chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Kathmandu University Act, 1991

8. Formation of Academic Council: (1) There shall be an Academic Council as the principal body in the academic and scholarly field of the University, consisting of the following members:-

(a) Vice-Chancellor Chairperson
(b) Registrar Member
(c) Deans Members
(d) Five persons from among the chairs of subject committees Members
(e) Two persons from affiliated colleges Members

(2) Members other than ex-officio members shall be nominated by the Assembly.

(3) The term of office of nominated members shall be three years. 9. Functions, Duties, and Powers of the Academic Council: The functions, duties, and powers of the Academic Council shall be as follows:-

(a) To act as the principal body regarding academic and scholarly matters of the University.
(b) To determine the quality of study and teaching at the University, curriculum, standards and types of examinations, evaluation methods, teaching materials, and the number and qualifications for student admission.
(c) To formulate policies relating to research and approve research programs.
(d) To evaluate the academic programs of students.
(e) To determine the standards of teaching and research.
(f) To make arrangements for honorary degrees.
(g) To prescribe minimum qualifications for teachers for various levels. 10. Organization of the University: (1) The collective entity of the Chancellor, Vice-Chancellor, Registrar, Deans, and affiliated colleges shall constitute the form of the University.

(2) There shall be prescribed Schools for prescribed subjects for higher education.

(3) The functions, duties, and powers of Schools shall be as prescribed.

(4) Provisions relating to Colleges shall be as prescribed. 11. Responsibility and Delegation of Authority: (1) Subject to this Act and the rules made under this Act, all authority of the University shall vest in the Assembly.

(2) The Assembly may delegate all or some of its powers mentioned in this Act or the rules made under this Act, as necessary, to the Executive Council, the Academic Council, and other office-bearers, or to committees established as prescribed. 12. Office-bearers: The University shall have the following office-bearers:-

(a) Chancellor
(b) Pro-Chancellor
(c) Vice-Chancellor
(d) Registrar
(e) Deans
(f) Other office-bearers. 13.
Kathmandu University Act, 1991

12. Office-bearers: The University shall have the following office-bearers:-

(a) Chancellor
(b) Pro-Chancellor
(c) Vice-Chancellor
(d) Registrar
(e) Deans
(f) Other office-bearers. 13. Chancellor: (1) The Prime Minister shall be the Chancellor of the University.

(2) Omitted by the Act to Amend Some Nepal Acts Relating to Education, 2073.(2)

(3) The Chancellor shall be the chief of the University and the Chairperson of the Assembly.

(4) The Chancellor shall have the authority to inspect or cause an inquiry into any subject or matter related to the University or the University Added by the Act to Amend Some Nepal Acts Relating to Education, 2073.and to give directions.

(5) The Chancellor may cancel any action contrary to this Act or the rules made under this Act.

(6) Other powers of the Chancellor shall be as prescribed.

(7) Omitted by the Act to Amend Some Nepal Acts Relating to Education, 2073.(7)

Added by the Act to Amend Some Nepal Acts Relating to Education, 2073.13A. Pro-Chancellor: (1) The Minister or Minister of State for Education, Science and Technology shall be the Pro-Chancellor of the University.

(2) In the absence of the Chancellor, the Pro-Chancellor shall preside over the convocation ceremony.

(3) The Pro-Chancellor may inspect or cause to inspect the University and give directions consistent with the law, as necessary. 14. Vice-Chancellor: (1) A person recommended by a three-member committee formed by the Assembly shall be appointed by the Chancellor to the post of Vice-Chancellor of the University for a term of four years.

(2) The Vice-Chancellor shall be the principal administrative officer of the University.

(3) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2073.(3) The Registrar shall record the decisions or orders of the Assembly. A copy of such decision or order shall be sent to the Chancellor.

(4) In the absence of the Chancellor and the Pro-Chancellor, the Vice-Chancellor shall chair the University Assembly.

(5) It shall be the duty of the Vice-Chancellor to comply with and cause compliance with this Act or the rules made under this Act, and for this purpose, if the Vice-Chancellor is of the opinion that an emergency situation has arisen requiring immediate action, he/she may take such action as he/she deems appropriate and necessary, and shall inform the concerned office-bearer or body as soon as possible.

(6) The Vice-Chancellor shall implement the decisions or orders of the Assembly.

(7) The Vice-Chancellor shall have general control over all academic and scholarly activities of the University.

(8) All subjects to be presented to the Assembly shall be presented through the Vice-Chancellor.

(9) The Vice-Chancellor shall implement all functions of the University under the direction of the Assembly. 15.
Kathmandu University Act, 1991

15. Registrar: (1) The Registrar of the University shall be appointed by the Chancellor for a term of four years on the recommendation of the Vice-Chancellor.

(2) The Registrar shall be a salaried office-bearer of the University working full-time.

(3) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2073.(3) The Registrar shall record the decisions or orders of the Assembly. A copy of such decision or order shall be sent to the Chancellor.

(4) The Registrar shall have the authority to carry out and cause to carry out responsibly all types of administrative and academic work of the University.

(5) General administration, financial administration, and academic activities of the University shall be carried out under the Registrar.

(6) Provisions relating to other functions, duties, powers, and remuneration of the Registrar shall be as prescribed. 16. Deans and Other Office-bearers: (1) The appointment of a Dean shall be for a term of three years.

(2) The Dean shall be the head of the faculty and shall be a full-time office-bearer.

(3) The appointment of the Dean shall be made by the Executive Council.

(4) The functions, duties, and powers of the Dean and other office-bearers shall be as prescribed. Added by the Act to Amend Some Nepal Acts Relating to Education, 2073.16A. Removable from Office: (1) If one-third of the members of the Assembly at the time submit a written application to the Chancellor stating that the Vice-Chancellor or Registrar has failed to fulfill the responsibilities appropriate to their office, has not worked honestly, or has not conducted themselves in a manner befitting their office, the Chancellor shall form a three-member investigation committee consisting of a member of the University Grants Commission, presided over by a member of the Assembly, and the Secretary of the Ministry of Education, Science and Technology.

(2) The investigation committee formed pursuant to sub-section (1) shall conduct the necessary investigation in relation thereto and submit its report to the Chancellor within thirty days.

(3) Upon receiving the report pursuant to sub-section (2), the Chancellor shall submit the report to the Assembly.

(4) If, during discussion on the report submitted pursuant to sub-section (2), at least fifty-one percent of the total number of members of the Assembly decide to remove the Vice-Chancellor or Registrar from office, the Chancellor shall remove the Vice-Chancellor or Registrar from office.
Kathmandu University Act, 1991

Provided that, before such removal, he/she shall not be deprived of an opportunity to present a defense.

(5) The procedure to be adopted when investigating accusations against or removing other office-bearers of the University, excluding the Vice-Chancellor and Registrar, pursuant to sub-section (1) shall be as prescribed.

(6) If an investigation is initiated against any office-bearer pursuant to this Section, a final decision must be made within six months. Until such final decision is made, he/she shall not be entitled to work in the post he/she holds.

(7) For carrying out the daily work that the office-bearer pursuant to sub-section (6) is required to perform, the Chancellor may assign responsibility to the senior-most office-bearer of the University. 17. Schools: The main academic programs under the University shall be conducted in Schools. Schools shall be established for faculties such as Arts, Science, Management, Technology, etc. 18. Faculty Board and Subject Committee: (1) Each School shall have a Faculty Board for the conduct of academic and scholarly programs.

(2) Various Subject Committees shall exist under the Faculty Board of the School to determine the curriculum of various academic and scholarly subjects conducted in each School.

(3) The formation, other functions, duties, and powers of the Faculty Board and Subject Committees shall be as prescribed. 19. Audit: The audit of the University shall be conducted by an auditor appointed by the Assembly. 20. Qualification Required for Admission to the University: To be admitted to the University, a person must have passed an examination as prescribed. Added by the Act to Amend Some Nepal Acts Relating to Education, 2073.20A. Free Higher Education and Scholarships: (1) Higher education shall be free for Dalit, marginalized, disabled, and economically disadvantaged students who meet the criteria prescribed by the University and are admitted to the University or its constituent and community educational institutions.

(2) For the purpose of sub-section (1), the basis, criteria, classification, and other related provisions shall be as determined by the Government of Nepal by publishing a notification in the Nepal Gazette.

(3) Amended by the Act to Amend Some Nepal Acts, 2082.A student may avail of the facility pursuant to sub-section (1) only once at each level.

(4) Notwithstanding anything contained in the prevailing law, seats as prescribed shall be reserved for Dalit students for admission to technical and vocational higher education.

(5) The University shall make provisions for higher education for the sons and daughters of martyrs, disappeared persons, and persons with disabilities, as per the provisions made in the prevailing law.

(6) A student who has studied from grade six to grade ten in a community school shall receive a scholarship in higher education according to the prevailing law. 21.
Press Council Act, 1991

Press Council Act, 2048

Date of Seal and Publication
2048.07.28

Amending Acts

1. Act to Amend Certain Nepal Acts Relating to Communication, 2057 2057.10.18
2. Act to Revive the Provisions of Certain Nepal Acts, 2063 2063.04.23
3. Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066 2066.10.07
4. Act to Amend Certain Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 2075.11.19

Act No. 25 of the year 2048



An Act Made to Establish and Manage a Press Council

Preamble: Whereas it is expedient to establish and manage a Press Council for the development and promotion of healthy, free, and responsible journalism by maintaining the highest professional conduct of journalism,

This Act is made by the Parliament in the twentieth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Press Council Act, 2048".

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

(a) "Council" means the Press Council established pursuant to Section 3.

(b) "Member" means a member of the Council and includes the Chairperson of the Council.

(c) "Committee" means the Newspaper Circulation Audit Committee constituted pursuant to Section 10.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules or regulations made under this Act. 3. Establishment of a Press Council: A Press Council shall be established for the development of healthy journalism. 4. Council to be an Autonomous Body: (1) The Council shall be an autonomous and corporate body with perpetual succession.

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

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

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

(a) To create a suitable environment for the development of healthy journalism,

(b) To prescribe a code of conduct relating to journalism to prevent the abuse of press freedom,

(c) To maintain harmonious relations between the press and the Government of Nepal,

(d) To cause the maintenance of public morality and the dignity of citizens, and

(e) To remain active in preventing interference with the freedom of the press and the dignity of journalism. 6.
Press Council Act, 1991

6. Constitution of the Council: (1) The Government of Nepal shall constitute the Council, and the Council shall consist of the following persons:-

Amended by the Act to Amend Certain Nepal Acts Relating to Communication, 2057.(a) A person nominated by the Government of Nepal from among retired judges of the Supreme Court or senior advocates or persons who have made a distinguished contribution to the field of newspapers - Chairperson

Deleted by the Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066.(b)

Deleted by the Act to Consolidate the Republic and Amend Certain Nepal Laws, 2066.(c)

Added by the Act to Amend Certain Nepal Acts Relating to Communication, 2057.(c1) President, Nepal Federation of Journalists - Member

(d) Six persons nominated by the Government of Nepal, in consultation with journalist associations, from among journalists, editors, and publishers, at the rate of two persons from each field - Member

(e) One person nominated by the Government of Nepal from among working journalists - Member

(f) One person nominated by the Government of Nepal from among persons who have made a distinguished contribution to journalism and various other fields - Amended by the Act to Amend Certain Nepal Acts Relating to Communication, 2057.Member

(g) One person nominated by the Government of Nepal from among journalists recommended by institutions related to literary journalism - Member

(h) Director General, Department of Press and Information - Member Secretary

(2) The term of office of the Chairperson and members of the Council shall be 4 years.

(3) If the Chairperson or any member wishes to resign before the expiration of the term of office, the Chairperson may submit a written resignation to the Government of Nepal, and a member may submit a written resignation to the Chairperson. 7. Functions, Duties, and Powers of the Council: The functions, duties, and powers of the Council shall be as follows:-

(a) To observe the policy relating to journalism from time to time and, after consulting the relevant field, to provide suggestions to the Government of Nepal,

(b) To prepare and implement a code of conduct relating to journalism for the development of healthy journalism,

(c) To provide suggestions to the Government of Nepal for the development of journalism,

(d) To maintain up-to-date records of the circulation status of newspapers,

(e) To conduct necessary proceedings in respect of a matter relating to news published in a newspaper if any person files a complaint with the Council,

(f) To submit an annual report to the Government of Nepal including a study and evaluation of the activities and factual situation of newspapers, and

(g) To inquire into anti-social and objectionable matters published in newspapers. 8.
Press Council Act, 1991

8. Meetings and Decisions of the Council: (1) The Member Secretary shall convene a meeting of the Council on the direction of the Chairperson.

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

(3) The Chairperson shall preside over the meeting of the Council, and in his/her absence, a member elected by the members present at the meeting from among themselves shall preside over the meeting.

(4) In a meeting of the Council, the opinion of the majority of the members present on each subject under consideration shall be accepted, and in the case of a tie, the Chairperson shall cast the deciding vote.

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

(6) Other procedures relating to the meetings of the Council shall be as determined by the Council itself. 9. Sub-Committee: (1) The Council may constitute a sub-committee for the smooth conduct of its work.

(2) The functions, duties, powers, and procedures of a sub-committee constituted pursuant to Sub-section (1) shall be as prescribed by the Council. 10. Newspaper Circulation Audit Committee: (1) The Government of Nepal shall, in consultation with the Council, constitute a Newspaper Circulation Audit Committee.

(2) The Committee constituted pursuant to Sub-section (1) shall consist of the following members:-

(a) Press Registrar - Chairperson

(b) Representative, Amended by the Act to Amend Certain Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075.Ministry of Communication and Information Technology - Member

(c) Representative, Press Council - Member

(d) Three persons nominated by the Government of Nepal, at the rate of one person each from the Audit Association, the Advertising Association or Agencies, and commercial or industrial organizations - Member

(3) The officer designated by the Council shall be the Secretary of the Committee.

(4) The term of office of the members nominated pursuant to Clause (d) of Sub-section (2) shall be two years. 11. Functions, Duties, and Powers of the Committee: (1) The functions, duties, and powers of the Committee shall be as follows:-

(a) To determine the circulation number based on the circulation status of newspapers and to maintain up-to-date records thereof, and

(b) To classify newspapers based on, among other things, their circulation number.

(2) Other than as mentioned in Sub-section (1), the other functions, duties, and powers of the Committee shall be as prescribed. 12.
Press Council Act, 1991

12. Regarding Complaints: (1) If any journalist violates the professional code of conduct, any person may file a complaint with the Council.

(2) Upon receipt of a complaint pursuant to Sub-section (1), the Council may, after making necessary inquiry, do or cause to be done the following:-

(a) Cause the statement of the aggrieved party to be published in the relevant newspaper,

(b) Cause an apology to be made to the aggrieved party and cause the matters of that party to be published in the relevant newspaper,

(c) Cause any comment, article, or publication material of the aggrieved party to be published in the relevant newspaper, and

(d) Recommend to the Government of Nepal to suspend, in whole or in part, the concessions or facilities obtained by a journalist who repeatedly violates the professional code of conduct from the Government of Nepal for a prescribed period.

(3) If a journalist fails to comply with a decision of the Council under Sub-section (2), the Council may express regret and cause that matter to be publicly published.

(4) Before making a decision under Sub-section (2) or (3), the Council shall give the concerned journalist an opportunity to submit an explanation. 13. Fund of the Council: (1) The Council shall have a separate fund.

(2) The fund referred to in Sub-section (1) shall consist of the following amounts, and all expenses of the Council shall be borne from that fund:-

(a) Amount received from the Government of Nepal,

(b) Amount of financial grants or assistance received from foreign governments or organizations,

(c) Amount received by the Council from any other source.

(3) Before obtaining financial grants or assistance pursuant to Clause (b) of Sub-section (2), the Council shall obtain the permission of the Government of Nepal.

(4) The operation of the fund of the Council shall be as prescribed. 14. Accounts and Audit: (1) The accounts of income and expenditure of the Council shall be kept in accordance with the prevailing law.

(2) The audit of the Council shall be conducted in accordance with the prevailing law.

(3) The Government of Nepal may, at any time it so desires, inspect or cause to be inspected the accounts of the Council. 15. Delegation of Powers: The Council may delegate the powers conferred on it under this Act to a committee, sub-committee, member, or any officer of the Council. 16. Contact with the Government of Nepal: While contacting the Government of Nepal, the Council shall do so through Amended by the Act to Amend Certain Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075.the Ministry of Communication and Information Technology. 17.
Electricity Act, 1992

Electricity Act, 2049

Date of Royal Seal and Publication
2049.09.02

Amending Acts

1. Electricity Theft Control Act, 2058 2058.10.10
2. Income Tax Act, 2058 2058.12.19

Date of Authentication and Publication

3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.07
4. Some Nepal Acts Amendment Act, 2072 2072.11.13
5. Electricity Regulatory Commission Act, 2074 2074.05.19
6. Some Nepal Acts Amendment Act, 2075 2075.11.19
7. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 41 of the year 2049



An Act Made to Develop and Manage Electric Power

Preamble: Whereas it is desirable to regulate the survey, generation, transmission or distribution of electricity, to develop electric power, and to make electricity service qualitative and safe,

Therefore, in the twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev, Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Electricity Act, 2049".

(2) This Act shall commence on the date specified by the Government of Nepal by a notification published in the Nepal Gazette. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Electricity" means electric power generated from water, mineral oil, coal, gas, solar energy, wind energy, nuclear energy or any other means.

(b) "Hydropower" means electric power generated from water.

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

(d) "Consumer" means a person receiving electric power from a licensee.

(e) "Tariff" means the charge taken from a consumer for the provision of electricity service pursuant to this Act.

(f) "Licensee" means a person or incorporated body that has obtained a license pursuant to Section 4.

(g) "Inspector" means an Electricity Inspector appointed pursuant to Section 37, and that term shall also include the Chief Electricity Inspector.

(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Survey, Generation, Transmission or Distribution of Electricity: No person shall survey, generate, transmit or distribute electricity without obtaining a license under this Act. 4. Provision of License: (1) A person or incorporated body desiring to survey, generate, transmit or distribute electricity shall submit an application for a license to the prescribed authority, specifying the economic, technical and environmental study report on the relevant subject and the details as prescribed.
Electricity Act, 1992

4. Provision of License: (1) A person or incorporated body desiring to survey, generate, transmit or distribute electricity shall submit an application for a license to the prescribed authority, specifying the economic, technical and environmental study report on the relevant subject and the details as prescribed. Provided that, while submitting an application for a survey license for electricity, it shall not be necessary to attach such a study report.

(2) Upon receipt of an application under sub-section (1), the prescribed authority shall, after making or causing to be made necessary inquiries, grant a license to the applicant in the prescribed format within thirty days in the case of a survey license for electricity, and within one hundred twenty days in the case of a license for the generation, transmission or distribution of electricity.

(3) A person or incorporated body already engaged in the generation, transmission or distribution of electricity before the commencement of this Act shall also, subject to the proviso to Section 3, submit an application for a license to the prescribed authority within one year from the date of commencement of this Act, together with prescribed details.

(4) Upon receipt of an application under sub-section (3), the prescribed authority shall, after making necessary inquiries, grant a license in the prescribed format within sixty days from the date of application.

(5) If a licensee needs to sell or otherwise transfer his license to any person, he shall obtain approval from the prescribed authority. 5. Duration of License: (1) The duration of a license granted for the survey of electricity shall be up to a maximum of five years. Added by Some Nepal Acts Amendment Act, 2082.Provided that if due to force majeure circumstances such as disaster, general strike or curfew, the survey work cannot be completed within that period, the duration of the license may be extended for a further period of up to two years based on necessity and justification, considering the period during which work could not be carried out due to such circumstances.

(2) The duration of a license granted for the generation, transmission or distribution of electricity shall be up to a maximum of fifty years.

(3) If a license is granted for a period shorter than the period specified in sub-section (1) or (2), it shall be renewed as prescribed before the expiry of the period specified in the license amended by Some Nepal Acts Amendment Act, 2075..

(4) If renewal is not obtained under sub-section (3), such license shall be automatically cancelled. 6.
Electricity Act, 1992

6. Prohibition on Granting License: If a license has been granted under this Act to any person or incorporated body for the distribution of electricity in any area, no other person or incorporated body shall be granted a license for the distribution of electricity in the same area during the term of such license. Provided that if it appears that the licensee is unable to meet the demand for electricity in that area, a license may also be granted to any other person or incorporated body to distribute electricity in that area. 7. Matters to be Observed by Licensee: The matters to be observed by a licensee in relation to the survey, generation, transmission or distribution of electricity shall be as prescribed. 8. Cancellation of License: (1) If a licensee does any act contrary to this Act or the rules made under this Act, the prescribed authority may, specifying a time limit, order the concerned licensee to make necessary corrections in such act.

(2) If the licensee fails to make necessary corrections within the time limit specified under sub-section (1), the prescribed authority may cancel the license obtained by such person.

(3) Before cancelling a license under sub-section (2), the prescribed authority shall give the concerned licensee a reasonable opportunity to submit his defense. 9. Agreement May be Made with Licensee: The Government of Nepal may make an agreement with a licensee relating to the bulk purchase of electricity, guarantee of necessary capital to be invested, or other economic and technical matters. 10.
Electricity Act, 1992

9. Agreement May be Made with Licensee: The Government of Nepal may make an agreement with a licensee relating to the bulk purchase of electricity, guarantee of necessary capital to be invested, or other economic and technical matters. 10. Ownership of Government of Nepal: (1) Land, buildings, equipment and structures relating to an electricity generation station or transmission and distribution line established with foreign investment exceeding 50 percent of the total investment by a foreign person or incorporated body shall become the property of the Government of Nepal after the expiry of the term specified in the license.

(2) Property that has come into the ownership of the Government of Nepal under sub-section (1) may be taken by the former licensee for the generation, transmission or distribution of electricity at a price determined under sub-section (3), and after so acquiring the property, he shall make an agreement with the Government of Nepal and generate, transmit or distribute electricity according to such agreement.

(3) For the purpose of determining the price under sub-section (2), the Government of Nepal shall constitute a committee of at least five persons.

(4) The operation and management of an electricity generation station or transmission and distribution line established with foreign investment up to 50 percent of the total investment by a foreign person or incorporated body, or without foreign investment, shall, after the expiry of the term specified in the license, be carried out by the former licensee by making an agreement with the Government of Nepal and according to such agreement. 11. Royalty to be Paid: (1) A licensee shall pay royalty to the Government of Nepal at the rate of one hundred rupees per installed kilowatt annually and two percent of the average selling price per unit (kilowatt hour) for fifteen years from the commencement of commercial generation of hydropower.

(2) After the period referred to in sub-section (1), the licensee shall pay royalty to the Government of Nepal at the rate of one thousand rupees per installed kilowatt annually and ten percent of the average selling price per unit (kilowatt hour). 12. Omitted by Income Tax Act, 2058 and Other Tax, Fee Related Facilities: (1) Omitted by Income Tax Act, 2058.

(2) Omitted by Income Tax Act, 2058.

(3) Omitted by Income Tax Act, 2058.

(4) Omitted by Income Tax Act, 2058.

(5) Omitted by Income Tax Act, 2058.

(6) Omitted by Income Tax Act, 2058.

(7) If construction equipment, machinery tools, equipment required for operation and maintenance, and their spare parts necessary for the generation, transmission or distribution of hydropower produced and sold by local industries are imported, customs duty and sales tax shall be levied according to the prevailing rates.
Electricity Act, 1992

In the case of goods not produced in Nepal, only one percent customs duty shall be levied, and import license fee, sales tax, etc. shall not be levied on such goods. 13. Foreign Exchange Facility: If foreign currency is invested in the form of loan or share capital for hydropower generation, transmission or distribution, the Government of Nepal shall make available the necessary foreign currency at the prevailing market exchange rate for the payment of principal or interest of the loan or for the repatriation of investment. 14. Facilities According to Prevailing Law: In addition to the facilities obtained under this Act, a licensee shall also be entitled to facilities according to the prevailing law, provided that there is no duplication. 15. Provision Relating to Accommodation and Bonus: Notwithstanding anything written in the prevailing law, the provision of accommodation and bonus for workers and employees engaged in the generation, transmission or distribution of electricity shall be as prescribed. 16. Electricity Tariff and Other Charges May be Levied: (1) The Government of Nepal or a licensee may levy a tariff and other charges determined in accordance with the prevailing federal law relating to the amended by Electricity Regulatory Commission Act, 2074.Electricity Regulatory Commission from the person to whom such service is provided, in return for providing electricity service.

(2) The electricity tariff and other charges under sub-section (1) shall be recovered as prescribed. 17. Repealed by Electricity Regulatory Commission Act, 2074. 18. Repealed by Electricity Regulatory Commission Act, 2074. 19. Electricity Service May be Disconnected: Electricity service may be disconnected in the following circumstances:-

(a) If inspection, repair or any other important work of electricity-related equipment and lines has to be carried out,

(b) If a natural calamity such as flood, landslide, fire, earthquake or strike, lockout, riot or any other similar extraordinary circumstance beyond control arises,

(c) In the case of a consumer who fails to pay the tariff and other charges due from him,

(d) In the case of a consumer who uses electricity in an unauthorized manner or uses electricity service contrary to the conditions. 20. National Transmission Line or Grid: The Government of Nepal may, by a notification published in the Nepal Gazette, designate any transmission line or grid as a National Transmission Line or Grid. 21.
Electricity Act, 1992

20. National Transmission Line or Grid: The Government of Nepal may, by a notification published in the Nepal Gazette, designate any transmission line or grid as a National Transmission Line or Grid. 21. Sale of Generated Electricity: (1) If any person desires to sell in bulk electricity generated under this Act, the Government of Nepal may purchase or cause to be purchased such electricity so that it is integrated into the National Grid.

(2) Amended by Some Nepal Acts Amendment Act, 2075.The purchase rate of electricity purchased under sub-section (1) shall be as determined by the Electricity Regulatory Commission.

(3) While determining the purchase rate of electricity under sub-section (2), depreciation shall be calculated in such a manner that the total investment is recovered on average within twenty-five years. 22. Import and Export of Electricity: (1) If a licensee desires to import and distribute electricity within Nepal omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066., he may import electricity with the prior approval of the Government of Nepal as prescribed.

(2) If a licensee desires to export electricity generated by him to a foreign country, he may export it by making an agreement with the Government of Nepal in that regard.

(3) A person exporting electricity under sub-section (2) shall pay export tax to the Government of Nepal as prescribed. 23. Quality of Electricity to be Prescribed: (1) The Government of Nepal may, by a notification published in the Nepal Gazette, prescribe the quality of electricity to be generated, transmitted or distributed under this Act.

(2) While generating, transmitting or distributing electricity, the quality prescribed under sub-section (1) shall be maintained. 24. No Significant Adverse Effect on Environment: While generating, transmitting or distributing electricity, it shall be done in such a way that no significant adverse effect is caused to the environment by soil erosion, flood, landslide, air pollution, etc. 25. Level of Voltage and Other Technical Matters: (1) The level of voltage and other technical matters for the generation, transmission or distribution of electricity shall be as prescribed.

(2) A person generating, transmitting or distributing electricity shall maintain the level prescribed under sub-section (1). 26. Safety Measures: The safety measures to be adopted in the course of generation, transmission or distribution of electricity shall be as prescribed. 27. Maintenance: If it becomes necessary to interrupt the supply of electricity for the maintenance of an electricity generation station, transmission or distribution line or any other structure, or for any other reason, the licensee shall give information thereof to the general public by a public notice at least twenty-four hours in advance.
Electricity Act, 1992

Provided that, added by Republic Strengthening and Some Nepal Laws (Amendment) Act, 2066. if it becomes necessary to interrupt electricity supply for immediate repair or any other situation, it shall not be an obstacle to carry out such work after giving information thereof before doing such work. 28. Special Circumstances: (1) If due to any special circumstance it becomes necessary to stop the generation, transmission or distribution of electricity in any area, or if electricity service has to be immediately provided to any area, the Government of Nepal may give necessary orders to the concerned electricity generator, transmitter or distributor, and it shall be his duty to comply with such orders.

(2) The Government of Nepal shall bear any loss or damage incurred while complying with an order under sub-section (1). 29. Not to be Nationalized: (1) Land, buildings, equipment and structures relating to the generation, transmission or distribution of electricity shall not be nationalized. Provided that land, buildings, equipment and structures relating to the generation, transmission or distribution of hydropower of 1000 kilowatts or less may be taken over by the Government of Nepal itself for extensive public use and developed. Explanation: "Extensive public use" means use that benefits a population greater than the population benefiting from the current use.

(2) The Government of Nepal shall pay compensation as prescribed to the concerned person for land, buildings, equipment and structures taken under the proviso to sub-section (1).

(3) Compensation to be given under sub-section (2) shall be determined on the basis of the current value of the land, buildings, equipment and structures taken by the Government of Nepal (deducting wear and tear and depreciation from ordinary use). 30. Hydropower Generation Station, etc. to be Purchased: In an area where a person or entity is generating up to one thousand kilowatts of hydropower and distributing it, if a licensee is to distribute electricity in that area, and if the person or entity so generating and distributing up to one thousand kilowatts of hydropower desires to sell the hydropower generation station, transmission and distribution line operated by him, the said licensee shall purchase such hydropower generation station, transmission and distribution line at a price determined by mutual agreement on the basis of the current value thereof (deducting wear and tear and depreciation from ordinary use). 31.
Electricity Act, 1992

31. Protection of Electricity Structures: (1) For the protection of any electricity generation station, transformer station, substation, pond constructed for electricity generation, or any structure related to electricity, the Government of Nepal may, upon the request of the licensee or on its own initiative if it deems such protection necessary, make necessary arrangements.

(2) If protection arrangements are made upon the request of a licensee under sub-section (1), the entire cost thereof shall be borne by the licensee. 32. Entry into Another's House or Land: In the course of surveying, generating, transmitting or distributing electricity, if the Government of Nepal or a licensee has to enter into any person's house or land, an employee deputed by the Government of Nepal or the licensee may enter such house or land only after giving prior notice to the concerned person. If any loss or damage is caused during such entry, the Government of Nepal or the licensee shall give compensation as prescribed. Provided that if there is a reasonable cause to suspect unauthorized use or theft of electricity in any house or land, such employee may enter the concerned house or land without prior notice for the purpose of inspecting that matter or preventing any accident. 33. Use or Acquisition of Another's House or Land: (1) If it is necessary to use or acquire another person's house or land for the generation, transmission or distribution of electricity, the licensee may submit an application to the Government of Nepal.

(2) Upon receipt of an application under sub-section (1), the Government of Nepal may, after making necessary inquiries in that regard, cause the licensee to acquire such house or land in the same manner as land is acquired for an incorporated body under the prevailing law. If it is government land, it shall be provided on lease for the duration of the license.

(3) If the Government of Nepal or a licensee has carried out any construction work relating to the generation, transmission or distribution of electricity, the Government of Nepal may prohibit any other person from using the place where such construction work has been carried out or the house or land falling within the prescribed distance around that place for any specific purpose. The Government of Nepal or the licensee shall give compensation as prescribed for the loss or damage caused to the concerned person by reason of such prohibition. 34. Government of Nepal May Generate and Develop Electricity: Nothing in this Act shall be deemed to prevent the Government of Nepal from itself generating or developing electricity. 35.
Electricity Act, 1992

34. Government of Nepal May Generate and Develop Electricity: Nothing in this Act shall be deemed to prevent the Government of Nepal from itself generating or developing electricity. 35. Government of Nepal May Generate, Transmit or Distribute Electricity by Contract: Notwithstanding anything written elsewhere in this Act, the Government of Nepal may, by entering into a contract with any person or entity, generate, transmit or distribute electricity or cause it to be done on the basis of the terms mentioned in such contract. 36. Hydropower Development Unit: For developing and causing to develop hydropower, encouraging private sector entrepreneurs in hydropower development, and monitoring works related to hydropower development, there shall be a Hydropower Development Unit in the Ministry of Water Resources. 37. Appointment of Inspector: (1) For the inspection and supervision of the generation, transmission or distribution of electricity, the Government of Nepal may, as required, appoint a Chief Electricity Inspector and Electricity Inspectors.

(2) The qualifications required for the Chief Electricity Inspector and Electricity Inspector shall be as prescribed.

(3) Other functions, duties and powers of the Chief Electricity Inspector and Electricity Inspector shall be as prescribed. 38. Penalty: (1) If any person violates this Act or the rules made under this Act, the prescribed authority may fine him up to five thousand rupees. If any loss or damage has been caused to any person from such offense, the prescribed authority may also recover compensation for such loss or damage from him.

(2) If any person generates, transmits or distributes electricity without obtaining a license as required under this Act, or without observing the conditions mentioned in the license, the prescribed authority may fine him up to amended by Some Nepal Acts Amendment Act, 2075.five hundred thousand rupees and cause such work to be stopped.

(3) Omitted by Electricity Theft Control Act, 2075

(4) If any person malafide commits any act that adversely affects any electricity generation or transformer station, transmission line, distribution line or any other structure related thereto, or demolishes, damages or in any way harms the same, or abets any such act or thing, or attempts to do such act, the amount of loss or damage shall be recovered from him, and he may be punished with a fine equal to the amount of loss or damage, or imprisonment for up to ten years, or both. 39.
Electricity Act, 1992

39. Appeal: A person aggrieved by the cancellation of a license by the prescribed authority under sub-section (2) of Section 8, or by the amount of compensation given under Section 29, 32 or 33, or by an order of punishment given by the prescribed authority under amended by Electricity Theft Control Act, 2075.sub-sections (1) and (2) of Section 38, may, within thirty-five days, file an appeal to the amended by Some Nepal Acts Amendment Act, 2072.High Court. 40. Power to Make Rules: (1) The Government of Nepal may make necessary rules for the implementation of the objectives of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the Government of Nepal may, in particular, make rules on the following matters:-

(a) The format of the application for a license and the matters to be specified therein, the format, duration, conditions, fees or charges and other necessary matters of the license,

(b) The level of voltage and the quality of electricity service to be distributed and other necessary technical matters,

(c) Construction work of any structure related to electricity and its standards,

(d) The standards of equipment and goods used in the generation, transmission or distribution of electricity and the methods of use,

(e) The qualifications, functions, duties and powers of the Inspector,

(f) Omitted by Some Nepal Acts Amendment Act, 2075

(g) Safety measures to be adopted during the generation, transmission and distribution of electricity,

(h) Matters to be observed by consumers or customers,

(i) Accidents and their investigation,

(j) Other necessary matters.
Private Forests Nationalization Act, 1957

Private Forest Nationalization Act, 2013

Date of Seal and Publication:
2013.10.12

Date of Certification and Publication:
2066.10.07

Amending Acts

1. Republic Strengthening and Certain Nepal Laws Amendment Act, 2066 2066.10.07

Act No. 18 of the year 2013



An Act to Nationalize Private Forests

Preamble: Whereas forests are an essential part of the national wealth, and to prevent the destruction of national wealth and to conserve, manage, and utilize forests in the best possible manner for the benefit of the country and the people, it is necessary to nationalize private forests; Therefore, His Majesty the King, on the advice of the Council of Ministers, has enacted and promulgated this Act. 1. Short Title, Extent, and Commencement: (1) This Act may be cited as the "Private Forest Nationalization Act, 2013".

(2) This Act shall come into force immediately throughout the Kingdom of Nepal. 2. Determination of Private Forest: (1) For the purposes of this Act, "private forest" shall be understood to mean all types of forests on land which, prior to the commencement of this Act, was either wholly or partially exempted from state revenue (Malpot) or land which a particular person has, by any means, acquired rights over and enjoyed, as well as the barren land within the boundaries of such forest. Provided that:

(a) Scattered trees on cultivated land, or fruit orchards and other trees located within a house compound or separately, shall not be deemed a forest.

(b) If a person has planted and nurtured trees through their own labor on land up to 25 Ropani in the valleys and hills, and up to 5 Bigha in the Terai, such trees shall not be deemed a forest.

(2) If any question arises whether any land falls within a private forest, or whether any private forest falls within any land, or what the boundary or area of such forest is, or whether it is a private forest or not, such matter shall be decided by an officer appointed by the Government of Nepal for that purpose.

(3) A person dissatisfied with the decision of the officer appointed under sub-section (2) may appeal to the Government of Nepal within thirty-five days. The right to file such an appeal is removed by the Republic Strengthening and Certain Nepal Laws Amendment Act, 2066. The right of the Forest Officer shall also remain preserved.

(4) After such an appeal is filed, the Government of Nepal shall, for the purpose of making a decision, constitute a Tribunal chaired by a judge of the Supreme Court or a person qualified to be a judge, and appoint two other members.