chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Kamaiya Labour (Prohibition) Act, 2002

Chapter-5
Welfare Officer and Other Provisions

10. Welfare Officer: The Government of Nepal shall designate an officer-level employee of the Government of Nepal to work as a Welfare Officer for the purpose of doing necessary work relating to the rights and interests of freed Kamaiyas. 11. Functions, duties and powers of the Welfare Officer: The functions, duties and powers of the Welfare Officer shall be as follows:—
(a) To prepare records of freed Kamaiyas,
(b) To do work directed and assigned by the Committee relating to the rights and interests of freed Kamaiyas,
(c) To implement or cause to implement decisions made by the Committee,
(d) To do other work as prescribed. 12. Fund: (1) For the purpose of doing necessary work relating to the rights and interests of freed Kamaiyas, there shall be a Fund, and the Fund shall consist of the following amounts:—
(a) Amount received as grant from the Government of Nepal,
(b) Amount received from foreign individuals, governments or associations and organizations through the Government of Nepal,
(c) Amount received from other sources.

(2) The amount deposited in the Fund shall be deposited by opening an account in any bank.

(3) The operation of the Fund shall be carried out by the Welfare Officer under the direction of the Committee, following the procedure prescribed by the Government of Nepal. 13. Minimum wage rate may be fixed: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, fix the minimum wage rate for agricultural labourers.

(2) No person shall employ an agricultural labourer without paying wages, or by paying wages lower than the minimum wage rate fixed under sub-section (1). 14. Arrangement for residence and employment: The Government of Nepal shall make arrangements for residence, employment and income generation for freed Kamaiyas as prescribed. Chapter-6

Complaint, Penalty and Appeal

15. Complaint may be made: (1) If any person does any act contrary to this Act, the person aggrieved by such act, or a member of his or her family, or an office-bearer of an association, organization or local body may make a written complaint or oral information to the Adjudicating Officer, attaching as far as possible the evidence in his or her possession.

(2) If any person makes oral information under sub-section (1), the Adjudicating Officer shall cause such matter to be prepared in the form of a complaint and obtain the signature of the person giving the information.

(3) Notwithstanding anything contained in the prevailing law, the person making a complaint under sub-section (1) shall not be required to furnish personal bail for release pending trial. 16.
Kamaiya Labour (Prohibition) Act, 2002

16. Penalty: (1) If any person employs any person as a Kamaiya labourer contrary to section 4, the Adjudicating Officer shall fine such person from fifteen thousand rupees to twenty-five thousand rupees and also order the person so employing to pay to the working person double the amount of the minimum wage rate fixed under this Act for each day of such employment.

(2) If any person fails to return property taken as mortgage or security under section 7, the Adjudicating Officer shall fine such person from ten thousand rupees to fifteen thousand rupees and cause such property to be returned to the concerned person.

(3) If any person employs any person without paying wages or by paying less than the minimum wage under section 13, the Adjudicating Officer shall fine such person from one thousand rupees to three thousand rupees and also order the person so employing to pay to the working person double the amount of the minimum wage rate fixed under this Act for each day of such employment.

(4) If any person obstructs or opposes any person in the course of inquiry into any act or action contrary to this Act, the Adjudicating Officer shall fine such person from three thousand rupees to ten thousand rupees.

(5) If any person does any act contrary to this Act or the rules made under this Act other than those mentioned in sub-sections (1), (2), (3) and (4), the Adjudicating Officer shall fine such person from one thousand rupees to three thousand rupees.

(6) If any person knowingly or with intent to cause harm to any person makes a false complaint, the Adjudicating Officer shall fine such person from one thousand rupees to three thousand rupees.

(7) If the person doing an act under sub-sections (1), (2), (3), (4), (5) and (6) holds a public office of profit, or if a person who has already been punished for an act contrary to this Act again commits the same act, the Adjudicating Officer shall impose double the penalty mentioned in that sub-section on such person. 17. Adjudicating Officer: The authority to adjudicate cases under this Act shall be with the Chief District Officer of the concerned district. 18. Appeal: A person dissatisfied with the decision made by the Adjudicating Officer under this Act may file an appeal in the concerned Amended by the Some Nepal Acts Amendment Act, 2072.District Court within thirty-five days. Chapter-7

Miscellaneous

19. Procedure of case: In conducting proceedings and disposing of cases under this Act, the Adjudicating Officer shall follow the procedure under the Special Court Act, 2059. 20.
Kamaiya Labour (Prohibition) Act, 2002

Chapter-7

Miscellaneous

19. Procedure of case: In conducting proceedings and disposing of cases under this Act, the Adjudicating Officer shall follow the procedure under the Special Court Act, 2059. 20. Burden of proof: If a question arises as to whether any deed or agreement was not made for the purpose of giving a Kamaiya debt, the burden of proving that shall lie on the person asserting it. 21. Report to be submitted: (1) The concerned Amended by the Some Nepal Acts Amendment Act, 2072.Rural Municipality or Municipality shall inspect whether any person within its area is employing any person contrary to this Act and shall submit a report with its opinion to the Committee at least once every six months.

(2) The Welfare Officer shall submit a report of the work done by the Committee during the year to the Government of Nepal. 22. Government of Nepal may give direction: The Government of Nepal may give necessary directions to the Committee and the Welfare Officer for the rehabilitation of freed Kamaiyas, and it shall be the duty of the Committee and the Welfare Officer to comply with such directions. 23. Power to make rules: The Government of Nepal may make necessary rules for the purpose of implementing the objectives of this Act.
Bonus Act, 1974

Bonus Act, 2030

Royal Seal and Publication Date
2030.12.11

Amending Acts

1. Bonus (First Amendment) Act, 2034 2034.6.6
2. Bonus (Second Amendment) Act, 2039 2039.7.3
3. Bonus (Third Amendment) Act, 2045 2045.6.26
4. Bonus (Fourth Amendment) Act, 2049 2049.7.21

Authentication and Publication Date
2063.7.17

5. Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2063 2063.7.17
6. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.1.07
7. Act to Amend Some Nepal Acts for Maintaining Gender Equality and Ending Gender Violence, 2072 2072.6.14
8. Act to Amend Some Nepal Acts, 2072 2072.11.13
9. Bonus (Fifth Amendment) Act, 2074 2074.4.29
10. Act to Amend Some Nepal Acts, 2075 2075.11.19

Act No. 20 of the year 2030



An Act Made to Provide for Distribution of Bonus

Preamble: Amended by the Fourth Amendment. Whereas it is desirable to make legal provision regarding distribution of bonus to workers and employees working in establishments,

This Act is enacted by His Majesty King Birendra Bir Bikram Shah Dev with the advice and consent of the National Panchayat. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Bonus Act, 2030".

(2) It shall extend throughout Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066..

(3) This Act shall come into operation in respect of the following establishments, on such date as the Government of Nepal may, by notification in the Nepal Gazette, specify, and in such area as may be specified: This Act is specified to come into operation from the date of 2031.4.7 in the Mechi Zone, Morang, Biratnagar and Sunsari of Koshi Zone, Saptari of Sagarmatha Zone, Bara, Parsa, Rautahat and Makwanpur of Narayani Zone, Dhanusha of Janakpur Zone, Bagmati Zone, Lumbini Zone and Bheri Zone.

(a) in which ten or more persons are employed or were employed on any date within one month prior to the date of commencement of this Act or on the date of such commencement, or

(b) Omitted by the Fourth Amendment

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

(a) Omitted by the Fourth Amendment

Amended by the Fourth Amendment. (b) "Establishment" means an establishment as per clause (ja) of section 2 of Amended by the Act to Amend Some Nepal Acts, 2075.the Labour Act, 2074.
Bonus Act, 1974

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

(a) Omitted by the Fourth Amendment

Amended by the Fourth Amendment. (b) "Establishment" means an establishment as per clause (ja) of section 2 of Amended by the Act to Amend Some Nepal Acts, 2075.the Labour Act, 2074. Added by the First Amendment. (ba) "Establishment owned by the Government of Nepal" means an establishment in which the Government of Nepal holds full or majority shares, and the term also includes an establishment in which such establishment holds full or majority shares.

(c) "Fiscal Year" means, in relation to any establishment, Omitted by the Fourth Amendment for the purpose of final audit of its income and expenditure, a period of one year commencing from any one day of any one year. Provided that, if not so specified, it means a year commencing from Shrawan Sankranti and ending at the end of Ashad. Amended by the Fourth Amendment. (d) "Employee" means a person employed in an establishment for supervisory, administrative, technical or any other work for salary or wages, and the term also includes a worker working in the establishment.

(e) "Salary or Wages" means any kind of remuneration payable in cash to an employee for work done in any establishment, Omitted by the Fourth Amendment

Provided that the term shall not include any other amount receivable by an employee on account of electricity, water, medicine, travel, bonus, provident fund or gratuity Omitted by the Fourth Amendment

Amended by the Fourth Amendment. (ch) "Manager" means a manager as per clause (da) of section 2 of Amended by the Act to Amend Some Nepal Acts, 2075.the Labour Act, 2074.

(cha) "Department of Labour" means the Department of Labour of the Government of Nepal. Amended by the Fourth Amendment. (ja) "Labour Office" means a labour office established by the Government of Nepal. Added by the Fourth Amendment. (jaa) "Labour Court" means the Labour Court constituted under section 151 of Amended by the Act to Amend Some Nepal Acts, 2075.the Labour Act, 2074.

(jha) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. 3. Branch or Sub-branch Deemed Part of Establishment for Purpose of Bonus Calculation: For the purpose of calculating bonus under this Act, any branch or sub-branch of an establishment located in different places shall be deemed to be part of the same establishment. 4.
Bonus Act, 1974

3. Branch or Sub-branch Deemed Part of Establishment for Purpose of Bonus Calculation: For the purpose of calculating bonus under this Act, any branch or sub-branch of an establishment located in different places shall be deemed to be part of the same establishment. 4. Balance Sheet to be Sent to Labour Office: (1) The manager of every establishment shall prepare the balance sheet and profit and loss account of such establishment in accordance with the Companies Act, 2063, and send them to the Labour Office within six months of the end of the fiscal year.

(2) If a complaint is lodged with evidence that the balance sheet and profit and loss account submitted under sub-section (1) are Amended by the First Amendment.false, the Labour Office may exercise all powers regarding the inquiry and investigation of the matter as if it were the concerned department under the Companies Act, 2063. 5. Profit-Making Establishment to Distribute Bonus: (1) Every profit-making establishment shall set aside an amount equal to ten percent of the net profit made in a fiscal year as bonus for employees.

(2) While determining the net profit made by an establishment in any fiscal year under sub-section (1), the following amounts shall also be deducted from the net income determined under section 12 of Amended by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066.the Income Tax Act, 2058: -

(a) Omitted by the Act to Amend Some Nepal Acts, 2075

(b) Omitted by the Second Amendment

(c) The amount of bonus distributed in excess under sub-section (3) of section 11. Amended by the Fifth Amendment. (3) Notwithstanding anything contained in sub-section (1), the percentage of bonus to be set aside from the net profit made in each fiscal year by an establishment owned by the Government of Nepal shall be as prescribed. Added by the Fifth Amendment. (3a) Notwithstanding anything contained in sub-sections (1) and (3), an establishment owned by the Government of Nepal, established for the promotion of any sector without the objective of making profit, shall not be entitled to distribute bonus.
Bonus Act, 1974

Added by the Fifth Amendment. (3a) Notwithstanding anything contained in sub-sections (1) and (3), an establishment owned by the Government of Nepal, established for the promotion of any sector without the objective of making profit, shall not be entitled to distribute bonus. Added by the Fifth Amendment. (3b) Notwithstanding anything contained in sub-sections (1) and (3), an establishment owned by the Government of Nepal may distribute bonus only in the following circumstances: -

(a) The amount recorded as expenditure on an accrual basis must have been paid within the next fiscal year,

(b) The amount for contingent liabilities of each fiscal year must be determined, and the amount so determined must be deposited by creating a separate fund,

(c) If any loan has been taken from the Government of Nepal or with the guarantee of the Government of Nepal, such loan amount must have been repaid in accordance with the payment schedule mentioned in the deed made at the time of taking the loan. Added by the Fifth Amendment. (3c) Matters relating to bonus distribution other than those mentioned in this Act and the rules made under this Act shall be as decided by the Government of Nepal.

(4) Repealed by the Fourth Amendment

6. Condition for Receiving Bonus: (1) An employee who has worked for half of the period required to work in any fiscal year shall be entitled to receive bonus under this Act. Added by the First Amendment. Provided that an employee working casually or on a substitute basis shall not be entitled to bonus.

(2) For the purpose of sub-section (1), the following periods shall also be counted as periods during which the employee worked: -

Amended by the Fourth Amendment. (a) Period of being on reserve under any agreement or under section 15 of Amended by the Act to Amend Some Nepal Acts, 2075.the Labour Act, 2074.

(b) Period of being on any kind of paid leave,

(c) Period of disability due to accident in the course of the establishment's work. 7. Amount Receivable as Bonus and Its Determination: (1) The manager shall determine the percentage of the bonus amount an employee may receive in a fiscal year in accordance with sub-section (2).

(2) While determining the percentage of the bonus amount an employee shall receive under sub-section (1), the amount set aside for bonus distribution for the relevant fiscal year in the establishment shall be multiplied by one hundred, and the resulting figure shall be divided by the total amount of salary or wages received by the employees determined to be entitled to bonus in that fiscal year; the quotient figure shall be deemed to be the bonus percentage.
Bonus Act, 1974

Amended by the Act to Amend Some Nepal Acts, 2075. (3) Notwithstanding anything contained in sub-section (2), the bonus receivable by an employee shall not exceed the following amount: -

(a) For an employee receiving monthly salary or wages up to double the minimum remuneration fixed by the Government of Nepal, an amount equal to eight months' salary or wages,

(b) For an employee receiving salary or wages higher than clause (a), an amount equal to six months' salary or wages. Added by the Fourth Amendment. (4) The minimum bonus amount receivable under clause (b) of sub-section (3) shall not be less than the maximum bonus amount under clause (a)

8. Prohibition on Receiving Bonus: Notwithstanding anything contained in section 6, an employee who has been punished or dismissed from service for doing any of the following acts shall not be entitled to receive bonus under this Act Omitted by the Fourth Amendment

Provided that this section shall not be deemed to have any adverse effect on the bonus payable for the period prior to the act causing such punishment.

(a) Omitted by the Fourth Amendment stealing property of the establishment or causing any damage to such property,

(b) Engaging in an illegal strike or encouraging others to engage in such a strike,

(c) Engaging in a riot or committing an act of indiscipline. 9. Form of Bonus and Period for Distribution: (1) The bonus distributed under this Act shall be given in cash.

(2) Bonus shall be distributed within eight months of the end of the fiscal year.

(3) If a manager submits an Amended by the Fourth Amendment.application to the Labour Office stating the reason for inability to distribute bonus within the period under sub-section (2), and if the reason is found reasonable, the Labour Office may grant approval either by extending the period by a maximum of three months or by allowing the distribution of bonus for two years together in the next fiscal year. 10. Giving Bonus to Representative or Family Members: (1) An employee who is unable to appear personally to receive bonus may give a letter of authority to any person to receive the bonus on his/her behalf.
Bonus Act, 1974

10. Giving Bonus to Representative or Family Members: (1) An employee who is unable to appear personally to receive bonus may give a letter of authority to any person to receive the bonus on his/her behalf. Amended by the Act to Amend Some Nepal Acts for Maintaining Gender Equality and Ending Gender Violence, 2072. (2) If an employee dies, the bonus receivable by him/her shall be received by the person bequeathed by him/her, and if no person has been so bequeathed, or if the bequeathed person has also died before the death of the bequeathing person, then by the heir according to the prevailing law on intestate succession.

(3) A person dissatisfied with the distribution of bonus under sub-section (2) may lodge a complaint in the Amended by the Fourth Amendment.Labour Court within thirty-five days from the date of such distribution, and the decision of such Amended by the Fourth Amendment.Labour Court shall be final. 11. Bonus May be Distributed as Advance: (1) If an establishment is unable to send the balance sheet and profit and loss account within the period under sub-section (1) of section 4, or if bonus cannot be distributed within the period under section 9 due to Amended by the First Amendment.the concerned Labour Office conducting an inquiry and investigation regarding the balance sheet and profit and loss account submitted under sub-section (2) of section 4, the manager of such establishment shall distribute at least five percent bonus as a rough estimate of the net profit likely to accrue.

(2) If the amount of bonus distributed under sub-section (1) is less than the amount determined to be distributed as bonus after the balance sheet and profit and loss account are subsequently prepared or finally settled, the amount of such shortfall shall be distributed again to the employees on a pro-rata basis.

(3) If the bonus distributed under sub-section (2) exceeds the amount determined to be distributed as bonus, the amount of such excess bonus may be recovered in the next fiscal year. 12. Deduction of Bonus: Subject to section 6, an employee who does not work for the full number of days required to work in any fiscal year shall receive the balance amount after deducting a proportionate amount of bonus for the days not worked. Added by the Second Amendment. 12A. Bonus for Period of Illegal Strike: If an employee engages in an illegal strike in a factory or establishment, the bonus for the days of such illegal strike shall be deducted proportionately, and the employee shall receive bonus only for the remaining days. Amended by the Fourth Amendment. 13.
Bonus Act, 1974

12A. Bonus for Period of Illegal Strike: If an employee engages in an illegal strike in a factory or establishment, the bonus for the days of such illegal strike shall be deducted proportionately, and the employee shall receive bonus only for the remaining days. Amended by the Fourth Amendment. 13. Welfare Fund: (1) Out of the amount remaining after distributing bonus from the amount set aside as bonus under section 5, seventy percent shall be deposited in a welfare fund established Amended by the Act to Amend Some Nepal Acts, 2075.under the prevailing law, and the remaining thirty percent shall be deposited in a national-level welfare fund established by the Government of Nepal for the welfare of employees of the establishment. Added by the Fifth Amendment. (1a) Notwithstanding anything contained in sub-section (1), out of the amount remaining after distributing bonus from the amount set aside as bonus under section 5 by an establishment owned by the Government of Nepal, twenty percent shall be deposited in a welfare fund established Amended by the Act to Amend Some Nepal Acts, 2075.under the prevailing law, and the remaining eighty percent shall be deposited in a national-level welfare fund established by the Government of Nepal for the welfare of the establishment.

(2) The operation of the welfare funds under sub-section (1) shall be as prescribed, with the participation of employees. 14. Details to be Sent to Department of Labour: Within seven days of the completion of bonus distribution, the manager of every factory and establishment shall send a statement to the Labour Office in the prescribed format. 15. Maintaining Records and Accounts: Records of bonus distributed under this Act and other related accounts shall be maintained as prescribed. Amended by the Fourth Amendment. 16. Settlement of Bonus-Related Disputes: (1) If any dispute arises between an employee and the manager regarding the bonus to be distributed under this Act, the Labour Office shall resolve such dispute through negotiation involving both parties.

(2) If the dispute cannot be resolved through negotiation under sub-section (1), the Labour Office may require the concerned establishment and employees to submit necessary documents and accounts, and make a decision based thereon.

(3) A party dissatisfied with the decision made by the Labour Office under sub-section (2) may appeal to the Labour Court within 35 days from the date of receipt of notice thereof, and the decision of the Labour Court shall be final. 17. Repealed by the Fourth Amendment

18. Repealed by the Fourth Amendment

19. Repealed by the Fourth Amendment

Amended by the Fourth Amendment. 20.
Bonus Act, 1974

17. Repealed by the Fourth Amendment

18. Repealed by the Fourth Amendment

19. Repealed by the Fourth Amendment

Amended by the Fourth Amendment. 20. Penalty: The Department of Labour may impose a fine of up to five thousand rupees on any person who violates this Act or an order given under the rules made under this Act. Amended by the Fourth Amendment. 21. Appeal: A party dissatisfied with the order imposing a fine under section 20 of this Act may appeal to the Amended by the Act to Amend Some Nepal Acts, 2072.High Court within thirty-five days from the date of receipt of notice thereof. 22. Repealed by the Fourth Amendment

23. Liability of Manager: In respect of any offence punishable under this Act committed by an establishment Omitted by the Fourth Amendment , the person acting as the manager of such establishment Omitted by the Fourth Amendment at the time of the commission of such offence shall be liable to the punishment under this Act. Provided that a manager who proves that such offence was committed without his/her knowledge or consent shall not be liable to punishment under this section. 24. Protection of Acts Done in Good Faith: No legal proceedings shall lie against the Government of Nepal or any employee of the Government of Nepal in respect of any act done or intended to be done in good faith under this Act or the rules made under this Act. 25. Power of Government of Nepal to Remove Difficulties: If any difficulty arises in implementing this Act, the Government of Nepal may, by notification in the Nepal Gazette, issue necessary orders to remove such difficulty, provided that such orders do not adversely affect the purpose of this Act. 26. Repealed by the Fourth Amendment

27. Power to Make Rules: The Government of Nepal may make rules for the purpose of implementing this Act. 28. Saving: Matters provided for in this Act or the rules made under this Act shall be regulated accordingly, and other matters shall be regulated by the prevailing Nepal law.
Nepal Merchant Shipping (Flag) Act, 1970

Nepal's Commercial Water Vessel Flag Act, 2027

Royal Seal and Publication Date
2027.12.30.2

Amending Acts

1. Judicial Administration Reform Act, 2031 2031.4.18.6
2. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
3. Judicial Administration Act, 2048 2048.2.16

Certification and Publication Date

4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066* 2066.1.07
5. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 15 of 2027

An Act Made to Provide for the Flag of Commercial Water Vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Preamble: Whereas it is desirable to establish a flag for commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. in order to provide a stronger foundation and facility for the international trade of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

His Majesty King Mahendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title, Extent, and Commencement: (1) This Act may be called the "NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Commercial Water Vessel Flag Act, 2027".

(2) This ActRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall extend to the whole of Nepal and shall also apply to any water vessel registered or required to be registered under the Water Vessel Registration Act, 2027, wherever it may be, and to the owners, crew, and employees of such water vessel.

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

"Nepal Water Vessel Office" means the Nepal Water Vessel Office established under the Water Vessel Registration Act, 2027. 3. Establishment of Flag: (1) A flag for commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. is established.

(2) The flag under sub-section (1) shall be as specified in the Schedule. 4. Purpose and Privilege of Flag: The flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be the symbol of the nationality of Nepali water vessels, and such flag shall entitle a Nepali water vessel, while in a foreign port or foreign territorial sea, to the privileges and dues conferred by treaty, and while on the high seas, to the right of proper respect. 5.
Nepal Merchant Shipping (Flag) Act, 1970

5. Right and Duty to Use Flag: (1) Every Nepali water vessel registered with the Nepal Water Vessel Office shall have the right and duty to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(2) Such flag shall be hoisted on the flagstaff at the stern of the vessel or on the aft mast.

(3) No Nepali water vessel which is obliged to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. under this Act shall use any flag other than the flag provided as a symbol of nationality. 6. Duties of a Vessel Entitled to Use the Flag: A Nepali water vessel entitled to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall have the following duties:-

(a) to use such flag with devotion and respect,

(b) to use such flag as required by international law, and

(c) to comply with international law while on the high seas, territorial sea, or in a port. 7. Certificate of Right to Use Flag: The certificate of registration of a water vessel or the provisional certificate of Nepali nationality issued by the Nepal Water Vessel Office to a Nepali water vessel shall be the certificate of the right of such water vessel to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. 8. Persons Not Entitled to Use Flag: (1) No water vessel which has not obtained a certificate of registration or a provisional certificate of Nepali nationality from the Nepal Water Vessel Office shall be entitled to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. nor shall it be entitled to the protection of Nepali law.

(2) A water vessel registered in a foreign state or a non-Nepali water vessel shall not be given the right to use the flag of commercial water vessels of NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.. 9. Penalty: (1) Any person or organization violating sub-section (2) or (3) of section 5 or section 6 shall be liable to a fine of up to Rs. 2,000.00.

(2) Any person or organization violating section 8 shall be liable to a fine of up to Rs. 80,000.00 (eighty thousand rupees), or such water vessel may be confiscated, or the responsible person committing such offense may be liable to imprisonment for up to 5 years. 10.
Nepal Merchant Shipping (Flag) Act, 1970

2,000.00.

(2) Any person or organization violating section 8 shall be liable to a fine of up to Rs. 80,000.00 (eighty thousand rupees), or such water vessel may be confiscated, or the responsible person committing such offense may be liable to imprisonment for up to 5 years. 10. Jurisdiction for Trial: (1) Amended by Some Nepal Acts Amendment Act, 2072. The authority for the initial hearing and adjudication of a case under sub-section (1) of section 9 shall be the Registrar of the Nepal Water Vessel Office, and the authority for the initial hearing and adjudication of a case under sub-section (2) of the same section shall be the District Court designated by the Government of Nepal.

(2) While conducting the hearing and adjudication under sub-section (1), the Registrar shall exercise all powers vested in a District Court under the prevailing Nepali law and shall follow the procedure of such Court.

(3) The Registrar may, if deemed necessary, conduct an inquiry himself or by deputing another officer, even outside NepalRemoved by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(4) A party dissatisfied with the decision made by the Registrar under sub-section (1) may appeal to the District Court designated by Amended by Some Nepal Acts Amendment Act, 2072. the Government of Nepal within 35 days. 11. Power to Make Rules: The Government of Nepal may make rules for the purpose of implementing this Act, and such rules shall be deemed to have come into effect upon publication in the Nepal Gazette. Schedule

(Relating to sub-section (2) of section 3)

The flag of commercial water vessels of Nepal The word "Nepal" was added by the first amendment to the Nepal Water Vessel Registration Act, 2027. shall be as follows:-

(a) A rectangular background of sea blue color, the length of which shall be one and a half times the breadth, and on the upper left corner thereof, the national flag shall be inscribed, and in the middle of the right half of the entire area, a red anchor shall be marked.

(b) The national flag shall be inscribed on an area covering two-thirds of the breadth and one-third of the length of the entire area of the commercial water vessel flag.

(c) The anchor shall rest upon an imaginary straight line drawn from the base of the national flag.

(d) The height of the anchor shall be equal to the distance between the points of the two triangles of the inscribed national flag, and its width shall be half of that distance.
Nepal Special Service Act, 1985

NEPAL SPECIAL SERVICE ACT, 2042

Date of Royal Seal and Publication
2042.5.2

Amending Acts

1. Nepal Special Service (First Amendment) Act, 2047 2047.12.29
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
3. Some Nepal Acts Amendment Act, 2075 2075.11.19

Act No. 9 of the year 2042



Act, 2042 made to provide for matters relating to Nepal Special Service

Preamble: Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to make provision for the formation of Nepal Special Service and related service conditions in order to maintain the security,

This Act is enacted by His Majesty King Birendra Bir Bikram Shah Dev on the advice and with the consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be called the "Nepal Special Service Act, 2042".

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

(a) "Service" means the Nepal Special Service formed pursuant to Section 3. Amended by the First Amendment.(b) "Office" means the National Investigation Department established pursuant to Section 4 and the Omitted by the Some Nepal Acts Amendment Act, 2075. office under that Department.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. 3. Formation of Nepal Special Service: (1) The Government of Nepal may form the Nepal Special Service.

(2) The formation of the Nepal Special Service and other procedures relating thereto shall be as prescribed. Amended by the First Amendment.4. Establishment of Office: (1) For the conduct of work relating to the Service, the National Investigation Department shall be established under the Amended by the Some Nepal Acts Amendment Act, 2075.Office of the Prime Minister and Council of Ministers.

(2) Offices Omitted by the Some Nepal Acts Amendment Act, 2075. may be established as necessary under the supervision and control of the National Investigation Department established pursuant to Sub-section (1).

(3) The Nepal Public Relations Head Office and the offices under it established prior to the commencement of this Section shall, after the commencement of this Section, be deemed to have been converted into the National Investigation Department and the offices under it. 5. Functions, Duties and Powers of the Office: The functions, duties, and powers of the Office shall be as prescribed. Added by the First Amendment.5a.
Nepal Special Service Act, 1985

5. Functions, Duties and Powers of the Office: The functions, duties, and powers of the Office shall be as prescribed. Added by the First Amendment.5a. May exercise necessary powers in the course of investigation: (1) The Government of Nepal may assign the National Investigation Department to conduct investigation on matters it deems necessary.

(2) In the course of investigation by the National Investigation Department pursuant to Sub-section (1), the investigating officer may exercise the powers vested in the police pursuant to the Police Act, 2012.

(3) If any irregularity is found from the investigation conducted by the National Investigation Department pursuant to Sub-section (1), the Government of Nepal shall file a case against the concerned person in accordance with the prevailing law. Added by the First Amendment.5b. Obligation to provide assistance: A government office or person shall provide assistance to an employee of the Office carrying an identity card of the Office in work relating to the Office. 6. Appointment and Service Conditions of Employees: The appointment, transfer, promotion, and dismissal of employees of the Service and other conditions of service shall be as prescribed. 7. Saving: (1) Except for cases concerning offenses punishable under Section 9, no agency, authority, or court shall question or summon an employee of the Service or a person assigned to the work of the Service regarding when and to whom the information collected by such employee or person in the course of performing their duty was given, or what kind of information was collected.

(2) No one shall be compelled to produce or disclose confidential documents in the Office in any agency, authority, or court other than an authorized officer. 8. Prohibited Acts: (1) An employee of the Service shall not misuse their position, and other persons assigned to the work of the Service shall not act contrary to their duty.

(2) An employee of the Service or a person assigned to the work of the Service shall not, while in the Service or engaged in the work of the Service, or even after leaving the Service or the work of the Service, breach the confidentiality relating to the work of the Service in any manner. 9. Penalty: An employee of the Service or any person assigned to the work of the Service who acts contrary to this Act shall, depending on the gravity of the offense, be liable to Amended by the First Amendment.imprisonment for up to ten years or a fine of up to ten thousand rupees or both, and if any loss of property has been caused by such offender, that loss shall be recovered by auctioning the movable and immovable property belonging to the share of such person.
Nepal Special Service Act, 1985

If the amount of compensation to be paid cannot be fully recovered from such property, the remaining amount shall be subject to imprisonment as in the case of non-payment of a fine under the prevailing law. 10. Jurisdiction to try cases: (1) The jurisdiction to try cases relating to offenses punishable under this Act shall lie with the court formed or designated by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) While conducting proceedings and adjudicating cases under this Act, the court pursuant to Sub-section (1) shall adopt the procedure according to the Special Court Act, 2059. Provided that, notwithstanding anything contained in Clause (e) of Section 7 of the Special Court Act, 2031, Amended by the Republic Strengthening and Some Nepal Laws (Amendment) Act, 2066. or in any other prevailing Nepal law regarding the detention of an accused under this Act, if there are reasonable grounds to detain the accused for trial, the court may, by recording an order stating such grounds and also any submission made by the government attorney in that regard, detain the accused for trial. No complaint shall be made challenging such detention order on any ground.

(3) An appeal against the judgment or final order of the court pursuant to Sub-section (1) shall lie to the Supreme Court, and such appeal shall be heard and decided by a bench of at least three judges of the Supreme Court. 11. Proceedings to be held in camera: The trial of cases relating to offenses punishable under this Act and the proceedings and decision on appeal shall be held in camera. 12. Power to make Rules: For the purpose of implementing the objectives of this Act, the Government of Nepal may make necessary rules, and such rules shall not be published publicly by the Government of Nepal.
Organized Crime Prevention Act, 2014

Organized Crime Prevention Act, 2070

Certification and Publication Date
2070.12.12

Amending Acts

1. Act Amending Some Nepal Acts, 2072 2072.11.13
2. Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080 2080.12.30

Act Number 12 of the year 2070

Preamble: Whereas, it is desirable to make legal provisions for preventing organized crime to maintain peace and order, to maintain law and order in the country, to investigate such crimes by adopting special techniques, to protect victims and witnesses of organized crime, and for other matters connected therewith, by ensuring the safety of life and property of the general public;

Now, therefore, the Constituent Assembly, in its capacity as the Legislature-Parliament, pursuant to Article 83 of the Interim Constitution of Nepal, 2063, has enacted this Act. Chapter-1
Preliminary

1. Short title, extent and commencement: (1) This Act may be called the "Organized Crime Prevention Act, 2070."

(2) This Act shall apply throughout Nepal and also to any person who, while residing or staying outside Nepal, commits organized crime against Nepal or a Nepali citizen.

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

(a) "Court" means the court hearing a case pursuant to Section 40.

(b) "Investigation Officer" means the officer investigating organized crime.

(c) "Authorized Officer" means the officer or body pursuant to Section 24.

(d) "Criminal Group" means an organized or unorganized group of three or more persons, existing within or outside Nepal, with the objective, directly or indirectly, of committing organized crime referred to in Chapter 2.

(e) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules framed under this Act.

(f) "Review Committee" means the Review Committee pursuant to Section 29.

(g) "Organized Crime" means the offense pursuant to Chapter 2.

(h) "Communication Record" means the act of recording any type of communication that occurs or has occurred via wire, computer, or any electronic medium through electronic or any other device.

(i) "Property" means property, whether physical or non-physical, movable or immovable, tangible or intangible, and the term also includes an object or instrument of any value, any document, certificate or any other instrument establishing a right, interest or title existing or arising over such property. Chapter-2
Provisions Relating to Organized Crime

3.
Organized Crime Prevention Act, 2014

Chapter-2
Provisions Relating to Organized Crime

3. Not to commit organized crime: (1) No person shall commit or cause to be committed organized crime.

(2) For the purpose of subsection (1), if any person knowingly commits a serious crime for the benefit of, under the direction of, on behalf of, in concert with, or as a founding member or a member of a criminal group, he shall be deemed to have committed organized crime.

(3) For the purpose of this Section, the following offenses shall be considered serious crimes:-

(a) An offense punishable with imprisonment for more than three years under the prevailing law,

(b) Any offense pursuant to Chapter 3, and

(c) An offense considered as corruption or money laundering or financial investment in terrorist activities under the prevailing law.

(4) No person shall, knowingly, by doing or omitting to do any act, participate in or assist the activities of a criminal group, or provide communication means or information technology, or provide financial assistance, or provide any means, or give shelter, conceal or help escape a person committing organized crime, in order to commit organized crime or to assist in committing organized crime for any criminal group. 4. Not to prepare, attempt, conspire, abet or be an accessory to organized crime: No person shall prepare, conspire, attempt, abet the commission of organized crime, or be an accessory to such crime. Chapter-3
Provisions Relating to Prohibited Acts and Punishment for Organized Crime

5. Not to establish a criminal group: No person shall establish or operate or cause to be operated a criminal group, or knowingly be a member of a criminal group, or make anyone a member thereof. 6.
Organized Crime Prevention Act, 2014

Chapter-3
Provisions Relating to Prohibited Acts and Punishment for Organized Crime

5. Not to establish a criminal group: No person shall establish or operate or cause to be operated a criminal group, or knowingly be a member of a criminal group, or make anyone a member thereof. 6. Not to obstruct judicial proceedings: (1) No person shall obstruct or cause to be obstructed judicial proceedings by creating hindrance or obstruction in any act done or being done in the course of judicial proceedings relating to organized crime.

(2) For the purpose of subsection (1), if any person commits any of the following acts, he shall be deemed to have obstructed judicial proceedings:-

(a) Presenting someone as a witness to give false evidence regarding the proceedings of the case, or beating or attacking, threatening, intimidating, giving any inducement, undue pressure, or obstructing in any other manner a party, witness, or complainant in the case to give or cause to give false statements or testimony in the proceedings of the case or in the process of evidence collection,

(b) Obstructing any witness from appearing in court or from collecting or presenting evidence in relation to the proceedings of the case, or

(c) Beating or attacking, threatening, intimidating, giving undue inducement to, or obstructing in any manner an official involved in the administration of justice or law enforcement from performing his official duties. 7.
Organized Crime Prevention Act, 2014

7. Not to commit destructive acts: (1) No person shall commit or cause to be committed destructive acts.

(2) For the purpose of subsection (1), if any person commits any of the following acts, he shall be deemed to have committed destructive acts:-

(a) Using any kind of weapons, bombs, explosives, or any other instruments or objects to disrupt the sovereignty, territorial integrity, or security or peace and order of Nepal or any part thereof, or causing damage, destruction, or vandalism to, or planning the same against, a Nepali diplomatic mission abroad or its property, or a foreign mission or the residential office of an international intergovernmental organization located in Nepal or its property, or any public or private infrastructure, structure or development project structure or its premises, or buildings, means, equipment, devices of service providers providing public services to the general public such as educational institutions, health institutions, or transport institutions; or causing death, disability, or injury to persons at such places; or setting fire; or causing death, disability, or other harm to persons by using poisonous substances in daily consumer goods or in public places,

(b) Performing any act of terrorizing the general public by spreading fear and terror in the places of their movement or gathering by committing any act referred to in clause (a),

(c) For the purpose mentioned in clause (a), (b), or (c) [sic], by using or threatening to use substances mentioned in those clauses, or by using or threatening to use any other substances or means without using such substances, committing forced entry or terrorizing someone in any place or any type of vehicle, or kidnapping someone from such place or vehicle, with or without the vehicle, or terrorizing by such act, by threatening to kill, disable, injure, or cause any other type of harm,

(d) For the purpose mentioned in clauses (a), (b), or (c), producing, distributing, storing, transporting, importing or exporting, selling, carrying, or installing any kind of weapons, bombs, explosives, or poisonous substances, or knowingly assisting in such acts,

(e) For the purpose mentioned in clauses (a), (b), (c), or (d), forcibly collecting cash or kind, looting property. 8.