chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Companies Act, 2006

183. Investor Protection Fund: (1) If no claim is submitted by any investor to withdraw the amount paid for investment in shares of a company within five years, an Investor Protection Fund shall be established to deposit such amount.

(2) The amount in the fund established pursuant to subsection (1) may be used for improving capital market, investment policy, company law or professional law relating to trade or business, for providing training to employees of the office or company, or for other matters relating to company administration.

(3) The management and operation of the fund established pursuant to subsection (1) shall be as decided by a committee consisting of the Registrar, the Chairperson of the Securities Board or his or her representative, and one representative appointed by the Securities Board from among the institutions operating the securities market.

(4) The office shall maintain records of expenditures made from the fund established pursuant to subsection (1) and shall arrange for an audit.

(5) Amounts received from the Government of Nepal, any donor agency, or any person or body may also be deposited in the fund established pursuant to subsection (1).

(6) If no claim is submitted by any investor pursuant to subsection (1), before depositing such amount into the Investor Protection Fund, a notice shall be published in a national daily newspaper giving a notice period of at least one month to collect such amount. 184. Company's Office: (1) Every company shall, outside its registered office, display a signboard bearing the company's name and address in the Nepali language, visible to all.

(2) Within three months of the incorporation of the company, every company shall register the address of its registered office with the office.

(3) Deleted by the first amendment. (3)

(4) After the company is registered, the company shall provide the office with information of its contact addresses such as telephone, fax, email, etc., and if such address changes, the changed address shall be provided to the office immediately.

(5) The office may prepare a sequential list of the registered office addresses of companies and the addresses pursuant to subsection (4) and keep them open for public inspection. 185.
Companies Act, 2006

185. Appointment of Company Secretary: (1) A company having a paid-up capital of one crore rupees or more shall appoint a Nepali citizen possessing the qualifications mentioned in subsection (2) to the position of company secretary.

(2) A Nepali citizen who has obtained a professional certificate of company secretary from a domestic or foreign body authorized under prevailing law to issue such a professional certificate relating to company secretary and has worked in the relevant field for at least two years, or who has obtained at least a master's degree in law, management, commerce or economics and has worked in the relevant field or in the field of company management for at least three years, may be appointed to the position of company secretary. Provided that, in the case of a company secretary holding office at the time of the commencement of this Act, this provision shall not apply for three years from the date of commencement of this Act.

(3) A director of the concerned company shall not be appointed as secretary of that company.

(4) No person shall be appointed to the position of company secretary of more than one company at the same time. Provided that this provision shall not prevent the company secretary of a holding company from being appointed to the position of company secretary of a subsidiary company of that company.

(5) Where any act is required to be done by or through the company secretary pursuant to this Act, prevailing law, or regulations, and if the position of company secretary in that company is vacant for any reason, or if the incumbent company secretary does not do such act or shows inability to do so, any employee of the company possessing the qualifications required under this Act as specified may act in the capacity of company secretary to perform such act. 186.
Companies Act, 2006

186. Functions, Duties and Powers of Company Secretary: (1) It shall be the duty of the company secretary to implement or cause to be implemented the decisions made by the Board of Directors and the General Meeting and the matters directed by the office or concerned bodies, and to submit reports, documents, decisions, etc., that the company is required to present to the office or any other body under this Act or prevailing law, within the prescribed time limit.

(2) Subject to this Act, the Memorandum and the Articles of Association, the company secretary shall perform the following functions:

(a) to convene meetings of the Board of Directors or General Meetings,

(b) to prepare an agenda of matters to be discussed in meetings of the Board of Directors or General Meetings and send them to the concerned directors or shareholders,

(c) to record, certify, and be responsible for the records of decisions of the Board of Directors or General Meetings,

(d) to send notices of share allotment and calls for installments according to the decision of the Board of Directors,

(e) to maintain, be responsible for, and certify the register of shareholders and the register of shareholders and debenture holders regularly,

(f) to submit to the Board of Directors or the Chief Executive for the registration of pledges, transfers, or cancellations of shares or debentures,

(g) if any matter such as a claim, complaint, grievance, suggestion, or advice of a shareholder or debenture holder is submitted in writing, to forward it to the Board of Directors or the Chief Executive or the office or other bodies, and to provide the outcome of the action taken in that regard in writing to the concerned shareholder or debenture holder,

(h) to perform other functions determined or prescribed as required to be performed by the company secretary under prevailing law.

(3) Except as per the decision of the General Meeting, the company secretary shall not do or cause to be done any act that benefits himself or herself from or through the company.

(4) The company secretary shall comply with the prescribed code of conduct. 184. Validity of Agreement among Shareholders: (1) An agreement made among the shareholders of a company regarding the management, operation, and voting rights of the shareholders shall be binding between them. Provided that if any provision of such an agreement is prejudicial to the interests of the company or its minority shareholders, it shall be void to that extent.

(2) Two copies of the agreement made pursuant to subsection (1) shall be submitted by the concerned shareholders to the company within fifteen days from the date of such agreement.
Postal Act, 1962

Postal Act, 2019

Royal Seal and Publication Date
2019.12.30

Amending Acts

1. Some Nepal Laws (Amendment and Reorganization) Act, 2020 2020.11.16
2. Postal (First Amendment) Act, 2030 2030.12.11
3. Judicial Administration Reform Act, 2031 2031.4.18
4. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
5. Postal (Second Amendment) Act, 2044 2044.7.1
6. Postal (Third Amendment) Act, 2045 2045.7.10
7. Act to Amend Some Nepal Acts Relating to Communications, 2047 2047.7.14
8. Judicial Administration Act, 2048 2048.2.16
9. Postal (Fourth Amendment) Act, 2050 2050.6.27

Ratification and Publication Dates

10. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7
11. Some Nepal Acts Amendment Act, 2072 2072.11.13
12. Act to Amend, Integrate, Adjust and Repeal Some Nepal Laws, 2074 2074.6.30
13. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19

Act No. 50 of the year 2019



An Act Made to Amend and Consolidate the Nepal Laws Relating to Posts

Preamble: Whereas, it is expedient to amend and consolidate the Nepal laws relating to posts to maintain the convenience of the general public,

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act under Article 93 of the Constitution of Nepal. Chapter-1

Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Postal Act, 2019".

(2) This Act shall apply throughout Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and shall also apply to Nepali citizens residing outside Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) Section 31, Section 32 and Chapter 8 shall come into force from the date specified by the Government of Nepal by notification published in the Nepal Gazette, and the other Sections shall come into force immediately. By notification published in the Nepal Gazette dated 2022.12.26, Chapter 8 has been specified to commence from 2023.1.1. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Director General" means the Director General of the Postal Services Department of the Government of Nepal. This term also includes other officials exercising the powers of the Director General of that Department.
Postal Act, 1962

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

(a) "Director General" means the Director General of the Postal Services Department of the Government of Nepal. This term also includes other officials exercising the powers of the Director General of that Department. Amended by the Fourth Amendment.(b) "Regional Director" means the Regional Director of the Regional Postal Directorate, and this term also includes other officials exercising the powers of the Regional Director.

(c) "Postmaster" means the head employee of a post office, and this term also includes other employees exercising the powers of the Postmaster.

(d) "Post Office" means a post office established by the Government of Nepal, and this term also includes any house, building, room, vehicle or place used for the purposes of the post office and any letter box kept by the post office for depositing postal articles.

(e) "Employee of a Post Office" means any person employed in the work of a post office.

(f) "Postal Article" means letters, newspapers, periodicals, book post, sample packets, literature for the blind, parcels, and any article or thing that can be transmitted by post.

(g) "Letter" includes letters, postcards and aerogrammes.

(h) "Inland Postal Article" means a postal article posted within Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for delivery at an address within Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(i) "Mail Bag" includes bags, boxes, parcels or other covers or envelopes in which postal articles are placed for conveyance when transmitted by post.

(j) "Postage" means the postage chargeable on postal articles transmitted by post. Amended by the First Amendment.(k) "Postage Stamp" means a stamp issued by the Government of Nepal to denote postage or any other fee or amount chargeable on a postal article, and this term also includes an impression of a stamp affixed by printing, embossing, impressing or by a franking machine on any envelope, postcard or other article.
Postal Act, 1962

Added by the Second Amendment.(k1) "Postal Offence" means an offence punishable under this Act.

(l) In relation to any postal article, "in the course of transmission by post" means the period from the delivery of the postal article at a post office until it is delivered to the addressee, or returned to the sender, or disposed of under Chapter 7.

(m) In relation to any postal article, "delivery at a post office" means delivery to the person authorized in that behalf for the purpose of posting the postal article.

(n) In relation to any postal article, "delivery to the addressee" means delivery of the postal article at the home or office of the addressee, or to the addressee himself or herself, or to his or her servant or agent, or to any other person deemed by ordinary practice to be authorized to receive delivery of postal articles addressed to the addressee.

(o) "Prescribed" or "as prescribed" means prescribed or as prescribed by rules made under this Act. Chapter -2

Monopoly and Liability

3. Monopoly for Carrying Letters Vested in the Government of Nepal: Within Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., in places where postal arrangements are conducted by the Government of Nepal, except as follows, the Government of Nepal shall have the monopoly for carrying letters and for conducting the business of receiving, collecting, sending, transmitting, delivering letters and other related services for that purpose:

(a) Delivering a letter given by someone to be delivered to another person on the way, during a visit or journey, without taking any kind of wage, reward or profit, to the addressee.

(b) Sending a letter relating only to the business of the sender or addressee through a particular person, and

(c) Delivering a letter sent along with goods by water, land or air, relating only to those goods, without taking any kind of wage, reward or profit. Provided that nothing in this Section shall be deemed to authorize any person to collect letters of the kind mentioned in clauses (a), (b) or (c) for sending by means other than post. Added by the First Amendment.(d) Sending or delivering Air Documents operated by air service. Added by the Fourth Amendment.3a.
Postal Act, 1962

Added by the First Amendment.(d) Sending or delivering Air Documents operated by air service. Added by the Fourth Amendment.3a. License May Be Granted to Private Sector to Operate Postal Service: (1) Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may grant a license to any person or institution to operate postal services conducted under this Act, subject to prescribed conditions.

(2) If a person or institution licensed under sub-section (1) fails to comply with the conditions to be observed, or does or causes to be done any act contrary to this Act or the rules made under this Act, such person or institution shall be liable to compensate for the loss caused and shall be punished with imprisonment for a term up to five years or a fine up to two thousand five hundred rupees or both, depending on the gravity of the offence. 4. Persons Not Allowed to Carry Letters: In places within Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. where postal arrangements are conducted by the Government of Nepal, the owner of a vehicle carrying passengers or goods, or his or her employee or agent, is prohibited from delivering, or taking, collecting, carrying or giving to another any letters other than those relating only to the goods in his or her vehicle, for the purpose of delivery. 5. Government of Nepal Not Liable: Except as otherwise provided elsewhere in this Act, the Government of Nepal shall not be liable for loss, mis-delivery, delayed delivery or damage of postal articles in the course of transmission by post, and an employee of a post office shall also not be liable for the above matters except those caused by fraud or willful negligence. Added by the First Amendment.5a. Mail Transport to be Provided: If the Government of Nepal requests any person or institution operating a public transport service to transport mail, such person or institution shall mandatorily transport such mail, giving higher priority than to passengers or goods, and a reasonable fare shall be paid to the concerned person or institution for such transport. Added by the First Amendment.5b. Ferry Contractor to be Made to Undertake to Ferry Mail Free of Charge: (1) The office or institution authorized to grant ferry contracts under the prevailing Nepal law shall, when granting such contract, require the contractor to make an undertaking to ferry mail relating to the postal arrangements conducted by the Government of Nepal free of charge.

(2) With respect to ferry contracts entered into before the commencement of this Act, the Government of Nepal may make separate arrangements with the contractor to provide for free ferrying of mail.
Postal Act, 1962

Added by the Second Amendment.5c. Timetable to be Followed: A person or institution operating a public transport service authorized to transport mail for transport fare charged by the Government of Nepal or free of charge shall, if a timetable for operating the transport service is prescribed by the Postal Services Department, operate in accordance therewith. Added by the Second Amendment.5d. Special Duty for Transporting Mail: If any difficulty arises in transporting mail according to the prescribed timetable, it shall be the duty of the concerned Amended by the Fourth Amendment. local administration, police and local municipality or Amended by Some Nepal Acts Amendment Act, 2072. rural municipality to provide necessary assistance. Chapter-3

Postage

6. Power to Prescribe Inland Postage: (1) The Government of Nepal may, by notification published in the Nepal Gazette, prescribe the postage and other fees chargeable on all types of postal articles sent by inland post, and may make rules regarding the conditions and restrictions for collecting such postage and fees.

(2) The Government of Nepal may, by notification published in the Nepal Gazette, specify which articles may be sent by inland post. 7. Power to Make Rules Regarding Payment of Postage and Other Fees: The Government of Nepal may make rules to provide for the following matters:

(a) which types of inland postal articles require prepayment of postage and the method thereof,

(b) supplementary postage chargeable on non-payment or short-payment of postage,

(c) where returned to the sender and supplementary fee chargeable therefor,

(d) supplementary fee chargeable for sending postal articles by special post, and

(e) special fee chargeable for sending postal articles by post within the prescribed time or on a public holiday. Explanation: "Special Post" means mail sent by a special postman or special vehicle. Amended by the First Amendment.8. Power of Government of Nepal to Prescribe Foreign Postage: (1) If the Government of Nepal has an agreement with a member state of the Universal Postal Union or any other foreign country for the exchange of postal articles by post, the postage and other fees chargeable for sending postal articles shall be determined on the basis of such agreement, and in the absence of an agreement, for member states on the basis of the Universal Postal Union Convention, and for other foreign countries not being member states on the basis of mutual understanding, and the Government of Nepal may, by notification published in the Nepal Gazette, prescribe them.

(2) The Government of Nepal may make rules regarding the conditions and restrictions for collecting the postage and fees prescribed under sub-section (1). 9.
Postal Act, 1962

9. Postage Payable by Addressee: (1) For a postal article for which postage or fees have not been prepaid or have been short-paid, the addressee taking delivery of such postal article shall pay the postage or other fees. Provided that if such postal article is returned unopened, the addressee shall not be liable to pay. Provided further that if the Controller believes that a postal article was sent without prepaying or with short payment of postage or other fees with a specific malicious intent to harass the addressee, he or she may waive such postage or fees.

(2) If the addressee refuses to pay such postage or fees, or returns the postal article unopened, or dies, or cannot be found, the person sending the postal article shall pay such postage or fees. 10. Recovery of Postage or Other Amounts: If any person refuses to pay any amount due from him or her on account of postage or other fees, the Postmaster may recover such amount by using the procedure and powers applicable for recovering fines imposed under the prevailing Nepal law, and may withhold delivery of other postal articles (other than government articles) addressed to such person until the outstanding amount is paid. 11. Customs Duty Paid by Post Office to be Recovered like Postage: If a post office has paid the customs duty chargeable on any postal article received by post from outside Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., such amount shall be recovered from the concerned person like postage. 12. Post Office Seal to be Evidence: (1) In proceedings for the recovery of postage or other fees claimed to be recoverable under this Act in respect of any postal article:

(a) A document bearing the seal of the post office stating that the addressee refused to accept delivery, or has died, or cannot be found, shall be taken as proof that the contents stated are true.

(b) The person presumed to have sent such article shall, unless the contrary is proved, be deemed to be the sender.

(2) A document bearing the seal of the post office stating the amount of postage or other fees due on any postal article shall be taken as proof that the contents stated are true. Chapter-4

Postage Stamps

13. Power to Make Arrangements for Postage Stamps and Rules Relating Thereto: (1) All powers to make arrangements for and to introduce into circulation postage stamps of various types and values necessary for the purposes of this Act shall vest in the Government of Nepal.
Postal Act, 1962

Chapter-4

Postage Stamps

13. Power to Make Arrangements for Postage Stamps and Rules Relating Thereto: (1) All powers to make arrangements for and to introduce into circulation postage stamps of various types and values necessary for the purposes of this Act shall vest in the Government of Nepal. Amended by the First Amendment.(2) For the purpose of sub-section (1), the Government of Nepal may specifically also make provisions for the following:

(a) Prescribing the selling price of postage stamps,

(b) Specifying the category of postal article for which postage or other fees are to be paid,

(c) Specifying conditions under which postage stamps that are perforated, torn, defaced, or otherwise unfit for use,

(d) Regularizing the custody, sale, distribution and use of postage stamps,

(e) Specifying non-government persons authorized to sell postage stamps and the conditions and restrictions to be observed by them,

(f) Prescribing the duties and remuneration of non-government persons selling postage stamps,

(g) Introducing international reply coupons and prescribing their exchange rate,

(h) Selling stamps received from the United Nations for sale. Chapter-5

Conditions for Transmission of Postal Articles

14. Power to Make Rules Regarding Registered Newspapers and Periodicals: (1) The Government of Nepal may make rules regarding the registration of newspapers and periodicals for transmission by inland post and the fees chargeable for registration.

(2) For the purpose of registration, every publication of the following description, wholly or predominantly consisting of Amended by the First Amendment.current news and other related articles, with or without advertisements, shall be deemed to be a newspaper or periodical:

(a) Published periodically at intervals of 32 days or less, and

(b) Having a genuine list of subscribers.

(3) A supplement or special edition issued on the same date along with a newspaper or periodical shall also be deemed to be an issue of the newspaper or periodical. Provided that if such supplement or special edition does not, like the newspaper or periodical, wholly or predominantly consist of Amended by the First Amendment.current news and other related articles, with or without advertisements, and does not bear the name and date of the newspaper or periodical printed at the head of each page, such supplement or special edition shall not be deemed to be an issue of the newspaper or periodical. Explanation: Nothing contained in this Section or the rules made under this Section shall be deemed to compel newspapers or periodicals to be sent by inland post. 15.
Postal Act, 1962

Explanation: Nothing contained in this Section or the rules made under this Section shall be deemed to compel newspapers or periodicals to be sent by inland post. 15. Return of Postal Articles to Sender: (1) The Government of Nepal may make rules to provide for the return of postal articles in the course of transmission by post to the sender, subject to the consent of the addressee and other prescribed conditions.

(2) No person shall be entitled to demand the return of a postal article after it has been sent by post, except as provided in rules made under sub-section (1). 16. Prohibited Articles for Transmission by Post: (1) The following articles are prohibited from transmission by post:

(a) Explosive, dangerous, repulsive, unhygienic or harmful substances, sharp-edged or pointed weapons without proper packing, or other articles or living things which, by their nature, may cause harm to other postal articles or employees of a post office during transmission,

(b) Postal articles containing obscene, defamatory, indecent, seditious, provocative or peace-disturbing words, signs or shapes,

(c) Newspapers, periodicals, books or other writings whose publication is prohibited by the prevailing Nepal law relating to printing and publishing,

(d) News, periodicals edited, printed or published without complying with the procedures under the prevailing Nepal law relating to printing and publishing,

Added by the First Amendment. (e) Articles prohibited from transmission by post by the country to which they are to be sent,

Amended by the First Amendment. (f) Postal articles prohibited from transmission by post by any other prevailing Nepal law or by rules made under this Act. Added by the Fourth Amendment.16a. Articles Not to be Sent by Ordinary Post: No person shall send cash, cheques, drafts, hundis or other similar articles by ordinary post. If any such article is sent by ordinary post and such article is lost or damaged, the post office shall not be liable therefor. 17.
Postal Act, 1962

Articles Not to be Sent by Ordinary Post: No person shall send cash, cheques, drafts, hundis or other similar articles by ordinary post. If any such article is sent by ordinary post and such article is lost or damaged, the post office shall not be liable therefor. 17. Power to Make Rules Regarding Transmission of Postal Articles: Amended by the First Amendment. (1) The Government of Nepal may make rules regarding the transmission or delivery of postal articles by post.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) Articles prohibited for transmission by post,

(b) Conditions subject to which articles may be transmitted by post,

(c) Detention and disposal of articles transmitted by post contrary to this Act,

(d) Taking or giving receipts or certificates upon posting or delivery of postal articles and the additional fee chargeable for such receipt or certificate,

Amended by the First Amendment. (e) Regularizing the envelopes and covers of postal articles, their format, size, maximum weight and the articles to be enclosed, and regularizing the use of such postal articles,

Added by the First Amendment. (f) Making provisions for post boxes and prescribing the fee for their use,

Added by the First Amendment. (g) Granting the facility of closed mail bags and prescribing the fee therefor,

Added by the Fourth Amendment. (h) Operating domestic and foreign diplomatic mail services.

(3) The time and manner of posting postal articles shall be as prescribed by the Director General by order from time to time. Amended by the Second Amendment.18. Delivery of Postal Articles after Recovering Customs Duty: (1) If a post office suspects that a postal article received from abroad contains any article chargeable with customs duty, it may detain delivery of such postal article.

(2) The Postmaster shall open the postal article detained under sub-section (1) in the presence of the local customs officer, and if any article chargeable with customs duty is found, shall have the customs duty leviable under the prevailing law determined, and shall deliver the postal article after such amount is paid or after a receipt showing payment to the local customs office is presented by the person entitled to delivery by post.
Postal Act, 1962

Added by the Fourth Amendment. (2a) After the Postmaster and the local customs officer have opened the detained goods in the presence of the recipient and determined the customs duty, they shall also sign the post office's account records.

(3) If a postal article chargeable with customs duty cannot be delivered, or if the recipient does not wish to take delivery, or if it is not required to be returned to the sender, or if the recipient does not come to take delivery within forty-five days of notice, the post office shall sell such postal article by auction and credit the proceeds to revenue. Amended by the Second Amendment.19. Action Regarding Goods Prohibited for Export or Import: If there is suspicion that any goods prohibited for export or import, under the prevailing law, into or out of Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. are being exported or imported by post, the officer authorized by the Government of Nepal shall have the power to detain such goods or mail and search or cause to be searched therefor. Such goods prohibited for export or import found upon search shall be handed over to the officer authorized under the prevailing law for necessary legal action. 20. Power to Use for Public Interest: (1) In case of any public emergency or if necessary for public peace and security, the Government of Nepal, or any officer authorized by the Government of Nepal for that purpose, may, by written order, direct the detention or disposal of any particular postal article or any particular class of postal articles in the course of transmission by post, as specified in that order.

(2) If any question arises as to whether any public emergency has occurred or whether any action taken under sub-section (1) is for public peace and security, a certificate given by the Government of Nepal in that regard shall be conclusive. 21.
Postal Act, 1962

21. Power to Deal with Postal Articles Bearing Forged or Used Stamps: Amended by the First Amendment. (1) If any postal article bearing a forged stamp or a stamp that has already been used is received by post, the concerned Postmaster shall fix a date and send a written notice to the addressee, stating that he or she should appear in person or send a representative to the post office to take the article within that period.

(2) If the addressee or his or her representative appears at the post office within the period and agrees to hand over to the Postmaster the part bearing the forged or used stamp and indicating the name and address of the sender, such postal article shall be delivered to the addressee or his or her representative.

(3) If the addressee or his or her representative does not appear within the period, or appears but does not agree to hand over the relevant part of the postal article as required under sub-section (2), such postal article shall not be delivered to the addressee or his or her representative but shall be disposed of in the manner prescribed by the Director General. Explanation: For the purpose of this Section, "Postage Stamp" includes postage stamps of foreign countries. 22. Power to Detain Newspapers, Periodicals and Other Articles: (1) The concerned Amended by the Fourth Amendment. Postmaster shall have the power to detain, in the course of transmission by post, any newspaper, periodical, book or other writing suspected to be prohibited for transmission by post under Section 16.

(2) The concerned Amended by the Fourth Amendment. Postmaster shall hand over the postal article detained under sub-section (1) to the concerned officer designated by the Government of Nepal, and the officer shall give notice of the detention to the addressee.

(3) The officer authorized by the Government of Nepal, upon examination, if it appears that the article contains any newspaper, periodical, book or other writing prohibited as aforesaid, may pass such order as he or she deems fit; and if it does not appear so, and if it is not required to be seized under any other prevailing Nepal law, such postal article shall be released.
Postal Act, 1962

Provided that,

(a) Any person having an interest in the postal article so detained may, within 2 months from the date of detention, submit a petition to the Amended by the Fourth Amendment. officer authorized by the Government of Nepal for the release of such article, and such officer may, after considering the petition, pass such order as he or she deems fit.

(b) If any petition for the release of the detained postal article is rejected, the petitioner may, within 2 months from the date of receipt of the notice of the rejection order, file a petition in the Amended by Some Nepal Acts Amendment Act, 2072. District Court for the release of the postal article, and the petition to the Amended by Some Nepal Acts Amendment Act, 2072. District Court must be based on the ground that the detained postal article did not contain any newspaper, periodical, book or other writing prohibited under Section 16. 23. Repealed by the Judicial Administration Reform (First Amendment) Act, 2033

24. Restriction on Jurisdiction: No question shall be raised in any court in respect of any order passed or action taken under Section 22, except as provided in the proviso clause (b) of sub-section (3) of that Section. Chapter-6

Registration, Insurance and Value-Payable Post

25. Registration of Postal Articles: A person sending postal articles by post may, subject to the provisions contained elsewhere in this Act, have such postal article registered and obtain a receipt therefor. The Government of Nepal may, by notification published in the Nepal Gazette, prescribe the additional fee chargeable for registration over and above the postage chargeable for ordinary post. 26. Power to Make Rules Regarding Registration: (1) The Government of Nepal may make rules regarding the registration of postal articles.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) Matters required to be registered,

(b) Manner of paying the fee for registration, and

(c) Double fee chargeable upon delivery to the addressee or return to the sender of a postal article required to be registered but posted without prepayment of the fee. Added by the First Amendment.(d) The manner of tracing a lost registered article and the amount of compensation payable for such loss.

(3) After postal articles posted for registration have been registered, they shall be delivered to the addressee or returned to the sender at the time and in the manner prescribed by the Director General by order issued from time to time. 27.
Postal Act, 1962

27. Insurance of Postal Articles: The Government of Nepal may, by notification published in the Nepal Gazette from time to time, give directions for the following:

(a) Insurance of postal articles, subject to the provisions contained elsewhere in this Act, at the concerned post office against the risk of loss or damage in the course of transmission by post, and issue of a receipt therefor by the post office to the person posting, and

(b) Additional fee chargeable for insurance as specified in that notification. 28. Power to Make Insurance of Postal Articles Compulsory: The Government of Nepal may, by notification published in the Nepal Gazette from time to time, make insurance compulsory for postal articles specified in that notification, and may direct that if a postal article for which insurance is compulsory is posted without insurance, it shall be delivered to the addressee or returned to the sender only upon charging the special fee specified in that notification. Provided that the Government of Nepal shall not incur any liability in respect of such postal articles by reason of having collected such fee. 29. Power to Make Rules Regarding Insurance: (1) The Government of Nepal may make rules regarding insurance.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) Types of postal articles that may be insured under Section 27,

(b) Maximum amount for which insurance may be taken,

(c) Manner of paying the insurance fee, and

(d) Payment of compensation for insured postal articles.

(3) After postal articles deposited at a post office for insurance have been insured, they shall be delivered and registered at the place, time and in the manner prescribed by the Director General by order issued from time to time. 30. Liability of Government of Nepal in Respect of Insured Postal Articles: Subject to prescribed conditions and restrictions, if an insured postal article or any thing contained therein is lost or damaged in the course of transmission by post, the Government of Nepal shall be liable to pay or cause to be paid compensation to the sender up to the amount for which such postal article was insured, but not exceeding that amount. Provided that in no case shall compensation be paid exceeding the actual value of the lost or damaged article. 31.
Postal Act, 1962

Provided that in no case shall compensation be paid exceeding the actual value of the lost or damaged article. 31. Transmission of Value-Payable Postal Articles: The Government of Nepal may, by notification published in the Nepal Gazette from time to time, make provisions as follows:

(a) Subject to the provisions contained elsewhere in this Act, the person sending a postal article by post may have the amount written on such article collected from the addressee before delivery of the postal article, and the amount so collected shall be paid to the sender, and

(b) The fee payable by the sender therefor. Provided that if the amount of the value-payable article is not recovered from the addressee, the Government of Nepal shall not incur any liability. Postal articles sent under this Section shall be called value-payable postal articles. 32. Power to Make Rules Regarding Value-Payable Postal Articles: (1) The Government of Nepal may make rules regarding the transmission of value-payable postal articles by post.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) Types of postal articles that may be sent as value-payable,

(b) No postal article shall be allowed to be sent as value-payable unless the sender declares that it is being sent under a genuine order,

(c) Maximum amount collectable upon delivery of a value-payable postal article,

(d) Format of the declaration form to be filled by the sender and the time and manner of paying the fee,

(e) Provision for refunding to the addressee any amount collected upon delivery of a value-payable postal article if fraud is discovered in respect of such amount, and

(f) Prescribing the fee for inquiry into complaints regarding delivery of value-payable postal articles or payment of the value thereof.

(3) The name of the post office where a postal article may be posted for sending as value-payable, the time and the procedure to be followed, and the name of the post office for delivery of value-payable postal articles, the time and manner thereof, shall be as prescribed by the Director General by order issued from time to time.

(4) No suit, complaint or legal proceedings shall lie against the Government of Nepal or any employee of a post office in respect of any act done under any rule made under clause (e) of sub-section (2) of this Section, or done in good faith believing it to be done under such rule. 33.
Postal Act, 1962

33. Power to Give Effect to Arrangements with Other Countries: (1) The Government of Nepal may make rules to give effect to any arrangement entered into between Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and other foreign countries, or to the Universal Postal Union Convention, regarding the exchange of postal articles by ordinary post, registered, insured or value-payable post.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) The format of the declaration form to be filled by the sender when posting and by the addressee when taking delivery of postal articles as mentioned in sub-section (1), and the procedure to be followed, and

(b) The fees chargeable for sending postal articles as mentioned in sub-section (1). Chapter- 7

Undelivered Postal Articles

34. Power to Make Rules Regarding Disposal of Undelivered Postal Articles: (1) The Government of Nepal may make rules regarding the disposal of postal articles which, for any reason, cannot be delivered.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may in particular provide for the following:

(a) The period for which undelivered postal articles shall be retained at the post office, and

(b) Publication of lists of undelivered postal articles.

(3) After an undelivered postal article has been retained at the post office for the

46.
Postal Act, 1962

Punishment for Stealing, Misappropriating, Suppressing, Destroying, or Throwing Away Postal Articles, etc.: Amended by the Second Amendment.(1) If an employee of a post office, or a person or entity engaged in mail transport, or any other person, steals, extracts, throws away, misappropriates, destroys, or suppresses for any purpose, or causes damage to, mail, bags, or postal articles, or any goods or articles contained therein, while in the course of dispatch by post, such person shall be liable to recover the value of the loss and shall be punished with imprisonment for a term up to five years Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to fifty thousand rupees, or both.

(2) If an employee assigned to receive postal articles brought for posting at a post office for dispatch by post, in exchange for money, promises to affix stamps on a postal article but fails to do so, thereby misappropriating the money taken, whether within the office or elsewhere, such person shall be liable to make good the amount so misappropriated and shall be punished with Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074.imprisonment for a maximum term of one year or a fine of up to ten thousand rupees, or both. 47. Punishment for Opening, Detaining, Delaying Transport or Delivery of Postal Articles: If a post office employee, contrary to duty, opens or causes to be opened, knowingly detains or causes to be detained, delays the transport or causes to be transported late, or delays the delivery or causes to be delivered late, any postal article while in the course of dispatch by post, such person shall be punished with imprisonment for a maximum term of one year Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to ten thousand rupees, or both. Provided that nothing in this section shall apply to the opening, detention, or delay in transport or delivery of any postal article done under the authority conferred by this Act, or in accordance with a written order of the Government of Nepal, or under the directions of a competent court. 47A. Punishment for Obstruction of Mail Transport: Added by the Second Amendment.If any person obstructs or opposes the transport of mail according to the prescribed schedule, such person shall be liable to a fine of up to two thousand rupees Amended by the Fourth Amendment.. 48.
Postal Act, 1962

47A. Punishment for Obstruction of Mail Transport: Added by the Second Amendment.If any person obstructs or opposes the transport of mail according to the prescribed schedule, such person shall be liable to a fine of up to two thousand rupees Amended by the Fourth Amendment.. 48. Punishment for Overcharging Postage and Counterfeiting Government Stamps: If a post office employee commits any of the following offences, such person shall be punished with imprisonment for a maximum term of one year Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to ten thousand rupees, or both:

(a) Forging a false government stamp on a postal article, or
(b) Fraudulently tampering with, removing, or erasing a government stamp affixed to a postal article, or
(c) Being entrusted with the delivery of a postal article, knowingly demanding or receiving any amount for postage not chargeable under this Act on that article. 49. Punishment for Forging, Tampering with, Suppressing, or Destroying Post Office Documents: Amended by the Fourth Amendment.If any person, by forgery, wrongfully prepares, tampers with, suppresses, or destroys any document, such person shall be punished with imprisonment for a maximum term of two years Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to twenty thousand rupees, or both. 50. Punishment for Fraudulently Sending Unpaid Postal Articles: If a post office employee, with fraudulent intent, dispatches by post or places in a mail bag any postal article on which postage is payable but has not been paid or collected in the manner prescribed under this Act, such person shall be punished with imprisonment for a maximum term of two years Amended by the Act Amending, Consolidating, Adjusting and Repealing Certain Nepal Laws, 2074. or a fine of up to twenty thousand rupees, or both. 51. Punishment for Violating Section 3: (1) If any person commits any of the following offences, such person shall be liable to a fine of up to NRs.
Postal Act, 1962

51. Punishment for Violating Section 3: (1) If any person commits any of the following offences, such person shall be liable to a fine of up to NRs. Twenty-five for each letter involved in the offence:

(a) Conveying a letter within the exclusive privilege of the Government of Nepal under Section 3 by a means other than post, or
(b) Doing any other act connected with the conveyance of any such letter within the exclusive privilege by a means other than post, or
(c) Sending, delivering for sending, or delivering any such letter within the exclusive privilege by a means other than post, or
(d) Collecting letters as described in clauses (a), (b) or (c) of Section 3 for sending by a means other than post.

(2) If any person, after having been convicted of an offence punishable under this section, again commits the same offence, such person shall be liable to a fine of up to NRs. Fifty for each such offence. 52. Punishment for Violating Section 4: (1) If any person, in violation of Section 4, conveys, receives, delivers for sending, or delivers letters, such person shall be liable to a fine of up to NRs. Fifty for each such letter.

(2) If any person, after having been convicted of an offence punishable under this section, repeatedly commits the same offence, such person shall be liable to a fine of up to NRs. Two hundred for each such offence. 53. Punishment for Violating Rules Made under Section 13: (1) If a person appointed to sell postage stamps sells a postage stamp at a price higher than that prescribed by any rule made under clause (a) of sub-section (2) of Section 13, Amended by the Second Amendment.the excess amount so charged shall be recovered from such person, and such person shall be liable to a fine of up to one thousand rupees.

(2) If any person violates any other rule made under Section 13, such person shall be liable to a fine of up to NRs. Two hundred. 54.