. Power to Inspect: (1) The Inspector may inspect any public place within their jurisdiction to ascertain whether any person has or has not smoked or used tobacco products in a public place contrary to this Act, or whether the Producer or Manager has or has not fulfilled the matters required to be done under this Act.

(2) If, during an inspection pursuant to Sub-section (1), it is not found that any person has smoked or used tobacco products in the public place, or that the Producer or Manager has fulfilled the matters required to be done under this Act, the Inspector may issue directions to the concerned Producer or Manager to prohibit smoking or tobacco use in such place or to fulfill the matters required to be done under this Act, or may bring the matter to their attention.

(3) It shall be the duty of the concerned Producer or Manager to comply with the directions issued or the attention brought by the Inspector pursuant to Sub-section (2). 14. Manager to Inspect: (1) The Manager shall, from time to time, inspect or cause to be inspected the public place under their authority to ascertain whether any person has or has not smoked or used tobacco products.

(2) If, during an inspection pursuant to Sub-section (1), any person is found to be smoking or using tobacco products, the Manager shall immediately prohibit such smoking or tobacco use.

(3) If any Manager smokes or uses tobacco products in a public place, the person or employee associated with that place, and in the case of a public vehicle, any passenger of such vehicle, shall immediately prohibit the Manager from smoking or using tobacco products.

(4) If the Manager smokes or uses tobacco products as per Sub-section (3), a person who knows of or sees this may file a complaint with the Inspector. 15. Investigation and Inquiry: If a complaint is lodged or the Inspector receives information from any source that a Manager has smoked or used tobacco products in a public place, or that a Producer or Manager has failed to fulfill the matters required under this Act, the Inspector shall conduct the necessary investigation and inquiry in relation thereto. 16. Filing of Cases: (1) If it appears from the investigation and inquiry conducted pursuant to Section 15 that a case should be initiated against the Producer or Manager, the Inspector shall file a case before the Adjudicating Officer within twenty-five days from the date of completion of such investigation and inquiry.

(2) While filing a case pursuant to Sub-section (1), the Inspector shall obtain the opinion of the concerned Government Attorney. Chapter-5
Penalties and Appeal

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