chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
National Broadcasting Act, 1993

To protect and promote the freedom of expression and the right to be well-informed of the people guaranteed by the Constitution, and to bring the economic, social and cultural activities of the country to the public through the broadcasting system, creating an environment of equality, mutual goodwill and harmony among all castes, languages, classes, regions and religious denominations, and to raise public awareness through the medium of the national language as well, Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

सूचना र सञ्चार क्षेत्रमा उपलब्ध आधुनिक प्रविधिको प्रयोग गरी प्रसारणका माध्यमहरूलाई विश्वसनीय, प्रभावकारी एवं सुदृढ बनाई राष्ट्रिय र अन्तर्राष्ट्रिय स्तरमा भएका निष्पक्ष एवं आधिकारिक समाचार तथा सूचनाको जानकारी आम जनताले पाउने गरी सूचनाको प्रवाहलाई निर्वाध रूपले प्रसारण गर्ने सम्बन्धमा कानूनी व्यवस्था गर्न वाञ्छनीय भएकोले,
Since it is desirable to make legal provisions regarding the uninterrupted flow of information so that the general public may obtain information of impartial and authentic news and information occurring at the national and international level by making the means of broadcasting reliable, effective and strong through the use of modern technology available in the field of information and communications,

श्री ५ महाराजाधिराज वीरेन्द्र वीर विक्रम शाहदेवको शासनकालको बाईसौं वर्षमा संसदले यो ऐन बनाएको छ । Parliament has enacted this Act in the twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

१. संक्षिप्त नाम र प्रारम्भ: (१) यस ऐनको नाम "राष्ट्रिय प्रसारण ऐन, २०४९" रहेको छ । 1. Short Title and Commencement: (1) This Act may be cited as the "National Broadcasting Act, 2049".

(२) यो ऐन तुरुन्त प्रारम्भ हुनेछ । (2) This Act shall come into force immediately.

२. परिभाषा: विषय वा प्रसङ्गले अर्को अर्थ नलागेमा यस ऐनमा,-
2.
National Broadcasting Act, 1993

Supervision and Operation of Broadcasting Related Programmes: The Government of Nepal shall have the authority to formulate policy for the supervision and operation of broadcasting related programmes within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

३क. प्रदेश तथा स्थानीय कानून बमोजिम हुने: केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५ द्वारा थप । (१) यस ऐनमा अन्यत्र जुनसुकै कुरा लेखिएको भए तापनि देहायको विषयमा देहाय बमोजिम हुनेछ :-
3A. To be According to Provincial and Local Law: Inserted by the Some Nepal Acts Amendment Act, 2075. (1) Notwithstanding anything elsewhere written in this Act, the following matters shall be as follows:-

(क) एक सय वाट सम्मका एफ. एम. रेडियो सञ्चालनको इजाजत, नवीकरण र नियमन सम्बन्धी कार्य आफ्नो स्थानीय तहको क्षेत्र भित्र सम्बन्धित स्थानीय तहले बनाएको कानून बमोजिम हुनेछ । (क) The licensing, renewal and regulation of FM radio operation up to one hundred watts shall be according to the law made by the concerned local level within its local level area.

(ख) एक सय वाट भन्दा माथि एकहजार वाट सम्मको एफ. एम. रेडियो प्रसारण र केबलमा आधारित टेलिभिजन प्रसारणको इजाजत, नवीकरण र नियमन सम्बन्धी कार्य आफ्नो प्रदेशभित्र सम्बन्धित प्रदेशले बनाएको कानून बमोजिम हुनेछ । (ख) The licensing, renewal and regulation of FM radio broadcasting above one hundred watts up to one thousand watts and cable-based television broadcasting shall be according to the law made by the concerned province within its province.

(२) यस ऐन बमोजिम हुने एफ.एम. रेडियोको फ्रिक्वेन्सीको बाँडफाँटका लागि सम्बन्धित प्रदेश वा स्थानीय तहले मन्त्रालय समक्ष माग गर्नु पर्नेछ । (2) For the allocation of FM radio frequencies to be done pursuant to this Act, the concerned province or local level shall request the Ministry.

(३) उपदफा (१) बमोजिम इजाजत, नवीकरण र नियमन सम्बन्धी स्थानीय तह वा प्रदेशले कानून नबनाए सम्मको लागि त्यस्तो विषयको इजाजत, नवीकरण तथा नियमन यो ऐन वा यस ऐन अन्तर्गत बनेको नियमावली बमोजिम हुनेछ । (3) Until such time as the local level or province has not made a law regarding licensing, renewal and regulation pursuant to sub-section (1), the licensing, renewal and regulation of such matter shall be according to this Act or the rules made under this Act.

४. इजाजतपत्र नलिई प्रसारण गर्न नहुने: कसैले पनि यस ऐनबमोजिम इजाजतपत्र नलिई कुनै पनि कार्यक्रम प्रसारण गर्नु हुँदैन । 4.
National Broadcasting Act, 1993

Not to Broadcast Without Licence: No person shall broadcast any programme without obtaining a licence pursuant to this Act.

५. इजाजतपत्रको लागि निवेदन दिनु पर्ने: नेपाल गणतन्त्र सुदृढीकरण तथा केही नेपाल कानून संशोधन गर्ने ऐन, २०६६ द्वारा झिकिएको । भित्रको कुनै ठाउँमा स्याटेलाइट, केबल वा अन्य सञ्चार माध्यमद्वारा कुनै कार्यक्रमको प्रसारण गर्न वा फ्रिक्वेन्सी मोडुलेशन प्रसारण प्रणालीको स्थापना गरी शिक्षाप्रद, मनोरञ्जनात्मक तथा सञ्चार सम्बन्धी केही नेपाल ऐन संशोधन गर्ने अध्यादेश, २०६२ द्वारा संशोधन भई केही नेपाल ऐनको व्यवस्था जगाउने ऐन, २०६३ द्वारा स्वतः जागेको । समाचारमूलक कार्यक्रम प्रसारण गर्न चाहने व्यक्ति वा संगठित संस्थाले तोकिएको दस्तुर सहित तोकिएको ढाँचामा नेपाल सरकारसमक्ष निवेदन दिनु पर्नेछ । 5. Application to be Made for Licence: A person or organised institution wishing to broadcast any programme by satellite, cable or other means of communication in any place within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or to establish a frequency modulation broadcasting system and broadcast educational, entertaining and Amended by the Some Nepal Acts Amendment Ordinance Relating to Communications, 2062 and automatically revived by the Act to Revive the Provisions of Some Nepal Acts, 2063. news-oriented programmes shall submit an application to the Government of Nepal in the prescribed format along with the prescribed fee.

६. इजाजतपत्र दिन सकिने: दफा ५ बमोजिमको निवेदन पर्न आएमा नेपाल सरकारले उक्त निवेदन उपर आवश्यक जाँचबुझ गरी निवेदकलाई तोकिएको शर्तहरू पालना गर्ने गरी कार्यक्रम प्रसारण गर्न तोकिएको ढाँचामा इजाजतपत्र दिन सक्नेछ । 6. Licence may be Granted: Upon receipt of an application under Section 5, the Government of Nepal may, after making necessary inquiry into such application, grant a licence to the applicant in the prescribed format for broadcasting programmes subject to compliance with the prescribed conditions.

७. प्रसारणमा रोक लगाउन सकिने: राष्ट्र र राष्ट्रिय हितलाई ध्यानमा राखी नेपाल सरकारले नेपाल राजपत्रमा सूचना प्रकाशित गरी एकपटकमा छ महिनामा नबढाई कुनै खास विषय, घटना वा क्षेत्रसँग सम्बन्धित कुनै कार्यक्रम प्रसारण संस्थाबाट प्रसारण गर्न नपाउने गरी रोक लगाउन सक्नेछ । 7. Broadcasting may be Prohibited: Having regard to the nation and national interest, the Government of Nepal may, by publishing a notice in the Nepal Gazette, prohibit the broadcasting from a broadcasting institution of any programme relating to a particular subject, event or area for a period not exceeding six months at a time.

८. प्रसारण संस्थाको इजाजतपत्र रद्द गर्न सकिने: अधिवक्ता राजिव वास्तोला वि. नेपाल सरकार प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय, रिट नं. ०६९-WS-००२५, मिति २०७० । ९ । २५ मा सर्वोच्च अदालतबाट अमान्य र बदर गरिएको । (१) कुनै प्रसारण संस्थाले यो ऐन वा यस ऐन अन्तर्गत बनेको नियमको विपरीत कुनै कार्यक्रम प्रसारण गरेमा नेपाल सरकारले त्यस्तो प्रसारण संस्थाले प्राप्त गरेको इजाजतपत्र रद्द गर्न सक्नेछ । 8.
National Broadcasting Act, 1993

Licence of Broadcasting Institution may be Cancelled: Declared invalid and void by the Supreme Court in Advocate Rajiv Bastola vs. Government of Nepal, Office of the Prime Minister and Council of Ministers, Writ No. 069-WS-0025, dated 2070.9.25. (1) If a broadcasting institution broadcasts any programme contrary to this Act or the rules made under this Act, the Government of Nepal may cancel the licence obtained by such broadcasting institution.

अधिवक्ता राजिव वास्तोला वि. नेपाल सरकार प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय, रिट नं. ०६९-WS-००२५, मिति २०७० । ९ । २५ मा सर्वोच्च अदालतबाट अमान्य र बदर गरिएको । (२) उपदफा (१) बमोजिम इजाजतपत्र रद्द गर्नु अघि नेपाल सरकारले त्यस्तो प्रसारण संस्थालाई आफ्नो सफाई पेश गर्न मनासिब मौका दिनु पर्नेछ । Declared invalid and void by the Supreme Court in Advocate Rajiv Bastola vs. Government of Nepal, Office of the Prime Minister and Council of Ministers, Writ No. 069-WS-0025, dated 2070.9.25. (2) Before cancelling a licence under sub-section (1), the Government of Nepal shall give such broadcasting institution a reasonable opportunity to submit its explanation.

९. भू-उपग्रह प्रसार केन्द्रको स्थापना सम्बन्धी विशेष व्यवस्था: (१) कुनै व्यक्ति वा सञ्चार सम्बन्धी केही नेपाल ऐन संशोधन गर्ने अध्यादेश, २०६२ द्वारा संशोधन भई केही नेपाल ऐनको व्यवस्था जगाउने ऐन, २०६३ द्वारा स्वतः जागेको । संगठित संस्था वा संयुक्त लगानीमा स्वदेशी र विदेशी व्यक्ति वा संगठित संस्थाले स्याटेलाइट तथा केबल टेलिभिजन सम्बन्धी भू-उपग्रह प्रसार केन्द्र स्थापना गरी कुनै कार्यक्रम प्रसारण गर्न चाहेमा स्वीकृतिको लागि नेपाल सरकार समक्ष निवेदन दिनु पर्नेछ । 9. Special Provision Regarding Establishment of Earth Station: (1) If any person or Amended by the Some Nepal Acts Amendment Ordinance Relating to Communications, 2062 and automatically revived by the Act to Revive the Provisions of Some Nepal Acts, 2063. organised institution, or a domestic and foreign person or organised institution in joint venture, wishes to establish an earth station relating to satellite and cable television and broadcast any programme, an application shall be submitted to the Government of Nepal for approval.

(२) उपदफा (१) बमोजिमको निवेदन पर्न आएमा नेपाल सरकारले उक्त निवेदन उपर आवश्यक जाँचबुझ गर्दा निवेदकलाई स्याटेलाइट तथा केबल टेलिभिजन सम्बन्धी भू-उपग्रह प्रसार केन्द्र स्थापना गरी कार्यक्रम प्रसारण गर्ने स्वीकृति दिन मनासिब देखेमा तोकिएको शर्तहरू पालना गर्ने शर्तमा तोकिएको कार्यक्रमहरू प्रसारण गर्न पाउने गरी तोकिए बमोजिम स्वीकृति दिन सकिनेछ । (2) Upon receipt of an application under sub-section (1), if upon making necessary inquiry into such application
Pasture Land Nationalization Act, 1974

Pasture Land Nationalization Act, 2031

Royal Seal and Date of Publication
2031.6.20

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 This Act shall be deemed to have come into force from Jestha 15, 2065. 2066.10.7
2. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 12 of the year 2031



Act Made to Nationalize Pasture Land

Preamble: Whereas it is desirable to nationalize pasture land in order to maintain the convenience and economic interest of the general public,

Therefore, this Act is enacted by His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat. 1. Short Title, Extent, and Commencement: (1) This Act may be called the "Pasture Land Nationalization Act, 2031."

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

(3) This Act shall come into force in the districts specified by the Government of Nepal from the date so specified As per the notice published in the Nepal Gazette on 2033.9.27, the Act is specified to come into force in Kavrepalanchok, Sindhupalchok, and Rasuwa districts from 2033.10.1.. 2. Definitions: Unless the subject or context otherwise requires, in this Act—

(a) "Pasture Land" means land which, whether registered in the Abkari (excise/thana) register or not, is used only for livestock grazing under any name such as pasture (Kharka), pasture-plot (Kharkachok), etc.

(b) "Registrant" means a person or persons who, in accordance with prevailing Nepal law, have registered pasture land in their own name or collectively with liability to pay land revenue or pasture fees to the Government of Nepal, and who by virtue of such registration have a right over the pasture land.

(c) "Land Revenue Office" means the Land Revenue Office where such office exists, and where it does not exist, the Land Administration Office. 3. Nationalization of Pasture Land: From the date of commencement of this Act, all pasture land within Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be nationalized, and the ownership of such land shall vest in the Government of Nepal, and any right of ownership held by a registrant over such pasture land prior to the commencement of this Act shall be automatically extinguished. Provided that—

(a) If the land is within the ceiling prescribed by prevailing Nepal law, even if it was used only for grazing for private use, the registrant may retain it.

(b) Even after this Act comes into force, the Government of Nepal may, in accordance with prevailing laws, grant exemptions for the following purposes:

 (a) fruit farming,
 (b) animal husbandry,
 (c) herbal farming,
 (d) tea farming. 4.
Pasture Land Nationalization Act, 1974

4. Provision of Compensation: (1) For pasture land nationalized pursuant to Section 3, the Government of Nepal shall, upon the recommendation of a committee formed by rules, determine a fair amount of compensation for the registrant. Such committee shall also include the chairperson of the concerned Deleted by the Some Nepal Acts Amendment Act, 2072. local Village Executive or their representative.

(2) The Land Revenue Office shall post a notice for the information of the concerned registrants informing them to come and receive the compensation amount under sub-section (1).

(3) Within one year from the date of posting of the notice under sub-section (2), the registrant must submit an application to the concerned Land Revenue Office, attaching evidence of their title and possession, in order to receive compensation. Provided that if any person fails to submit an application even one year after the posting of the notice, no claim of such person for that compensation shall lie thereafter.

(4) Upon necessary inquiry into the application received under sub-section (3), the Land Revenue Office shall pay compensation to the registrant at the rate of the revenue (tiro/damashi). Provided that if a question arises regarding the right to receive compensation or the amount of compensation, the Land Revenue Office shall pay compensation as determined by the court. 5. Management of Pasture Land: (1) The Government of Nepal shall cause a separate register of the pasture land nationalized under Section 3 to be maintained at the Land Revenue Office and shall entrust the protection and grazing of such land to the local Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality. Provided that this sub-section shall not be deemed to prevent the Government of Nepal, where pasture land lies within the boundary of more than one Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality, from entrusting it to more than one Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality.

(2) The local Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality, having received pasture land under its responsibility pursuant to sub-section (1), shall protect and improve such land, but shall not use or cause such land to be used for any purpose other than grazing. 6. Grazing Fee to be Charged for Allowing Livestock to Graze: (1) The Amended by the Some Nepal Acts Amendment Act, 2072.
Pasture Land Nationalization Act, 1974

6. Grazing Fee to be Charged for Allowing Livestock to Graze: (1) The Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality shall, upon charging an annual grazing fee of no more than three rupees for each large animal (such as yaks, cows, buffaloes, horses, mules, etc.) and no more than one rupee for each small animal (such as goats, castrated goats, he-goats, sheep, hybrid sheep, etc.), allow the livestock of all persons, including those who have been grazing in such pasture from before, to graze.

(2) The grazing fee collected under sub-section (1) shall be deposited into the Village Assembly Fund. 7. Power to Give Directions to the Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.: The Government of Nepal may, if it deems necessary, give necessary directions to the Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality for the protection, improvement, and grazing of pasture land, and it shall be the duty of such Amended by the Some Nepal Acts Amendment Act, 2072. Rural Municipality to comply with such directions. 8. Power to Make Rules: The Government of Nepal may make rules for implementing the objectives of this Act.
National Foundation for Development of Indigenous Nationalities Act, 2002

Indigenous Nationalities Upliftment National Institution Act, 2058

Date of Royal Seal and Publication
2058.10.25

Amending Acts

1. Act to Amend Some Nepal Acts to Maintain Gender Equality, 2063 2063.7.17
2. Act to Consolidate the Republic and Amend Some Nepal Laws, 2066 2066.1.07
3. Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 2075.11.19

Act No. 20 of the Year 2058



Act Made to Provide for the Indigenous Nationalities Upliftment National Institution

Preamble: Whereas, it is desirable to establish and operate the Indigenous Nationalities Upliftment National Institution for the social, economic and cultural development and upliftment of various indigenous nationalities of Nepal and for their equitable participation in the mainstream of national development;

Therefore, Parliament has enacted this Act in the first year of the reign of His Majesty King Gyanendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Indigenous Nationalities Upliftment National Institution Act, 2058".

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

(a) "Indigenous Nationality" means a caste or community as per the Schedule having its own mother tongue and traditional customs, distinct cultural identity, distinct social structure and written or unwritten history.

(b) "Institution" means the Indigenous Nationalities Upliftment National Institution established pursuant to Section 3.

(c) "Council" means the Governing Council of the Institution formed pursuant to Section 7.

(d) "Committee" means the Executive Committee of the Council formed pursuant to Section 10.

(e) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act. Chapter-2
Establishment, Objectives, Functions, Duties and Powers of the Institution

3. Establishment of the Institution: (1) An institution named "Indigenous Nationalities Upliftment National Institution" is hereby established.

(2) The central office of the Institution shall be located within the Kathmandu Valley, and the Institution may establish its branch offices in other places as required. 4. Institution to be an Autonomous Body: (1) The Institution shall be an autonomous and corporate body with perpetual succession.

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

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

(4) The Institution may, like an individual, sue or be sued in its own name. 5.
National Foundation for Development of Indigenous Nationalities Act, 2002

6. Functions, Duties and Powers of the Institution: For the attainment of the objectives mentioned in Section 5, the functions, duties and powers of the Institution shall be as follows: -

(a) to formulate and implement or cause to be implemented necessary programs for the promotion and preservation of the languages, scripts, literature, history, arts, culture, traditional skills and technologies of indigenous nationalities,

(b) to study and research the languages, scripts, literature, history, arts, traditions and cultures of indigenous nationalities, and to develop such languages, scripts, history, arts, literature, culture and traditions,

(c) to protect or cause to be protected the technologies, skills and specific knowledge traditionally practiced by indigenous nationalities as the intellectual property rights of the concerned indigenous nationalities, subject to the prevailing law and as prescribed,

(d) to publish the history and literature of indigenous nationalities,

(e) to prepare and publish or cause to be prepared and published dictionaries of the languages of indigenous nationalities with the assistance of other bodies concerned with language and literature,

(f) to establish archives and museums introducing the languages, cultures, history and traditions of indigenous nationalities,

(g) to establish schools to teach the mother tongue of indigenous nationalities at least up to the primary level,

(h) to allow foreign scholars desiring to study or research the languages, culture, history, literature, arts and traditional technologies of indigenous nationalities to study or research in association with the Institution, with the approval of the Government of Nepal,

(i) to collect and manage information relating to indigenous nationalities,

(j) to conduct or cause to be conducted special programs to enhance the economic and social status of poor and backward groups among indigenous nationalities,

(k) to establish relations with foreign or international organizations having similar objectives and exchange assistance,

(l) to provide advisory services relating to indigenous nationalities,

(m) to make arrangements for broadcasting information, news and various programs in the mother tongues of indigenous nationalities,

(n) to prepare a schedule of affluent and poor indigenous nationalities, taking into account the social, economic and cultural disparities, differences and incompatibilities existing among indigenous nationalities,

(o) to do or cause to be done other necessary things relating to indigenous nationalities to fulfill the objectives of the Institution. Chapter-3
Provisions Relating to the Governing Council and Executive Committee

7.
National Foundation for Development of Indigenous Nationalities Act, 2002

Vice-Chancellor of the Institution or the member designated by him/her — Member

(g) Member, National Planning Commission (looking after the concerned subject) — Member

(h) Secretary, Ministry of Local Development — Member

(i) Secretary, Ministry of Finance — Member

(j) Secretary, Ministry of Culture, Tourism and Civil Aviation — Member

(k) Secretary, Ministry of Education and Sports — Member

(l) Among the organizations of indigenous nationalities listed in the Schedule affiliated with the Federation of Indigenous Nationalities, on the recommendation of the Federation of Indigenous Nationalities, one person from each indigenous nationality, and if there are indigenous nationalities not affiliated with the Federation of Indigenous Nationalities, persons nominated by the Vice-Chairperson so that there is one person from each such indigenous nationality — Members

(m) Among the women of indigenous nationalities who have contributed to the upliftment of indigenous nationalities, As amended by the Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075. fourteen persons nominated by the Government of Nepal at the rate of two persons from each province — Members

(n) Two persons nominated by the Government of Nepal from among the businessmen, industrialists and donors within the indigenous nationality community — Members

(o) Members of the Executive Committee — Members

(p) A person, among the indigenous nationality persons who have made special contributions to the upliftment of indigenous nationalities, nominated by the Vice-Chairperson of the Council on the recommendation of the Vice-President of the Council — Member-Secretary

(2) For making recommendations for the nomination of the Vice-President pursuant to clause (c) of sub-section (1), there shall be a Recommendation Committee comprising the Vice-Chairperson of the Council as the Coordinator, and one person each designated by the Federation of Indigenous Nationalities and the Indigenous Nationalities Council.

(3) The term of office of the Vice-President, Members and Member-Secretary nominated pursuant to clauses (c), (l), (m), (n) and (p) of sub-section (1) shall be four years, and they may be nominated once again. Deleted by the Act to Amend Some Nepal Acts to Maintain Gender Equality, 2063.

(4) The Council may, if deemed necessary, invite domestic or foreign experts to participate as observers in the meeting of the Council. 8. Meetings and Decisions of the Council: (1) A meeting of the Council shall be held at least twice a year at the date, time and place specified by the Chairperson of the Council.

(2) The meeting of the Council shall be presided over by the Chairperson of the Council.
National Foundation for Development of Indigenous Nationalities Act, 2002

8. Meetings and Decisions of the Council: (1) A meeting of the Council shall be held at least twice a year at the date, time and place specified by the Chairperson of the Council.

(2) The meeting of the Council shall be presided over by the Chairperson of the Council. In his/her absence, the Vice-Chairperson of the Council shall preside, and if the Vice-Chairperson is also absent, the Vice-President of the Council shall preside over the meeting of the Council.

(3) The presence of at least fifty percent of the total members of the Council shall be deemed to constitute a quorum for the meeting.

(4) The decision of the majority shall be deemed to be the decision of the Council meeting. In case of a tie, the person presiding may cast a deciding vote.

(5) The decisions of the Council meeting shall be certified by the Member-Secretary of the Council.

(6) Other procedures relating to the meeting of the Council shall be as determined by the Council itself. 9. Functions, Duties and Powers of the Council: (1) The Council shall perform the functions and exercise the powers that the Institution is required to perform and exercise under this Act.

(2) Without prejudice to the generality of sub-section (1), the functions, duties and powers of the Council shall be as follows: -

(a) to determine policies for various programs and projects operated by the Institution,

(b) to approve the annual and periodic plans of the Institution,

(c) to approve the annual budget of the Institution,

(d) to evaluate the programs and projects operated by the Institution,

(e) to approve the Regulations made by the Institution,

(f) to perform other functions as prescribed. 10.
National Foundation for Development of Indigenous Nationalities Act, 2002

10. Formation of the Executive Committee: (1) Subject to this Act or the Rules framed under this Act and the general directives of the Council, for the day-to-day operation of the Institution, there shall be an Executive Committee as follows: -

(a) Vice-President of the Council — Chairperson

(b) Among the subject experts who have made special study or research on indigenous nationality matters or among indigenous nationality persons who have made significant contributions to the upliftment of indigenous nationalities, two persons including at least one woman, nominated by the Chairperson on the recommendation of the Vice-Chairperson of the Council, from among five persons including at least one woman recommended by a three-member Recommendation Committee constituted by the Council — Members

Provided that the Recommendation Committee shall not recommend the name of any of its own members.

(c) An officer of at least the Joint Secretary level of the Ministry of Local Development designated by that Ministry — Member

(d) Member-Secretary of the Council — Member-Secretary

(2) The term of office of the members pursuant to clause (b) of sub-section (1) shall be four years. 11. Meetings and Decisions of the Committee: (1) A meeting of the Committee shall be held as required at the date, time and place specified by the Chairperson of the Committee.

(2) The meeting of the Committee shall be presided over by the Chairperson of the Committee, and in his/her absence, the senior-most member among the nominated members present in terms of nomination order shall preside over the meeting.

(3) Domestic or foreign experts and persons concerned with the programs and projects of the Institution may be invited to the meeting of the Committee as required.

(4) Other procedures relating to the meeting of the Committee shall be as prescribed. 12. Functions, Duties and Powers of the Committee: In addition to the functions mentioned elsewhere in this Act, the functions, duties and powers of the Committee shall be as follows: -

(a) to implement or cause to be implemented the decisions of the Council,

(b) to prepare the periodic and annual programs, projects and budget of the Institution and submit them to the Council,

(c) to manage and operate the Fund of the Institution,

(d) to get the accounts of the Institution audited and submit the report thereof to the Council,

(e) to prepare drafts of the Regulations to be made by the Institution and submit them to the Council,

(f) to perform or cause to be performed other functions as prescribed, subject to the directives given from time to time by the Council to fulfill the objectives of the Institution. 13.
National Foundation for Development of Indigenous Nationalities Act, 2002

13. Provision Relating to Terms of Service of the Vice-President of the Council: (1) The Vice-President of the Council shall be the chief executive officer working full-time in the Institution.

(2) The remuneration, facilities and other terms of service of the Vice-President of the Council shall be as prescribed. 14. Provision Relating to Terms of Service of the Member-Secretary of the Council: (1) The Member-Secretary of the Council shall be an executive officer working full-time in the Institution, and he/she shall work under the general directives of the Vice-President.

(2) The remuneration, facilities and other terms of service of the Member-Secretary of the Council shall be as prescribed. 15. Power to Form Sub-Committee or Task Force: (1) The Council or the Committee may form a sub-committee or task force as required.

(2) The functions, duties, powers, procedures and facilities of the sub-committee or task force formed pursuant to sub-section (1) shall be as specified by the Council or the Committee. Chapter-4
Fund, Accounts and Audit of the Institution

16. Fund of the Institution: (1) The Institution shall have a separate Fund.

(2) The Fund mentioned in sub-section (1) shall consist of the following amounts: -

(a) Amount received from the Government of Nepal,

(b) Loan amount received from any foreign government or international organization,

(c) Donation, aid, grant or any other amount received from any foreign government or international organization or person,

(d) Amount received as donation or aid from any person or organization,

(e) Amount received by the Institution for providing services,

(f) Amount received from any other source.

(3) The Institution shall obtain the approval of the Government of Nepal for receiving amounts under clause (b) of sub-section (2), and shall give prior notice to the Government of Nepal for receiving amounts under clause (c).

(4) All expenses to be borne by the Institution shall be met from the Fund mentioned in sub-section (1).

(5) All amounts received by the Institution shall be deposited in a bank account opened in the name of the Institution.

(6) Operation of the account of the Fund of the Institution shall be as prescribed. 17. Accounts and Audit: (1) The Institution shall keep accounts of its income and expenditure in accordance with the prevailing law.

(2) The audit of the Institution shall be carried out by the Office of the Auditor General. Chapter-5
Miscellaneous

18. Proceedings Not to be Invalid: Notwithstanding anything contained in other sections of this Act, if the place of any member of the Council or the Committee becomes vacant and proceedings are conducted, such proceedings shall not be deemed invalid only for that reason. 19.
National Foundation for Development of Indigenous Nationalities Act, 2002

Chapter-5
Miscellaneous

18. Proceedings Not to be Invalid: Notwithstanding anything contained in other sections of this Act, if the place of any member of the Council or the Committee becomes vacant and proceedings are conducted, such proceedings shall not be deemed invalid only for that reason. 19. Delegation of Powers: (1) The Council may delegate all or some of the powers conferred to it under this Act or the Rules or Regulations framed under this Act to the Committee or the Chairperson of the Committee or the Member-Secretary of the Committee, subject to the conditions specified by the Council.

(2) The Committee may delegate all or some of the powers conferred to it under this Act or the Rules framed under this Act to any member of the Committee or the Member-Secretary or any officer or employee. 20. Annual Report to be Submitted: (1) The Institution shall submit an annual report of its activities to the Government of Nepal within three months from the expiry of each fiscal year.

(2) The report under sub-section (1) shall, in addition to other matters, include a brief description of the work done by the Institution within one year, the financial position of the Institution, details of expenditure, programs or projects completed and their costs, and the problems faced by the Institution.

(3) The Institution shall publish the main parts of the report under sub-section (1). 21. Appointment of Employees of the Institution: (1) The Institution may appoint employees as prescribed.

(2) The appointment and terms of service of the employees of the Institution shall be as provided in the Regulations made by the Council. 22. Government of Nepal May Give Directions: The Government of Nepal may give necessary directions to the Institution. 23. Contact with Government of Nepal: The Institution shall maintain contact with the Government of Nepal through the Ministry of Local Development. 24. Power to Make Rules and Regulations: (1) The Council may make necessary Rules for the implementation of the objectives of this Act.

(2) Subject to this Act and the Rules framed under this Act, the Council may make Regulations on the following matters, and such Regulations shall come into force after approval by the Government of Nepal: -

(a) Internal operation,
(b) Appointment and terms of service of employees,
(c) Financial administration. 25. Power to Amend the Schedule: The Government of Nepal may, on the recommendation of the Council, by notification published in the Nepal Gazette, amend or alter the Schedule. 26.
National Foundation for Development of Indigenous Nationalities Act, 2002

25. Power to Amend the Schedule: The Government of Nepal may, on the recommendation of the Council, by notification published in the Nepal Gazette, amend or alter the Schedule. 26. Repeal and Saving: (1) The National Janajati Development Committee (Formation) Order, 2054 is hereby repealed, and all movable and immovable property, rights and liabilities of the National Janajati Development Committee formed under that Formation Order shall vest in the Institution.

(2) Contracts, leases and agreements entered into by the National Janajati Development Committee formed under the Formation Order mentioned in sub-section (1) shall be deemed to have been entered into with the Institution, and all acts and proceedings performed by that Committee shall be deemed to have been performed by the Institution. Schedule
Relating to clause (a) of Section 2



 1. Kisan 2. Kumal
 3. Kushwadiya 4. Kusunda
 5. Gangai 6. Gurung
 7. Chepang 8. Chhantyal
 9. Chhaiton 10. Jirel
 11. Jhangad 12. Dolpo
 13. Tangbe 14. Tajpuriya
 15. Tamang 16. Tin Gaunle Thakali
 17. Topkegola 18. Thakali
 19. Thami 20. Tharu
 21. Thudam 22. Danuwar
 23. Darai 24. Dura
 25. Dhanuk (Rajbanshi) 26. Dhimal
 27. Newar 28. Pahari
 29. Phree 30. Bankariya
 31. Baramo 32. Bahra Gaunle
 33. Bote 34. Bhujel
 35. Bhote 36. Magar
 37. Majhi 38. Marphali Thakali
 39. Mugali 40. Meche (Bodo)
 41. Yakha 42. Rai
 43. Raute 44. Rajbanshi (Koch)
 45. Rajhi 46. Larke
 47. Limbu 48. Lepcha
 49. Lhopa 50. Lhomi (Shingsawa)
 51. Walung 52. Byasi
 53. Sherpa 54. Satar (Santhal)
 55. Siyar 56. Sunuwar
 57. Surel 58. Hayu
 59. Hyolmo 60. Rana Tharu Added by notification published in Nepal Gazette dated 2077/02/05.
Patent, Design and Trademark Act, 1965

PATENT, DESIGN AND TRADE MARK ACT, 2022

Date of Royal Seal and Publication
2022.5.14

Amending Acts

1. Patent, Design and Trade Mark (First Amendment) Act, 2044 2044.7.1
2. Administration of Justice Act, 2048 2048.2.16

Date of Authentication and Publication

3. Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063 2063.8.8
4. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.10.17
5. Act to Amend Some Nepal Acts, 2072 2072.11.13

Act No. 15 of the year 2022



An Act Made to Provide for the Registration of Patents, Designs and Trade Marks

Preamble: Whereas, it is desirable to make timely legal provisions relating to Patents, Designs and Trade Marks for the convenience and economic benefit of the general public;

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Deva has, with the advice and consent of the National Panchayat, enacted this Act. Chapter-1

Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Patent, Design and Trade Mark Act, 2022."

(2) This Act shall be extended throughout Nepal Deleted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066..

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

(a) "Patent" means any useful invention discovered by a new method or process of construction, operation or transmission of any substance or group of substances, or by any new principle or formula.

(b) "Design" means the shape, form or pattern of an object manufactured or made in any manner.

(c) Amended by the First Amendment. "Trade Mark" means a word, symbol or picture, or a combination of words, symbols and pictures, used by any firm, company or person to distinguish their manufactured goods or services provided by them from the goods or services of others.

(d) "Department" means the department designated by the Government of Nepal by publishing a notice in the Nepal Gazette, and until so designated, means the Department of Industry.

(e) "Schedule" means the Schedule to this Act.

(f) Added by the First Amendment. "Prescribed" or "As prescribed" means prescribed or as prescribed by the rules or orders made under this Act. Chapter-2

Patent

3. Acquiring Right over a Patent: (1) Any person desiring to acquire a right over a patent shall register such patent in his/her name according to this Act.

(2) Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.
Patent, Design and Trademark Act, 1965

Chapter-2

Patent

3. Acquiring Right over a Patent: (1) Any person desiring to acquire a right over a patent shall register such patent in his/her name according to this Act.

(2) Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. No person shall copy a patent registered in any person's name under this Act, or use or cause to be used such patent in his/her own name or in the name of another without having it transferred to his/her name pursuant to Section 21d. or without obtaining written permission for its use.

(3) Repealed by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. 4. Application Required for Acquiring Right over a Patent: (1) Any person desiring to register a patent in his/her name shall submit an application to the Department in the format according to Schedule-1(a), stating the following particulars along with available evidence and proof:—

(a) Name, address and occupation of the person who invented the patent,
(b) If the applicant himself/herself has not invented the patent, what kind of right and in what manner the applicant has obtained from the person who invented it,
(c) The method of making, operating or using the patent,
(d) If the patent is based on any specific principle or formula, such principle or formula.

(2) Along with the application pursuant to Sub-section (1), the applicant shall also submit a map and drawing with description Amended by the First Amendment. of the patent and the application fee prescribed in Schedule-3(1)(a). 5. Examination by the Department: (1) After the application pursuant to Section 4 is filed, the Department shall, if deemed necessary, also taking advice from experts, conduct an examination and study to determine whether the patent mentioned in the application is a new invention and whether it is useful to the general public, and ascertain whether such patent shall be registered or not.

(2) If it appears that any patent cannot be registered pursuant to Section 6, the Department shall notify the applicant that the patent cannot be registered according to his/her application.

(3) Deleted by the First Amendment. 6.
Patent, Design and Trademark Act, 1965

6. Patent Not Registrable: (1) The Department shall not register a patent under this Act in the following circumstances:—

(a) If it is already registered in the name of another person, or
(b) If the applicant has not invented the patent he/she desires to register and has not obtained any right from the person who invented it, or
(c) If the patent sought to be registered is likely to have any adverse effect on the health, morality or ethics of the general public or on national interest, or
(d) If it is contrary to any prevailing Nepal law. Provided that nothing contained in clause (a) shall be deemed to bar the cancellation of registration of a patent pursuant to Section 9.

(2) In the circumstances mentioned in Sub-section (1), the Department may invalidate the registration of any registered patent. Provided that, before invalidating the registration of any patent pursuant to this provision, the patent holder shall be given a reasonable opportunity to show cause why the registration of such patent should not be invalidated. 7. Registration of Patent: (1) Except in the circumstances where registration is not permitted under Section 6, after an application is filed pursuant to Section 4 for registering a patent, the Department shall, after conducting the necessary examination pursuant to Section 5, issue a certificate of registration to the applicant in the format according to Schedule-2(a).

(2) To obtain the certificate pursuant to Sub-section (1), the applicant shall pay to the Department the registration fee prescribed in Schedule-3(1)(b). 7a. Publication of Registered Patent: (1) Added by the First Amendment. The Department shall publish in the Nepal Gazette, for the information of the general public, such patents registered under this Act as do not need to be kept confidential for the sake of national interest.

(2) If any person desires to inspect or take copies of the description, map or drawing of a patent published pursuant to Sub-section (1), such person may inspect or take copies of such patent upon payment of the fee prescribed by the Department.

(3) Within thirty-five days from the date of inspection or taking copies of the patent pursuant to Sub-section (2), any person may file a complaint at the Department regarding any objection against such patent.

(4) If a complaint is lodged pursuant to Sub-section (3), the Department shall conduct an inquiry and take necessary action. Amended by the First Amendment.8.
Patent, Design and Trademark Act, 1965

Amended by the First Amendment.8. Term of Patent: (1) Except in the case of renewal obtained pursuant to Section 23b., the right of the patent holder over a patent registered pursuant to Section 7 shall subsist only for a period of seven years from the date of registration.

(2) Notwithstanding anything contained in Sub-section (1), in the case of the term of a patent registered before the commencement of this Section, the term shall subsist according to the provisions in force at the time of registration of such patent. After the expiration of that term, it shall be renewed pursuant to Section 23b. 9. Deleted by the First Amendment

10. Deposit of Map or Sample of Patent in Government Museum: The patent holder shall provide a copy of the map or sample of the article corresponding to the patent registered under this Act to the Amended by the First Amendment. National Archives as well. Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.11. Penalty for Violation of Section 3: If any person commits any of the following acts, by order of the Department, according to the gravity of the offense, the fine as follows shall be imposed and the goods or articles related to such offense shall be forfeited:—

(a) If any offense mentioned in Sub-section (2) of Section 3 is committed, a fine of up to five hundred thousand rupees.
(b) If any attempt is made to commit any act mentioned in Sub-section (2) of Section 3, or if abetment is given to commit such act, a fine of up to two hundred fifty thousand rupees. Chapter-3

Design

12. Acquiring Right over Design: (1) Any person may register the design of any article made by him/her or caused to be made by him/her at the Department pursuant to Section 14 and acquire the right under this Act over such design. Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.(2) No person shall copy a design registered in any person's name under this Act, or use or cause to be used such design in his/her own name or in the name of another without having it transferred to his/her name pursuant to Section 21d. or without obtaining written permission for its use. 13.
Patent, Design and Trademark Act, 1965

13. Application for Registration of Design: (1) A person desiring to register any article made by him/her or caused to be made by him/her pursuant to Section 14 shall submit an application to the Department in the format according to Schedule-1(b), along with a map and drawing with description Added by the First Amendment. and four copies of the sample of the design.

(2) A person submitting an application pursuant to Sub-section (1) shall, along with his/her application, pay to the Department the application fee prescribed in Schedule-3(2)(a). 14. Registration of Design: (1) Upon receipt of an application pursuant to Section 13, the Department shall register the design in the name of the applicant and issue a certificate according to Schedule-2(b). Provided that, such design shall not be registered pursuant to this Sub-section if the design is likely to harm the reputation of any person or institution, or have a negative effect on the morality or ethics of the general public, or be contrary to national interest, or if the design has already been registered in the name of another person.

(2) To obtain the certificate pursuant to Sub-section (1), the applicant shall deposit with the Department the design registration fee prescribed in Schedule-3(2)(b).

(3) If the Department believes that any condition mentioned in the proviso to Sub-section (1) exists, it may invalidate the registration of any design. Provided that, before invalidating the registration of any design pursuant to this provision, the Department shall give the design holder a reasonable opportunity to show cause why the registration of such design should not be invalidated. Added by the First Amendment.14a. Term of Design: Except in the case of renewal obtained pursuant to Section 23b., the right of the design holder over a design registered pursuant to Section 14 shall subsist for a period of five years from the date of registration. 15. Penalty for Person Violating Section 12: If any person violates Sub-section (2) of Section 12 or uses a design invalidated by the Department pursuant to Sub-section (3) of Section 14, by order of the Department, according to the gravity of the offense, Added by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. a fine of up to fifty thousand rupees may be imposed Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. and all goods related to such offense shall be forfeited. Chapter-4

Trade Mark

16.