chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Evidence Act, 1974

Chapter-6

Proof of Documents

35. Proof of Documents: (1) A document or a matter recorded in a document must be proved by producing the document itself. Inserted by the Second Amendment. Explanation: For the purposes of this section, "document" also includes any subject matter in a digital or electronic record, or its printed or stored optical or electro-magnetic form, or published or republished digital or electronic material, or a copy of such material.

(2) Notwithstanding anything contained in sub-section (1), in the following circumstances, a document or a matter recorded in a document may be proved by a photo, copy, or duly certified copy obtained according to law, or by oral evidence:

(a) If it is proved that the document is in the possession of the person against whom it is sought to be proved, or

(b) If the person in whose possession the document is cannot be served with a summons by the court, or if, after service of summons, that person fails to produce the document, or

(c) If it is proved that the document is lost or destroyed, or

(d) If the document cannot be easily moved and produced in court, or

(e) If, by the nature of the document, it is in such a condition that it would not remain with the party seeking to produce it. Provided that, in the case of a document under this clause, if the party can obtain a certified copy according to law, it shall be mandatory to produce such copy.

(3) Amended by the Second Amendment. Notwithstanding anything contained in sub-sections (1) and (2), decisions or orders made by the Government of Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or records kept Inserted by the Second Amendment. may be proved by producing a document certified by the relevant officer under the prevailing Nepal law. 36. Determining Signature or Seal: (1) If the question arises whether a document was written or sealed by a person, the court may require that person to write or seal on another paper, and compare that with the signature or seal, or with the signature or seal on any other document of that person, and determine the matter.

(2) If the signature or seal cannot be determined by comparison as mentioned in sub-section (1), the court may determine the matter by other evidence.

(3) Nothing in this section shall preclude the court from taking the opinion of an expert on signature or seal. Chapter-7

Oral Evidence

37.
Evidence Act, 1974

Chapter-7

Oral Evidence

37. Oral Evidence: (1) Except where a document is required to be produced under this Act, facts may be proved by oral evidence.

(2) Oral evidence must be direct; that is, if evidence is sought to be given of a fact which can be perceived by seeing, hearing or with the aid of any sense, the person who directly saw, heard or perceived it must give oral evidence regarding it. Explanation: For the purposes of this sub-section, oral evidence given before a court by a person who heard or knew of a matter at the time it was expressed, which is admissible under section 10, 11 or 12, appearing as a witness, shall also be considered direct evidence. Inserted by the Second Amendment. Chapter-7A. Presentation of Evidence

37a. Taking Oral Evidence through Audio-Visual Dialogue: If the court deems it appropriate, it may take oral evidence through audio-visual dialogue. 37b. Evidence Must be Presented: The plaintiff shall mention all his witnesses, documents and physical evidence, as far as available, in the complaint or plaint, the accused in his statement, and the defendant in the written statement or counterclaim. 37c. Party Must Produce Witnesses: (1) The relevant party shall produce his witness on the date fixed by the court.

(2) Notwithstanding anything contained in sub-section (1), in a particular case, at the time of filing such case, if the defendant is present, the plaintiff or the defendant or both parties shall not be precluded from producing their respective witnesses or experts before the court. Chapter 8

Examination of Witnesses

38. Persons Who May be Witnesses: Any person, including a Inserted by the First Amendment.lunatic Inserted by the Second Amendment. or accomplice, may be a witness, except a person whom the court determines, due to tender age, extreme old age, physical or mental illness or other similar cause, to be unable to understand the questions put to him or to give rational answers thereto. 39. Testimony of a Person Unable to Speak: A person unable to speak may give testimony by writing or by gestures that can be understood by others. 40. Relatives of a Party Not Bound to Give Testimony: Notwithstanding anything contained in other sections of this Act or other prevailing Nepal law, the mother, father, son, daughter, Amended by the Second Amendment.husband or wife of a party shall not be bound to give testimony against that party. 41.
Evidence Act, 1974

40. Relatives of a Party Not Bound to Give Testimony: Notwithstanding anything contained in other sections of this Act or other prevailing Nepal law, the mother, father, son, daughter, Amended by the Second Amendment.husband or wife of a party shall not be bound to give testimony against that party. 41. Confidential Communication between Husband and Wife: (1) A husband shall not be bound to disclose any communication made to him by his wife, or a wife to disclose any communication made to her by her husband, during the subsistence of their marital relationship, or to present correspondence exchanged between them during that time.

(2) Except in a case between a husband and wife, or in a criminal case where the Government of Nepal is the plaintiff and which is instituted in connection with an offence committed against such husband or wife, such communication or correspondence shall not be disclosed or presented without the consent of such husband or wife. 42. Judge Not Bound to Disclose Acts Done in Capacity as Judge: Except where otherwise ordered by a higher court, a person shall not be bound to answer any question regarding any act done or matter known by him in the capacity of a judge in court. Provided that, a judge may be examined as a witness regarding any event or other matter that occurred in court before him while acting in his capacity as a judge. 43. Unpublished Government Documents in Government Office Not to be Disclosed: Except with the permission of the departmental head, a person shall not present any unpublished confidential document related to government business kept in a government office, or disclose any matter thereof. 44. Government Servant Not Bound to Disclose Information Received: If a government servant feels that disclosing information he has obtained in the trust of his office would be against the public interest, he shall not be bound to disclose such information. 44a. Police Officer Not Bound to Disclose Source of Information Regarding Offence: A police officer shall not be bound to disclose the source of information received by him in any manner regarding the commission of an offence. 45. Legal Practitioner Not to Disclose Information Given by Client: (1) Without the written consent of the client who appointed him, a legal practitioner shall not disclose any information given to him by his client or his heir, or the contents of any document known to him, or any advice given by him, in the course of or for the purpose of his appointment.
Evidence Act, 1974

Provided that-

(a) A legal practitioner may disclose any information given to him with the intention of performing a legal work.

(b) If, after the appointment of a legal practitioner, an offence has been committed and he comes to know of it, he may disclose that matter. Inserted by the Second Amendment.Explanation: For the purposes of this section, "legal practitioner" means a person authorized to practice law under the prevailing law.

(2) The restriction imposed on a legal practitioner under sub-section (1) shall continue even after the termination of his appointment by that party in the capacity of legal practitioner, and such restriction shall also apply to the clerk, servant and interpreter of the legal practitioner.

(3) If a party causes any legal practitioner on his behalf to give any testimony regarding any information as mentioned in sub-section (1), that party shall be deemed to have consented to the disclosure of such information or matter for the purposes of that sub-section. 46. Party Not Bound to Disclose Communication Between Him and His Deleted by the Second Amendment. Legal Advisor: A person shall not be bound to disclose what communication or information was exchanged between him and his Deleted by the Second Amendment. legal advisor. Provided that, if he himself wishes to disclose any such information in court, he shall also be required to disclose any other matter related thereto that the court deems necessary to clarify it. 47. Witness Bound to Answer: A witness shall not be entitled to refuse to answer any question put to him in court on the ground that the answer may incriminate him. Provided that, except for proceedings for perjury, such witness shall not be arrested or prosecuted on the basis of any answer given under compulsion, and such answer shall not be admissible as evidence in any other criminal case. 48. Producing and Examining Witnesses: Subject to the prevailing Nepal law, witnesses shall be produced and examined in the order determined by the court Amended by the Second Amendment.. 49. Procedure for Examining Witnesses: (1) When examining a witness, the court shall administer an oath to the effect that, mindful of faith and conscience, he will give true testimony regarding what he has seen, known or heard.

(2) A witness shall be examined in the presence of all parties to the case.
Evidence Act, 1974

Provided that, a witness shall be examined in the presence of the parties who are present in court on the date and time fixed for examination.

(3) A witness shall be examined in such a way that one witness cannot hear the testimony of another.

(4) If, for any reasonable cause, it appears necessary to re-examine a witness who has already been examined once, he may be examined further only on matters not previously clarified.

(5) The statement of a witness shall also be signed by the parties to the case. If any party does not sign, the judge shall note that fact and sign himself. 50. Examination-in-Chief and Cross-Examination: (1) When a witness is examined, the party on whose behalf the witness is may conduct an examination-in-chief of him. Thereafter, the other party may, if he wishes, cross-examine that witness.

(2) After the cross-examination under sub-section (1), the party on whose behalf the witness is may re-examine him. Provided that, when a party re-examines his witness under this provision, he may only examine on matters arising out of the cross-examination by the opposite party.

(3) Notwithstanding anything contained in the proviso to sub-section (2), with the permission of the court, a party may ask questions on any new matter when re-examining his witness. Provided that, if any new matter is asked about accordingly, the opposite party may further cross-examine the witness on that matter.

(4) When a party conducts an examination-in-chief or re-examination of his witness, leading questions suggesting the desired answer shall not be asked if the opposite party objects. Provided that, such questions may be asked with the permission of the court.

(5) When granting permission to a party to ask a leading question to his witness under the proviso to sub-section (4), the court shall grant permission only if it considers that the question is introductory, undisputed, or that the matter related to the question has been fully proved. Inserted by the Second Amendment.(5a) If an accused implicates (appeals) another accused during his statement, the co-accused so implicated may be given an opportunity to cross-examine him to the extent of the implication made.
Evidence Act, 1974

Inserted by the Second Amendment.(5a) If an accused implicates (appeals) another accused during his statement, the co-accused so implicated may be given an opportunity to cross-examine him to the extent of the implication made. Inserted by the Second Amendment.(5b) If the co-accused making the implication under sub-section (5a) is on regular bail, bail, or in detention pending trial, a date shall be fixed for his appearance before the judgment of the case, and on that date, the accused so implicated shall be given an opportunity to cross-examine him.

(6) Amended by the Second Amendment.Notwithstanding anything contained elsewhere in this section, if, when a witness is examined, the party on whose behalf the witness is makes a written request that the court, rather than that party, conduct the examination, the court itself shall ask the necessary questions and record the answers, and thereafter the other party may, if he wishes, cross-examine that witness. Provided that-

(a) If the court conducts an examination of a witness under this sub-section, the party on whose behalf the witness is shall not be entitled to conduct an examination-in-chief or re-examination.

(b) A party shall not be entitled to examine some of his witnesses himself under clause (a) and to request under this clause that some be examined by the court. 51. Court May Disallow Improper Questions to Witness: The court may disallow questions which are of a nature to unnecessarily insult or annoy a witness. 52. Examining and Cross-Examining Expert as a Witness: If it becomes necessary to determine a matter relating to handwriting, fingerprints, foreign law, science, customs, Amended by the Second Amendment.art, a subject requiring scientific or technical examination, or other similar subjects, the court may examine as a witness a person who has special expertise, experience or training in that matter. If the court examines an expert as a witness accordingly, the party to the case must be given an opportunity to cross-examine him under this Act. Inserted by the Second Amendment.52a. Provision for Examining Expert Witness: (1) Notwithstanding anything contained elsewhere in this Act, if an expert witness cannot appear to testify on the scheduled day for his testimony and written information to that effect is received, the court may order such expert to appear for testimony at a suitable time.

(2) Notwithstanding anything contained in sub-section (1), if, in a case, the expert who gave the expert opinion dies or cannot be examined for any other reason, and it is
Aquatic Animals Protection Act, 1961

Aquatic Animal Conservation Act, 2017

Royal Seal and Date of Publication
2017.8.29

Amending Acts

1. Some Nepal Laws (Amendment and Reorganization) Act, 2020 2020.11.16
2. Administration of Justice Act, 2048 2048.2.16
3. Aquatic Animal Conservation (First Amendment) Act, 2055 2055.10.7
4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
5. Some Nepal Laws Amendment and Repeal Act, 2072 2072.6.14
6. Some Nepal Acts Amendment Act, 2072 2072.11.13
7. Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074 2074.6.30
8. Some Nepal Acts Amendment to Conform with the Constitution of Nepal Act, 2075 2075.11.19

Act No. 18 of the year 2017



An Act made to provide for the conservation of aquatic animals and other related matters

Preamble: Added by the Some Nepal Laws (Amendment and Reorganization) Act, 2020. Whereas it is desirable to provide for the conservation of aquatic animals and other related matters in order to maintain peace and order and the convenience and economic interest of the general public;

Now, therefore, the Parliament has enacted this Act in the sixth year of the reign of His Majesty King Mahendra Bir Bikram Shah Dev. 1. Short title, extent and commencement: (1) This Act may be called the "Aquatic Animal Conservation Act, 2017."

(2) This Act shall extend throughout Nepal.

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

(a) Amended by the First Amendment. "Water" means a lake, pond, stream, river, rivulet, pool, canal, ditch, reservoir, artificial reservoir, wetland, cage installed for fish farming, and water of paddy fields where fish are raised, including their sources.

(b) "Aquatic animal" means any living being living within water.

(c) Amended by the First Amendment. "Local authority" means the Chief District Officer of the concerned district.

(c1) Added by the First Amendment. "Technical officer" means an employee designated by the Government of Nepal to carry out fishery development, fishery research, or fishery extension work.

(c2) Added by the First Amendment. "Fish ladder" means an alternative passage placed in water for the movement of aquatic animals.

(d) "Private water" means a lake, pond, pool, reservoir or artificial reservoir located on land for which a private individual pays land revenue or land tax to Amended by the Some Nepal Acts Amendment to Conform with the Constitution of Nepal Act, 2075. the local level and which is under that individual's ownership and use.

(e) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. 3.
Aquatic Animals Protection Act, 1961

3. Prohibition on methods of catching and killing aquatic animals: No person shall, with the intention of catching or killing any aquatic animal present in any water, knowingly use any kind of "electric current, explosive substance or poisonous substance" in such water or its vicinity Deleted by the First Amendment. Provided that, nothing in this section or any matter thereunder shall prevent the owner of any private water from using any method, other than releasing a poisonous substance for the purpose of catching or killing aquatic animals in his/her own private water, provided that no damage is caused to aquatic animals in any other water. 3A. Added by the First Amendment. Not to obstruct or dismantle fish ladders and structure gates: No person other than an authorized person shall obstruct or dismantle the gates of fish ladders, dams, or any other kind of structures in water for the conservation of aquatic animals. 4. Power of Government of Nepal to prohibit catching, killing or injuring certain specified types of aquatic animals: The Government of Nepal may, by an order published in the Nepal Gazette, in that same order -

(a) prohibit any person from knowingly catching, killing or injuring aquatic animals of the species specified therein without the permission of the Government of Nepal or the local authority; and

(b) prohibit any person from knowingly catching, killing or injuring any aquatic animals during the specified season and under specified conditions. Provided that nothing in this section or any matter under this section shall apply in relation to aquatic animals found in the private water of any particular person. 5. Power of Government of Nepal to prohibit catching, killing or injuring aquatic animals in certain specified waters: The Government of Nepal may, by an order published in the Nepal Gazette, prohibit any person from knowingly catching, killing or injuring aquatic animals in the water of places specified in that same order without the permission of the Government of Nepal or the local authority, and the Government of Nepal shall have exclusive rights over all aquatic animals in the water of such places. Provided that the Government of Nepal shall not issue such an order in relation to the private water of any particular person. 5A. Added by the First Amendment. Not to use poison other than safe poison: If a poisonous substance is required to be used for the purpose of catching or killing aquatic animals, no type of poison other than safe poison shall be used for that purpose. Explanation: For the purpose of this section, "safe poison" means a chemical or herbal substance recommended by the technical officer. 5B. Added by the First Amendment.
Aquatic Animals Protection Act, 1961

Explanation: For the purpose of this section, "safe poison" means a chemical or herbal substance recommended by the technical officer. 5B. Added by the First Amendment. Other provisions relating to aquatic animals: (1) The body constructing a dam for electricity, drinking water, irrigation or any other purpose shall, as far as possible, construct a fish ladder to prevent obstruction to the movement of aquatic animals. If it is not possible to construct a fish ladder, arrangements shall be made for an aquatic animal hatchery and aquatic animal nursery for artificial breeding of aquatic animals in or around such area.

(2) Prior notice shall be given to the technical officer while carrying out construction work pursuant to sub-section (1). 5C. Added by the Some Nepal Acts Amendment to Conform with the Constitution of Nepal Act, 2075. Conservation of aquatic animals by Province and Local Level: The province and local level shall conserve aquatic animals within their respective areas. 6. Rights of citizens: Subject to section 3, nothing in this Act shall be deemed to prohibit any citizen from killing or catching aquatic animals in other waters, except during the season, conditions and places prohibited by orders issued under sections 4 and 5. 7. Amended by the First Amendment. Provisions relating to contract: (1) The Government of Nepal may make contractual arrangements for the work of catching and killing one or more types of aquatic animals in any water under its control.

(2) Amended by the Some Nepal Acts Amendment to Conform with the Constitution of Nepal Act, 2075. Subject to the standards issued under sub-section (3), the local level may, for the work of catching and killing aquatic animals other than those prohibited under section 4 or those located in specific waters under section 5, make a contract in accordance with law.

(3) When awarding a contract under sub-section (1) or (2), the standards for the equipment used to catch or capture aquatic animals shall be as prescribed.

(4) The procedure for awarding a contract under sub-section (1) Deleted by the Some Nepal Acts Amendment to Conform with the Constitution of Nepal Act, 2075. shall be as prescribed. 8. Penalties: (1) Amended by the First Amendment. A person who violates or abets the violation of section 3 or 3A shall, by order of the local authority, taking into account the gravity of the offense, be liable to pay compensation equal to the amount of the loss or damage caused, and Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. shall be punished with imprisonment for up to six months or a fine of up to five thousand rupees, or both.
Aquatic Animals Protection Act, 1961

While assessing the loss or damage, the technical officer shall be involved.

(2) A person who violates or abets the violation of any provision of an order issued under section 4 or section 5 shall, by order of the local authority, be fined Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. up to two thousand rupees.

(3) Without prejudice to the penalties mentioned in sub-sections (1) and (2), a person who violates or abets the violation of any provision of this Act or of the rules made or orders issued under this Act shall, by order of the local authority, be fined Amended by the First Amendment. up to one thousand rupees.

(4) All weapons, materials and articles in the possession of a person found guilty of an offense under this Act and related to that offense shall be confiscated by order of the local authority.

(5) If the fine imposed under this Act is not paid by the convict within the prescribed period, action shall be taken as for government arrears and recovered from him/her. 9. Appeal: Deleted by the First Amendment. A person dissatisfied with the order of penalty given by the local authority under section 8 may, within thirty-five days from the date of receipt of notice of such order, appeal to Amended by the Some Nepal Acts Amendment Act, 2072. the District Court. Provided that, such appeal shall not be maintainable unless the appellant deposits the amount of the fine determined to be payable or furnishes a security bond of that amount. 10. Amount recovered as fine and confiscated weapons, materials and articles to be deposited in government fund: It shall be the duty of the local authority to deposit the amount recovered as fine under this Act, and to sell by auction, except for weapons, explosives and poisonous substances, all other articles among the confiscated weapons, materials and articles, convert them into cash, and deposit them in the local revenue office or Nepal Rastra Bank; and to handle the weapons, explosives and poisonous substances in accordance with the prevailing Nepalese law. 11. Powers of local authority: When conducting proceedings on cases under this Act, the local authority shall have all the powers of a court of first instance, including the power to record statements and depositions, examine evidence, and require the submission of documents. 12.
Aquatic Animals Protection Act, 1961

11. Powers of local authority: When conducting proceedings on cases under this Act, the local authority shall have all the powers of a court of first instance, including the power to record statements and depositions, examine evidence, and require the submission of documents. 12. Power to arrest and seize: Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. (1) If any person is seen doing or causing to be done any act contrary to this Act or the rules made or orders issued under this Act, or if evidence thereof is obtained, the local authority may arrest such person in accordance with an arrest warrant issued by it; and if the offender is not immediately arrested, or if there is reasonable cause to believe that such person will flee, escape, or destroy evidence, proof, or exhibits, or if an absconding person related to the offense is found, or if the person is caught in the act or is in the presence of the local authority, the local authority may immediately issue an emergent arrest warrant, arrest such person, and also seize the weapons, materials and articles used in the offense. Any employee deployed by the local authority or any police officer shall, within twenty-four hours, excluding the time required for travel, produce the arrested person and the seized weapons, materials and articles before the local authority.

(2) After the production pursuant to sub-section (1), Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. the local authority shall, within twenty-four hours, take the necessary action, and if the seized articles are perishable, they shall be auctioned in the presence of the arrested person and the proceeds kept as deposit. 13. To be in accordance with prevailing law: If any act prohibited by this Act is committed, or if any person acts in accordance with this Act in a matter to which no section of this Act applies, and such act causes any loss or damage to anyone, nothing in this Act shall be deemed to impede the application of or action under prevailing Nepalese law. 14. Power to make rules: The Government of Nepal may make rules for the purpose of implementing the objectives of this Act. 15. Repeal: (1) Number 25 of the Muluki Ain (General Code) is hereby repealed.

(2) All Nepalese laws inconsistent with this Act and the rules made or orders issued under this Act shall be deemed to have been repealed or, as the case may be, amended to be consistent therewith.
Telecommunications Act, 1997

Telecommunications Act, 2053

Royal Seal and Publication Date
2053.9.17

Amending Acts

1. Act to Amend Some Nepal Acts Relating to Communication, 2057 2057.10.18
2. Income Tax Act, 2058 2058.12.19

Ratification and Publication Date

3. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.1.7
4. Act to Amend, Consolidate, Adjust and Repeal Some Nepal Laws, 2074 2074.6.30
5. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
6. Finance Act, 2077 2077.3.15
7. Finance Act, 2078 2078.6.13

Act No. 18 of the year 2053



An Act Made to Provide for Matters Relating to Telecommunications

Preamble: Whereas it is desirable to make telecommunications service reliable and universally accessible, to involve the private sector as well in telecommunications service, and to regulate and systematize such service,

The Federal Parliament has enacted this Act. This Act is enacted by the Parliament in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Telecommunications Act, 2053".

(2) This Act shall come into force on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint As per the notice published in the Nepal Gazette on 2057.7.18, it has come into force from 2057.7.18.. 2.
Telecommunications Act, 1997

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

(a) "Telecommunications" means the emission, transmission or reception of any voice, sign, signal, writing, figure, code of any kind or message, whether or not such voice, sign, signal, writing, figure or code or message has been rearranged, computed or otherwise transformed by any means for such emission, transmission or reception, by wire, radio, optical or other electromagnetic systems.

(b) "Telecommunications Line" means any wire, cable, apparatus, tower, pole, antenna, tunnel, hole, pit, stick or other structure or object used or intended to be used in connection with a telecommunications system.

(c) "Telecommunications System" means any apparatus or group of apparatus used or intended to be used in connection with a telecommunications system.

(d) "Telecommunications Service" means the service relating to the exchange of any voice, sign, signal, writing, figure, code or message, whether or not such voice, sign, signal, writing, figure or code or message has been rearranged, computed or otherwise transformed by any means for emission, transmission or reception, by wire, radio, optical or other electromagnetic systems.

(e) "Authority" means the Nepal Telecommunications Authority established pursuant to Section 3 Added by the Act to Amend Some Nepal Acts Relating to Communication, 2057..

(f) "Chairperson" means the Chairperson of the Authority.

(g) "Member" means a member of the Authority and includes the Chairperson.

(h) "License" means a license granted under Section 24 to operate a telecommunications service.

(i) "Licensee" means a person who has obtained a license to operate a telecommunications service under Section 24.

(j) "Customer" means a person who receives the telecommunications service provided by a licensee.

(k) "Fee" means the charge collected from a customer for providing telecommunications service under this Act.

(l) "Person" includes a body corporate established under the prevailing law.

(m) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules or regulations made under this Act. Chapter - 2
Establishment and Constitution of the Telecommunications Authority

3. Establishment of the Telecommunications Authority: The Nepal Telecommunications Authority is established with the objective of making telecommunications service reliable and universally accessible, and to regulate and systematize such service. 4. Authority to be an Autonomous and Corporate Body: (1) The Authority shall be an autonomous and corporate body with perpetual succession.

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

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

(4) The Authority may sue and be sued in its own name like a person. 5.
Telecommunications Act, 1997

5. Constitution of the Authority: (1) The Authority shall consist of five members including the Chairperson, having qualifications and experience as prescribed in the fields of Amended by the Act to Amend Some Nepal Acts Relating to Communication, 2057. technical and administrative, market management, accounting and auditing or legal, related to telecommunications service.

(2) The Government of Nepal shall constitute a committee including experts from the related field to recommend the appointment of the Chairperson and members of the Authority, and the Government of Nepal shall appoint the Chairperson and members on the recommendation of such committee.

(3) The Authority may, if it deems necessary, invite any expert to participate as an observer in the meeting of the Authority.

(4) An employee designated by the Chairperson from among the senior officer-level employees of the Authority shall act as the Secretary of the Authority. 6. Office of the Authority: (1) The central office of the Authority shall be located in the Kathmandu Valley, and the Authority may also open branch offices within Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066. as required. 7. Meetings and Decisions of the Authority: (1) A meeting of the Authority shall be held as necessary.

(2) A meeting of the Authority shall be held at such place, date and time as designated by the Chairperson.

(3) The meeting of the Authority shall be presided over by the Chairperson, and in the absence of the Chairperson, a member chosen by the members present at the meeting from among themselves shall preside over the meeting.

(4) If more than fifty percent of the total number of members of the Authority are present, the meeting shall be deemed to have constituted a quorum.

(5) The opinion of the majority in a meeting of the Authority shall be deemed to be the decision of the Authority, and in case of a tie, the Chairperson shall have a casting vote.

(6) The decision of a meeting of the Authority shall be certified by the Chairperson, and the Secretary of the Authority shall make such decision available to all members.

(7) Other procedures relating to meetings of the Authority shall be as determined by the Authority itself. 8. Term of Office of Chairperson and Members: (1) The term of office of the Chairperson and Members shall be five years.

(2) If the committee referred to in sub-section (2) of Section 5 finds the work of the Chairperson or Member satisfactory and recommends reappointment, the Government of Nepal may reappoint such person as Chairperson or Member. 9.
Telecommunications Act, 1997

9. Removal of Chairperson or Members from Office: (1) Notwithstanding anything contained in Section 8, the Government of Nepal may remove the Chairperson or a Member from office in the following circumstances:-

(a) If lacking work capacity,
(b) If of bad conduct,
(c) If not honestly performing the official duties,
(d) If mentally unstable or insane, or
(e) If having direct or indirect ownership or private interest in any firm or body corporate operating a telecommunications service or system.

(2) Before removing the Chairperson or a Member from office pursuant to sub-section (1), such person shall be given a reasonable opportunity to present their defense. 10. Vacancy in the Office of Chairperson or Member: The office of the Chairperson or a Member shall be deemed vacant in the following circumstances:-

(a) If written resignation submitted to the Government of Nepal is accepted,
(b) If the term of office expires under Section 8,
(c) If removed from office under Section 9,
(d) If convicted by a court on a criminal charge, or
(e) If deceased,
Added by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.(f) If the age of sixty-six years is completed. 11. Service, Conditions and Other Provisions for the Chairperson: (1) The Chairperson shall be the chief officer of the Authority working full-time.

(2) The remuneration, facilities and other conditions of service, and the duties, responsibilities and powers of the Chairperson shall be as prescribed.

(3) After a person is appointed as Chairperson, the remuneration, facilities and other conditions of service of such person shall not be changed to their detriment.

(4) A member shall receive a meeting allowance as prescribed for participating in the meeting of the Authority. 12. Employees of the Authority: (1) There shall be such number of employees in the Authority as necessary to carry out the work of the Authority.

(2) The appointment, remuneration, facilities and conditions of service of employees under sub-section (1) shall be as prescribed.

(3) Notwithstanding anything contained in sub-section (2), until the appointment of employees of the Authority, the Government of Nepal may, upon the request of the Authority, depute employees of the Government of Nepal or any corporate body to work in the Authority, with salary and allowances payable by the Authority. Chapter - 3
Functions, Duties and Powers of the Authority

13.
Telecommunications Act, 1997

Chapter - 3
Functions, Duties and Powers of the Authority

13. Functions and Duties of the Authority: The functions and duties of the Authority shall be as follows:-

(a) To advise the Government of Nepal on policies, plans and programs to be adopted by the Government of Nepal for the development of telecommunications service.
(b) To make telecommunications service and facilities universally accessible and reliable.
(c) To make necessary provisions to extend basic telecommunications services and facilities to all areas, urban and rural, throughout Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066..
(d) To involve domestic and foreign private sector investors in the operation of telecommunications service.
(e) To make arrangements for coordination and healthy competition among persons providing such services and facilities to make telecommunications service and facilities available to all members of the public.
(f) To prescribe standards, determine quality, and approve telecommunications service and telecommunications-related instruments and equipment.
(g) To regulate and systematize telecommunications service.
(h) To Omitted by the Act to Amend Some Nepal Acts Relating to Communication, 2075. grant licenses to operate telecommunications service.
(i) To approve and regulate the fees charged by a licensee for providing telecommunications service.
(j) To carry out frequency-related work in accordance with the policy determined by the Radio Frequency Policy Determination Committee.
(k) To conduct or cause to be conducted research on the development and use of new technologies in the field of telecommunications.
(l) To develop skilled human resources for the field of telecommunications.
(m) To develop and expand telecommunications service in a manner that protects the rights and interests of consumers.
(n) To develop or cause to develop Nepal as an international transit point in relation to telecommunications.
(o) To carry out other necessary and appropriate work for the development and promotion of telecommunications service. 14. Determination of Quality and Prescribing Standard of Service: (1) The Authority shall determine the quality of telecommunications service and telecommunications-related instruments, equipment and facilities.
(2) The Authority shall prescribe the minimum standard to be maintained by a licensee while operating telecommunications service. 15. Power to Give Orders or Directions: (1) The Authority may, having regard to the policies and directions of the Government of Nepal, give necessary orders or directions to a licensee, and it shall be the duty of the concerned person to comply with such orders or directions.
(2) The Authority may request a licensee to provide details of the work done and the telecommunications service operated, and it shall be the duty of the concerned person to provide such details. 16.
Telecommunications Act, 1997

16. Power to Settle Disputes: (1) The Authority shall have the power to settle disputes between licensees or between a licensee and a customer relating to telecommunications service.
(2) The manner and procedure for settling disputes pursuant to sub-section (1) shall be as prescribed. 17. Inspection and Investigation: (1) The Authority may, at any time if it deems necessary, inspect or investigate the work done or service provided by a licensee.
(2) The Authority may designate any person or body of the Authority for the purpose of inspection or investigation under sub-section (1).
(3) It shall be the duty of the concerned licensee to provide the information or details and documents requested by the Authority or the body or person designated under sub-section (2) in the course of inspection or investigation.
(4) The procedure to be adopted during inspection or investigation under this section, the report thereof, and provisions relating to implementation of the report shall be as prescribed. Chapter - 4
Special Powers of the Government of Nepal

18. Government of Nepal May Itself Operate or Cause to Operate Telecommunications Service: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may itself operate or cause to operate telecommunications service. 19. Special Powers of the Government of Nepal: (1) If an emergency situation arises or if it becomes necessary to prohibit the exchange of messages due to national security or if it is deemed necessary to control the system for exchanging such messages, the Government of Nepal may do the following acts:-

(a) Temporarily take possession of telecommunications lines and telecommunications systems installed, operated or maintained by a licensee,
(b) Order the tapping of messages relating to a particular subject, person or community, the identification of the person sending such message, or the stoppage of transmission of such message.

(2) After the situation under sub-section (1) is over, the Government of Nepal shall return the telecommunications lines and telecommunications systems taken possession of to the concerned licensees. 20. Power to Give Directions: The Government of Nepal may, from time to time, give necessary directions to the Authority concerning the diversification, expansion and regulation of telecommunications service in accordance with the communication policy of the country, and it shall be the duty of the Authority to comply with such directions. Chapter - 5
Provisions Relating to Licenses

21. No Persons Allowed to Operate Telecommunications Service Without a License: After the commencement of this Act, no person shall be allowed to operate telecommunications service without obtaining a license. 22.
Telecommunications Act, 1997

Chapter - 5
Provisions Relating to Licenses

21. No Persons Allowed to Operate Telecommunications Service Without a License: After the commencement of this Act, no person shall be allowed to operate telecommunications service without obtaining a license. 22. Notice Inviting Application for License to be Published: (1) Except for the telecommunications service prescribed pursuant to sub-section (2) of Section 23, before granting a license to operate any other telecommunications service, the Authority shall determine the number of licenses to be granted and the type of telecommunications for such service, and shall publicly publish a notice specifying the time limit for applying for the license.
(2) After a license for a telecommunications service has been granted under sub-section (1), another license for operating the same telecommunications service shall not be granted for five years. Provided that if a licensee fails to provide the telecommunications service as specified in the license, or if based on objective assessment it appears that there is additional need for such telecommunications service, this sub-section shall not prevent the Authority from granting a license to another person. 23. License Application to be Submitted: (1) A qualified person having the capital, technical expertise and professional competence as prescribed, who wishes to operate telecommunications service under this Act, shall submit an application to the Authority within the time limit specified by the Authority under Section 22, stating the matters as prescribed, along with an economic and technical study report and a business operation plan relating to the telecommunications service such person intends to operate.
(2) Notwithstanding anything contained in sub-section (1), an application for a license to operate such telecommunications service as may be prescribed by the Government of Nepal, by notification in the Nepal Gazette, upon the recommendation of the Authority, may be submitted at any time Omitted by the Act to Amend Some Nepal Acts Relating to Communication, 2073..
(3) A person who, prior to the commencement of this Act, has been operating telecommunications service with permission from the Government of Nepal, shall submit an application to the Authority for a license within six months of the commencement of this Act, stating details of the service being operated, and shall obtain a license within one year. 24.
Telecommunications Act, 1997

24. Provisions Relating to License: (1) Upon receipt of an application under Section 23, the Authority shall make necessary inquiries in respect thereof, and if, during such inquiry, it deems necessary to obtain further information or details, the Authority may request the applicant for such further information or details.
(2) If, upon making necessary inquiries under sub-section (1), the Authority deems it appropriate to grant a license, it shall grant a license to the applicant for licenses other than those to be granted under sub-sections (3) and (4), upon collecting the prescribed fee.
(3) If, upon inquiring under sub-section (1), only one person among the applicants under sub-section (1) of Section 23 appears to be qualified to operate such telecommunications service, the Authority shall negotiate with such person and, after determining the license fee, renewal fee and royalty, grant a license to the applicant.
(4) If, upon inquiring under sub-section (1), more than one person among the applicants under sub-section (1) of Section 23 appears to be qualified to operate such telecommunications service, the Authority shall notify all such persons to bid on the license fee, renewal fee and royalty, and shall grant the license to the person making the highest bid.
(5) When granting a license under sub-section (2), it shall be granted within ninety days from the date of receipt of the application or, if additional information or details are requested under sub-section (1), from the date of receipt of such information or details.
(6) When granting a license under sub-section (3) or (4), it shall be granted within one hundred twenty days from the date of expiry of the time limit for submitting applications under sub-section (1) of Section 23 or, if additional information or details are requested under sub-section (1), from the date of receipt of such information or details.
(7) A person who does not receive a license within the time limit specified in sub-section (5) or (6) may lodge a complaint with the Government of Nepal within thirty days after the expiry of such time limit, and the decision made by the Government of Nepal on such complaint shall be final. Added by the Act to Amend Some Nepal Acts Relating to Communication, 2073.24a.