chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
President and Vice-President Election Act, 2017

48. Entry into Place of Counting of Votes: (1) The Election Officer shall not allow entry into the place of counting of votes to any person except the following:-

(a) The candidate or one Election Representative or Counting Representative of the candidate,

(b) Employees engaged in the counting work,

(c) Office bearers or employees deployed by the Commission for monitoring or other purposes,

(d) Observers permitted by the Commission,

(e) Employees deployed for security,

(f) Persons authorized by the Commission or the Election Officer.

(2) Notwithstanding anything contained in Sub-section (1), the Election Officer shall not allow entry into the place of counting of votes to any person carrying any type of weapon, except security personnel deployed for the security of the counting place, or any person who has consumed intoxicating substances.

(3) The Election Officer may order any person obstructing the counting work to leave the place of counting, and the person receiving such an order shall leave the place of counting. A person who disobeys such an order shall be sent out of such place by the security personnel as per the order of the Election Officer. 49. Continuous Counting of Votes: (1) Once the Election Officer commences counting of votes, the counting work shall be carried out continuously until the counting is completed.

(2) If the counting work has to be stopped midway due to a situation beyond control, the Election Officer shall seal the counted ballot papers, counting records, ballot papers remaining to be counted and the inventory of ballot boxes remaining to be counted in separate envelopes, bags or sacks and affix his/her seal. The candidate or his/her Election Representative or Counting Representative may also affix their seals on such envelopes, bags or sacks.

(3) The counting work stopped pursuant to Sub-section (2) shall be recommenced as soon as possible. Notice of such recommencement of counting shall be given to the candidates, their Election Representatives or Counting Representatives present at that place and shall also be published at the place of counting. Provided that the counting work shall not be deemed to be hindered by the non-attendance of any candidate or his/her representative. 50.
President and Vice-President Election Act, 2017

Provided that the counting work shall not be deemed to be hindered by the non-attendance of any candidate or his/her representative. 50. Damage to Ballot Papers Before Completion of Counting: (1) If, before the completion of counting, the ballot papers used at any polling centre, the ballot box containing ballot papers, or the electronic device placed for voting are unlawfully taken away from the control of the Election Officer, opened, damaged, broken, lost or accidentally damaged, the Election Officer shall suspend the counting work and immediately submit a report thereof to the Commission.

(2) Upon receipt of a report pursuant to Sub-section (1), if the Commission deems it necessary to conduct any inquiry into the incident, it may deploy a Commissioner or monitoring team of the Commission for inquiry.

(3) If the Commission, based on the report pursuant to Sub-section (1) or the report of the Commissioner or monitoring team deployed for inquiry pursuant to Sub-section (2), determines that such ballot papers or ballot box were unlawfully taken away from the control of the Election Officer, opened, damaged, broken, lost or accidentally damaged, and that due to that reason the counting cannot be resumed, it shall declare all ballot papers of the polling centres affected by such act as invalid and annul the voting.

(4) In a polling centre where voting has been annulled by the Commission pursuant to Sub-section (3), the Election Officer shall fix a place, date and time for re-voting and publish a notice thereof immediately at the polling centre. 51. Unauthorized Occupation of Counting Place: (1) A counting place shall be deemed to have been unauthorizedly occupied in the following circumstances:-

(a) If any person, by use of force, intimidation or threat, takes possession of the counting place and affects the counting work,

(b) If any person, with or without use of force, prevents the Election Officer or employee deployed for counting work from performing their duty, snatches the ballot papers, ballot boxes, electronic devices used for voting or other materials

(३) उपदफा (२) बमोजिम अदालतको आदेशले खोली हेरिसकेपछि अदालतले ती कागजात वा अभिलेख यथा रूपमा सिलबन्दी गरी राख्नु पर्नेछ । अदालत बाहेक अन्य कुनै अधिकारी वा निकायलाई त्यस्तो बन्दी खाम, थैलो वा बोरा खोली हेर्ने अधिकार हुने छैन । (३) After having opened and inspected pursuant to an order of the court under sub-section (2), the court shall keep such documents or records sealed as they were.
President and Vice-President Election Act, 2017

No authority or body other than the court shall have the right to open and inspect such sealed envelope, bag, or sack.

(४) यस दफामा उल्लिखित कागजात वा अभिलेख मुद्दा परेकोमा मुद्दाको अन्तिम टुङ्गो लागेको मितिले र मुद्दा नपरेकोमा उजुरी गर्ने म्याद भुक्तान भएको मितिले तीन महिनासम्म सुरक्षित राख्नु पर्नेछ । (४) The documents or records referred to in this section shall be kept safe for three months from the date of final disposal of the case, if a case has been filed, and from the date of expiry of the period for filing a complaint, if no case has been filed.

६४. गोपनीयता भङ्ग गर्न नहुने: (१) कानून बमोजिम अधिकार पाएकोमा बाहेक निर्वाचन सम्बन्धी काम गर्न खटिएको कुनै पनि कर्मचारी, उम्मेदवार, निर्वाचन प्रतिनिधि, मतदान प्रतिनिधि, मतगणना प्रतिनिधि वा अन्य कुनै व्यक्तिले मतपत्रमा मतदाताले सङ्केत गरेको मत वा तत्सम्बन्धमा आफूलाई जानकारी रहेको वा हुन आएको अन्य कुनै कुरा कसैलाई भन्न, लेख्न वा कुनै किसिमले प्रकट गर्न वा प्रकाशन गर्न समेत हुँदैन । 64. Not to breach confidentiality: (1) Except for a person authorized by law, no employee, candidate, election representative, polling representative, counting representative, or any other person engaged in election-related work shall tell, write, or in any manner disclose or publish to anyone the vote indicated by a voter on a ballot paper or any other matter related thereto that has come to or is in his knowledge.

(२) यो ऐन वा अन्य प्रचलित कानूनमा जुनसुकै कुरा लेखिएको भए तापनि यस ऐन अन्तर्गत चलेको कानूनी कारबाहीमा कुनै पनि साक्षी वा कुनै व्यक्तिलाई निर्वाचनमा निजले कसलाई मत दिएको हो भनी वा कसले कसलाई मत दिएको हो भनी प्रश्न गरिने छैन । (२) Notwithstanding anything contained in this Act or any other prevailing law, in any legal proceedings under this Act, no witness or any person shall be asked for whom he voted or who voted for whom.

६५. आदेश जारी गर्ने र निर्देशन दिने: (१) यो ऐन र यस ऐन अन्तर्गत बनेको नियममा लेखिएको कुराका अतिरिक्त निर्वाचनको सम्बन्धमा यो ऐन र यस ऐन अन्तर्गत बनेको नियमको अधीनमा रही आयोगले आवश्यक आदेश जारी गर्न सक्नेछ र त्यस्तो आदेश नेपाल राजपत्रमा प्रकाशन गर्नु पर्नेछ । 65.
President and Vice-President Election Act, 2017

To issue orders and give directions: (1) In addition to the matters contained in this Act and the rules made under this Act, the Commission may, subject to this Act and the rules made under this Act, issue necessary orders in relation to the election, and such order shall be published in the Nepal Gazette.

(२) आयोगले निर्वाचन सञ्चालनको लागि निर्वाचनको काममा खटिएका कर्मचारीलाई आवश्यक निर्देशन दिन सक्नेछ । (२) The Commission may give necessary instructions to the employees deployed in election work for the conduct of the election.

(३) यस दफा बमोजिम आयोगले जारी गरेको आदेश र निर्देशन पालना गर्नु नेपाल सरकार, प्रदेश सरकार, स्थानीय तह, सरकारी कार्यालय तथा निकाय, सरकारी, अर्धसरकारी तथा गैरसरकारी संस्था तथा निकाय, राजनीतिक दल, उम्मेदवार, निजको प्रतिनिधि, निर्वाचन सम्बन्धी काम कारबाहीको प्रचार प्रसार गर्ने व्यक्ति तथा निर्वाचनको काममा खटिएका कर्मचारी समेतको कर्तव्य हुनेछ । (३) It shall be the duty of the Government of Nepal, provincial government, local level, government offices and bodies, government, semi-government and non-government organizations and bodies, political parties, candidates, their representatives, persons engaged in publicity of election-related activities, and employees deployed in election work, to comply with the orders and instructions issued by the Commission under this section.

६६. मद्दत लिन सक्ने: (१) निर्वाचन अधिकृत, मतदान अधिकृत वा आयोगले निर्वाचनको काममा खटाएको अनुगमन टोली, पर्यवेक्षक वा अन्य कुनै अधिकृतले निर्वाचनको कामको सिलसिलामा कुनै पनि सरकारी वा सुरक्षा निकायको मद्दत लिन सक्नेछ । 66. May seek assistance: (1) The Election Officer, Polling Officer, or the monitoring team, observer, or any other officer deployed by the Commission in election work may seek assistance from any government or security agency in connection with the election work.

(२) उपदफा (१) बमोजिम मद्दत मागिएमा आवश्यक मद्दत पुर्‍याउनु सम्बन्धित सबैको कर्तव्य हुनेछ । (२) If assistance is requested pursuant to sub-section (1), it shall be the duty of all concerned to provide necessary assistance.

६७. कारबाही गर्न सक्ने: कुनै निर्वाचन अधिकृतले संविधान, कानून, निर्देशिका, कार्यविधि र आयोगले दिएको निर्देशन विपरीत कार्य गरेमा आयोगले त्यस्तो निर्वाचन अधिकृतको नियुक्ति बदर गरी अर्को निर्वाचन अधिकृत नियुक्त गर्न वा विभागीय कारबाहीको लागि सम्बन्धित निकायमा लेखी पठाउन सक्नेछ । 67. May take action: If any Election Officer acts contrary to the Constitution, law, directive, procedure, and instructions given by the Commission, the Commission may annul the appointment of such Election Officer and appoint another Election Officer, or send a letter to the concerned body for departmental action.

६८. नियम बनाउने अधिकार: आयोगले यो ऐन कार्यान्वयनको लागि आवश्यक नियम बनाउन सक्नेछ । 68.
President and Vice-President Election Act, 2017

Power to make rules: The Commission may make necessary rules for the implementation of this Act.

६९. निर्देशिका वा कार्यविधि बनाई लागू गर्न सक्ने: आयोगले यो ऐन वा यस ऐन अन्तर्गत बनेको नियमको अधीनमा रही आवश्यक निर्देशिका वा कार्यविधि बनाई लागू गर्न सक्नेछ । 69. May formulate and implement directives or procedures: The Commission may, subject to this Act or the rules made under this Act, formulate and implement necessary directives or procedures.

अनुसूची
(दफा ५४ सँग सम्बन्धित)

सङ्घीय संसद र प्रदेश सभाका सदस्यको मतभार

Schedule
(Relating to Section 54)

Vote Weight of Members of the Federal Parliament and Provincial Assembly

१. सङ्घीय संसदका सदस्यको मतभार:-
कुल जनसङ्ख्या (पछिल्लो राष्ट्रिय जनगणना अनुसार) :
सङ्घीय संसदका सदस्यको कुल सङ्ख्या
उदाहरणार्थ: संवत् २०६८ को जनगणना अनुसारको कुल जनसङ्ख्याको आधारमा
२,६४,९४,५०४ ÷ १०००
३३४
कायम हुने मतभार: ७९

1. Vote Weight of Members of the Federal Parliament:-
Total population (according to the latest national census) :
Total number of members of the Federal Parliament
For example: Based on the total population according to the census of 2068 BS
26,494,504 ÷ 1000
334
Resulting vote weight: 79

२. प्रदेश सभाका सदस्यको मतभार:-
कुल जनसङ्ख्या (पछिल्लो राष्ट्रिय जनगणना अनुसार) ÷ १०००
प्रदेश सभा सदस्यको कुल सङ्ख्या
उदाहरणार्थ: संवत् २०६८ को जनगणना अनुसारको कुल जनसङ्ख्याको आधारमा
२,६४,९४,५०४ ÷ १०००
५५०
कायम हुने मतभार: ४८

2. Vote Weight of Members of the Provincial Assembly:-
Total population (according to the latest national census) ÷ 1000
Total number of members of the Provincial Assembly
For example: Based on the total population according to the census of 2068 BS
26,494,504 ÷ 1000
550
Resulting vote weight: 48
Consumer Protection Act, 2018

Chapter-2
Provisions Relating to Consumer Protection

3. Rights of Consumers: (1) Every consumer shall have the right to obtain quality goods or services.

(2) Without prejudice to the generality of subsection (1), for the purpose of protecting the rights, interests, and concerns of consumers, every consumer shall have the following rights:

(a) Right to easy access to goods or services,

(b) Right to choose quality goods or services at a clean competitive price,

(c) Right to be informed about the price, quantity, purity, quality, etc. of goods or services,

(d) Right to obtain information from the producer, importer, or seller regarding the quantity, elements, or percentage of substances present in goods made or produced from a mixture of two or more substances,

(e) Right to be protected from the sale and distribution of goods and services that cause harm to the human body, life, health, and property,

(f) Right to initiate appropriate legal action against unfair trade or business practices,

(g) Right to obtain compensation against loss or damage caused by the use of goods or services,

(h) Right to obtain remedy or hearing from the authorized officer or body regarding the protection of consumer rights and interests,

(i) Right to consumer education. 4.
Consumer Protection Act, 2018

4. Regulation of Goods or Services: (1) The Government of Nepal shall regularly regulate the supply, price, quality, weights and measures, labeling, advertising, etc. of goods or services to protect consumer rights.

(2) While regulating pursuant to subsection (1), the Ministry shall perform the following functions:

(a) Implement policies relating to the quality, pricing, and supply management of goods or services,

(b) Prevent and control monopolies or unfair trade practices that adversely affect or may adversely affect consumer rights and interests, or prepare and implement action plans in that regard,

(c) Continuously analyze and review the demand and supply status of goods or services consumed within the country and maintain a clean market,

(d) Make necessary arrangements to prevent and control undue pricing or price increases by producers, sellers, or distributors of goods or services,

(e) Facilitate the supply of food and other goods at fair prices and easily to consumers through entities wholly or partly owned by the Government of Nepal or through private firms or companies,

(f) Prescribe the maximum stock quantity of goods for a specified period under special circumstances or in a particular place,

(g) If there is a shortage of any food item produced within Nepal, determine a certain quantity of such food item, obtain it from the producer at a prescribed price, and sell it to the public,

(h) Make necessary arrangements to regulate wholesale or retail business and generally maintain uniformity in prices,

(i) Coordinate with relevant bodies to prevent artificial shortages of any goods or services and to ensure regular distribution of goods everywhere to protect consumer rights and regulate the supply system,

(j) Regulate the sale and distribution system of goods and control acts of creating shortages inappropriately, black marketing, or unfair trade practices.

(3) The Government of Nepal may, from time to time, make necessary policy and institutional arrangements to protect consumer rights, regulate the supply system, and control the price and quality of goods and services.

(4) Arrangements made pursuant to subsection (3) shall be implemented as prescribed. 5. Quality of Goods or Services: (1) If the quality or standard of an inherent substance in any goods has not been determined, the Government of Nepal shall determine the quality standard of such goods or services after completing the procedure as prescribed.

(2) The Government of Nepal shall publish a notice of the determination of the quality standard of any goods or services pursuant to subsection (1) in the Nepal Gazette. 6.
Consumer Protection Act, 2018

6. Label Required: (1) A producer shall affix a label on the goods produced by him/her.

(2) The label pursuant to subsection (1) shall mention the following matters:

(a) The name, address, and industry registration number of the producer,

(b) In goods such as food items, medicines, and cosmetics, the mixture, ingredients of the mixture, quantity, and weight of such goods,

(c) If the quality of the goods has been determined, the quality of such goods,

(d) The manner of consuming the goods and the negative effects (side effects) that may arise from consuming such goods,

(e) If the goods must be consumed within a certain period, that period,

(f) The sale price of the goods, batch number, and date of production,

(g) If the goods are electronic, hardware, electrical, mechanical, or long-lasting goods, the guarantee or warranty of such goods, the guarantee or warranty date, and other necessary matters as per the law relating to such goods,

(h) In the circumstances mentioned in clause (g), the provision for providing a refund or repairing within a certain period if any defect is found,

(i) If the goods are flammable, hazardous, or easily breakable, details regarding precautions to be taken for the safety of such goods,

(j) The maximum retail price inclusive of all types of taxes applicable to the goods,

(k) If any procedure must be completed before using any goods, such procedure and the loss or damage that may occur from using the goods without completing such procedure,

(l) Use of cautionary messages, pictures, or symbols on labels of substances harmful to human health,

(m) Other matters as prescribed.

(3) The matters to be mentioned on the label pursuant to subsection (2) shall be written in the Nepali or English language by the producer in the case of goods produced within Nepal, and by the importer in the case of imported goods, in a manner understandable to the general public.

(4) Goods not labeled pursuant to subsection (3) shall not be imported, sold, or distributed in Nepal.

(5) Notwithstanding anything contained elsewhere in this section, it shall not be necessary to mention the matters contained in this section when selling consumable goods sold openly, such as vegetables, fruits, etc. Provided that, labels shall be required on imported vegetables and fruits. Chapter-3

Liability of Parties Involved in the Market of Goods or Services

7.
Consumer Protection Act, 2018

Provided that, labels shall be required on imported vegetables and fruits. Chapter-3

Liability of Parties Involved in the Market of Goods or Services

7. Liability of Producer: (1) In addition to the liability to be fulfilled according to the prevailing law while producing goods or services, the producer shall fulfill the following liabilities:

(a) Produce quality goods or services,

(b) Determine the label of the goods,

(c) Mention matters pursuant to Section 6 on the label,

(d) Not produce defective products,

(e) If it comes to knowledge that a defective product produced by him/her exists in the market, collect and destroy such goods,

(f) Provide reasonable compensation for any kind of loss caused to the consumer due to the production of goods or services,

(g) Not make false or misleading advertisements or publicity of goods or services,

(h) Provide information to the consumer about the quantity, elements, or percentage of substances present in goods made or produced from a mixture of two or more substances,

(i) Fulfill other conditions prescribed by law.

(2) If, due to failure to fulfill the liability pursuant to subsection (1) or due to any defect, deficiency (defect) occurring in the course of production, manufacture, processing, design, formula, preparation, import, packaging, labeling of any goods, such goods or services cause loss or damage to the body, life, or property of any person upon consumption, the producer of such goods or services shall be held liable for such loss or damage and shall have the liability to pay compensation accordingly. Provided that,

(a) The person must be the actual producer of the goods or services whose consumption caused the loss or damage,

(b) The direct cause of the loss or damage must be confirmed to have resulted from the consumption or use of that specific goods or services claimed to have caused such loss or damage. 8.
Consumer Protection Act, 2018

8. Liability of Importer: (1) In addition to the liability to be fulfilled according to the law while importing goods, the importer shall fulfill the following liabilities:

(a) Import goods in a manner so that the price does not exceed or differ from the source price,

(b) Provide details of the goods related to the imported goods when requested by the relevant body or officer,

(c) Not import goods that are not allowed to be imported according to the prevailing law,

(d) Fulfill other liabilities as prescribed.

(2) Notwithstanding anything contained in subsection (1), except where otherwise provided according to the quality or nature of any goods, goods that are not fit for consumption or cannot be consumed six months after the date of import, or that cannot be consumed after such period expires, shall not be imported.

(3) If any person imports goods without mentioning the matters required to be mentioned on the label and such use of goods causes loss or damage to any person, the importer shall be held liable for such loss or damage and shall have the liability to pay compensation accordingly. 9. Liability of Transporter: In addition to other liabilities to be fulfilled according to the prevailing law, the transporter shall fulfill the following liabilities:

(a) Transport the goods within the prescribed period according to the nature of the goods being transported,

(b) Not cause deterioration in the quality of goods during transportation,

(c) Fully comply with the protective measures and conditions to be observed as prescribed during transportation,

(d) Provide details of the goods when requested by the relevant body or officer,

(e) Fulfill other liabilities as prescribed. 10. Liability of Warehouser: In addition to the liability to be fulfilled according to the prevailing law, the warehouser storing goods shall fulfill the following liabilities:

(a) Exercise caution according to the nature of the goods while storing them,

(b) Store goods by adopting prescribed protective measures so that the quality does not deteriorate according to the type or nature of the goods, and not do any act that may deteriorate the quality of the goods,

(c) Not alter the label or details of goods mentioned by the producer,

(d) Provide details of the goods related to the storage of goods when requested by the relevant body or officer,

(e) Adopt prescribed protective measures,

(f) Fulfill other liabilities as prescribed. 11.
Consumer Protection Act, 2018

11. Liability of Seller: In addition to other liabilities to be fulfilled according to the law, the seller selling goods shall fulfill the following liabilities:

(a) Sell goods to consumers without discrimination,

(b) Store and sell goods safely so that the quality does not deteriorate according to the type or nature of the goods,

(c) Maintain a price list of goods in a manner clearly visible and understandable to the general public,

(d) Provide details or stock of goods in his/her possession when requested by the relevant body or official,

(e) If there is any provision for guarantee or warranty on the goods, comply with such provision,

(f) Sell goods to the first-come consumer first,

(g) Provide a bill or receipt after selling consumable goods,

(h) Fulfill other liabilities as prescribed. 12. Liability of Service Provider: In addition to other liabilities to be fulfilled according to the law, the service provider providing services to consumers shall fulfill the following liabilities:

(a) Provide services to consumers without discrimination,

(b) Maintain a list of the nature of services provided by him/her and the price to be paid by the consumer for receiving such services in a place visible to all in a clearly understandable manner for the general public,

(c) Provide details and documents related to the services provided by him/her when requested by the relevant body or officer,

(d) Provide services to the first-come consumer first,

(e) Provide a bill or receipt after receiving payment for services provided to the consumer,

(f) Fulfill other liabilities as prescribed. 13. Determination of Market Levels: For the purposes of protecting consumer rights, managing the market according to market rules, and making the market clean and transparent, the market levels involved in delivering prescribed goods or services from the relevant producer or importer to the final consumer shall be as prescribed. 14.
Consumer Protection Act, 2018

Determination of Market Levels: For the purposes of protecting consumer rights, managing the market according to market rules, and making the market clean and transparent, the market levels involved in delivering prescribed goods or services from the relevant producer or importer to the final consumer shall be as prescribed. 14. Goods May Be Returned: (1) If any person wishes to return goods purchased from a seller due to dissatisfaction, he/she may, within seven days, return the goods to the seller or take another similar goods of the same value in exchange for such goods or receive a refund of the amount paid by him/her when purchasing such goods.

(2) While returning goods pursuant to subsection (1), the seller shall not deduct from the price or charge any other kind of additional fee.

(3) While returning goods pursuant to subsection (1), the bill or receipt given by the seller at the time of purchasing such goods must be shown.

(4) Notwithstanding anything contained in subsection (1), goods shall not be returned or exchanged in the following circumstances:

(a) If the purchaser has altered the quality or quantity of such goods after purchase,

(b) If the goods are of a nature that must be consumed within a certain period and such period has expired,

(c) If the goods are of a perishable nature such as milk, fruits, vegetables, fish, meat, etc., that will rot or spoil if not consumed immediately,

(d) If the purchased goods have been used,

(e) If the goods are sealed and the seal has been broken.

(5) Notwithstanding anything contained elsewhere in this section, in the case of sealed goods, if the seal is not broken, such goods may be returned within fifteen days or another similar goods of the same value may be taken in exchange. 15. Bill or Invoice Required to be Kept: (1) Importers, transporters, warehousers, and sellers shall keep with them the production or purchase bill or invoice of goods or services purchased for the purpose of sale.

(2) The bill or invoice pursuant to subsection (1) shall be provided when requested by the relevant officer. Chapter-4

Prohibited Acts

16.
Consumer Protection Act, 2018

17. Not to Adversely Affect Demand, Supply, or Price: (1) No person shall sell, distribute, or Amended by the Act to Amend Some Nepal Acts to Make Them in Conformity with the Constitution of Nepal, 2075. transport any goods by taking a profit higher than the cost incurred in the production, import, transportation, storage, or sale and distribution of any goods and the prescribed amount.

(2) No person shall, in collusion with any person, entity, or others, do any of the following acts to adversely affect the demand, supply, or price of any goods or services:

(a) Determining quotas of raw materials required for the production of any goods, reducing production of any goods, or doing any other similar act,

(b) Hoarding any goods or services or creating artificial shortages in any other manner,

(c) Selling goods or services only at a specified time or place, or doing any other act of a similar nature. 18. Other Acts Not to be Done in Relation to Goods or Services: No person shall do or cause to do any of the following acts in relation to any goods or services:

(a) Knowingly producing, selling, or importing inferior goods,

(b) Selling any goods or services by deceiving or misrepresenting them as another goods or services, or selling low-level goods or services as high-level goods or services,

(c) Producing or selling goods or services that adversely affect the health of the consumer,

(d) Producing, importing, or selling various goods of the same nature, or creating shortages of such goods and affecting the price and supply system through collusion of traders or trade groups,

(e) Operating services by adopting a rotation system, quota system, turn-by-turn system, batch system, or token system through collusion of more than one trader or trade group providing services of the same nature,

(f) Making arrangements that require the purchase of another goods when purchasing one goods. Chapter-5

Provisions Relating to Pricing of Goods or Services

19. List of Essential Food and Other Goods and Services: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, determine from time to time a list of essential food and other goods or services.

(2) The maximum price of essential food and other goods or services shall also be fixed in the list pursuant to subsection (1).

(3) While selling goods or services pursuant to subsection (1), the seller shall not sell or cause to sell at a price higher than the price pursuant to subsection (2). 20.
Consumer Protection Act, 2018

20. Price List and Registration Certificate Required to be Kept: (1) The producer shall clearly mention the factory price of each goods, the seller shall clearly mention the wholesale or retail price of each goods sold or distributed, and the service provider shall clearly mention the price of the service provided, and maintain a price list accordingly.

(2) In the case of an industry producing goods, the certificate of industry registration, and in the case of a business, the business registration, license shall be kept at the sales site in a manner visible to the general public.

(3) The Government of Nepal may establish price information centers as prescribed by publishing a notice in the Nepal Gazette.

(4) The producer located in the concerned district shall mandatorily provide the factory price of goods, and the wholesale or retail trader shall mandatorily provide the wholesale or retail price of the concerned goods to the price information center established pursuant to subsection (3). 21. Arrangement for Determining Price Criteria of Goods or Services: (1) For the protection of consumer rights, the body as prescribed shall prepare the criteria relating to the pricing of goods or services as prescribed.

(2) While preparing the criteria relating to pricing pursuant to subsection (1), the production cost of goods, transportation expenses, customs duties, taxes, fees paid by the importer according to law, and the profit amount that the seller may take not exceeding the prescribed percentage while selling goods, shall be taken as the basis.

(3) While preparing the criteria relating to pricing of any service by the prescribed body pursuant to subsection (1), if any body or officer is designated according to the law regulating the person providing such service or managing the conduct and functions, the criteria shall be prepared according to the criteria determined by such body or officer.

(4) If the body or officer pursuant to subsection (3) is designated but has not determined the criteria, consultation with such body or officer shall be taken while preparing the criteria.

(5) While preparing the criteria relating to pricing pursuant to subsection (1) or (3), the maximum price chargeable for providing such goods or services may be determined differently based on the geographical area, nature of service, and specific location. Chapter-6

Consumer Protection Council

22.
Consumer Protection Act, 2018

Chapter-6

Consumer Protection Council

22. Formation of Consumer Protection Council: (1) A Consumer Protection Council shall be formed for making policies on the protection and enforcement of consumer rights and for doing other functions under this Act.

(2) The Council pursuant to subsection (1) shall consist of the following Chairperson and members:

(a) Minister for Industry, Commerce and Supplies - Chairperson

(b) Secretary, Ministry of Industry, Commerce and Supplies - Member

(c) Secretary, Ministry of Agriculture and Livestock Development - Member

(d) Secretary, Ministry of Land Management, Cooperatives and Poverty Alleviation - Member

(e) Secretary, Ministry of Finance - Member

(f) Secretary, Ministry of Home Affairs - Member

(g) Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member

(h) Secretary, Ministry of Health and Population - Member

(i) President, Federation of Nepalese Chambers of Commerce and Industry - Member

(j) President, Nepal Chamber of Commerce - Member

(k) President, Confederation of Nepalese Industries - Member

(l) President, Nepal National Federation of Industrialists and Businessmen - Member

(m) Two persons, including at least one woman, nominated by the Ministry from among persons who have obtained at least five years of experience in bodies or organizations related to consumer rights and interests - Member

(n) Director General, Department - Member Secretary

(3) The term of office of a nominated member pursuant to clause (d) of subsection (2) shall be two years, and he/she may be re-nominated for one term.

(4) Notwithstanding anything contained in subsection (3), if such member does any act against the rights and interests of consumers or does any act contrary to the functions, duties, and powers of the Council, the Ministry may remove such member from office at any time.

(5) Before removal pursuant to subsection (4), he/she shall be given a reasonable opportunity to present a defense.

(6) The Chairperson and members of the Council shall receive meeting allowance and facilities as prescribed by the Government of Nepal. 23.
Consumer Protection Act, 2018

23. Meeting of the Council: (1) The meeting of the Council shall be held on the date, time, and place specified by the Chairperson.

(2) The meeting of the Council shall be held at least twice a year, and the interval between two meetings shall not exceed six months.

(3) If more than at least fifty percent of the total number of members of the Council are present, the meeting of the Council shall be deemed to have a quorum.

(4) The Chairperson of the Council shall preside over the meeting, and in his/her absence, a member chosen from among the members shall preside over the meeting.

(5) Experts and scientists from various fields and communities may be invited to the meeting as required.

(6) The decision of the Council shall be certified by the Member Secretary of the Council.

(7) Other procedures relating to the meeting of the Council shall be as determined by the Council itself.

(8) The Department shall function as the Secretariat of the Council. 24. Functions, Duties, and Powers of the Council: The functions, duties, and powers of the Council shall be as follows:

(a) Determine policies on matters relating to the protection and exercise of consumer rights, supply management, and pricing and quality of goods or services and submit them to the Government of Nepal,

(b) Give necessary suggestions to the Government of Nepal regarding the amendment, modification of existing policies relating to consumer rights protection, or the formulation of new policies if required,

(c) Disseminate or cause to disseminate information on consumer rights and interests to inform consumers about goods or services,

(d) Inform or cause to inform consumers about the price, quality, quantity, purity of goods or services and unfair trade practices,

(e) Make necessary policy arrangements to include consumer education in the curriculum from secondary level to university level,

(f) Formulate necessary policies to cooperate with national and international associations or organizations related to consumer rights,

(g) Give directives to the provincial government or local level as necessary to protect and promote consumer rights,

(h) Perform other functions as prescribed. Chapter-7

Provisions Relating to Inspection, Examination, and Monitoring

25.
Consumer Protection Act, 2018

Chapter-7

Provisions Relating to Inspection, Examination, and Monitoring

25. Central Market Monitoring Committee: (1) A Central Market Monitoring Committee shall be formed to coordinate among bodies involved in monitoring or supervising the supply system, price, quality, and purity of goods or services for the protection of consumer rights and interests under this Act.

(2) The Central Market Monitoring Committee pursuant to subsection (1) shall consist of the following members:

(a) Secretary, Ministry of Industry, Commerce and Supplies - Coordinator

(b) Joint Secretary, Ministry of Industry, Commerce and Supplies (looking after supplies) - Member

(c) Joint Secretary, Ministry of Home Affairs - Member

(d) Secretary, Ministry of Agriculture and Livestock Development - Member

(e) Secretary, Ministry of Land Management, Cooperatives and Poverty Alleviation - Member

(f) Director General, Department of Food Technology and Quality Control - Member

(g) Director General, Nepal Bureau of Standards and Metrology - Member

(h) Director General, Department of Drug Administration - Member

(i) Director General, Department - Member Secretary

(3) The procedure relating to the meeting of the Central Market Monitoring Committee shall be as prescribed. 26. Functions, Duties, and Powers of the Central Market Monitoring Committee: The functions, duties, and powers of the Central Market Monitoring Committee shall be as follows:

(a) Identify shortages of goods or services seen in the market and take necessary initiatives to make them easily available,

(b) Monitor and supervise the supply system, price, weight, quality, purity, etc. of goods or services in the market,

(c) Recommend the operational procedure for market monitoring, the monitoring team, and the code of conduct for consumer associations and organizations,

(d) Maintain coordination in the functions of market monitoring teams and local monitoring committees,

(e) Give necessary directives to bodies protecting consumer rights and interests and enforcing the law to make market monitoring effective,

(f) Establish a consumer information center,

(g) Form committees or sub-committees as required,

(h) Perform other functions as prescribed. 27. Provincial Market Monitoring Committee: (1) The provincial government may, by publishing a notice in the provincial gazette, form a Provincial Market Monitoring Committee to make necessary arrangements for the protection of consumer rights and interests and to supervise and monitor matters relating to the supply system, price, quality, and purity of goods or services.

(2) The Provincial Market Monitoring Committee pursuant to subsection (1) may form monitoring teams or sub-committees as required.

(3) The functions, duties, and powers of the Provincial Market Monitoring Committee pursuant to subsection (1) shall be as prescribed.

(4) Other provisions relating to the functions and proceedings of the Provincial Market Monitoring Committee pursuant to subsection (1) shall be as per the rules made by the provincial government. 28.
Consumer Protection Act, 2018

28. Local Market Monitoring Committee: (1) The concerned Village Executive or Municipal Executive may form a Local Market Monitoring Committee to conduct on-site supervision and monitoring of the market on matters relating to the supply system, price, quality, and purity of goods or services for the protection of consumer rights under this Act.

(2) The committee pursuant to subsection (1) shall include the required number of representatives from bodies under the local level as well as consumers.

(3) The functions, duties, powers, procedures, and other necessary matters of the Local Market Monitoring Committee formed pursuant to subsection (1) shall be as prescribed.

(4) The Local Market Monitoring Committee formed pursuant to subsection (1) may form market monitoring teams or sub-committees as required. 29. Market Monitoring Team May Be Formed: (1) A market monitoring team, thematic monitoring team, or joint monitoring team, consisting of experts in the relevant field and an inspector, may be formed as prescribed to regularly monitor and inspect the market regarding whether unfair trade practices under Section 16 have occurred or not, whether a price list under Section 20 has been kept or not, and the quality, quantity, or price of goods or services.

(2) The market monitoring team pursuant to subsection (1) may obtain information or make inquiries regarding the quality, quantity, or pricing process of any goods or services.

(3) The market monitoring team pursuant to subsection (1) may, while obtaining information or in the course of inquiry pursuant to subsection (2), ask the relevant producer or seller for necessary documents and evidence, and it shall be the duty of the relevant producer or seller to submit such documents or evidence.

(4) The market monitoring team pursuant to subsection (1) may exercise all powers vested in an Inspector under this Act.

(5) The monitoring team pursuant to subsection (1) shall use the prescribed market monitoring and inspection form while conducting market monitoring and inspection. 30.
Consumer Protection Act, 2018

30. May Conduct Inquiry or Inspection: (1) If there is a reasonable cause to believe that any person is engaging in unfair trade or business practices, is affecting the price or supply system of goods or services by establishing a monopoly in the market or in any other manner, or is producing or selling or distributing inferior goods, or is doing any act contrary to this Act or the Rules made under this Act, or if information regarding such matters is received through any communication medium, any complaint, or any monitoring body, the Ministry or Department may immediately conduct or cause to conduct a necessary inquiry or inspection in relation thereto.

(2) Regarding the inspection or inquiry pursuant to subsection (1), if there is a provision for monitoring and inspection in the prevailing law, it shall be done accordingly, and in other cases, the Ministry may immediately form an inspection or inquiry committee or designate any committee formed under this Act or an Inspector.

(3) Producers, dealers, agents, sellers, persons, or entities found guilty from the inquiry or inspection pursuant to subsection (1) shall be proceeded against according to this Act or the prevailing law.

(4) If the committee or Inspector designated pursuant to subsection (2) finds, while conducting inspection or inquiry, that such act does not fall under this Act, the file of the inquiry or inspection shall be sent to the relevant body for necessary action, and such body shall also inform the body that sent the letter about the action taken in that regard. 31. May Conduct Surprise Inspection: (1) The Department may conduct a surprise inspection of the market for the protection of consumer rights and interests.

(2) Other provisions relating to surprise inspection shall be as prescribed. 32.
Consumer Protection Act, 2018

31. May Conduct Surprise Inspection: (1) The Department may conduct a surprise inspection of the market for the protection of consumer rights and interests.

(2) Other provisions relating to surprise inspection shall be as prescribed. 32. May Appoint or Designate Inspector: (1) To monitor the

(च) If an unfair trade practice under clause (b), (c), (d), (e), (f), (g), (j), (ṭ), (ḍ), (ḍh), (t), or (th) of sub-section (2) of Section 16 is committed or caused to be committed,

(छ) If an act under clause (a) of sub-section (1) or sub-section (2) of Section 17 that adversely affects demand, supply, or price is committed or caused to be committed,

(ज) If an act under clause (b) or (c) of sub-section (2) of Section 17 is committed or caused to be committed,

(झ) If an act contrary to Section 18 is committed or caused to be committed,

(ञ) If goods are sold or caused to be sold at a price higher than that fixed by the Government of Nepal contrary to sub-section (3) of Section 19,

(ट) If an act under sub-section (1) or (2) of Section 20 is not performed,

(ठ) If goods or services are sold or distributed contrary to the standards determined under sub-section (1) of Section 21,

(ड) If assistance is not provided during inquiry, inspection, or monitoring under this Act as per sub-section (2) of Section 54.

३९.
Consumer Protection Act, 2018

Power to impose immediate fine: (1) Notwithstanding anything contained in Section 38, if, during market monitoring, inspection, inquiry, or search, it appears from evidence obtained immediately that the producer, transporter, storer, importer, seller, or service provider of goods has committed any of the following offenses, the Inspection Officer may immediately impose a fine as follows:

(a) For committing or causing to commit an offense under clause (gha) of Section 38, a fine of between five thousand and twenty thousand rupees,

(b) For committing or causing to commit an offense under clause (ṅa) of Section 38, a fine of between two hundred thousand and three hundred thousand rupees,

(c) For committing or causing to commit an offense under clause (ja) of Section 38, a fine of between fifty thousand and one hundred thousand rupees,

(d) For committing or causing to commit an offense under clause (ṭa) of Section 38, a fine of between fifty thousand and one hundred thousand rupees,

(e) For committing an offense under clause (ḍa) of Section 38, a fine of up to twenty thousand rupees.

(2) If an offense under sub-section (1) is repeated, the fine shall be doubled each time.

(3) The Inspection Officer shall, within three days, notify the Department of all details including the reasons for imposing an immediate fine under this section and the amount so fined.

(4) If the producer, transporter, storer, importer, or seller of such goods fails to pay or deposit the fine within seven days from the date of the decision to impose an immediate fine under sub-section (1), the Inspection Officer may take the following actions:

(a) Seal and retain such goods until the amount of the fine is paid or deposited,

(b) Attach other goods produced, transported, stored, imported, or sold by such producer, transporter, storer, importer, or seller until the amount of the fine is paid or deposited.

(5) If any person is aggrieved by an action taken by the Inspection Officer under this section, he/she may file a petition for review before the Director General of the Department within seven days.

(6) Upon receipt of a petition for review against a decision of the Inspection Officer under sub-section (5), the Director General of the Department shall, after making such inquiry as he/she deems necessary, decide on the matter within twenty-one days.

(7) When filing a petition for review, fifty percent of the fine imposed by the Inspection Officer must be deposited as cash security.

(8) The decision of the Director General of the Department on the petition for review shall be final.

(9) Other procedures to be followed by the Inspection Officer in relation to imposing an immediate fine shall be as prescribed.

४०.