chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Direct Sale of Goods (Management and Regulation) Act, 2017

If such act is repeated, double the fine may be imposed for each subsequent occasion. 25. Suspension of License: (1) If, upon inspection or investigation under Section 20, the Inspecting Officer recommends to the Department for legal action, stating that a licensee or direct seller or distributor of goods has seriously violated this Act or the rules made under this Act, or has done an act seriously affecting the rights and interests of consumers, the Department may suspend the license of such licensee for a prescribed period.

(2) Notwithstanding anything contained in Sub-section (1), if a case is filed under Section 39, the license of such licensee shall be automatically suspended.

(3) The licensee shall be informed of the suspension of the license under Sub-section (1).

(4) During the period of suspension of the license under Sub-section (1) or (2), such licensee shall not be entitled to engage in direct selling or distribution of goods under this Act. 26. Right to Appeal: (1) A party dissatisfied with an order made by the Department to pay compensation under Section 23, a fine imposed under Sub-sections (1), (2), (3) and (4) of Section 24, or a suspension made under Sub-section (1) of Section 25, may appeal to the concerned High Court within thirty-five days from the date of receipt of notice of such decision.

(2) A party dissatisfied with a fine imposed under Sub-sections (5) and (6) of Section 24 may appeal to the concerned District Court within thirty-five days from the date of receipt of notice of such decision. Chapter-5

Provisions Relating to Committees

27.
Direct Sale of Goods (Management and Regulation) Act, 2017

Chapter-5

Provisions Relating to Committees

27. Formation of Directing Committee: (1) There shall be a Directing Committee at the central level to perform necessary functions relating to making the business of direct selling or distribution of goods safe, systematic, and dignified, and for the protection of the rights and interests of consumers.

(2) The Directing Committee under Sub-section (1) shall consist of the following members:–

 (a) Secretary, Ministry - Chairperson

 (b) Joint Secretary, Ministry of Finance - Member
 (c) Joint Secretary, Ministry of Home Affairs - Member
 (d) Joint Secretary, Ministry of Industry - Member
 (e) Chief, Office of the Company Registrar - Member
 (f) One person nominated by the Ministry from amongst a representative organization related to consumer rights and interests - Member
 (g) One person nominated by the Ministry from amongst a representative organization associated with direct selling or distribution of goods - Member
 (h) One person nominated by the Ministry from amongst experts having experience in direct selling or distribution of goods - Member
 (i) Director General, Department - Member Secretary

(3) The term of office of nominated members under Clauses (f), (g), and (h) of Sub-section (2) shall be two years, and they may be re-nominated.

(4) Notwithstanding anything contained in Sub-section (3), if a nominated member fails to perform the work expected of his/her position, the Ministry may remove him/her at any time. Provided that before such removal, he/she shall be given a reasonable opportunity to present his/her defense.

(5) If the position of a member of the Directing Committee falls vacant for any reason, the vacant position shall be filled in the same manner in which such position was nominated.

(6) The Department shall serve as the Secretariat of the Directing Committee. 28.
Direct Sale of Goods (Management and Regulation) Act, 2017

28. Functions, Duties and Powers of Directing Committee: (1) The functions, duties and powers of the Directing Committee shall be as follows:–

(a) To cause studies and research on the economic and technical aspects of the business of direct selling or distribution of goods to facilitate its smooth operation,

(b) To direct the Department to carry out necessary study and research for timely amendment of the law relating to direct selling or distribution of goods, based on the status of implementation of such law,

(c) To formulate short-term and long-term policies to be adopted regarding making direct selling or distribution safe, systematic, and dignified and protecting the rights and interests of consumers, and submit them to the Government of Nepal,

(d) To give direction to the Department to adopt necessary measures to prevent unfair business activities relating to direct selling or distribution,

(e) To coordinate and supervise the work done by the Monitoring Committee and give direction as required,

(f) To perform other functions as prescribed.

(2) The Directing Committee may, as required, constitute a sub-committee to perform any function under Sub-section (1).

(3) The functions, duties and powers of a sub-committee constituted under Sub-section (2) shall be as determined by the Directing Committee. 29. Meeting and Decision of Directing Committee: (1) Meetings of the Directing Committee shall be held as required.

(2) Meetings of the Directing Committee shall be held on the date, time and place specified by the Chairperson.

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

(4) The opinion of the majority in a meeting of the Directing Committee shall prevail, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(5) The Chairperson may invite any expert related to direct selling or distribution of goods to a meeting of the Directing Committee.

(6) Decisions of the Directing Committee shall be certified by the Member Secretary of the Committee.

(7) Other procedures relating to meetings of the Directing Committee shall be as determined by the Committee itself.

(8) The Chairperson and members of the Directing Committee shall receive meeting allowance as prescribed for participating in the meeting. 30.
Direct Sale of Goods (Management and Regulation) Act, 2017

30. Monitoring Committee: (1) There shall be a Monitoring Committee at the district level to monitor the business of direct selling or distribution of goods.

(2) The Monitoring Committee under Sub-section (1) shall consist of the following members:–

 (a) Chief District Officer or Assistant Chief District Officer - Chairperson

 (b) Representative, District Coordination Committee - Member
 (c) Representative, Chamber of Commerce and Industry of the concerned district - Member
 (d) One person nominated by the Chairperson from amongst a representative organization related to consumer rights and interests - Member
 (e) Chief, Office of Commerce (in places where there is no Office of Commerce, the Chief of the District Office of Cottage and Small Industry or Cottage and Small Industry Development Committee) - Member Secretary

(3) The term of office of a nominated member under Clause (d) of Sub-section (2) shall be two years, and they may be re-nominated.

(4) Notwithstanding anything contained in Sub-section (3), if a nominated member fails to perform the work expected of his/her position, the Chairperson may remove him/her at any time. Provided that before such removal, he/she shall be given a reasonable opportunity to present his/her defense.

(5) If the position of a member of the Monitoring Committee falls vacant for any reason, the vacant position shall be filled in the same manner in which such position was nominated. 31.
Direct Sale of Goods (Management and Regulation) Act, 2017

Provided that before such removal, he/she shall be given a reasonable opportunity to present his/her defense.

(5) If the position of a member of the Monitoring Committee falls vacant for any reason, the vacant position shall be filled in the same manner in which such position was nominated. 31. Functions, Duties and Powers of Monitoring Committee: (1) In addition to the functions, duties and powers mentioned elsewhere in this Act, the other functions, duties and powers of the Monitoring Committee shall be as follows:–

(a) To monitor the business of direct selling or distribution of goods of licensees and direct sellers or distributors of goods within its district,

(b) To give necessary direction to a licensee or direct seller or distributor of goods if found to have failed to comply with any condition mentioned in this Act or done any act contrary to this Act or the rules made under this Act,

(c) To order the immediate seizure of all transactions relating to direct selling or distribution of goods if a licensee or direct seller or distributor of goods is found to have done any act contrary to this Act or the rules made under this Act,

(d) If a licensee or direct seller or distributor of goods is found to have done any act contrary to other prevailing law, or if any consumer is found to have suffered loss or damage due to any act done contrary to this Act or the rules made under this Act, to write to the Department to recover compensation for such loss or damage from the concerned licensee or direct seller or distributor of goods,

(e) To implement the direction given by the Directing Committee.

(2) Upon receiving a letter under Clause (d) of Sub-section (1), the Department shall immediately initiate legal action against the concerned licensee or direct seller or distributor of goods under this Act. 32.
Direct Sale of Goods (Management and Regulation) Act, 2017

32. Meeting and Decision of Monitoring Committee: (1) Meetings of the Monitoring Committee shall be held as required.

(2) Meetings of the Monitoring Committee shall be held on the date, time and place specified by the Chairperson.

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

(4) The opinion of the majority in a meeting of the Monitoring Committee shall prevail, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(5) The Chairperson may invite any expert related to direct selling or distribution of goods to a meeting of the Monitoring Committee.

(6) Decisions of the Monitoring Committee shall be certified by the Member Secretary of the Committee.

(7) Other procedures relating to meetings of the Monitoring Committee shall be as determined by the Committee itself.

(8) The Chairperson and members of the Monitoring Committee shall receive meeting allowance as prescribed for participating in the meeting. 33. Special Provision Relating to Direct Selling or Distribution in Province: Notwithstanding anything contained elsewhere in this Act, until the election of the Provincial Assembly is held and the Provincial Executive is formed, the provisions relating to direct selling or distribution in the province shall be as specified by the Government of Nepal by notification in the Nepal Gazette. Chapter-6

Provisions Relating to Orientation Training and Awareness

34. Orientation Training to be Given: (1) The licensee shall give orientation training to direct sellers or distributors as required, to provide information on matters related to direct selling or distribution of goods.

(2) Other provisions relating to orientation training shall be as prescribed. 35. Awareness Programs to be Conducted: (1) The licensee shall conduct consumer awareness programs as required, taking into account the level of consumer awareness and the status of direct selling or distribution of goods.

(2) While conducting programs under Sub-section (1), priority shall be given to local communication media.

(3) Other provisions relating to conducting awareness programs under Sub-section (1) shall be as prescribed. Chapter-7

Provisions Relating to Offenses and Penalties

36.
Direct Sale of Goods (Management and Regulation) Act, 2017

Chapter-7

Provisions Relating to Offenses and Penalties

36. Acts Constituting Offense: If any person does or causes to do any of the following acts, he/she shall be deemed to have committed an offense under this Act:–

(a) If any act relating to direct selling or distribution of goods is done or caused to be done contrary to Section 3,

(b) If business is operated or caused to be operated contrary to Section 11,

(c) If a direct seller or distributor is appointed without making an agreement under Section 14 and is engaged in work relating to direct selling or distribution of goods,

(d) If direct selling or distribution of goods is done during the period of suspension under Section 25,

(e) If obstruction or opposition is made to the act of inspection, investigation, or inquiry under this Act. 37. Penalties: (1) A person who commits or causes to commit the following offenses shall, depending on the gravity of the offense, be punished as follows:–

(a) For an offense under Clause (a) or (d) of Section 36, a fine equivalent to the amount involved if the amount is known, or a fine of one hundred thousand rupees to five hundred thousand rupees if the amount is unknown, or imprisonment for six months to one year, or both,

(b) For an offense under Clause (b) of Section 36, a fine equivalent to the amount involved if the amount is known, or a fine of five hundred thousand rupees to one million rupees if the amount is unknown, or imprisonment for three years to five years, or both,

(c) For an offense under Clause (c) of Section 36, a fine equivalent to the amount involved if the amount is known, or a fine of up to one hundred thousand rupees if the amount is unknown, or imprisonment for up to three years, or both,

(d) For an offense under Clause (e) of Section 36, a fine of up to fifty thousand rupees or imprisonment for up to three months, or both.

(2) If a company which is a licensee under this Act commits an offense under Section 36, the founder, director, or concerned office bearer of such company shall be liable to the penalty under this Section.

(3) A licensee or person who abets or incites the commission of an offense under Section 36 shall be liable to half the penalty imposable for committing such offense. Chapter-8

Provisions Relating to Investigation and Filing of Cases

38.
Direct Sale of Goods (Management and Regulation) Act, 2017

Chapter-8

Provisions Relating to Investigation and Filing of Cases

38. Filing of Complaint: (1) If any person comes to know of any act that constitutes an offense under Section 36 having been done, being done, or about to be done, any person may file a complaint within ninety days with the Inspecting Officer or the nearest police office.

(2) If a complaint is filed with a police office under Sub-section (1), the police office shall forward the complaint to the Inspecting Officer as soon as possible and inform the concerned complainant thereof.

(3) Upon receiving a complaint under Sub-section (1) or (2), the Inspecting Officer shall commence investigation as prescribed. 39. Investigation and Filing of Case: (1) The investigation of cases relating to offenses punishable under this Act shall be conducted by the Inspecting Officer. While conducting the investigation, the Inspecting Officer may obtain necessary assistance from the concerned District Police Office.

(2) A case shall be filed in the concerned District Court within thirty-five days from the date of completion of investigation under Sub-section (1).

(3) While filing a case under Sub-section (1), the Inspecting Officer shall obtain the opinion of the government attorney.

(4) The defense of a case filed by the Inspecting Officer under this Act shall be conducted by the government attorney. 40. Government of Nepal to be Plaintiff: Cases relating to offenses under Section 36 shall be filed with the Government of Nepal as plaintiff. 41. Summary Procedure to be Adopted: While conducting proceedings and deciding a case filed under this Act, the procedure under the Summary Procedure Act, 2028 shall be adopted. 42. No Bar to Proceedings Under Prevailing Law: If an act constituting an offense under this Act also constitutes an offense under other prevailing law, nothing in this Act shall be deemed to bar proceedings under such prevailing law. Chapter-9

Miscellaneous

43. Classification of Licensees: The Department may classify licensees engaged in direct selling or distribution of goods as prescribed. 44. Provision Relating to Social Security: The licensee shall fulfill the social security standards as prescribed before engaging in the business of direct selling or distribution of goods. 45. Provisions Relating to Records and Reports: (1) The licensee shall keep records of transactions relating to direct selling or distribution of goods and details including direct sellers or distributors in the prescribed format.
Direct Sale of Goods (Management and Regulation) Act, 2017

45. Provisions Relating to Records and Reports: (1) The licensee shall keep records of transactions relating to direct selling or distribution of goods and details including direct sellers or distributors in the prescribed format. Such records may be inspected, called for, or examined by the Inspecting Officer or the Department at any time.

(2) The licensee shall submit a report including details of its transactions every three months to the Department in the prescribed format.

(3) The licensee shall prepare and submit an annual report to the Department within three months after the end of each fiscal year.

(4) Other provisions relating to keeping records and making reports under this Section shall be as prescribed. 46. Registration of Details: The Department shall keep an updated register of details received from time to time from licensees under this Act, in the prescribed format. 47. Amendment of Details: (1) If any person wishes to change any general detail mentioned in the license, he/she shall submit an application to the Department in the prescribed format, along with the prescribed fee. Explanation: For the purpose of this Section, "general detail" refers to matters such as the name, address, contact number of the company or its director.

(2) If the content of the application submitted for changing details under Sub-section (1) appears reasonable, the Department may change the details as applied. 48. Details to be Made Public: (1) The Department shall, from time to time, update and make public the details such as the name, address, telephone number of licensees, details if any appointment of direct sellers or distributors or opening of branches has been made, and the validity period of the license, through at least a national daily newspaper or its
Private Firm Registration Act, 1958

Private Firm Registration Act, 2014

Date of Royal Seal Date of Publication in Nepal Gazette
2014.11.2 2014.11.3

Amending Acts

1. Private Firm Registration (Amendment) Act, 2017 2018.1.14 2018.1.16

Royal Seal and Publication Date
2. Some Nepal Laws (Amendment and Reorganization) Act, 2020 2020.1.16
3. Justice Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
4. Private Firm Registration (Second Amendment) Act, 2044 2044.6.9
5. Justice Administration Act, 2048 2048.2.16

Certification and Publication Date
6. Act to Amend Some Nepal Acts to Ensure Gender Equality, 2063 2063.7.17
7. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.10.7
8. Act to Amend Some Nepal Acts, 2072 2072.11.13
9. Act to Amend Some Nepal Acts to Make Compatible with the Constitution of Nepal, 2075 2075.11.9

Act No. 20 of the year 2014



An Act made for the purpose of registering Private Firms

Whereas it is desirable to maintain the convenience and economic interest of the general public by making provisions for the registration of private firms engaged in trade and industrial business and other related arrangements, amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020. This Act is hereby enacted and issued by His Majesty the King. 1. Short title, extent and commencement: (1) This Act may be called the "Private Firm Registration Act, 2014."

(2) This Act shall apply throughout Nepal.

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

(a) "Private Firm" means a firm or company or category that carries on the business of export or import of industrial business by one person under a private or so-called name, amended by Some Nepal Laws (Amendment and Reorganization) Act, 2020.

(b) "Export" means the act of exporting goods from the State of Nepal to foreign countries.

(c) "Import" means the act of importing goods into the State of Nepal from foreign countries.

(d) "Notified Order" means an order published in the Nepal Gazette.

amended by Act to Amend Some Nepal Acts to Make Compatible with the Constitution of Nepal, 2075.(e) "Concerned Department" means, for matters of firms related to commerce, the Department of Commerce, Supplies and Consumer Protection, and for matters of other industries besides that, the Department of Industries, and that term shall also mean the department or office dealing with commerce and industry of the provincial government for matters related to commerce and cottage and small industries.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Prohibition on opening a Private Firm without registration: After the commencement of this Act, no person shall open a private firm without registering it under this Act. 4.
Private Firm Registration Act, 1958

3. Prohibition on opening a Private Firm without registration: After the commencement of this Act, no person shall open a private firm without registering it under this Act. 4. Application for registering a Private Firm and registration: (1) A person wishing to register a private firm may submit an application in the prescribed form along with the prescribed fee to the concerned Department. Such application shall contain the following particulars:-

(a) Name of the private firm.

(b) Address of the private firm.

(c) Purpose of the private firm and details of the goods or articles it deals in and the work it performs.

amended by the Second Amendment.(d) Name, address, and amended by Act to Amend Some Nepal Acts to Ensure Gender Equality, 2063. names of father and mother and grandfather and grandmother of the owner of the private firm, and

(e) Other particulars as may be prescribed by the Government of Nepal by a notified order from time to time.

(2) After an application is filed under sub-section (1), the concerned Department shall make necessary inquiries as prescribed, and if upon inquiry it has reasonable cause to believe that the particulars disclosed in the application are true and if it considers it reasonable to open a private firm as applied for, it shall register the private firm in the register book as prescribed and issue a certificate in the prescribed form to the applicant.

added by the Second Amendment.(3) Notwithstanding anything contained in sub-section (2), more than one private firm related to commerce having the same purpose shall not be registered in the name of the same person. 5. Duration of certificate of a Private Firm and method of renewal: The duration of the certificate of each private firm registered under this Act, the method of renewal, and the fee payable for such renewal shall be as prescribed.

added by Act to Amend Some Nepal Acts to Make Compatible with the Constitution of Nepal, 2075.5A. Private Firm Registration in Province: The registration, renewal, and other related arrangements of private firms at the provincial level shall be as provided in the provincial law, subject to this Act.

amended by the Second Amendment.6. Approval required in case of change in particulars: If any change is to be made in the particulars kept submitted with the concerned Department under sub-section (1) of Section 4, notice as prescribed shall be given to the concerned Department within the prescribed period, and the change may be made only after approval is obtained from the concerned Department. 7.
Private Firm Registration Act, 1958

7. Legal recognition not to be given to transactions and other dealings made in the name of Private Firms not registered under this Act: After the commencement of this Act, no legal recognition shall be given to any transaction or other dealing made in the name of a private firm not registered under this Act.

added by the Second Amendment.7A. Concerned Department may demand particulars: (1) The concerned Department may demand details of accounts from any private firm registered under this Act.

(2) It shall be the duty of such private firm to submit the details of accounts demanded under sub-section (1) to the concerned Department.

added by the Second Amendment.7B. Private Firm may be dissolved: (1) The concerned Department may dissolve a private firm in the following circumstances:-

(a) If a private firm related to commerce and business does not get renewal within the prescribed period,

(b) If the owner of the private firm submits an application to the concerned Department showing reasonable cause to have his/her private firm dissolved,

(c) If it is determined that the private firm was registered by misrepresenting any matter contrary to sub-section (3) of Section 4,

(d) If, when the concerned Department demands the details under Section 7A, the relevant private firm does not submit such details within the prescribed period,

(e) If a private firm related to industry, after operating, closes the industry with or without informing the concerned Department,

(f) If a private firm related to industry does not get renewal within the prescribed period from the date of expiry of the renewal period, or even if it gets renewal, does not submit a written progress report to the concerned Department regarding the construction of a factory, purchase of machinery, tools or equipment, or any work necessary for operating the industry in accordance with the conditions of the license, or

(g) If the private firm does any other act contrary to this Act or the rules made under this Act.

(2) Before dissolving a private firm under clause (a), (c), (d), (e), (f), or (g) of sub-section (1), the concerned Department shall give the relevant private firm a reasonable opportunity to submit evidence of defense.

(3) If a private firm is dissolved by the concerned Department under clause (a), (c), (d), (e), (f), or (g) of sub-section (1), another private firm with the same purpose shall not be registered in the name of the owner of the dissolved firm for one year. 8. Penalty: (1) Every owner of a private firm opened without registration under this Act shall be liable to a fine of Rs. 5 (five) to Rs.
Private Firm Registration Act, 1958

8. Penalty: (1) Every owner of a private firm opened without registration under this Act shall be liable to a fine of Rs. 5 (five) to Rs. 50 (fifty) at the discretion of the concerned Department, and if the same offense is repeated, an additional fine of Rs. 10 (ten) shall be imposed for each subsequent offense up to three times in addition to the initial fine. If such act is done for a fourth time, no registration shall ever be allowed in that person's name.

(2) A person who submits false particulars while applying under Section 4 shall be liable to a fine of Rs. 25 (twenty-five) to Rs. 50 (fifty) at the discretion of the concerned Department.

(3) A private firm that fails to submit the notice required under Section 6 within the prescribed period or submits a false notice shall be liable to a fine of Rs. 25 (twenty-five) to Rs. 50 (fifty) at the discretion of the concerned Department.

(4) The Government of Nepal may, by a notified order, prohibit any private firm not registered or renewed under this Act and any bank dealing with such firm from exporting or importing any goods.

added by Justice Administration Reform (Fourth Amendment) Act, 2043.(5) A person dissatisfied with the punishment imposed by the concerned Department under this section may appeal to the amended by Act to Amend Some Nepal Acts, 2072.High Court. 9. Power to make rules: The Government of Nepal may make rules for the purpose of implementing this Act. The Government of Nepal may also make provision in such rules for imposing fines on persons who violate the matters written in those rules. 10. Repeal: The Private Company Law dated 2000 Chaitra 17, day 4 is hereby repealed. 11. amended by Private Firm Registration (Amendment) Act, 2017. This amendment shall be deemed to have come into force from the date of commencement of the original Act. Previous licenses to be void: All licenses previously issued by the Government of Nepal in relation to opening a private firm before the commencement of this Act must be renewed by completing the procedure prescribed under Section 5 within the period specified by the Government of Nepal by publishing a notice in the Nepal Gazette. Licenses not renewed within that period shall become void.
Revenue Stamp Duty Act, 1962

Revenue Stamp Duty Act, 2019

Royal Seal and Date of Publication
2019.9.29

Amending Acts

1. Revenue Stamp Duty (First Amendment) Act, 2035 2035.7.1
2. Some Nepal Acts Relating to Finance Amendment Act, 2047 2047.8.27

Ratification and Date of Publication

3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
4. Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075 2075.11.19

Act No. 34 of the year 2019



Act made to provide for Revenue Stamp Duty

Preamble: Whereas it is expedient to levy revenue stamp duty on documents of transactions relating to income and to systematize the working procedure relating to such revenue stamps,

His Majesty King Mahendra Bir Bikram Shah Dev has made this Act in accordance with Article 93 of the Constitution of Nepal. 1. Short title, extent and commencement: (1) This Act may be called the "Revenue Stamp Duty Act, 2019".

(2) This Act shall extend to the whole of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(3) This Act shall be deemed to have commenced from 2019.4.9. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Revenue stamp" means a revenue stamp approved by the Government of Nepal to be affixed to the documents mentioned in sub-section (1) of section 4.

(b) Omitted by the First Amendment.

(c) Omitted by the First Amendment.

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

(e) "Schedule" means the Schedule to this Act. 3. Repealed by the First Amendment. 4.
Revenue Stamp Duty Act, 1962

3. Repealed by the First Amendment. 4. Revenue stamp duty leviable: Amended by the First Amendment. (1) Revenue stamp duty shall be leviable on the following documents as mentioned in the Schedule:

(a) Deed or note of a transaction,
(b) Lease deed,
(c) Deed of sale, except non-institutional agricultural produce,
(d) Document relating to purchase or sale of shares, debentures, or stock,
(e) Bill of exchange and promissory note,
(f) Non-insurance policy document, and
(g) Receipt of rent paid for a house, shop, hall, hotel, or room.

(2) Notwithstanding anything contained in sub-section (1), revenue stamp duty shall not be leviable on the following documents:

(a) Deed which is compulsorily required to be registered,
(b) Receipt of repayment of principal, interest, or kind or cash crop of a loan a deed,
(c) Debentures issued by the Government of Nepal and by the Provincial Government with the consent of the Government of Nepal,
(d) Cheque, draft, T.T., and
(e) Such documents among those mentioned in sub-section (1) as the Government of Nepal may, by notification published in the Nepal Gazette, specify as exempt from revenue stamp duty wholly or partially.

(3) Until revenue stamps are available to be affixed to the documents on which revenue stamp duty is leviable under sub-section (1), postage stamps may be affixed in lieu thereof. 5. Arrangement for sale of revenue stamps: (1) The Government of Nepal may, by notification published in the Nepal Gazette, make provision for commission to be obtained by any person who purchases revenue stamps. Amended by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. (2) If revenue stamps required to be affixed under this Act are not available, or if there is a lack of suitable space on the document on which such stamps are to be affixed, it shall be deemed for the purposes of this Act that revenue stamps have been affixed if the amount payable as revenue stamp duty is deposited as revenue in the Nepal Rastra Bank or in a bank designated by the Nepal Rastra Bank for revenue collection and a voucher thereof, or the cash amount is paid to the concerned office and a receipt thereof, is attached to the document on which revenue stamps are to be affixed. Amended by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. (3) If an amount is brought to be paid in lieu of revenue stamps under sub-section (2), the bank or the concerned office shall accept it and issue a receipt thereof, and if the amount is deposited in cash in the office, it shall be credited to the revenue account. 6.
Revenue Stamp Duty Act, 1962

6. Duty to affix revenue stamps: When carrying out a transaction mentioned in section 4, the person taking the document as evidence shall affix the stamp and have the person giving the document sign and seal by writing the date covering both the document and the revenue stamp as applicable in the Schedule, and then take the document. 7. Document without revenue stamp affixed not to have legal validity: Amended by the First Amendment. (1) If revenue stamp duty is leviable on a document under this Act and a revenue stamp is not affixed, such document shall not be given legal validity.

(2) Notwithstanding anything contained in sub-section (1), if any person has not affixed a revenue stamp or has affixed a revenue stamp of a lesser amount than the rate mentioned in the Schedule, such a document may be given legal validity by requiring that person to affix five times the amount of stamp that should have been affixed in the case of complete non-affixation, or five times the deficient amount in the case of short affixation, or by recovering that amount. 7A. Determination of value of kind for the purpose of revenue stamp duty: Added by the First Amendment. For the purpose of revenue stamp duty, in determining the value of kind, the value shall be calculated at the prevailing local market rate. 8. Power to make rules: The Government of Nepal may make rules for the purpose of implementing the objectives of this Act. 9. Repealed by the Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075. Schedule
Amended by the First Amendment. Rate of Revenue Stamp Duty

 Documents on which revenue stamp is leviable

 Stated Value Duty
 Up to Rs. 100 Nil
 From Rs. 101 to 250 Rs. 1.–
 From Rs. 251 to 500 Rs. 2.–
 From Rs. 501 to 750 Rs. 3.–
 From Rs. 751 to 1000 Rs. 4.–
 For every thousand above Rs. 1000 Rs. 4.–

Explanation: Duty shall be levied according to the Schedule only on a deed or note of a household transaction of an amount exceeding one thousand rupees.
National Academy of Medical Sciences Act, 2006

National Academy of Medical Sciences Act, 2063

Certification and Publication Date
2063.08.17

Amending Acts

1. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
2. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act No. 26 of the year 2063

An Act Made to Provide for the National Academy of Medical Sciences

Preamble: Whereas, it is desirable to make legal provisions for the establishment and operation of a National Academy of Medical Sciences for producing skilled manpower and providing quality health services to the general public by arranging high-level study and research in the field of medical science,

Now, therefore, the House of Representatives has enacted this Act in the first year of the issuance of the Proclamation of the House of Representatives, 2063. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "National Academy of Medical Sciences Act, 2063".

(2) This Act shall be deemed to have commenced from the 23rd day of the month of Baisakh of the year 2063. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Academy" means the National Academy of Medical Sciences established pursuant to Section 3.

(b) "Assembly" means the Assembly formed pursuant to Section 7.

(c) "Academic Council" means the Academic Council formed pursuant to Section 9.

(d) "Executive Council" means the Executive Council formed pursuant to Section 11.

(e) "Service Commission" means the Service Commission formed pursuant to Section 13.

(f) "Hospital" means the Bir Hospital established pursuant to Section 14.

(g) "Chancellor" means the Chancellor pursuant to Section 16.

(h) "Vice-Chancellor" means the Vice-Chancellor pursuant to Section 17.

(i) "Pro-Chancellor" means the Pro-Chancellor pursuant to Section 18.

(j) "Dean of Studies" means the Dean of Studies pursuant to Section 19.

(k) "Registrar" means the Registrar pursuant to Section 19.

(l) "Dean" means the Dean pursuant to Section 19.

(m) "Director" means the Director pursuant to Section 20.

(n) "Teacher" means a person assigned the responsibility of providing education and conducting research at the Academy.

(o) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2
Establishment, Form, Functions, Duties and Powers of the Academy

3. Establishment of the Academy: (1) The National Academy of Medical Sciences is established for, inter alia, conducting high-level study and research in the field of medical science.

(2) The principal office of the Academy shall be located in the Kathmandu Valley.

(3) The Academy shall be called "National Academy of Medical Sciences" in the English language. 4.
National Academy of Medical Sciences Act, 2006

4. Academy to be an Autonomous and Corporate Body: (1) The Academy shall be an autonomous and corporate body with perpetual succession.

(2) The Academy shall have its own separate seal for its business.

(3) The Academy may, like a person, acquire, use, sell or otherwise dispose of movable and immovable property.

(4) The Academy may, like a person, sue and be sued in its own name. 5. Form of the Academy: The Academy shall have the following organizations, and the collective form of these organizations shall be the form of the Academy:-

(a) Assembly,
(b) Academic Council,
(c) Executive Council,
(d) Service Commission,
(e) Hospital, and
(f) Other bodies as prescribed. 6. Functions, Duties and Powers of the Academy: (1) The functions, duties and powers of the Academy shall be as follows:-

(a) To conduct study, teaching, training and research on various subjects related to health,
(b) To provide quality health services,
(c) To make agreements with domestic and foreign universities, hospitals and educational institutions to conduct study, teaching, training and research programs on various subjects related to health,
(d) To produce necessary skilled manpower to provide quality health services,
(e) To maintain coordination with domestic or foreign universities, hospitals or educational institutions to enhance the level of various programs operated by the Academy,
(f) To establish, expand and strengthen relations with domestic and foreign universities, academies and international organizations related to health, and to exchange mutual cooperation,
(g) To organize and cause to organize workshops, conferences, seminars on various subjects related to health,
(h) To publish and cause to publish various books related to health,
(i) To perform other functions as prescribed.

(2) The functions, duties and powers of the Academy shall be exercised and performed through the organizations of the Academy. Chapter-3
Formation, Functions, Duties and Powers of the Assembly

7.
National Academy of Medical Sciences Act, 2006

Chapter-3
Formation, Functions, Duties and Powers of the Assembly

7. Formation of the Assembly: (1) There shall be an Assembly as the supreme body of the Academy.

(2) The formation of the Assembly shall be as follows:-

(a) Vice-Chancellor - Chairperson
(b) Pro-Chancellor - Member
(c) Member, National Planning Commission (looking after Health) - Member
(d) Two persons nominated by the Assembly from among the Pro-Chancellors of universities or academies conducting study and research on medical subjects - Member
(e) Secretary, Ministry of Health and Population - Member
Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.(f) Secretary, Ministry of Education, Science and Technology - Member
(g) Secretary, Ministry of Finance - Member
(h) Chairperson, University Grants Commission - Member
(i) Chairperson, Nepal Medical Council - Member
(j) Chairperson, Nepal Health Research Council - Member
(k) Dean of Studies - Member
(l) Dean - Member
(m) Chief, Kathmandu Metropolitan City - Member
(n) Two persons nominated by the Government of Nepal from among the Directors or Medical Superintendents of hospitals that have agreements with the Academy - Member
(o) Dean, Institute of Medicine, Tribhuvan University - Member
(p) One person nominated by the Assembly on the recommendation of the Academic Council from among scientists in the health sector - Member
(q) Two persons nominated by the Assembly on the recommendation of the Academic Council from among teachers - Member
(r) Chief of the nursing-related institution operated under the Academy - Member
(s) Two persons nominated by the Government of Nepal from among distinguished scholars and social workers, ensuring representation of women as well - Member
(t) Registrar - Member-Secretary

(3) The term of office of nominated members under Sub-section (2) shall be three years.

(4) The Assembly may, if it so desires, invite a person engaged in study and research work in the field of medical science to participate in the meeting of the Assembly as an observer.

(5) The procedure relating to the meeting of the Assembly shall be as prescribed. 8. Functions, Duties and Powers of the Assembly: The functions, duties and powers of the Assembly shall be as follows:-

(a) To approve the policies, plans and programs of the Academy,
(b) To approve the rules of the Academy,
(c) To pass the annual budget of the Academy,
(d) To confer degrees, certificates, medals and awards to the concerned persons on the recommendation of the Academic Council,
(e) To approve proposals submitted by the Academic Council and the Executive Council,
(f) To perform other functions as prescribed. Chapter-4
Formation, Functions, Duties and Powers of the Academic Council

9.
National Academy of Medical Sciences Act, 2006

Chapter-4
Formation, Functions, Duties and Powers of the Academic Council

9. Academic Council: (1) There shall be an Academic Council to function as the body to manage the educational, academic and research work of the Academy.

(2) The formation of the Academic Council under Sub-section (1) shall be as follows:-

(a) Dean of Studies - Chairperson
(b) Representative (at least gazetted first class), Ministry of Health and Population - Member
Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.(c) Representative (at least gazetted first class), Ministry of Education, Science and Technology - Member
(d) Three persons nominated by the Assembly from among the teachers of the Academy - Member
(e) Three persons nominated by the Assembly on the recommendation of the Academic Council from among the coordinators of programs on various subjects conducted by the Academy - Member
(f) Two persons nominated by the Academic Assembly ensuring representation from among the teaching institutions conducting post-graduate level programs in the field of medical science - Member
(g) Chief of the Nursing Campus - Member
(h) Dean - Member-Secretary

(3) The term of office of nominated members under Sub-section (2) shall be three years.

(4) The procedure relating to the meeting of the Academic Council shall be as prescribed. 10. Functions, Duties and Powers of the Academic Council: The functions, duties and powers of the Academic Council shall be as follows:-

(a) To conduct and cause to conduct study and research programs to provide education on various subjects and levels related to medical science,
(b) To determine the qualifications of teachers required for the Academy,
(c) To prepare curricula and textbooks,
(d) To select students,
(e) To conduct examinations and publish results,
(f) To recommend to the Assembly to confer degrees and certificates of educational qualification to students who pass examinations,
(g) To recommend to the Assembly to award prizes and medals to students who pass examinations with distinction,
(h) To recommend to the Assembly to award prizes, medals and honorary degrees to students who make outstanding contributions in the field of medical science,
(i) To recommend to the Assembly to provide scholarships to outstanding persons and students in study, training and research conducted by the Academy,
(j) To determine fees for study, training and research,
(k) To implement and cause to implement decisions related to the Academic Council approved by the Assembly,
(l) To perform other functions as prescribed. Chapter-5
Formation, Functions, Duties and Powers of the Executive Council

11.
National Academy of Medical Sciences Act, 2006

Chapter-5
Formation, Functions, Duties and Powers of the Executive Council

11. Formation of the Executive Council: (1) There shall be an Executive Council to function as the executive body of the Academy.

(2) The formation of the Executive Council shall be as follows:-

(a) Pro-Chancellor - Chairperson
(b) Dean of Studies - Member
(c) Dean - Member
(d) One person from among teachers - Member
(e) Director - Member
(f) Registrar - Member-Secretary

(3) The nomination of the member under clause (d) of Sub-section (2) shall be made by the Vice-Chancellor on the recommendation of the Pro-Chancellor.

(4) The term of office of the nominated member under Sub-section (2) shall be three years.

(5) The procedure relating to the meeting of the Executive Council shall be as prescribed. 12. Functions, Duties and Powers of the Executive Council: The functions, duties and powers of the Executive Council shall be as follows:-

(a) To implement and cause to implement the decisions and directives of the Assembly,
(b) To prepare the annual program, budget, progress report, audit report and other proposals of the Academy and submit them to the Assembly for approval,
(c) To operate, supervise and protect the fund and movable and immovable property of the Academy,
(d) To sell, give on contract or lease the movable and immovable property of the Academy subject to the policy directives of the Assembly,
(e) To coordinate, supervise and inspect the programs operated by the Academy and submit a report thereof to the Assembly,
(f) To prepare drafts of rules relating to the Academy and submit them to the Assembly for approval,
(g) To appoint and promote teachers and employees required for the Academy on the recommendation of the Service Commission,
(h) To accept donations, grants, financial and other assistance received by the Academy,
(i) To perform functions as specified by the Assembly,
(j) To perform other functions as prescribed. Chapter-6
Formation, Functions, Duties and Powers of the Service Commission

13.