chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Waste Management Act, 2011

22. Provisions Relating to Economic and Social Development and Environmental Protection of the Area Affected by the Solid Waste Management Site: (1) amended by Some Nepal Acts Amendment Act, 2072.The Local Level shall prepare a master plan for the economic, social, and physical development and environmental protection of the area affected by the solid waste management site, and prepare and implement various programs for the implementation of that plan.

(2) For the purpose of subsection (1), amended by Some Nepal Acts Amendment Act, 2072.the Local Level may primarily operate programs in the following areas:-

(a) Road construction, electricity supply, drinking water and drainage, sanitation, and environmental protection,
(b) Establishment and operation of schools and health institutions,
(c) Programs necessary for the upliftment and development of economically disadvantaged and socially backward classes of the area affected by the solid waste management site.

(3) amended by Some Nepal Acts Amendment Act, 2072.The Local Level shall formulate plans pursuant to subsection (1) or select programs pursuant to subsection (2) in consultation with the concerned community.

(4) While implementing programs formulated for the affected area pursuant to this section, local community participation must be ensured.

(5) While operating a solid waste management site or implementing any program for it, it must be done in a manner that conforms to the standards set by the prevailing law on environmental protection.

(6) A committee as prescribed may be formed at the local level to provide suggestions on the severely affected area due to the solid waste management site and on the economic and social development and environmental protection of the affected area. Explanation: For the purposes of this section, "Severely Affected Area" means an area designated by the Government of Nepal by publishing a notice in the Nepal Gazette. Chapter 7
Provisions Relating to Solid Waste Management Council

23.
Waste Management Act, 2011

Explanation: For the purposes of this section, "Severely Affected Area" means an area designated by the Government of Nepal by publishing a notice in the Nepal Gazette. Chapter 7
Provisions Relating to Solid Waste Management Council

23. Formation of Council: (1) A Solid Waste Management Council is hereby formed for the determination of policies to be adopted regarding solid waste management.

(2) The Council pursuant to subsection (1) shall consist of the following members:-

(a) Minister, Ministry of Local Development - Chairperson
(b) Secretary, Ministry of Physical Planning and Construction - Member
(c) Secretary, Ministry of Industry - Member
(d) Secretary, Ministry of Environment - Member
(e) Secretary, Ministry of Health and Population - Member
(f) Secretary, Ministry of Local Development - Member
(g) Secretary, Secretariat of the National Planning Commission - Member
(h) Chief, Kathmandu Metropolitan City - Member
(i) Five persons nominated by the Council from among the Mayors of Municipalities to represent the five development regions - Member
(j) amended by Some Nepal Acts Amendment Act, 2072.Five persons, including at least three women, nominated by the Government of Nepal from among the office bearers of associations or federations related to the Local Level - Member
(k) Two persons, including at least one woman, nominated by the Council from the area designated by the Government of Nepal as a severely affected solid waste area - Member
(l) Representative, Federation of Nepalese Chambers of Commerce and Industry - Member
(m) Two persons, including at least one woman, nominated by the Council from among experts and scientists related to solid waste management - Member
(n) One representative of a community organization working in the field of solid waste management, nominated by the Council - Member
amended by Some Nepal Acts Amendment Act, 2075.(o) Joint Secretary designated by the Ministry - Member-Secretary

(3) The term of office of a member nominated to the Council pursuant to clause (m) of subsection (2) shall be four years, and they may be renominated.

(4) The term of office of a member nominated pursuant to clauses (i), (k), and (n) of subsection (2) shall be one year, and they shall not be eligible for renomination.

omitted by Some Nepal Acts Amendment Act, 2075.(5)

24.
Waste Management Act, 2011

Functions, Duties, and Powers of the Council: The functions, duties, and powers of the Council shall be as follows:-

(a) To formulate national policy on solid waste management and submit it to the Government of Nepal for approval,
(b) To make policy-level arrangements for coordination among bodies involved in solid waste management,
(c) To approve criteria for determining service fees to maintain uniformity when amended by Some Nepal Acts Amendment Act, 2072.the Local Level determines fees for solid waste management,
(d) To determine the percentage of the amount to be invested by amended by Some Nepal Acts Amendment Act, 2072.the Local Level when such investment is necessary for integrated solid waste management,
(e) To perform other functions as prescribed. 25. Meetings and Decisions of the Council: (1) A meeting of the Council shall be held at least once a year at the date, time, and place specified by the Chairperson of the Council.

(2) The meeting of the Council shall be chaired by the Chairperson of the Council, and in their absence, a member chosen by the members present from among themselves shall chair the meeting.

(3) If more than fifty percent of the total number of members of the Council are present, it shall be deemed to constitute a quorum for the meeting of the Council.

(4) Decisions of the Council meeting shall normally be based on consensus. If consensus cannot be reached, decisions shall be based on a majority vote, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(5) If the Council deems necessary, it may invite any domestic or foreign expert or concerned official related to solid waste management to participate in the meeting of the Council as an observer.

(6) Decisions of the Council shall be certified by the Member-Secretary.

(7) Other procedures relating to meetings of the Council shall be as determined by the Council itself. Chapter 8
omitted by Some Nepal Acts Amendment Act, 2075

Chapter 9
Offenses and Penalties

38.
Waste Management Act, 2011

Chapter 8
omitted by Some Nepal Acts Amendment Act, 2075

Chapter 9
Offenses and Penalties

38. Offense: If any person commits any of the following acts, they shall be deemed to have committed an offense under this Act:-

(a) Discharging solid waste at a place other than the time and place specified by amended by Some Nepal Acts Amendment Act, 2072.the Local Level,
(b) Using solid waste kept in a container or collection center without authorization,
(c) Breaking, damaging, removing from its place the container kept at a solid waste collection center, or causing any damage to the collection center,
(d) Performing solid waste management work without obtaining permission pursuant to this Act,
(e) Violating the conditions mentioned in the permit granted for solid waste management pursuant to this Act,
(f) Discarding, keeping, or piling any kind of harmful substance at a solid waste collection center, container, or waste piling site,
(g) Keeping, discarding, or piling solid waste from houses, compounds, or premises on the road or other public places,
(h) Allowing leachate (polluted water) or sewage from waste to leak and pollute another person's house or land,
(i) Parking any kind of vehicle on the road or other public places during the time specified by amended by Some Nepal Acts Amendment Act, 2072.the Local Level for sanitation and solid waste collection, or refusing to remove a parked vehicle during cleaning time,
(j) Keeping, discarding, piling, or discharging any kind of hazardous solid waste on the road or other public places in a manner that adversely affects public health, except at a place designated by amended by Some Nepal Acts Amendment Act, 2072.the Local Level,
(k) Indiscriminately discarding, keeping, or discharging or causing to be discharged chemical solid waste, industrial solid waste, health institution waste, or hazardous solid waste,
(l) An industrial establishment or health institution indiscriminately discarding, keeping, or discharging or causing to be discharged hazardous solid waste emitted from the industry or health institution,
(m) Creating obstruction or hindrance in solid waste collection, transportation, and solid waste management,
(n) Obstructing, closing, besieging solid waste collection, transportation, and final discharge sites, or striking work related to solid waste management,
(o) Producing and selling or distributing any item that the Government of Nepal has prohibited by publishing a notice in the Nepal Gazette stating that it is an item that generates excessive solid waste,
(p) Importing chemical pesticides contrary to Section 44, or failing to fulfill the responsibility of destroying expired medicines (period lapsed),
(q) Discharging solid waste mixed together without segregating it at the source, contrary to Section 6,
(r) Keeping, discarding, or piling dead or killed birds/animals and their dung, feathers, bones, fish scales, etc., in public places, roads, alleys, or squares.
Nepal Health Research Council Act, 1991

Nepal Health Research Council Act, 2047

Royal Seal and Publication Date
2047.12.29

Certification and Publication Dates
2066.10.17
2075.11.19

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.17
2. Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075 2075.11.19

Act Number 29 of the Year 2047



An Act Made to Establish and Provide for the Nepal Health Research Council

Preamble: Whereas, it is desirable to establish and provide for a Nepal Health Research Council to scientifically study and research various problems arising in the health sector and to maintain health facilities for the general public;

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the Council of Ministers, pursuant to Article 129 of the Constitution of the Kingdom of Nepal, 2047. 1. Short Title and Commencement: (1) This Act may be cited as the "Nepal Health Research Council Act, 2047".

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

(a) "Council" means the Nepal Health Research Council established pursuant to Section 3.

(b) "Committee" means the Executive Committee constituted pursuant to Section 7.

(c) "Member" means a member of the Executive Committee, and the term shall also include the Chairperson, Vice-Chairperson, and Member-Secretary of the Committee.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the regulations made under this Act. 3. Establishment of the Council: (1) There is established a Nepal Health Research Council for conducting high-level study and research on health-related matters.

(2) The office of the Council shall be located in Kathmandu. 4. Council to be a Corporate Body: (1) The Council shall be an autonomous and corporate body with perpetual succession.

(2) The Council shall have its own separate seal for all its acts and proceedings.

(3) The Council may, like an individual, acquire, use, sell, or otherwise dispose of movable and immovable property.

(4) The Council may, like an individual, sue and be sued in its own name. 5. Objectives of the Council: The objectives of the Council shall be as follows:-

(a) To conduct or cause to be conducted study and research on various problems that have arisen or may arise in the future in the health sector.

(b) To operate advisory services and information-related programs to make health-related study and research programs more useful, and

(c) To obtain information about study, research, or work done on various health-related problems arising in the world and to inform the Government of Nepal from time to time. 6.
Nepal Health Research Council Act, 1991

6. Powers, Duties, and Functions of the Council: The powers, duties, and functions of the Council shall be as follows:-

(a) To conduct or cause to be conducted study and research in various health-related fields within Nepal, subject to the health policy of the Government of Nepal, omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(b) To formulate policies relating to both basic and applied types of study and research on health.

(c) To conduct research on health systems, bio-medicine, bio-medical health services, and diet, behavior, and ethics, and to conduct or cause to be conducted study on the prevention, diagnosis, and treatment of diseases.

(d) To determine priority areas for health-related study and research.

(e) To grant consent for study and research on health-related subjects, determine authenticity, and make recommendations to the Government of Nepal.

(f) To coordinate, guide, and evaluate health-related research activities and provide necessary advice.

(g) To publish and disseminate knowledge, experience, and research findings on health and to exchange information at the national and international levels.

(h) To conduct health-related research within Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and, if research needs to be conducted in a field where facilities are not available, to grant approval for conducting a part of the research abroad.

(i) To provide awards, scholarships, and travel expenses as necessary to individuals or institutions conducting health-related research.

(j) To maintain records of health-related research. 7. Constitution of the Executive Committee: (1) For the operation of the Council's functions, an Executive Committee consisting of the following members shall be constituted:-

(a) Seven persons nominated by the Government of Nepal from amongst medical practitioners of the modern medicine system and the Ayurvedic medicine system who have experience in health-related study and research — Member

(b) Representative, Ministry of Finance — Member

(c) Representative, National Planning Commission — Member

Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075.(d) Representative, Ministry of Health and Population — Member

(e) Chief, Research Committee, Institute of Medicine — Member

(f) Chairperson, Nepal Medical Council — Member

(g) One person designated by the Government of Nepal — Member-Secretary

(2) The Government of Nepal shall designate one Chairperson and one Vice-Chairperson from amongst the members nominated pursuant to clause (a) of sub-section (1).

(3) The term of office of the nominated members of the Committee shall be four years, and they may be re-nominated.

(4) The Government of Nepal may, if deemed necessary, by publishing a notice in the Nepal Gazette, increase, decrease, or make changes to the members of the Committee. 8.
Nepal Health Research Council Act, 1991

8. Meeting of the Committee: (1) The meeting of the Committee shall be held on such date, time, and place as designated by the Chairperson.

(2) If at least fifty percent of the total number of members of the Committee are present, it shall be deemed to constitute a quorum for a meeting of the Committee.

(3) The meeting of the Committee shall be chaired by the Chairperson, in the absence of the Chairperson by the Vice-Chairperson, and in the absence of both the Chairperson and the Vice-Chairperson, by a person chosen by the members from amongst themselves.

(4) Other matters relating to the meeting of the Committee may be determined by the Committee itself. 9. Powers, Duties, and Functions of the Committee: (1) It shall be the duty of the Committee to perform all acts and proceedings, exercise powers, and carry out duties that the Council is required to do, subject to this Act and the regulations made under this Act.

(2) The Committee may, as necessary, delegate the powers exercisable by it to the Chairperson, Member, Member-Secretary, or an officer of the Council. 10. Sub-Committees May be Formed: The Committee may form sub-committees as necessary for the operation of its functions. 11. Approval Required to Conduct Health-Related Research: (1) After the commencement of this Act, a person or institution wishing to conduct research in the health field shall obtain the approval of the Council.

(2) While granting approval pursuant to sub-section (1), the Council may also impose conditions as prescribed. Explanation: For the purposes of this section, "research" shall be understood to mean research including experimentation. 12. Special Powers of the Council: (1) The Council may issue necessary directives to a person or institution engaged in health-related research activities approved pursuant to Section 11.

(2) If any person or institution conducts research activities without obtaining approval pursuant to Section 11, or while conducting research activities with approval fails to comply with the prescribed conditions or directives of the Council, the Council may warn such person or institution or prohibit them from conducting such research work for a specified period.

(3) While taking action pursuant to sub-section (2), the Council shall give the concerned person or institution a reasonable opportunity to defend themselves. 13.
Nepal Health Research Council Act, 1991

13. Fund of the Council: (1) The Council shall have its own separate Fund.

(2) The following amounts shall be deposited in the Fund of the Council:-

(a) Grant amounts received from the Government of Nepal,

(b) Grant amounts received from any foreign government or international organizations,

(c) Amounts received for providing advisory services or conducting or causing to be conducted research work,

(d) Amounts received from other sources.

(3) While accepting grants from foreign governments or international organizations, prior approval of the Government of Nepal shall be obtained.

(4) All amounts received by the Council shall be deposited by opening an account in a commercial bank.

(5) All expenses to be borne by the Council shall be met from the Fund pursuant to sub-section (1). 14. Accounts and Audit: (1) The accounts of the income and expenditure of the Council shall be kept in the manner adopted by the Government of Nepal.

(2) The audit of the Council shall be carried out by the Auditor General. 15. Administrative Head: The Government of Nepal may designate the Chairperson as Executive Chairperson. If no Executive Chairperson is so designated, the Member-Secretary of the Committee shall act as the Administrative Head of the Council. 16. Employees of the Council: (1) The Committee may appoint such employees as are necessary for the operation of the Council's functions.

(2) The conditions of service, facilities, and remuneration of employees appointed pursuant to sub-section (1) shall be as prescribed. 17. Report to be Submitted to the Government of Nepal: The Council shall submit an annual report of its work to the Government of Nepal within six months of the end of the fiscal year. 18. Government of Nepal May Give Directions: The Government of Nepal may give necessary directions to the Council, and it shall be the duty of the Council to comply with such directions. 19. Liaison with the Government of Nepal: While liaising with the Government of Nepal, the Council shall do so through Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075.the Ministry of Health and Population. 20. Dissolution of the Council: (1) If the Government of Nepal decides to dissolve the Council for any reasonable cause, the Council shall be dissolved.

(2) If the Council is dissolved pursuant to sub-section (1), the rights and liabilities of the Council shall vest in the Government of Nepal. 21. Power to Make Regulations: The Council may, with the approval of the Government of Nepal, make necessary regulations to carry out the objectives of this Act.
International Financial Transactions Act, 1998

International Financial Transactions Act, 2054 (1997)

Lalmohar and Publication Date
2054.9.15

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.7
2. Some Nepal Acts Amendment Act, 2075 (2018) to Make Conformable with the Constitution of Nepal 2075.11.19

Act No. 21 of the year 2054 (1997)



An Act Made to Provide for International Financial Transactions

Preamble: Whereas it is desirable to develop the economy of the nation in the context of the open, liberal and market-oriented economic policy adopted by the country and the globalization of the international financial market, to develop Nepal as an international financial transactions centre, and to regulate and systematize the financial activities of international financial institutions in Nepal;

Now, therefore, Parliament has enacted this Act in the twenty-sixth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short title and commencement: (1) This Act may be called the “International Financial Transactions Act, 2054 (1997).”

(2) This Act shall come into force on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. 2. Definition: Unless the subject or context otherwise requires, in this Act,-

(a) “International financial transaction” means any financial transaction conducted by a licensed institution pursuant to this Act.

(b) “International financial institution” means a financial institution under section 4.

(c) “Promotion Committee” means the International Financial Transactions Promotion Committee constituted under section 9.

(d) “License” means a license granted under section 14 for conducting international financial transactions pursuant to this Act.

(e) “Licensed institution” means an international financial institution that has obtained a license to conduct international financial transactions pursuant to this Act.

(f) “Implementation Committee” means the International Financial Transactions Implementation Committee constituted under section 11.

(g) “Person resident in Nepal” means any of the following persons:

(1) A Nepali citizen, other than a Nepali citizen who, by way of employment, trade or any other occupation or for any other work, is residing outside Nepal for a period longer than the prescribed period Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.;

(2) A non-Nepali citizen who is residing in Nepal for a period longer than the prescribed period by way of employment, trade or any other occupation or for any other work;

(3) Any institution registered in Nepal pursuant to the prevailing law.

(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules made under this Act. 3. License required: An international financial institution desiring to conduct international financial transactions shall obtain a license from the Implementation Committee under section 14. 4.
International Financial Transactions Act, 1998

7. Right to repatriate amounts: A licensed institution shall be entitled to repatriate outside Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the foreign currency earned by conducting international financial transactions and the foreign currency brought into Nepal by such institution for international financial transactions. Provided that it shall not be entitled to repatriate assets or capital earned by doing any act determined to be illegal or unlawful. 8. Not to be nationalized: The capital or assets of a licensed institution shall not be nationalized. 9. Constitution of Promotion Committee: (1) For the promotion of international financial transactions and development of Nepal as an international financial transactions centre, an International Financial Transactions Promotion Committee shall be constituted consisting of the following members:-

(a) Minister for Finance or Minister of State for Finance - Chairperson

(b) Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(c) Vice-Chairperson, National Planning Commission – Member

(d) Governor, Nepal Rastra Bank – Member

(e) Secretary, Ministry of Finance – Member

(f) Secretary, Amended by the Some Nepal Acts Amendment Act, 2075 to Make Conformable with the Constitution of Nepal. Ministry of Law, Justice and Parliamentary Affairs – Member

(g) One person nominated by the Government of Nepal from among persons who have gained experience in financial transactions – Member

(2) The Promotion Committee may invite domestic or foreign experts or consultants involved in international financial transactions to participate as observers in meetings of the Promotion Committee.

(3) The term of office of the member nominated under clause (g) of subsection (1) shall be two years.

(4) An officer of Nepal Rastra Bank, as prescribed by the Promotion Committee with the consent of Nepal Rastra Bank, shall act as Secretary of the Promotion Committee.

(5) The procedure relating to meetings of the Promotion Committee shall be as prescribed.

(6) The members of the Promotion Committee shall receive allowances and facilities as prescribed. 10.
International Financial Transactions Act, 1998

10. Functions, duties and powers of Promotion Committee: The functions, duties and powers of the Promotion Committee shall be as follows:-

(a) To determine necessary policies for the promotion of international financial transactions;

(b) To assist the Government of Nepal in drafting necessary laws for the promotion of international financial transactions;

(c) To establish or cause to be established coordination among relevant governmental, non-governmental and international bodies concerning the promotion of international financial transactions;

(d) To provide necessary suggestions to the Government of Nepal relating to concessions, facilities and incentives to be provided to international financial institutions in order to establish Nepal as an attractive international financial transactions centre;

(e) To hear appeals filed by an international financial institution against the suspension or cancellation of its license by the Implementation Committee;

(f) To carry out other functions considered necessary for the promotion of international financial transactions. 11. Constitution of Implementation Committee: (1) For granting licenses to international financial institutions for conducting international financial transactions and for regulating the financial transactions conducted by such institutions, an International Financial Transactions Implementation Committee shall be constituted consisting of the following members:-

(a) Governor, Nepal Rastra Bank – Chairperson

(b) Secretary, Ministry of Finance – Member

(c) Secretary, Amended by the Some Nepal Acts Amendment Act, 2075 to Make Conformable with the Constitution of Nepal. Ministry of Law, Justice and Parliamentary Affairs – Member

(d) One person nominated by the Government of Nepal from among chartered accountants – Member

(e) One person nominated by the Government of Nepal from among economists – Member

(2) The Implementation Committee may invite domestic or foreign experts or consultants involved in international financial transactions to participate as observers in meetings of the Implementation Committee.

(3) The term of office of the members nominated under clauses (d) and (e) of subsection (1) shall be two years.

(4) An officer of Nepal Rastra Bank, as prescribed by the Implementation Committee with the consent of Nepal Rastra Bank, shall act as Secretary of the Implementation Committee.

(5) The office of the Implementation Committee shall be located at Nepal Rastra Bank.

(6) The procedure relating to meetings of the Implementation Committee shall be as prescribed.

(7) The members of the Implementation Committee shall receive allowances and facilities as prescribed. 12.
International Financial Transactions Act, 1998

12. Functions, duties and powers of Implementation Committee: In addition to the functions, duties and powers elsewhere written in this Act, the other functions, duties and powers of the Implementation Committee shall be as follows:-

(a) To monitor and supervise whether a licensed institution is conducting international financial transactions in accordance with this Act and the rules made under this Act or other prevailing laws relating to international financial transactions;

(b) To make suggestions to the Promotion Committee regarding facilities to be provided to international financial institutions in order to establish Nepal as an attractive international financial transactions centre;

(c) To make suggestions to the Promotion Committee regarding reforms needed in the prevailing laws relating to international financial transactions in order to conduct international financial transactions in an effective and systematic manner;

(d) To inspect whether the conditions to be complied with by a licensed institution under this Act have been fulfilled, and if not fulfilled, to cause them to be fulfilled;

(e) To give necessary directions to a licensed institution relating to international financial transactions;

(f) To obtain services of domestic or foreign experts and specialized bodies for the promotion and development of international financial transactions;

(g) To comply with the directives given from time to time by the Promotion Committee;

(h) If a licensed institution has violated this Act or the rules made under this Act or other prevailing laws relating to international financial transactions, to suspend or cancel the license obtained by such institution, as the case may be;

Provided that before such cancellation, the institution concerned shall be given an opportunity to submit its defence.

(i) To carry out other functions as prescribed to make international financial transactions effective. 13. Application to be submitted for permission: An international financial institution desiring to conduct international financial transactions shall submit an application to the Implementation Committee for permission to conduct such financial transactions, together with the prescribed application fee, in the prescribed format, accompanied by the prescribed details and documents. 14. Grant of permission: Upon receipt of an application for permission to conduct international financial transactions under section 13, the Implementation Committee shall make the necessary inquiry, and if it deems it appropriate to grant permission to conduct international financial transactions, it shall, after prescribing necessary conditions and collecting the prescribed license fee, grant a license in the prescribed format. If the license cannot be granted, the applicant shall be informed accordingly. 15.
International Financial Transactions Act, 1998

If the license cannot be granted, the applicant shall be informed accordingly. 15. May call for information, details or documents: Before granting a license to any international financial institution under this Act, the Implementation Committee may call for such information, details or documents as it deems necessary from such institution relating to the grant of permission to conduct international financial transactions. It shall be the duty of the concerned international financial institution to promptly submit the information, details or documents so called for by the Implementation Committee. 16. Renewal of license: A license granted to conduct international financial transactions under section 14 shall be renewed each year. The renewal fee for the license and other provisions relating to renewal shall be as prescribed. 17. Confidentiality to be maintained: (1) The Implementation Committee shall keep confidential all documents and information in its custody or control relating to a licensed institution.

(2) The Implementation Committee shall not be compelled to produce before any court, commission of inquiry, Commission for the Investigation of Abuse of Authority or inquiry committee, or otherwise to breach the confidentiality of such documents or information.

(3) Notwithstanding anything contained in subsection (2), if there are sufficient grounds proving that documents and information relating to international financial transactions conducted by a licensed institution are related to illegal drugs or illegal arms, the court may, upon the request of the officer authorized to prosecute on behalf of the Government of Nepal, order the production of such documents and information before the court. 18. Amount to be deposited in Consolidated Fund: The fees and other amounts received by the Implementation Committee under this Act shall be deposited in the Consolidated Fund. 19. May form sub-committees: (1) The Promotion Committee or the Implementation Committee may, as necessary, form sub-committees for the conduct of its work.

(2) The functions, duties and powers, scope of work and procedure of the sub-committees formed under subsection (1) shall be as specified by the Promotion Committee or the Implementation Committee forming such sub-committee. 20. Assistance to be provided: All government bodies shall provide necessary assistance to the Promotion Committee and the Implementation Committee in relation to the conduct of their work. 21. Delegation of powers: (1) The Promotion Committee may delegate any or all of the powers conferred on it by this Act or the rules or regulations made under this Act, as necessary, to any member of the Promotion Committee or to the Implementation Committee.

(2) The Implementation Committee may delegate any or all of the powers conferred on it by this Act or the rules or regulations made under this Act, as necessary, to any member, sub-committee or any officer of the Implementation Committee.
Tourism Act, 1978

Tourism Act, 2035

Royal Seal and Date of Publication
2035.7.8.4

Amending Acts

1. Tourism (First Amendment) Act, 2042 2042.07.14
2. Administration of Justice Act, 2048 2048.02.16
3. Tourism (Second Amendment) Act, 2043* 2043.10.23

Ratification and Publication Date

4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) 2066.10.07
5. Some Nepal Acts Amendment Act, 2072 2072.11.13
6. Some Nepal Acts Amendment to Make Compatible with the Constitution of Nepal Act, 2075 2075.11.19
7. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 27 of the year 2035

(Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.)

An Act Made to Make Provisions Relating to Tourism

Preamble: Whereas, it is desirable to make necessary provisions for the health, convenience and interest of tourists coming to Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) and (Added by the Second Amendment.) of Nepali tourists traveling from one place to another within Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) for the purpose of developing tourism and safeguarding the economic interest of the general public,

Therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the National Panchayat. Chapter - 1
Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Tourism Act, 2035".

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

(3) Chapter 4 of this Act shall come into force on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint, and the remaining Chapters shall come into force immediately. (Chapter 4 of this Act was appointed to come into force immediately by a notification published in the Nepal Gazette dated 2036.7.26.)

2.
Tourism Act, 1978

Definitions: Unless the subject or context otherwise requires, in this Act, -

(Amended by the Second Amendment.)
(a) "Tourist" means a non-Nepali citizen coming to Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) from a foreign country for the purpose of sightseeing.

(Added by the Second Amendment.)
(a1) "Nepali tourist" means a Nepali citizen traveling from one place to another within Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.).

(Amended by the First Amendment.)
(b) "Travel Agency" means a person, firm or company which, irrespective of the name under which it is operated, makes arrangements, for a fee, for sightseeing, accommodation and for places where modern means of transport are available on behalf of tourists or other persons.

(Amended by the First Amendment.)
(c) "Trekking Agency" means a person, firm or company which, irrespective of the name under which it is operated, makes arrangements, for a fee, for traveling to places where modern means of transport are generally not available, with the objective of showing various natural and cultural sights to tourists or other persons.

(d) "Mountaineering" means the act of a team climbing a specific peak of the Nepalese Himalayan range with the objective of reaching that peak.

(e) "Base Camp" means the camp located at the lowest altitude, reachable without specific mountaineering techniques, which is established to store goods, food supplies, medicines, etc. used for climbing the relevant mountain, to supply such goods to the advance camp, or to give directions regarding mountaineering.

(f) "Liaison Officer" means a liaison officer appointed by the Government of Nepal pursuant to Section 20 to accompany a mountaineering expedition.

(g) "Sirdar" means a leader who arranges local workers, acts as a mountain guide, and controls workers going to high altitude or workers working at the base camp.

(h) "Mountain Guide" means a person who goes above the base camp to assist or help mountaineers in climbing activities.

(Amended by the First Amendment.)
(i) "High Altitude Worker" means a worker who carries necessary goods and materials to and from areas above the base camp.

(j) "Local Worker" means a porter who carries the mountaineering team's equipment to and from the base camp.

(k) "Base Camp Worker" means a person who cooks for the mountaineering team at the base camp, acts as a mail runner, or performs other similar tasks.

(l) "Mountaineering Association" means a mountaineering association registered pursuant to the prevailing law and recognized by the Government of Nepal pursuant to Section 37 for the purpose of mountaineering.

(m) "Guide" means a person who, for remuneration, accompanies a tourist and (Removed by the First Amendment.) works as a guide, and who is licensed pursuant to Section 39.

(Removed by the Second Amendment.)
(n)

(o) "Prescribed" or "as prescribed" means prescribed or as prescribed by this Act or the Rules framed under this Act.
Tourism Act, 1978

Chapter - 2
Provisions Relating to Travel and Trekking Agencies

3. License Required to Operate a Travel or Trekking Agency: (1) A person wishing to operate a travel or trekking agency must obtain a license under this Act.

(2) A person wishing to obtain a license for a travel or trekking agency shall submit an application to the Government of Nepal (Amended by the Second Amendment.) with details as prescribed.

(3) Upon receipt of an application under Sub-section (2), the Government of Nepal shall make necessary inquiries and, if it finds the applicant capable of operating a travel or trekking agency, shall issue a license as prescribed upon payment of the prescribed fee.

(Added by the First Amendment.)
(4) A license issued under Sub-section (3) shall be renewed within the prescribed period upon payment of the prescribed fee. 3A. Classification of Travel or Trekking Agencies: (Added by the Second Amendment.)
(1) The classification of travel or trekking agencies shall be as prescribed.

(2) The Government of Nepal may provide facilities as prescribed to travel or trekking agencies classified under Sub-section (1). 4. Disqualification: A license under Section 3 shall not be granted to the following persons: -

(a) A person not competent to contract under the prevailing law relating to contract,
(b) A person who has been adjudged insolvent,
(c) A person whose license for a travel or trekking agency has been cancelled under Section 9 and who has not completed a period of two years from that date,
(d) A person who has been convicted of a criminal offense involving moral turpitude and sentenced to imprisonment. 5. Travel or Trekking Agency to Notify Charges: (1) A travel or trekking agency licensed under this Act shall notify the Government of Nepal of the rate of charges to be taken from tourists for its services (Amended by the First Amendment.).

(2) The rate of charges notified under Sub-section (1) shall be published and publicized as prescribed by the Government of Nepal. 6. Payment of Bills in Convertible Foreign Currency: (1) While providing services to a tourist, a travel agency or trekking agency licensed under this Act (Amended by the First Amendment.) shall transact in such a manner that bills are paid in convertible foreign currency as prescribed by the Government of Nepal.

(2) All transactions of foreign currency earned within Nepal (Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.) or abroad as per Sub-section (1) shall be conducted through Nepal Rastra Bank.

(Added by the First Amendment.)
(3) The Government of Nepal may check whether transactions have been conducted in accordance with Sub-sections (1) and (2). 7.
Tourism Act, 1978

7. Power to Suspend License: (1) The Government of Nepal may suspend the license of a travel or trekking agency for a period not exceeding 6 months in the following circumstances: -

(a) If any provision of this Act or the Rules framed under this Act is violated, or
(b) If the person becomes disqualified under Clause (b) or (d) of Section 4.

(2) Before suspending a license of a person to operate a travel or trekking agency under Sub-section (1), such person shall be given an opportunity to submit his/her defense, and while giving such opportunity, a period of at least fifteen days shall be provided. 7A. Cancellation of License: (Added by the Second Amendment.)
If a travel or trekking agency whose license has been suspended under Section 7 again engages in the same type of activity after the expiry of the suspension period, the Government of Nepal may cancel the license of such travel or trekking agency as prescribed. 8. Trekking Agency Operating with Permission to Obtain License: (1) A person who has been operating a trekking agency with permission from the Government of Nepal prior to the commencement of this Act must also submit an application to the Government of Nepal for a license under this Act within the prescribed period, with details as prescribed.

(2) The Government of Nepal shall grant a license for the trekking agency to a person who submits an application within the period under Sub-section (1). 9.
Tourism Act, 1978

9. Penalty: (Amended by the First Amendment.)
(1) If a person opens a travel agency or trekking agency without obtaining a license under this Act, or without opening such an agency transacts or attempts to transact business related thereto, the Government of Nepal may cause such agency or business to be closed and impose a fine of up to twenty thousand rupees (Amended by the Second Amendment.) on such person.

(2) If a person engages in activities related to a travel or trekking agency while the license of such travel or trekking agency is suspended under Section 7, the Government of Nepal may impose a fine of up to twenty thousand rupees (Amended by the Second Amendment.) on such person and may also cancel the license of such travel or trekking agency held by that person.

(Amended by the First Amendment.)
(3) A person who violates Sub-section (1) of Section 6 may be fined by the Government of Nepal up to forty thousand rupees (Amended by the Second Amendment.) for the first offense and, from the second offense onwards, up to eighty thousand rupees (Amended by the Second Amendment.) for each subsequent offense.

(4) If a person has been punished three times or more under the prevailing law relating to foreign exchange for violation of Sub-section (2) of Section 6, the Government of Nepal may cancel the license of the travel agency or trekking agency (Amended by the Second Amendment.).

(5) A person aggrieved by an order given by the Government of Nepal under this Section may file a complaint with the High Court (Amended by the Second Amendment.) within thirty-five days. Chapter - 3

Provisions Relating to Tourist Standard Hotels, Lodges, Restaurants and Resorts, and Bars

10. Registration as Tourist Standard: (1) If a person wishes to register his/her hotel, lodge, restaurant, resort or bar as a tourist standard, he/she shall submit an application to the Government of Nepal as prescribed.

(2) If a hotel, lodge, restaurant, resort or bar sought to be registered under Sub-section (1) meets the prescribed facilities, it shall be registered as a tourist standard, and in the case of a hotel, it shall be registered under the prescribed classification of tourist standard.

(3) The fee for registering a hotel, lodge, restaurant, resort or bar under Sub-section (2) shall be as prescribed. 11. Formation of Standard Determination Committee: (1) The Government of Nepal may form a Standard Determination Committee to provide recommendations regarding the registration and classification of hotels, lodges, restaurants, resorts or bars as tourist standard.

(2) The Chairperson and members of the Committee under Sub-section (1) shall be as prescribed by the Government of Nepal. 12.
Tourism Act, 1978

12. Right to Inspect or Examine: (1) The Government of Nepal may inspect or cause to be inspected hotels, lodges, restaurants, resorts or bars registered under Section 10, and may examine or cause to be examined the food and drink items used therein.

(2) If, upon inspection of a hotel, lodge, restaurant, resort or bar or examination of items used therein under Sub-section (1), it is found not to be of the prescribed standard, the Government of Nepal shall give such hotel, lodge, restaurant, resort or bar a reasonable period to maintain the prescribed standard.

(3) If the prescribed standard cannot be maintained even after granting a period under Sub-section (2), the Government of Nepal may, after consulting the Standard Determination Committee under Section 11, suspend the registration of such hotel, lodge, restaurant, resort or bar or assign it an appropriate lower classification.

(4) If a hotel, lodge, restaurant, resort or bar whose registration has been suspended or which has been assigned a lower classification under Sub-section (3) succeeds in maintaining its original prescribed standard, the Government of Nepal may register such hotel, lodge, restaurant, resort or bar under its original classification or, if the registration was suspended, revoke the suspension.

(5) Notwithstanding anything contained in Sub-section (4), in the case of a hotel, lodge, restaurant, resort or bar which cannot maintain its original prescribed standard within one year from the date of suspension, the Government of Nepal may cancel the registration under Section 10. 13. Publication of Price List: Every hotel, lodge, restaurant, resort or bar registered under Section 10 shall send a notice of its rates or prices to the Government of Nepal and shall also publish and publicize them as prescribed by the Government of Nepal. 14. Restrictions on Hotels, Lodges, Restaurants, Resorts or Bars: (1) A hotel, lodge, restaurant, resort or bar not registered under Section 10 shall not do any of the following: -

(a) Use any word or symbol on its signboard, advertisement or business that implies it is a tourist standard hotel, lodge, restaurant, resort or bar, or
(b) Directly contact or advertise abroad with any tourist or travel agency for the purpose of arranging accommodation or food for tourists.

(2) A hotel registered under any prescribed classification under Section 10 shall not use any word or symbol on its signboard, advertisement or business that implies it is of a higher standard than the one in which it is registered. 14A.