chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Civil Aviation Authority of Nepal Act, 1996

7. Power to Prohibit, Regulate, or Give Directions: (1) For the purpose of implementing the Plan, the Authority may prohibit, regulate, or give directions as necessary on the following subjects:

(a) To arrange lighting at or near aerodromes, aerodrome areas, and air routes.
(b) To require any person's private house or land situated in an aerodrome, aerodrome area, or air route to arrange lighting by that person or by the person enjoying such house or land, and the Authority shall bear the cost for that purpose.
(c) To prescribe conditions or restrictions to be observed while constructing or erecting any building, tower, pole, etc., or arranging lighting on land falling within aerodromes, aerodrome areas, and air routes.
(d) To prohibit the construction, erection, or heightening of any building, house, shed, tower, pole, tree, or any other thing exceeding the height specified in the conditions or restrictions prescribed under clause (c), or to require the complete or partial demolition, uprooting, or cutting down of such existing building, house, shed, pole, tree, etc.
(e) To make necessary arrangements for the security of aircraft and any other property, equipment, or tools within an aerodrome or aerodrome area.

(2) Pursuant to sub-section (1), the Authority may impose conditional restrictions on the enjoyment of any movable or immovable property of a person within an aerodrome or aerodrome area, having regard to air safety, and while making a decision regarding such restrictions or issuing a notice or order relating thereto, the reason for imposing the restriction shall also be clearly stated. 8. Right to Enter Another's House or Land: (1) If necessary to enter any person's house or land situated near an aerodrome area or on an air route in the course of the Authority's work, an authorized officer designated by the Authority may enter such house or land after giving prior notice to the person using such house or land. Provided that, in order to prevent an accident or to carry out urgent maintenance work on any equipment installed in such house or land, or for any other justifiable reason, any employee of the Authority may enter such house or land at any time without prior notice.

(2) An officer or employee of the Authority entering any person's house or land for the purpose of performing any work under sub-section (1) shall submit a report regarding the work done on such house or land to the Authority as soon as possible. 9.
Civil Aviation Authority of Nepal Act, 1996

10. Power to Raise Financial Resources: (1) The Authority may raise the financial resources necessary to carry out its functions by exercising the following powers:

(a) To take loans and grants from domestic associations, institutions, banks, or persons.
(b) To take loans and grants from foreign governments and foreign or international associations, institutions, with the approval of the Government of Nepal.
(c) To invest the money lying in the Authority's fund.
(d) To operate flights to a limited extent for income generation using aircraft owned by the Authority.
(e) To collect fees as prescribed for landing, housing, ground handling, and parking of aircraft, or parking of other vehicles, at aerodromes and aerodrome areas owned by the Authority.
(f) To collect fees as prescribed for overflight by any aircraft over the territory of Nepal.
(g) To collect fees as prescribed for the use of communication and navigational aid facilities by aircraft flying within Nepal's airspace.
(h) To collect cargo fees as prescribed for the transportation of goods imported into Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. by aircraft from abroad.
(i) To collect passenger service facility fees as prescribed for providing necessary standard passenger service facilities to air passengers.
(j) To collect fees as prescribed for granting, renewing, and conducting examinations for permissions, ratings, and certificates related to aircraft service operation.
(k) To collect entry fees as prescribed from visitors entering the terminal building of an aerodrome owned by the Authority.
(l) To collect fees as prescribed for providing firefighting and life-saving services for the rescue and security of aircraft, air passengers, and their property and goods.
(m) To collect rent and fees as prescribed from persons operating prescribed businesses and trades including sale of aviation fuel, duty-free shops, flight catering service, cargo handling service, passenger transport (limousine) service, ground handling service, etc. within the aerodrome and aerodrome area.
(n) To collect rent and fees as prescribed from persons operating businesses and trades and conducting advertisement and publicity within the aerodrome and aerodrome area.
(o) To collect fees as prescribed for providing facilities such as electricity, drinking water, telephone, telex, fax, etc. within the aerodrome and aerodrome area.
(p) To collect additional fees as prescribed for keeping the aerodrome and aerodrome area open beyond the stipulated time.
(q) To collect rent and fees as prescribed for providing other prescribed services.

(2) In the case of a person who fails to pay the rent or fee payable under sub-section (1) within the prescribed period, additional rent or fee may be collected as prescribed. 11.
Civil Aviation Authority of Nepal Act, 1996

11. Power to Restrict Use of Service Facility: If a person fails to pay or deliver the rent or fee payable to the Authority for the use of a service facility under Section 10, the Authority may restrict the use of such service facility. 12. Joint Investment: The Authority may, with the prior approval of the Government of Nepal, operate plans and programs in joint investment with domestic or foreign investors. 13. Formation of Board of Directors: (1) For the conduct, supervision, and management of all the affairs of the Authority, a Board of Directors shall be formed consisting of the following Chairperson and Members:

(a) Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. Minister of State for Culture, Tourism and Civil Aviation, or a person designated by the Government of Nepal – Chairperson
(b) Representative, Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. Ministry of Culture, Tourism and Civil Aviation – Member
(c) Representative, Ministry of Finance – Member
(d) One person nominated by the Government of Nepal from among persons of the private sector or associations and institutions having special expertise and experience in the tourism industry or business – Member
(e) One person nominated by the Government of Nepal from among persons who have achieved special qualifications in civil aviation – Member
(f) Two persons nominated by the Government of Nepal from among the directors of air service operating entities, including from the private sector – Member
(g) Director General – Member-Secretary

(2) The Government of Nepal may, by notification published in the Nepal Gazette, increase, decrease, or alter the Chairperson and Members of the Committee.

(3) The Committee may, if it deems necessary, nominate an expert or advisor as an observer member of the Committee for a specified term.

(4) The term of office of the Chairperson and Members nominated pursuant to clauses (a), (d), (e), and (f) of sub-section (1) shall be four years. Provided that, if the Government of Nepal so desires, it may re-nominate the Chairperson and Members whose term has expired.

(5) The Board of Directors formed pursuant to sub-section (1) shall exercise all the powers and perform all the duties conferred on the Authority in accordance with this Act and the rules made under this Act. 14.
Civil Aviation Authority of Nepal Act, 1996

14. Circumstances for Cessation of Membership: (1) The Chairperson and Members of the Board of Directors formed pursuant to Section 13 shall not remain in their office under any of the following circumstances:

(a) If removed by the Government of Nepal,
(b) If the term of office expires,
(c) If written resignation submitted to the Government of Nepal is accepted,
(d) Upon death.

(2) If the office of the Chairperson or any Member becomes vacant due to the cause under sub-section (1), another person may be nominated for the remainder of the term. 15. Meeting of the Committee: (1) A meeting of the Committee shall ordinarily be held once every two months.

(2) The meeting of the Committee shall be held on the date, time, and place specified by the Chairperson.

(3) If more than fifty percent of the total number of members of the Committee are present, it shall be deemed to constitute a quorum for the meeting.

(4) The Chairperson shall preside over the meeting of the Committee, and in the Chairperson's absence, the member designated by the Chairperson shall preside.

(5) The decision of the majority in a meeting of the Committee shall be binding, and in the case of a tie, the Chairperson shall give a casting vote.

(6) The Member-Secretary shall record the subjects discussed and the decisions made in a minute book and have it signed by the members present at the meeting.

(7) Other procedures relating to the meeting of the Committee may be determined by the Committee itself. 16. Functions, Duties, Powers, and Facilities of the Chairperson: (1) The functions, duties, and powers of the Chairperson shall be as follows:

(a) To determine the order of priority of subjects to be discussed in the meeting of the Committee.
(b) To monitor and evaluate plans and programs operated by the Authority, and to give necessary directions relating thereto.
(c) To give necessary directions to do or cause to do any act or business necessary to fulfill the objectives of the Authority, except as mentioned in this Act or the rules made under this Act, and in special circumstances.
(d) To operate or cause to operate the affairs of the Authority in an orderly, effective, profitable, and smooth manner.

(2) The facilities to be received by the Chairperson shall be as specified by the Government of Nepal. 17. Acts not to be Invalidated: No act or proceeding of the Committee shall be invalidated merely by reason of any defect in the formation of the Committee or by reason of any vacancy in the position of any Member. 18.
Civil Aviation Authority of Nepal Act, 1996

17. Acts not to be Invalidated: No act or proceeding of the Committee shall be invalidated merely by reason of any defect in the formation of the Committee or by reason of any vacancy in the position of any Member. 18. Adherence to Commercial Principles: While performing the functions of the Authority, the Committee shall adhere to commercial principles, having regard to the safety and interests of the air service operation business and air passengers as well. 19. Director General, Advisors, and Other Employees: (1) For the conduct of the affairs of the Authority, the Government of Nepal shall appoint, as the chief executive, any employee ordinarily serving in the service of the Government of Nepal or in the service of the Authority, to the post of Director General.

(2) The term of office of the Director General shall be four years, and if the Government of Nepal so desires, he/she shall be eligible for reappointment.

(3) Notwithstanding anything written in sub-section (2), if the Government of Nepal so desires, it may remove the Director General from his/her office even before the completion of the term.

(4) The Authority may appoint other advisors and employees as necessary.

(5) The terms of service and facilities of the Director General, advisors, and other employees of the Authority shall be as prescribed. 20. Functions, Duties, and Powers of the Director General: The functions, duties, and powers of the Director General shall be as follows:

(a) To conduct the general administration and management of the Authority.
(b) To oversee and control the fund of the Authority, to manage property, and to arrange for its custody and maintenance.
(c) To formulate the annual program and plan of the Authority and submit them to the Committee.
(d) To prepare the annual income and expenditure and supplementary income and expenditure statements of the Authority.
(e) To implement the budget, plan, and program approved by the Committee.
(f) To arrange for the internal and final audit of the Authority.
(g) To act as a liaison officer between the Authority and the Government of Nepal and other bodies.
(h) To prepare draft rules relating to the terms of service of the employees of the Authority and submit them to the Committee for approval.
(i) To prepare draft rules relating to the financial administration of the Authority and submit them to the Committee for approval.
(j) To establish or cause to establish contact and coordination among the various offices under the Authority.
(k) To perform acts delegated by the Committee and in accordance with directions given. 21.
Civil Aviation Authority of Nepal Act, 1996

21. Aviation Security Personnel: (1) The Authority may arrange aviation security personnel as necessary for the security of the aerodrome and aerodrome area.

(2) Until such aviation security personnel are arranged under sub-section (1), such security arrangements shall be made by the Government of Nepal. 22. Prohibition on Chairperson, Member, Director General, Advisor, and Employee: The Chairperson, Member, Director General, advisor, and employee of the Authority shall not, directly or indirectly, be a participant in any transaction or contract with the Authority. 23. Fund of the Authority: (1) The Authority shall have its own separate Fund. The capital, loans, and grants of the Authority, and the amounts received under Sections 10 and 12, shall also be deposited in that Fund.

(2) All expenses of the Authority shall be borne from the Fund under sub-section (1).

(3) The operation of the Fund of the Authority shall be as prescribed. Until rules relating to the operation of the Fund are made, the Fund shall be operated as specified by the Committee. 24. Accounts and Audit: (1) The accounts of the Authority shall be kept in the format and manner approved by the Committee.

(2) The audit of the accounts of the Authority shall be carried out by the Auditor General or by an auditor designated by him/her. 25. Penalties: (1) If any person, without prior approval of the Authority, does any act which the Authority has regulated or prohibited under Section 7, or does any act contrary to any condition specified by the Authority while granting approval, the Authority may impose a fine of up to fifty thousand rupees on such person.

(2) If any person obstructs any work done or intended to be done by the Authority under this Act or the rules made under this Act, the Authority may impose a fine of up to ten thousand rupees on such person.

(3) If any person does any act contrary to any order or direction given by the Authority under this Act, the Authority may impose a fine of up to twenty-five thousand rupees on such person.

(4) If any person does any act contrary to this Act or the rules made under this Act other than those mentioned above, the Authority may impose a fine of up to ten thousand rupees on such person. 26. Protection of Acts Done in Good Faith: Neither the Chairperson, Members, Director General, nor other employees of the Authority shall be personally liable for any loss
Competition Promotion and Market Protection Act, 2007

Competition Promotion and Market Protection Act, 2063

Certification and Publication Date
2063.09.30

Amending Acts

1. Some Nepal Acts Amendment Act, 2064 2064.05.09
2. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 35 of the Year 2063

An Act Made to Provide for Competition Promotion and Market Protection

Preamble: Whereas it is desirable to maintain fair competition among persons or firms producing or distributing goods or services to make the national economy more open, liberal, market-oriented and competitive; to increase national productivity by developing the commercial capacity of producers or distributors through fair competition; to provide protection to the market from undesirable interference; to control monopolies and restrictive trade practices to encourage the enhancement of the quality of produced goods and services and their delivery to consumers at competitive prices; and to make legal provisions to prevent potential unfair competition in trade practices and to maintain the economic interest and integrity of the general public,

The House of Representatives, in the first year of the issuance of the Proclamation of the House of Representatives, 2063, has enacted this Act. Chapter-1
Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Competition Promotion and Market Protection Act, 2063".

(2) This Act shall extend throughout the State of Nepal, and if any person residing outside Nepal commits any act contrary to this Act, this Act shall also apply to such person.

(3) This Act shall come into force immediately. 2.
Competition Promotion and Market Protection Act, 2007

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

(a) "Chairperson" means the Chairperson of the Board.

(b) "Firm" means any firm, company or organized institution producing or distributing goods or services, and the term shall also denote subsidiary firms, companies or institutions that are directly or indirectly under the control of, or affiliated with, such firm, company or institution.

(c) "Board" means the Competition Promotion and Market Protection Board constituted pursuant to Section 12.

(d) "Bid" means a proposal submitted by any person or firm in the format specified by a concerned institution or body for the purchase of any goods, construction or maintenance work, or procurement of any service, in response to a notice of such institution or body, sealed and stamped, and the term shall also include a quotation with details of unit price and related documents, or a rate quotation with rates.

(e) "Advertisement" means information publicly disseminated for the market promotion or publicity of any goods or services.

(f) "Member" means a member of the Board, and the term shall also denote the Chairperson and the Member-Secretary of the Board.

(g) "Agreement" means a contract, agreement, arrangement or understanding made in writing, orally or by conduct, whether enforceable under the prevailing law or not, between two or more persons or firms to do or not to do any act, and the term shall also denote a decision or recommendation made among such persons or firms.

(h) "Court" means the Commercial Bench of a court designated by the Government of Nepal by publishing a notice in the Nepal Gazette, after consultation with the Supreme Court.

(i) "Market Protection Officer" means a Market Protection Officer appointed pursuant to Section 22.

(j) "Sale Price" means the price received for the production or distribution of any goods or services, including any type of rent, insurance, fee, interest rate, exchange rate, premium, or any other similar amount.

(k) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules framed under this Act. Chapter-2
Acts Contrary to Fair Competition

3.
Competition Promotion and Market Protection Act, 2007

Chapter-2
Acts Contrary to Fair Competition

3. Not to Make Anti-competitive Agreement: (1) Any person or firm producing or distributing any goods or services shall not, alone or collectively, with the aim of limiting or restricting competition, make or cause to be made any agreement with any other person or firm producing similar types of goods or services, as follows:-

(a) To directly or indirectly fix the purchase or sale price of any goods or services, or to determine the terms of purchase or sale of such goods or services,

(b) To limit or restrict the market for the production or distribution of any goods or services, or to limit or restrict investment for technological development or advancement thereof,

(c) To limit or restrict the wholesale quantity of production or distribution of any goods or services, or to reduce the retail consumption quantity or quality of such goods,

(d) Not to sell or distribute such goods or services in a specific place, or to sell or distribute only in a specific place,

(e) To promote the market only for goods or services produced or distributed by a specific person or firm, and not to purchase, sell or distribute goods or services of any other person or firm producing or distributing similar types of goods or services, or to prevent such goods or services from entering the market,

(f) To divide markets among persons or firms producing or distributing any goods or services,

(g) To produce or distribute any goods or services on a rotational basis, or to produce or distribute by fixing quotas for such goods or services,

(h) Without reasonable cause, to fix different prices for the purchase, sale or distribution of any goods or services, or to impose different terms of purchase, sale or distribution,

(i) To submit bids or quotations by mutual agreement in response to publicly invited bids or quotations, or to submit bids or quotations with equal amounts or other details,

(j) To apply a syndicate system in the transportation or distribution of any goods or services,

(k) To do or cause to do other acts as prescribed.

(2) Notwithstanding anything contained in sub-section (1), amended by Some Nepal Acts Amendment Act, 2064.two or more persons or firms producing or distributing any goods or producing, distributing or operating any services shall not, in a manner contrary to sub-section (2), jointly with any institution or by adopting any other measures, make any kind of agreement which prevents any other person or firm from producing, distributing or operating such goods or services in the area where they themselves produce, distribute or operate, or which requires affiliation with such person or institution or engagement in such measures for producing, distributing or operating such goods or services, or which necessitates compliance with any condition set by such agreement or measures.

(3) Any agreement made contrary to sub-section (2) shall be void ab initio.
Competition Promotion and Market Protection Act, 2007

5. Not to Merge or Amalgamate Firms with the Aim of Restricting Competition: A firm producing or distributing any goods or services shall not, with the aim of creating a monopoly or establishing a restrictive trade practice in the market, merge or amalgamate with any other firm producing or distributing goods or services of a similar nature, or purchase fifty percent or more of the shares of such firm, or take over the business of such firm, either alone or jointly with its subsidiary firm. Explanation: For the purpose of this section, if a person or firm producing or distributing goods or services of the same nature merges, amalgamates, purchases shares of, or takes over another such firm, and as a result the production or distribution of such goods or services exceeds forty percent of the total production or distribution within the State of Nepal, the merger, amalgamation or takeover shall be deemed to have been made with the aim of restricting competition. 6. Not to Engage in Irregularities in Bidding: (1) A bidder submitting a bid in response to a publicly invited bid by any body shall not cause or engage in any irregularity in the bidding by doing any of the following acts:-

(a) By agreeing to cause a bidder not to submit a bid, or to have only one bidder submit a bid, or to have all bidders submit bids with the same price or other details, directly or indirectly,

(b) By informing each other among bidders of the notices or other matters required to be opened before submitting bids,

(c) By submitting bids after mutually agreeing that a particular bidder's bid would be accepted.

(2) Notwithstanding anything elsewhere in this section, the exchange of information regarding bids between a firm and its subsidiary firm shall not be deemed an irregularity under sub-section (1). 7. Not to Engage in Exclusive Dealing: (1) A person or firm producing or distributing any goods or services shall not cause or engage in exclusive dealing for the production or distribution of such goods or services.
Competition Promotion and Market Protection Act, 2007

7. Not to Engage in Exclusive Dealing: (1) A person or firm producing or distributing any goods or services shall not cause or engage in exclusive dealing for the production or distribution of such goods or services. Explanation: For the purpose of this section, if a firm produces or distributes any goods or services subject to any of the following conditions, it shall be deemed to have engaged in exclusive dealing:-

(a) Not to purchase goods or services of a similar nature produced or distributed by any other person or firm, or not to engage in any related transaction with such person or firm, except for the goods or services produced or distributed by the person or firm imposing the condition,

(b) To supply goods or services on more favorable conditions if the condition under clause (a) is complied with and the purchase, sale or transaction of goods or services is conducted accordingly.

(2) Notwithstanding anything contained in sub-section (1), if a firm has an arrangement to obtain any goods or services only from its principal or subsidiary firm, or to distribute its goods or services through its authorized dealers or agencies, it shall not be deemed to have engaged in exclusive dealing. 8. Not to Restrict the Market: A person or firm producing or distributing any goods or services shall not cause or engage in any transaction that restricts the market for the production or distribution of such goods or services. Explanation: If a person or firm producing or distributing any goods or services provides such goods or services to any seller, dealer, trader or firm subject to a condition that they may only produce or distribute such goods or services in a specific market designated by such person or firm, or that if they distribute such goods or services in any place other than the designated market, they shall be liable for compensation for damages, such action shall be deemed to have restricted the market. 9. Not to Engage in Tied Selling: A person or firm selling any goods or services shall not engage in tied selling transactions.
Competition Promotion and Market Protection Act, 2007

9. Not to Engage in Tied Selling: A person or firm selling any goods or services shall not engage in tied selling transactions. Explanation: For the purpose of this section, if a person or firm sells or distributes any goods or services subject to any of the following conditions, it shall be deemed to have engaged in tied selling:-

(a) When purchasing any goods or services, to also purchase another goods or services produced or distributed by such person or firm or by any other person or firm designated by them,

(b) That the goods or services purchased under clause (a) shall not be used or sold or distributed with goods or services produced or distributed by any other person or firm other than the person or firm producing or distributing such goods or services or their designee,

(c) To distribute such goods or services on more favorable conditions if the condition under clause (a) or (b) is complied with for the use or sale or distribution of any goods or services. 10. Not to Make Misleading Advertisements: A person or firm producing or distributing any goods or services shall not cause or make misleading advertisements with the aim of restricting or limiting competition. Explanation: For the purpose of this section, if a person or firm does any of the following acts, it shall be deemed to have made a misleading advertisement:-

(a) Advertising by providing misleading or false details differing from the actual quality, quantity or price of goods or services,

(b) Promoting the market by making false or misleading advertisements regarding the warranty, benefit, quality or lifespan of goods or services,

(c) Making false or misleading advertisements against the market for goods or services produced or distributed by any person or firm, or adverse to such goods or services,

(d) Selling or distributing goods or services at a price higher than that mentioned in the advertisement. 11. When this Act Not to Apply: Notwithstanding anything elsewhere in this Chapter, except for the provision of Section 10, this Act shall not apply to the following trade or commercial activities:-

(a) Businesses relating to micro and cottage industries under the Industrial Enterprises Act, 2076,

(b) Agricultural products produced by small farmers and agricultural cooperative businesses as prescribed,

(c) amended by Some Nepal Acts Amendment Act, 2082.Purchasing of raw materials,

(d) Export business,

(e) Activities conducted for the labor right of collective bargaining,

(f) Research and development related activities,

(g) Management related cooperation,

(h) Cooperation for organizational and procedural improvements aimed at enhancing commercial capacity. Chapter-3

Formation, Functions, Duties and Powers of the Board

12.
Competition Promotion and Market Protection Act, 2007

Chapter-3

Formation, Functions, Duties and Powers of the Board

12. Formation of the Board: (1) A Competition Promotion and Market Protection Board is constituted to protect the market and enhance fair competition in the market.

(2) The Board under sub-section (1) shall consist of the following members:-

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

(b) Representative, Ministry of Law, Justice and Parliamentary Affairs - Member

(c) Representative, Ministry of Finance - Member

(d) Representative, Ministry of Industry, Commerce and Supplies - Member

(e) Two persons nominated by the Government of Nepal from among persons working in associations or organizations related to industry and commerce - Member

(f) Four persons nominated by the Government of Nepal, including at least one woman, from among persons working in associations or organizations related to consumer rights and interests - Member

(g) Director General, Department of Commerce - Member-Secretary

(3) The term of office of nominated members under sub-section (2) shall be two years.

(4) Notwithstanding anything contained in sub-section (3), if the work of any nominated member is not found satisfactory, the Government of Nepal may, at any time, remove him/her from the membership of the Board by stating the reasons therefor. 13. Meeting and Decision of the Board: (1) Meetings of the Board shall be held as required.

(2) The meeting of the Board shall be held on such date, time and place as specified by the Chairperson.

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

(4) The meeting of the Board shall be presided over by the Chairperson, and in his/her absence, a member chosen by the members present from among themselves shall preside over the meeting.

(5) The decision of the majority shall be binding in a meeting of the Board, and in case of a tie, the person presiding over the meeting shall have a casting vote.

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

(7) If the Board deems necessary, it may invite experts on the relevant subject to participate in the meeting of the Board as observers.

(8) Other procedures relating to the meetings of the Board shall be as determined by the Board itself. 14.
Competition Promotion and Market Protection Act, 2007

14. Functions, Duties and Powers of the Board: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Board shall be as follows:-

(a) To formulate policies to be adopted in relation to maintaining fair competition and submit them to the Government of Nepal,

(b) To review competition-related laws if deemed necessary and suggest necessary improvements to the Government of Nepal,

(c) To raise public awareness about the positive impact of fair competition on the economy and the negative impact of activities contrary to fair competition,

(d) To provide necessary suggestions to the Government of Nepal regarding the economic situation of the country, trade conditions, fair competition in the market, and work to be done for enhancing consumer interests,

(e) To identify problems seen in enhancing fair competition in the market and suggest solutions to the concerned bodies,

(f) To collaborate with the private sector for the promotion of fair competition in the market,

(g) To conduct or cause to conduct necessary studies and research regarding the promotion of fair competition in the market,

(h) To prepare and implement an action plan for the promotion of fair competition,

(i) To inspect, monitor and investigate whether any acts contrary to fair competition are being committed by anyone,

(j) If, during inspection, monitoring or investigation under clause (i), it appears that any act contrary to fair competition is about to be committed, to immediately stop such act,

(k) To form committees as necessary for matters to be performed by itself,

(l) To perform or cause to perform other necessary acts in relation to maintaining fair competition. 15. Meeting Allowance: The Chairperson and members shall receive meeting allowance as prescribed for participating in the meetings of the Board. 16. Secretariat of the Board: The Department of Commerce shall function as the secretariat of the Board. Chapter-4

Provisions Relating to Offenses and Penalties

17. Deemed to have Committed Offense Contrary to Fair Competition: If any person or firm does or causes to do any act contrary to Chapter-2, such person or firm shall be deemed to have committed an offense contrary to fair competition. 18.
Competition Promotion and Market Protection Act, 2007

Chapter-4

Provisions Relating to Offenses and Penalties

17. Deemed to have Committed Offense Contrary to Fair Competition: If any person or firm does or causes to do any act contrary to Chapter-2, such person or firm shall be deemed to have committed an offense contrary to fair competition. 18. Penalty: (1) A person or firm committing or causing to commit the following acts shall be liable to the following penalties according to the gravity of the offense:-

(a) For committing or causing to commit any act contrary to Section 3, 4 or 5, such act shall be void, and the person or firm committing or causing to commit such act shall be liable to a fine of up to five hundred thousand rupees,

(b) For committing or causing to commit any act contrary to sub-section (1) of Section 6, such act shall be void, and the person or firm committing or causing to commit such act shall be liable to a fine of up to three hundred thousand rupees,

(c) For committing or causing to commit any act contrary to Section 7, the person or firm committing or causing to commit such act shall be liable to a fine of up to one hundred thousand rupees,

(d) For committing or causing to commit any act contrary to Section 8, the person or firm committing or causing to commit such act shall be liable to a fine of up to fifty thousand rupees,

(e) For committing or causing to commit any act contrary to Section 9 or 10, the person or firm committing or causing to commit such act shall be liable to a fine of up to twenty-five thousand rupees,

(f) For committing or causing to commit any act contrary to this Act or the rules framed under this Act, other than those mentioned in clauses (a), (b), (c), (d) and (e), the person or firm shall be liable to a fine of up to ten thousand rupees.

(2) If a person or firm penalized under sub-section (1) again commits any offense under this Act, such person or firm shall be liable to a fine double the amount of the fine under that sub-section.

(3) If any act under sub-section (1) is done pursuant to an agreement, such agreement shall also be void.

(4) If any person is found to have filed a false complaint with the intent to cause loss or damage or to harass any person or firm, such person shall be liable to a fine of up to ten thousand rupees. 19.
Competition Promotion and Market Protection Act, 2007

19. Penalty for Obstructing: If any person obstructs any investigation or inquiry relating to an offense under this Act, the Court may, on the basis of the report of the Market Protection Officer, impose a fine of up to twenty-five thousand rupees on such person. 20. Deemed to have Committed Offense by Person in Charge: If any firm, company or organized institution does any act deemed an offense under this Act, in the case of a firm, the partners existing at the time of such act, and in the case of a company or organized institution, the person in charge of such company or institution, shall be deemed to have committed such offense. Provided that if it is proved that such act was done before the appointment of the person in charge, or that the decision to do such act was made without the consent of the person in charge, the person who actually committed such act shall be deemed to have committed the offense. Explanation: For the purpose of this section, "person in charge" means the Chairperson, member of the board of directors, General Manager, Managing Director, or any person working in a similar capacity of a company or organized institution. 21. Remission of Penalty: (1) If, during the investigation or inquiry of any offense, any person or firm related to such offense provides assistance as follows, the Market Protection Officer may, while filing the case, request the Court to remit the penalty under Section 18 in whole or in part for such person or firm:-

(a) If information or notice about such offense is provided before the commencement of the investigation or inquiry,

(b) If significant evidence or information that the investigating officer could not discover during the investigation or inquiry is provided,

(c) If any other special assistance is rendered in the investigation or inquiry work.

(2) If the request for remission of penalty made by the Market Protection Officer under sub-section (1) appears reasonable, the Court may remit the penalty that may be imposed under this Act, in whole or in part, on the person or firm committing the offense.

(3) Notwithstanding anything contained in sub-section (2), a person or firm involved in an offense shall not be entitled to remission from the liability to pay compensation under Section 29. Chapter-5

Provisions Relating to Investigation and Prosecution of Cases

22.
Competition Promotion and Market Protection Act, 2007

Chapter-5

Provisions Relating to Investigation and Prosecution of Cases

22. Appointment of Market Protection Officer: (1) For the purpose of investigating and inquiring into offenses punishable under this Act and filing cases in Court, the Government of Nepal shall, by publishing a notice in the Nepal Gazette, designate an officer employee as a Market Protection Officer in the required districts of the State of Nepal.

(2) The qualifications and other functions, duties and powers of the Market Protection Officer shall be as prescribed. 23. May File Complaint: (1) If any person or firm does any act contrary to this Act, any person who obtains knowledge thereof may file a complaint before the Board or the Market Protection Officer, along with the information or evidence in his/her possession, as prescribed.

(2) If the person filing a complaint under sub-section (1) wishes to keep his/her name confidential, the name of such person shall be kept confidential. 24. Investigation and Prosecution of Case: (1) If a complaint is received under Section 23 regarding any offense punishable under this Act, or if the Market Protection Officer becomes aware of such matter through any other means, the Market Protection Officer shall investigate and inquire into such case.

(2) Notwithstanding anything contained in sub-section (1), if a complaint regarding any offense punishable under this Act is received by the Board under Section 23, the Board may forward such complaint to any Market Protection Officer for necessary action, or may form a sub-committee and cause an investigation and inquiry into such complaint by itself.

(3) If the person filing a complaint under Section 23 provides additional evidence or information during the course of the investigation or inquiry into the offense, the officer conducting the investigation or inquiry shall consider such evidence or information as well while conducting the investigation or inquiry.

(4) If a case is investigated or inquired into by a sub-committee under sub-section (2), after the completion of such investigation or inquiry, the Board shall order any Market Protection Officer to file the case in the Court.

(5) The Market Protection Officer shall file the case in the Court within thirty-five days from the date of completion of the investigation or inquiry under sub-section (1) or from the date of receiving an order to file the case from the Board under sub-section (4).

(6) While filing a case under sub-section (5), the Market Protection Officer shall obtain the opinion of the Government Attorney.

(7) The pleading, argument and defense of a case filed in the Court under sub-section (5) shall be conducted by the Government Attorney. 25.
Competition Promotion and Market Protection Act, 2007

25. May Conduct Inspection, Examination or Search: (1) If there is reasonable cause to believe that any person is doing any act contrary to this Act or the rules framed under this Act, or if a complaint under Section 23 is received in this regard, the Market Protection Officer or a sub-committee formed by the Board may conduct inspection, examination or search of the concerned place.

(2) The procedure to be adopted while conducting inspection, examination or search under sub-section (1) shall be as prescribed. 26. Government of Nepal to be Plaintiff: A case involving an offense under this Act shall be prosecuted by the Government of Nepal as plaintiff. 27. May Seek Expert Assistance: If, due to the nature and seriousness of an offense, the assistance of an expert in the relevant subject is required for the investigation or inquiry of such offense, the investigating sub-committee or the Market Protection Officer may utilize the services of such expert. 28. Proceedings and Disposal of Case: (1) The Court shall have the authority to conduct proceedings and dispose of cases under this Act.

(2) While conducting proceedings and disposing of a case filed under this Act, the Court shall adopt the procedure under the Summary Procedure Act, 2028. Chapter-6
Miscellaneous

29. Compensation: (1) If any person suffers any kind of loss or damage due to the commission of any offense under this Act by any person or firm, such person may submit an application to the Court for compensation for such loss or damage.

(2) While proceeding on an application filed under sub-section (1), if it appears that compensation is payable, the Court shall determine the loss or damage and cause the person or firm causing such loss or damage to pay compensation to the applicant. 30. Special Power of the Government of Nepal: Notwithstanding anything elsewhere in this Act, if a crisis arises or appears likely to arise in the production or distribution of any goods or services throughout the State of Nepal or in any specific area of the State of Nepal, or considering the state of supply and distribution of any goods or services, the Government of Nepal may, by publishing a notice in the Nepal Gazette, issue necessary orders to the effect that anything mentioned in Chapter-2 shall not apply within the period and area specified in that notice. Provided that any arrangement and order relating to supply and distribution made by the Government of Nepal before the commencement of this Act shall be deemed to have been made under this Act. 31.
Competition Promotion and Market Protection Act, 2007

Provided that any arrangement and order relating to supply and distribution made by the Government of Nepal before the commencement of this Act shall be deemed to have been made under this Act. 31. May Order to Stop Act: If the Court is informed by the Market Protection Officer or the Board, and is satisfied, that unless any act about to be done contrary to this Act is immediately stopped, a serious adverse condition may immediately be created in the supply or distribution of any goods or services in the market, the Court may order to immediately stop such act. 32. May Make Provision to Prevent Misuse of Intellectual Property: If the owner of any intellectual property, by misusing his/her intellectual property, obstructs fair competition or acts contrary to the rights and interests of consumers, the Government of Nepal may make necessary provisions in this regard. 33. Not to Bar Proceedings under Prevailing Law: If any act deemed an offense under this Act is also deemed an offense under other prevailing law, nothing in this Act shall be deemed to bar proceedings under such law. 34. May Provide Reward: If information provided to the Board or the Market Protection Officer regarding any person having committed or about to commit an offense contrary to this Act is found to be true upon final disposal of the case by the Court, the Board may provide a suitable reward to such informant. 35. Duty to Provide Assistance: It shall be the duty of all concerned to provide necessary assistance to the Board, a sub-committee formed by the Board, or the Market Protection Officer while conducting investigations or inquiries relating to offenses under this Act. 36. Confidentiality of Information: While conducting inspection, monitoring, investigation or inquiry under this Act, the Board or the Market Protection Officer shall keep confidential the commercial transactions and information obtained by them. Provided that mentioning any matter in the course of performing their duties or disclosing information of public importance shall not be deemed a breach of confidentiality. 37. Delegation of Powers: The Board may, as necessary, delegate some of the powers vested in it to the Chairperson, Member, Member-Secretary, a committee formed under this Act, or any officer employee of the Government of Nepal. 38. Annual Report: (1) The Board shall submit an annual report of its activities to the Government of Nepal within sixty days from the date of expiry of each fiscal year.

(2) The Government of Nepal may make public the annual report submitted under sub-section (1). 39. Power to Frame Rules: The Government of Nepal may frame necessary rules for implementing the objectives of this Act.