chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

23. Recommendation for Reparation: amended by the Third Amendment.(1) After conducting a preliminary investigation under this Act, the Commission shall as soon as possible recommend to the Government of Nepal to provide psychosocial counseling, interim relief, relief and compensation, rehabilitate, or make other appropriate arrangements for the victim. While recommending the amount of compensation for the loss of property of the victim in such manner, the value of the property at the time of such loss, the period during which the victim is about to receive compensation, and the prevailing market price shall also be taken into consideration.

added by the Third Amendment.(1a) While making a recommendation for reparation pursuant to sub-section (1), the Commission shall ascertain whether the victim has received reparation under this Act and make the recommendation accordingly.

added by the Third Amendment.(1b) While recommending interim relief pursuant to sub-section (1), priority shall be given to victims of rape, sexual violence or torture.

(2) Notwithstanding anything contained in sub-section (1), if the Commission deems appropriate, it may recommend to the Government of Nepal to provide the following facilities or concessions to the victim or, as the case may be, any member of his/her family: –

(a) Free education and health care,

(b) Skill-based training,

(c) Loan facility without interest or at concessional interest,

(d) Arrangement of shelter,

(e) Employment facility,

(f) Other facilities or concessions as the Commission deems appropriate.

added by the Third Amendment.(2a) The Commission shall recommend to the Government of Nepal to conduct or cause to conduct community reparation programs as required, targeting the victim, his/her dependent family members and victims of armed conflict-affected areas.

added by the Third Amendment.(2b) If the victim is not satisfied with the recommendation made by the Commission for reparation pursuant to sub-section (1), (2) or (2a), the victim may file a petition with the Special Court stating the basis and reason therefor.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

If the basis and reason mentioned in the petition filed by the victim appear reasonable, the Special Court may give an appropriate order.

(3) Before recommending the provision of any facility, concession or other appropriate arrangements to the victim under this Section, the Commission shall ascertain the wish or demand of the victim and recommend facilities, concessions and other arrangements according to his/her priority.

(4) amended by the Third Amendment.The basis and criteria for determining the compensation, facility or concession to be provided under this Section shall be as prescribed.

(5) Deleted by the Third Amendment.

(6) In the event of the death of the victim, the compensation, facility or concession that the victim would have received under this Section amended by the Third

(5) Notwithstanding anything written in the prevailing law, a case filed under sub-section (4) shall be deemed to have been filed within the limitation period as per the prevailing law.

(6) While filing a case under this section, the Attorney General or a government attorney authorized by him/her may, taking into account the existence of the situation under sub-section (2) and the circumstances and reasons of the incident and the principles of transitional justice, claim a demand for a sentence of twenty-five percent of the sentence under the prevailing law at that time in matters other than rape or serious sexual violence and in incidents of human rights violation under sub-section (1) of section 25.

(7) If a person holding a public office is in detention or judicial custody upon a case filed under this section, such person shall be deemed to be automatically suspended from office for the duration of such detention or judicial custody. 29A.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

29B. Transfer of Cases: Added by the Third Amendment.(1) At the time of commencement of this section, the Attorney General shall send a letter to the concerned court to transfer to the Special Court any cases, appeals, petitions, and reports relating to human rights violations and serious human rights violations that occurred during the armed conflict and are pending in the District Court or High Court.

(2) Upon receipt of a letter under sub-section (1), the concerned court shall send all original case files related to such cases, appeals, petitions, and reports to the Special Court within twenty-one days.

(3) Within fifteen days from the date of receipt of the original case files under sub-section (2), the Special Court shall conduct an inquiry as to whether they relate to incidents of human rights violations or serious human rights violations during the armed conflict and shall send the original case files to the Commission along with a report containing its opinion.

(4) Upon receipt of the original case files under sub-section (3), the Commission shall conduct an inquiry as to whether they relate to incidents of human rights violations or serious human rights violations and shall submit the original case files and its report to the Special Court as soon as possible.

(5) While conducting an inquiry under sub-section (4), if parties agree to a reconciliation between the perpetrator and the victim or if the victim consents to grant forgiveness regarding an incident of human rights violation under this Act, the Commission shall submit a report stating that fact together with the original case files to the Special Court.

(6) Based on the report received under sub-section (5), for the proceedings relating to the recommendation of reconciliation or forgiveness in such incident under this Act, the Special Court may strike off the record and send the original case files related to such case to the Commission.

(7) If it is not evident from the report under sub-section (4) that such act does not relate to a human rights violation or serious human rights violation, the Special Court shall return the original case files to the concerned court within fifteen days. 29C.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

29C. Right to Submit Application: (1) Before the case is adjudicated by the Special Court, the defendant may submit an application to the Special Court to provide an opportunity to express the truth of the incident referred to in the accusation against him/her, to assist the judicial process, to express remorse for having committed a human rights violation and to pledge not to engage in such acts in the future, or to apologize to the victim.

(2) Upon receipt of an application under sub-section (1), the Special Court shall provide a reasonable opportunity to the person submitting such application. Added by the Third Amendment.29D. Provisions Relating to Punishment: (1) Notwithstanding anything written in the prevailing law, in the case of a person involved in an act of human rights violation or serious human rights violation filed under this Act, the Special Court shall determine the punishment taking into account the circumstances and reasons of such incident and the principles of transitional justice.

(2) While determining punishment under sub-section (1), the following matters shall also be considered:-
(a) The demand claim taken under sub-section (6) of section 29 at the time of filing the case,
(b) Having fully disclosed the true facts and circumstances to the Commission or the Special Court by revealing the truth of the incident to the extent known,
(c) Not having assisted the judicial process by not expressing the truth regarding having committed or being involved in such an act despite being found guilty,
(d) Having expressed remorse for being involved in such an act,
(e) Having apologized to the victim,
(f) Having provided or agreed to provide the amount prescribed by the Commission or the Special Court to the victim as compensation,
(g) Having pledged not to engage in such acts in the future.

(3) Notwithstanding anything written elsewhere in this section, if a case has already been filed in relation to an incident connected with the armed conflict in any court formed under the prevailing law of Nepal at that time and punishment has already been imposed, no case shall be filed under this Act against such person for the same matter and no punishment shall be imposed. Added by the Third Amendment.29E.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Added by the Third Amendment.29E. Right to Appeal: (1) A party dissatisfied with the decision or final order of the Special Court may appeal to the Supreme Court within thirty-five days from the date of such decision or final order.

(2) For the purpose of hearing appeals filed under sub-section (1), there shall be a joint bench relating to transitional justice in the Supreme Court, and for that purpose, the Chief Justice shall prepare a list of judges of the Supreme Court as required and designate a bench from among them.

(3) While conducting the hearing of an appeal under this section, the bench under sub-section (2) shall take into account the accepted principles of transitional justice. 30. Monitoring of Reports Submitted by the Commission: (1) The National Human Rights Commission shall monitor whether the recommendations mentioned in the Commission's report have been implemented or not.

(2) While monitoring under sub-section (1), if it is found that the Ministry has not implemented or caused to implement the recommendations mentioned in the Commission's report, the National Human Rights Commission may draw the attention of the Ministry to implement such recommendations, and the Ministry shall implement or cause to implement the matters thus drawn to its attention as soon as possible. Chapter-5
Miscellaneous

31. Power to Form Sub-Committees or Task Forces: (1) The Commission may, for the smooth conduct of its work, form various sub-committees or task forces as required, incorporating experts from relevant fields.

(2) The functions, duties, powers, procedure, and facilities to be received by members of the sub-committee or task force formed under sub-section (1), and other arrangements, shall be as prescribed by the Commission. Added by the Third Amendment.31A. Units in the Commission: (1) The Commission shall have the following separate units:-
(a) Truth Investigation and Inquiry Unit,
(b) Reparation Unit,
(c) Incident Investigation Unit Relating to Serious Human Rights Violations,
(d) Inquiry Unit for Incidents of Sexual Violence and Rape,
(e) Victim Coordination Unit,
(f) Other units as prescribed.

(2) The functions, duties, and terms of reference of the units under sub-section (1) shall be as prescribed.

(3) In addition to the staff of the Commission, experts on relevant subjects shall also be present in the units under sub-section (1). Added by the Third Amendment.31B. Special Provision Relating to Rights of Victims: In addition to the rights mentioned elsewhere in this Act, the victim shall also have the rights mentioned in Chapter-2 of the Crime Victim Protection Act, 2075. 32.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Added by the Third Amendment.31B. Special Provision Relating to Rights of Victims: In addition to the rights mentioned elsewhere in this Act, the victim shall also have the rights mentioned in Chapter-2 of the Crime Victim Protection Act, 2075. 32. Power to Avail Services of Experts: (1) The Commission may, for performing any work under this Act, avail the services of domestic or foreign experts or specialized bodies in relevant subjects as required.

(2) The appointment, functions, duties, and powers of the experts and specialized bodies providing services under sub-section (1), and the terms and facilities of service, shall be as prescribed by the Commission.

(3) If the Commission requires the service of any body or institution, such body or institution shall, notwithstanding anything written in the prevailing law, make available to the Commission the service requested by the Commission. 33. No Hindrance in Conducting Work: The Commission shall not be hindered in conducting its work solely by reason of the vacancy of the position of any member of the Commission. 34. Delegation of Powers: (1) The Commission may, as required, delegate some of the powers conferred upon it under this Act to the chairperson, a member, the secretary, or a sub-committee or task force formed under section 31.

(2) Notwithstanding anything written in sub-section (1), the power of the Commission relating to making reconciliation or recommending reparation, forgiveness, or action shall not be delegated. 35. Power to Reward a Person Providing Information: The Commission may reward a person, organization, body, or institution that assists the Commission or an investigation officer in discovering the truth in a matter inquired into by the Commission under this Act. 36. Power to Obtain Information, Details, Facts, and Knowledge: If any information, details, facts, or knowledge obtained by any Commission formed under this Act after inquiry is useful to another Commission, such information, details, facts, or knowledge may be obtained from that Commission. 37. Power to Coordinate: While conducting an inquiry under this Act, the Commission may coordinate and work with a commission or body established under the prevailing law or formed by the Government of Nepal that performs similar types of work. Amended by the Third Amendment.38.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

37. Power to Coordinate: While conducting an inquiry under this Act, the Commission may coordinate and work with a commission or body established under the prevailing law or formed by the Government of Nepal that performs similar types of work. Amended by the Third Amendment.38. Term of the Commission: (1) The term of the Commission shall be four years from the date of appointment of the chairperson and members under section 6.

(2) Notwithstanding anything written in sub-section (1), if the work of the peace process cannot be completed by the Commission within the period mentioned in that sub-section, the Government of Nepal may, based on the progress of work, assess the time required to complete the work and extend the term of the Commission.

(3) Notwithstanding anything written in sub-section (1) or (2), if the Commission declares that the work of the peace process has been completed before the said period, the term of the Commission shall be deemed to have ended from that date. 39. Dissolution of the Commission: (1) If the Commission completes its work under this Act or if the term of the Commission expires under section 38, the Commission shall be dissolved.

(2) If the Commission is dissolved under sub-section (1), the property and liabilities in the name of the Commission shall devolve upon the Ministry.

(3) If the Commission is to be dissolved under sub-section (1), the Commission shall hand over the records under its responsibility to the Ministry. 40. No Re-inquiry: No inquiry shall be conducted again by forming a commission on a matter that has already been inquired into by the Commission under this Act. Added by the Third Amendment.40A.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

40. No Re-inquiry: No inquiry shall be conducted again by forming a commission on a matter that has already been inquired into by the Commission under this Act. Added by the Third Amendment.40A. Transfer of Property: (1) Notwithstanding anything written in the prevailing law, if the name of a person who was disappeared during the armed conflict is included in the list of disappeared persons in the records of the Commission for the Investigation of Disappeared Persons and the whereabouts of such person have not been known until the commencement of this section, the claimant may submit an application to the concerned office or body for passing a deed relating to the partition of the share of property in the name of such person or in which such person has an interest, separating the share as per law, dividing the remaining property among the co-sharers, or transferring and registering the property in the name of the claimant.

(2) Upon receipt of an application under sub-section (1), the concerned office or body shall conduct necessary inquiries as to whether the applicant is a claimant of the disappeared person and whether there are any other claimants besides him/her.

(3) While conducting inquiries under sub-section (2), if it appears that the applicant is the only claimant, the share of the property of the disappeared person shall be kept in his/her name and the remaining property shall be transferred to the applicant's name; and if there are other claimants as well, the shares of the disappeared person, the applicant, and other claimants shall be separated, and the property falling to the applicant's share from the name of the disappeared person shall be transferred and registered in the applicant's name.

(4) If there is any amount in a bank account in the name of the disappeared person under sub-section (1), and if such person had willed such amount to someone, it shall be paid to that person; and if there is no such person willed, it shall be paid to his/her claimant by the concerned bank.

(5) If the disappeared person under sub-section (1) had served in any government body, corporation, or institution and has not already received retirement benefits, gratuity, and other service facilities to which he/she is entitled under the law relating to service conditions, such service facilities shall be provided to the claimant of the disappeared person. 41. Oath: Before assuming office, the chairperson shall take an oath in the format as per the Schedule before the Chief Justice, and a member shall take an oath before the chairperson. 42.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

41. Oath: Before assuming office, the chairperson shall take an oath in the format as per the Schedule before the Chief Justice, and a member shall take an oath before the chairperson. 42. Power to Remove Difficulties: (1) If any difficulty arises in the implementation of this Act, the Government of Nepal may, in consultation with the Commission, issue an order to remove the difficulty by publishing a notice in the Nepal Gazette.

(2) An order issued under sub-section (1) shall be submitted to the transformed by the Third Amendment.Federal Parliament within thirty days. 43. Liaison with Government of Nepal: The Commission shall liaise with the Government of Nepal through the Ministry. 44. Power to Make Rules: The Government of Nepal may, in consultation with the Commission, make rules for implementing this Act. Schedule
(Relating to section 41)

Oath

I, , do solemnly promise/swear in the name of God that, remaining loyal to the people of Nepal and the Constitution and the prevailing law, I will honestly and faithfully discharge the responsibilities and duties of the office of Chairperson/Member of the Commission for the Investigation of Disappeared Persons/Truth and Reconciliation Commission that I have assumed, without fear, favor, partiality, malice, or greed, and that I will not disclose any matter that comes to my knowledge in the course of performing my duties, except when required to comply with the prevailing law, whether I remain in office or not. Signature of the person taking oath:
Date:

Signature of the person administering the oath:
Name:
Position:
Date:
Seeds Act, 1988

Seed Act, 2045

Royal Seal and Publication Date
2045.7.10
Certification and Publication Date
2045.10.10

Amending Acts

1. Seed (First Amendment) Act, 2048 2048.10.10
2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
3. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
4. Seed (Second Amendment) Act, 2079 2079.03.24

Act No. 15 of the year 2045



An Act Made to Provide for Seed Related Provisions

Preamble: Whereas, it is desirable to increase the production of various crops by producing, processing and testing high quality seeds, making quality seeds available in a systematic manner, and maintaining the convenience and economic interest of the general public,

Therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be called the "Seed Act, 2045".

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

(2.1) "Seed" means a mature ovule consisting of an embryonic plant, food material and protective covering, or any propagating material that can be used for sowing or planting to produce a crop through sexual or vegetative reproduction. Amended by the Seed (Second Amendment) Act, 2079.(2.2) "Crop" means food grains, vegetables, fruits, pulses, oilseeds, cash crops or fodder crops, and the said word also includes ornamental crops, flowering or non-flowering. Amended by the Seed (Second Amendment) Act, 2079.(2.3) "Agricultural Operation" means the work of producing, collecting, storing and processing crops.

(2.4) "Committee" means the National Seed Committee constituted pursuant to Section 3. Amended by the Seed (First Amendment) Act, 2064.(2.5) "Laboratory" means a seed testing laboratory established pursuant to Section 9. Amended by the Seed (Second Amendment) Act, 2079.(2.6) "Notified Seed" means seed notified or registered pursuant to Section 11.

(2.7) "Container" means a box, tin can, bottle, bag, sack, bin, barrel or other similar vessel used for holding seeds.

(2.8) "Breeder" means a person, institution or body who first breeds or selects a variety of a crop for use. Amended by the Seed (First Amendment) Act, 2064.(2.9) "Kind" means all species and sub-species of any plant known or capable of being known by one name.
Seeds Act, 1988

Amended by the Seed (First Amendment) Act, 2064.(2.9) "Kind" means all species and sub-species of any plant known or capable of being known by one name. Amended by the Seed (First Amendment) Act, 2064.(2.10) "Variety" means a group of plants within the lowest botanical classification, which exhibits similar genetic characteristics, is distinguishable from other groups by at least one characteristic, and whose characteristics do not change upon propagation.

(2.11) "Label" means the details relating to seeds Added by the Seed (First Amendment) Act, 2064. or written Added by the Seed (First Amendment) Act, 2064. on a container so as to be visible.

(2.12) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Added by the Seed (Second Amendment) Act, 2079.(2.13) "Ministry" means the Ministry looking after agricultural matters. Added by the Seed (Second Amendment) Act, 2079.(2.14) "Provincial Ministry" means the Ministry of the provincial government looking after agricultural matters. Added by the Seed (Second Amendment) Act, 2079.(2.15) "Center" means the Seed Quality Control Center. Added by the Seed (Second Amendment) Act, 2079.(2.16) "Provincial Committee" means the Provincial Seed Management Committee pursuant to Section 6A. Added by the Seed (Second Amendment) Act, 2079.(2.17) "Local Level" means a municipality or a rural municipality. Added by the Seed (Second Amendment) Act, 2079.(2.18) "Institution" means an institution established pursuant to prevailing law to carry out seed-related work, and the said word also includes a cooperative institution related to agriculture. 3. Formation of National Seed Committee: 3.1 A National Seed Committee shall be constituted to determine and implement policies relating to seeds and to provide necessary advice to the Government of Nepal on seed-related matters. Amended by the Seed (First Amendment) Act, 2064.3.2 The Committee shall consist of the following Chairperson and members:-

Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.3.2.1 Secretary, Added by the Seed (First Amendment) Act, 2064. Ministry – Chairperson

3.2.2 Director General, Department of Agriculture – Member

Added by the Seed (Second Amendment) Act, 2079.3.2.2A.
Seeds Act, 1988

Ministry – Chairperson

3.2.2 Director General, Department of Agriculture – Member

Added by the Seed (Second Amendment) Act, 2079.3.2.2A. Secretary of the Provincial Ministry concerned with the subject to be discussed in the Committee meeting, from among the Secretaries of Provincial Ministries – Member

3.2.3 Executive Director, Nepal Agricultural Research Council – Member

3.2.4 Managing Director, Agriculture Inputs Company Limited – Member

3.2.5 General Manager, Agricultural Development Bank – Member

Omitted by the Seed (Second Amendment) Act, 2079.3.2.5 (Repealed)

Amended by the Seed (Second Amendment) Act, 2079.3.2.7 Three persons, nominated by the Ministry, including at least one woman, from among subject matter experts related to horticulture, food crops, and forage crop science – Member

Amended by the Seed (Second Amendment) Act, 2079.3.2.8 One seed specialist, at least of Associate Professor level, from the university designated by the Ministry among universities teaching agriculture and animal science – Member

3.2.9 Two persons, including one woman, nominated by the Government of Nepal from among seed entrepreneurs – Member

3.2.10 Two persons, including at least one woman, nominated by the Government of Nepal from among seed producers and farmers – Member

3.2.11 Chief, Seed Quality Control Center – Member-Secretary

Amended by the Seed (First Amendment) Act, 2064.3.3 The term of office of nominated members pursuant to clauses 3.2.7, 3.2.9 and 3.2.10 shall be two years. 3.4 Notwithstanding anything contained in sub-section 3.3, the Government of Nepal may remove a nominated member pursuant to clauses Amended by the Seed (First Amendment) Act, 2064.3.2.7, 3.2.9 and 3.2.10 before the expiry of his/her term. Amended by the Seed (Second Amendment) Act, 2079.3.5 While nominating members pursuant to clauses 3.2.7, 3.2.9 and 3.2.10, it shall be done on the basis of the principle of inclusion. 3.6 The Committee may, if it deems necessary, invite any domestic or foreign expert or advisor to participate as an observer in the Committee meeting. 4. Meeting and Decision of the Committee: 4.1 The meeting of the Committee shall be held on the date, time and place specified by the Chairperson. 4.2 If fifty percent of the total number of members of the Committee are present, the meeting shall be deemed to have a quorum. 4.3 The meeting of the Committee shall be chaired by the Chairperson, and in his/her absence, the members present at the meeting shall elect a member from among themselves to chair the meeting. 4.4 The opinion of the majority shall prevail in the Committee meeting, and in case of a tie, the Chairperson shall exercise a casting vote. 4.5 The decision of the Committee shall be certified by the Member-Secretary. 4.6 Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself.
Seeds Act, 1988

4.5 The decision of the Committee shall be certified by the Member-Secretary. 4.6 Other procedures relating to the meeting of the Committee shall be as determined by the Committee itself. 5. Functions, Duties and Powers of the Committee: 5.1 To advise the Government of Nepal on the formulation of national policy relating to seeds. Amended by the Seed (Second Amendment) Act, 2079.5.2 To maintain coordination between the provincial government, local level and the private sector in seed production, processing, storage, packaging and distribution activities, and to bring uniformity in seed quality control and standard determination. 5.3 To encourage the private sector to invest in the seed industry. Amended by the Seed (First Amendment) Act, 2064.5.4 To regularly monitor and control the quality of seeds produced within Nepal or imported from abroad for sale and distribution. 5.5 To approve, release and register new varieties of seeds as prescribed. 5.6 To conduct Distinctness, Uniformity and Stability (DUS) testing of new seed varieties and grant proprietary rights to the breeder as prescribed. 5.7 To determine seed quality. 5.8 To approve seed quality standards determined by domestic or foreign bodies as necessary. Added by the Seed (First Amendment) Act, 2064.5.8A To advise the Government of Nepal on seed related service fees,

Added by the Seed (First Amendment) Act, 2064.5.8B To recommend to the Government of Nepal or the Provincial Government regarding the notification or registration of kinds and Amended by the Seed (Second Amendment) Act, 2079. varieties of crops,

Added by the Seed (Second Amendment) Act, 2079.5.8C To revoke the license of a laboratory if it is found to be operating without renewal of the license,

Added by the Seed (First Amendment) Act, 2064.5.8D To conduct examinations for granting permission to work as a Crop Inspector, Seed Sampler and Seed Analyst. Added by the Seed (Second Amendment) Act, 2079.5.8E To send written communications of the Committee's decisions to the Provincial Ministry, Provincial Seed Committee, Seed Testing Laboratory and other related bodies,

Added by the Seed (Second Amendment) Act, 2079.5.8F To provide necessary advice if sought by the Provincial Seed Committee or Local Seed Management Committee on seed matters,

Added by the Seed (Second Amendment) Act, 2079.5.8G To identify traditionally used and endangered varieties of seeds at the national and provincial level and carry out necessary technical and policy work for their conservation by establishing a gene bank at the national level and community seed banks at the provincial level,

5.9 To carry out other necessary work related to seeds. 6.
Seeds Act, 1988

6. May Constitute Sub-Committees:

6.1 The Committee may constitute various sub-committees as required for the purpose of smoothly conducting the production, Amended by the Seed (Second Amendment) Act, 2079. processing, storage and sale and distribution of seeds and making quality seeds available. 6.2 The functions, duties and powers of the sub-committees and their meeting procedures shall be as prescribed. Added by the Seed (Second Amendment) Act, 2079.6A. Formation of Provincial Seed Committee:

6A.1 The provincial government may form a Provincial Seed Committee to determine and implement policies relating to seeds in the province and to provide necessary advice on seed matters. 6A.2 The formation, functions, duties and powers of the Committee formed pursuant to sub-section 6A.1 shall be in accordance with provincial law. Added by the Seed (Second Amendment) Act, 2079.6B. May Form Local Seed Management Committee: A Local Seed Management Committee may be formed in accordance with provisions in local law for the production, conservation and promotion of seeds produced within its area at the local level, and to advise farmers in that regard. Amended by the Seed (First Amendment) Act, 2064.7. Establishment of Seed Quality Control Center: The Government of Nepal may, by a notification published in the Nepal Gazette, establish a Seed Quality Control Center to carry out seed quality control functions and to act as the secretariat of the Committee. Amended by the Seed (First Amendment) Act, 2064.8. Functions, Duties and Powers of Seed Quality Control Center:

8.1 Added by the Seed (First Amendment) Act, 2064.The functions, duties and powers of the Seed Quality Control Center shall be as follows:-

8.1.1 To prepare necessary infrastructure relating to seed Added by the Seed (First Amendment) Act, 2064. quality control and certification and submit it to the Committee. 8.1.2 To certify seeds according to the methods, standards and criteria approved by the Committee and issue certificates as required. 8.1.3 To monitor whether a person or institution licensed pursuant to sub-section 9.4 is working in accordance with the conditions. 8.2 Amended by the Seed (First Amendment) Act, 2064.Other functions, duties and powers of the Seed Quality Control Center and the procedures to be adopted by such Amended by the Seed (First Amendment) Act, 2064. Center while conducting seed quality control and certification shall be as prescribed. Amended by the Seed (Second Amendment) Act, 2079.9. Establishment of Seed Testing Laboratory:

9.1 The Government of Nepal shall establish a Seed Testing Laboratory for testing seeds and other related functions. 9.2 The Provincial Ministry or the local level or any person or private association/institution may establish a Seed Testing Laboratory in accordance with the relevant provincial law, subject to the standards prescribed by the Ministry, for testing seeds and other related functions.
Seeds Act, 1988

9.2 The Provincial Ministry or the local level or any person or private association/institution may establish a Seed Testing Laboratory in accordance with the relevant provincial law, subject to the standards prescribed by the Ministry, for testing seeds and other related functions. 9.3 Technical supervision and control of laboratories established pursuant to sub-sections 9.1 and 9.2 shall be by the Committee. 10. Functions, Duties and Powers of Laboratory: The functions, duties and powers of a laboratory shall be as prescribed. Amended by the Seed (Second Amendment) Act, 2079.10A. Renewal:

10A.1 A laboratory established pursuant to Section 9 shall, each year, have a technical audit conducted by the Committee and renew its license. 10A.2 If the license is not renewed each year pursuant to sub-section 10A.1, or if the technical audit finds that the prescribed standards are not met, the license of such laboratory shall be automatically revoked. Amended by the Seed (Second Amendment) Act, 2079.11. Power to Notify or Register Kinds or Varieties of Seeds:

11.1 If the Ministry deems it necessary to regulate and control the quality of any kind or variety of seed used for agricultural operations, it may, after consulting the Committee, by a notification published in the Nepal Gazette, designate kinds or varieties of seeds released in Nepal as Notified Seeds. 11.2 If the Ministry deems it necessary to regulate and control the quality of any kind or variety of imported or local variety seeds used for agricultural operations, it may, pursuant to a decision of the Committee, register and designate such kinds or varieties of seeds as Registered Seeds. Notice of such registration of seeds shall be published through the website of the Ministry and the Committee and other appropriate means. 11.3 If the Provincial Ministry wishes to notify seeds of kinds or varieties released in Nepal suitable for its area, or to register local variety seeds other than imported ones, it may, upon completing the prescribed standards and procedures and on the recommendation of the Provincial Committee, by a notification published in the Provincial Gazette, notify or register such seeds. While notifying or registering seeds in this manner, the Provincial Ministry shall consult with the Committee. 11.4 While designating Notified Seeds or Registered Seeds pursuant to sub-section 11.1, 11.2 or 11.3, the Ministry or Provincial Ministry shall also specify the kind or variety of seed suitable for different regions. 11.5 If a seed registered pursuant to this Section is found unsuitable for cultivation, the body that registered it shall publish a public notice and remove it from the list of registered seeds. If the Provincial Ministry removes a seed registered pursuant to sub-section 11.3 from such list, it shall inform the Committee thereof.
Seeds Act, 1988

If the Provincial Ministry removes a seed registered pursuant to sub-section 11.3 from such list, it shall inform the Committee thereof. 11.6 The procedure for notifying or registering a seed variety shall be as prescribed, and while prescribing such procedure, the procedure for notifying seed varieties and for registering imported or local variety seeds may be prescribed differently according to the nature of the crops. Added by the Seed (First Amendment) Act, 2064.11A. License Required:

11A.1 If any person or institution wishes to carry out business relating to the sale and distribution of seeds, they must submit an application along with the prescribed fee to the prescribed authority and obtain a license in the prescribed format. 11A.2 If anyone is found selling or distributing seeds without obtaining a license pursuant to sub-section 11A.1, such seeds shall be confiscated by the Crop Inspector. Added by the Seed (Second Amendment) Act, 2079.11A.3 A license obtained pursuant to sub-section 11A.1 shall be renewed each year by submitting an application to the prescribed authority and paying the prescribed fee. The procedure for renewal and revocation of the license shall be as prescribed. Added by the Seed (Second Amendment) Act, 2079.11B. Sale and Distribution Prohibited:

11B.1 No person shall sell or cause to be sold seeds that are not notified or registered under this Act. 11B.2 Notwithstanding anything contained in sub-section 11B.1, it shall not prevent the sale and distribution of seeds not notified or registered under this Act for agricultural research purposes. Added by the Seed (Second Amendment) Act, 2079.11C. Confiscation:

11C.1 If anyone conducts variety testing, quality testing, import, export, production, processing, transportation, storage and sale and distribution of any seed in contravention of this Act, such seeds may be confiscated by the Seed Inspector. 11C.2 Other procedures relating to confiscation of seeds shall be as prescribed. Added by the Seed (Second Amendment) Act, 2079.11D. Provision Regarding Compensation:

11D.1 If a farmer suffers economic loss or damage due to the quality of seeds sold and distributed by someone or due to false information, the concerned party shall compensate the farmer for the actual loss or damage based on the assessment and recommendation of the Assessment Committee.
Seeds Act, 1988

11D.2 For the assessment of loss or damage pursuant to sub-section 11D.1, there shall be an Assessment Committee in each district as follows:-

(a) Officer designated by the Chief of the Center – Coordinator
(b) Chief of the district-level office looking after agricultural matters – Member
(c) Agricultural expert designated by the Assessment Committee – Member
(d) Scientist from Nepal Agricultural Research Council – Member
(e) Chief Administrative Officer of the concerned Rural Municipality/Municipality – Member

11D.3 While assessing economic loss or damage, the Assessment Committee pursuant to sub-section 11D.2 shall assess based on land productivity, recommended seed quality, expenses incurred for agricultural operations, reduction in production, and other grounds deemed necessary by the Committee, and recommend the amount of compensation pursuant to sub-section 11D.1. Amended by the Seed (Second Amendment) Act, 2079.12. Prescribing Minimum Quality Standards for Seeds:

12.1 The Ministry may, by a notification published in the Nepal Gazette, after consulting the Committee, prescribe the minimum quality standard for any Notified Seed. 12.2 The Ministry may, by publishing a notification on its website and through other appropriate means, after consulting the Committee, prescribe the minimum quality standard for any seed registered pursuant to sub-section 11.2 of Section 11. 12.3 The Provincial Ministry may, by a notification published in the Provincial Gazette, after consulting the Provincial Seed Committee, prescribe the minimum quality standard for any seed notified or registered pursuant to sub-section 11.3 of Section 11. Amended by the Seed (First Amendment) Act, 2064.13. Sale and Distribution of Notified Seeds:

13.1 A person or institution selling and distributing Notified Seeds must mention the following details on the container of the seed they sell and distribute:-

13.1.1 Kind and variety of seed,
13.1.2 Minimum quality standard prescribed pursuant to Section 12,
13.1.3 Details of chemical treatment, if applied,
13.1.4 Other particulars as prescribed. 13.2 Notwithstanding anything contained in sub-section 13.1, it shall not be permissible to sell or cause to be sold Notified Seeds of a kind and variety determined by the breeder as suitable only for a specific region, in any other region except the region so determined. 14. Repealed by the Seed (First Amendment) Act, 2064.×

15. Approval Required for Export or Import of Notified Seeds:

15.1 A person or institution wishing to export or import Notified Seeds of any kind or variety shall submit an application for approval to the prescribed authority along with the prescribed Added by the Seed (First Amendment) Act, 2064. fee and details. 15.2 Upon receipt of the application pursuant to sub-section 15.1, the prescribed authority may grant approval.
Seeds Act, 1988

15.2 Upon receipt of the application pursuant to sub-section 15.1, the prescribed authority may grant approval. Amended by the Seed (Second Amendment) Act, 2079.15.3 After obtaining approval pursuant to sub-section 15.2, the concerned person or institution may export or import the Notified Seeds. Amended by the Seed (Second Amendment) Act, 2079.15A. May Prohibit Export or Import:

15A.1 If anyone intends to export or import seeds of a specific variety that may adversely affect humans, animals, birds, plants, environment, culture or livelihood, or Genetically Modified Organisms (GMOs), or Living Modified Organisms (LMOs), or Terminator Seeds, a risk analysis must be conducted as prescribed before such export or import. 15A.2 The Government of Nepal may, by a notification published in the Nepal Gazette, prohibit the export or import of seeds deemed unsuitable for export or import based on the risk analysis conducted pursuant to sub-section 15A.1. 15A.3 Notwithstanding anything contained elsewhere in this Section, this Act shall not be deemed to prevent the study or research of seeds of the nature mentioned in sub-section 15A.1 with the permission of the Ministry. 15A.4 While requesting permission pursuant to sub-section 15A.3, a brief introductory description of such seeds must be included. Added by the Seed (Second Amendment) Act, 2079.15B. Permission Required for Basic or Source Seed Production:

15B.1 If any person or institution wishes to produce basic or source seed, they must submit an application to the Committee or the Provincial Committee along with the prescribed fee for permission. 15B.2 Upon receipt of an application pursuant to sub-section 15B.1, the Committee may, after necessary inquiry, grant permission. 15B.3 Other provisions relating to granting permission for basic or source seed production shall be as prescribed. 15B.4 Notwithstanding anything contained in this Section, permission shall not be required for producing basic or source seed for household purposes. Added by the Seed (Second Amendment) Act, 2079.15C. Permission Required for Hybrid Seed Production:

15C.1 If any person or institution wishes to produce hybrid seed, they must submit an application to the Committee or the Provincial Committee along with the prescribed fee for permission. 15C.2 Upon receipt of an application pursuant to sub-section 15C.1, the Committee may, after necessary inquiry, grant permission for the production of such seed. 15C.3 Other provisions relating to granting permission for hybrid seed production shall be as prescribed. 15C.4 Notwithstanding anything contained in this Section, permission shall not be required for producing hybrid seed for household purposes. Added by the Seed (Second Amendment) Act, 2079.15D. Permission Required for Variety Development and Promotion:

15D.1 If any person or institution wishes to develop and promote a variety of any seed, they must submit an application to the Committee along with the prescribed fee for permission.
Seeds Act, 1988

Added by the Seed (Second Amendment) Act, 2079.15D. Permission Required for Variety Development and Promotion:

15D.1 If any person or institution wishes to develop and promote a variety of any seed, they must submit an application to the Committee along with the prescribed fee for permission. 15D.2 Upon receipt of an application pursuant to sub-section 15D.1, the Committee may, after necessary inquiry, grant permission for the development and promotion of a variety of any seed. 15D.3 Other provisions relating to variety development and promotion of seeds shall be as prescribed. 15D.4 Notwithstanding anything contained in this Section, permission shall not be required for variety development and promotion for household purposes. Added by the Seed (Second Amendment) Act, 2079.15E. To be in Accordance with Provincial Law: In relation to basic or source seed production, hybrid seed production and variety development and promotion pursuant to Sections 15B, 15C and 15D, the province may, by making a law consistent with the quality and standards prescribed by the Committee, grant permission to a person or institution. Amended by the Seed (First Amendment) Act, 2064.16. Provisions Relating to Crop Inspector, Seed Sampler and Seed Analyst:

Amended by the Seed (Second Amendment) Act, 2079.16.1 The Government of Nepal or the Provincial Government may appoint or designate Seed Inspectors and Seed Analysts from among Nepali citizens possessing the following qualifications:-

(a) Having passed at least a Bachelor's degree in Agriculture from a recognized educational institution, or having passed a Certificate level in Agriculture and having at least ten years of experience in seed production,
(b) Having passed the examination conducted by the Committee,
(c) If a civil servant meeting the qualification under clause (a), having obtained approval from the office where he/she is serving. 16.2 Until Crop Inspectors, Seed Samplers and Seed Analysts are appointed pursuant to sub-section 16.1, the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. Government of Nepal or the Provincial Government may designate officers under Amended by the Seed (Second Amendment) Act, 2079. its jurisdiction or at the local level who possess the required qualifications to work as Crop Inspectors, Seed Samplers or Seed Analysts. 16.3 Except as provided in sub-sections 16.1 and 16.2, no person shall conduct crop inspection, collect seed samples or analyze seeds without obtaining a license under this Act. 16.4 A person possessing the prescribed qualifications wishing to obtain a license pursuant to sub-section 16.3 must pass the examination conducted by the Committee.