chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Electronic Transactions Act, 2006

38. Submission of Private Key to Controller: (1) If, for the protection of the sovereignty or integrity of the State of Nepal or for maintaining friendly relations with friendly nations, maintaining peace and security, preventing the occurrence of any act that constitutes an offense under the prevailing law, or in other circumstances as prescribed, the Controller deems it necessary and directs any subscriber, stating reasons, to submit the private key to him or her, such subscriber shall immediately submit such private key to the Controller.

(2) The Controller shall not inform any unauthorized person about the private key submitted pursuant to Sub-section (1). Chapter-7

Government Use of Electronic Records and Digital Signatures

39. Publication of Government Documents in Electronic Form: (1) The Government of Nepal may publish ordinances, acts, rules, regulations, formation orders, notices or other matters required to be published in the Nepal Gazette under the prevailing law in electronic form as well.

(2) Any forms, applications or other documents required to be filed, or any records required to be created, kept or preserved, or any licenses or permits or approvals or certificates required to be issued or given, or any amounts required to be paid, under the prevailing law in a government agency or public body or a bank or financial institution transacting business within the State of Nepal, may also be filed, created, kept or preserved or issued or given or received or payment may be taken through electronic communication means, and such forms, applications, documents, records, licenses, permits or approvals, certificates or payments shall not be denied legal validity merely because of the use of electronic form or electronic communication means. 40.
Electronic Transactions Act, 2006

40. Acceptance of Documents in Electronic Form: (1) A government agency or public body or a bank or financial institution transacting business within the State of Nepal may also accept documents required to be submitted or filed before it and amounts required to be paid under the prevailing law in electronic form or through electronic communication means, and such documents or payments shall not be denied legal validity merely because of being accepted in electronic form or through electronic communication means.

(2) Notwithstanding anything written in Sub-section (1), in circumstances as prescribed and except for government agencies as prescribed, no other government agency or public body or bank or financial institution transacting business within the State of Nepal shall be compelled to accept documents in electronic form or to give or take payment in electronic form, unless such agency or institution is prescribed as one that must accept documents or give or take payment from any person in electronic form.

(3) Provisions relating to procedures, processes and formats to be adopted for the purpose of Sub-section (1) shall be as prescribed. 41. Use of Digital Signatures in Government Offices: (1) Where provisions exist that any document or record transmitted or issued by, or accepted or received by, a government agency or public body or a bank or financial institution transacting business within the State of Nepal must bear the signature of the concerned person for its authentication, if the Government of Nepal deems appropriate, it may make provision for a digital signature to be affixed in place of such signature.

(2) Notwithstanding anything written elsewhere in this Act, the Government of Nepal may, for the purpose of Sub-section (1), prescribe additional security procedures for the authentication and validity of such digital signature.

(3) Provisions relating to the Certification Authority and digital signature certificates for digital signatures used by agencies or institutions pursuant to Sub-section (1) shall be as prescribed. Chapter-8

Provisions Relating to Network Services

42. Liability of Network Service Provider: Intermediaries providing network services as network service providers shall bear the following liabilities in relation to the services so provided:

(a) liabilities mentioned in the agreement with the subscriber regarding service provision,
(b) liabilities mentioned in the license of the network service provider, and
(c) other liabilities as prescribed. 43. Liability to be Borne by Network Service Provider: Notwithstanding anything written in Section 42, a network service provider shall not be required to bear any criminal or civil liability arising in relation to any fact or detail mentioned or contained in any third party information or data provided in electronic form, merely because of providing access to such information or data.
Electronic Transactions Act, 2006

Provided that a network service provider who knowingly provides access to such information or data knowing that any fact or detail mentioned or contained in such information or data violates this Act or any rules made under this Act shall not be exempt from such liability. Explanation: For the purpose of this section, "third party" means a person for whom the network service provider provides services as an intermediary and over whom the network service provider has no control. Chapter-9

Computer Related Offenses

44. Theft, Destruction or Alteration of Computer Source Code: Where the prevailing law immediately provides for keeping the source code of a computer resource intact, if any person knowingly or with malicious intent steals, destroys, alters or causes to do such act to the source code of a computer resource used for any computer, computer program, computer system or computer network, such person shall be liable to imprisonment for up to three years or a fine of up to two hundred thousand rupees or both. Explanation: For the purpose of this section, "computer source code" means listing of computer programs, computer commands, computer design and computer layout, and program analysis of computer resources in any form. 45. Unauthorized Access to Computer Content: If any person, with the intention of gaining access to any program, information or data contained in a computer, uses such computer without authorization from the owner or responsible person of that computer, or, even if authorized, does any act with the aim of gaining access to any program, information or data different from what was authorized, such person shall be liable, depending on the gravity of the offense, to a fine of up to two hundred thousand rupees or imprisonment for up to three years or both. 46. Damage to Computer and Information System: If any person, with the intention of wrongfully causing loss or damage to any organization, knowingly destroys, damages, deletes, alters, renders useless, diminishes the value or utility importance of, or causes harmful effect to, any information contained in a computer resource in any manner, or causes another to do such act, such person shall be liable to a fine of up to two hundred thousand rupees or imprisonment for up to three years or both. 47.
Electronic Transactions Act, 2006

47. Publishing Unlawful Matter in Electronic Form: (1) Any person who publishes or displays materials that are prohibited from publication and display by the prevailing law, or materials against public morality or decency, or materials that spread hatred or enmity against anyone or disturb the cordial relations between different castes, ethnic groups and communities, in computers, the internet and other electronic communication means, added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072.teases, harasses, insults or engages in any other kind of indecent behavior against women, or causes another to do so, shall be liable to a fine of up to one hundred thousand rupees or imprisonment for up to five years or both.

(2) If any person repeatedly commits the offense under Sub-section (1

(3) If any person publishes a certificate or makes it available to any other person in any manner, knowing that the certificate was not issued by the Certifying Authority mentioned in the certificate, or that the subscriber listed in the certificate has not accepted the certificate, or that the certificate has been suspended or revoked, such person shall be liable to a fine of up to one hundred thousand rupees or imprisonment for up to two years or both. Provided that, if a certificate that has been suspended or revoked is published or made available for the purpose of verifying a digital signature made before such revocation or suspension, it shall not be deemed to have committed an offense under this sub-section. 51. Failure to submit prescribed details or documents: (1) If a person responsible for submitting any details, documents, or reports to the Controller or Certifying Authority as required by this Act or the rules made under this Act fails to submit such details, documents, or reports within the prescribed time limit, such person shall be liable to a fine of up to fifty thousand rupees.

(2) If a person fails to keep any books, registers, records, accounts, etc., which are required to be properly and securely maintained under this Act or the rules made under this Act, such person shall be liable to a fine of up to fifty thousand rupees. 52.
Electronic Transactions Act, 2006

52. Computer fraud: If any person creates, publishes, or otherwise makes available a digital signature certificate with the intent to commit fraud or any other unlawful act, or manipulates the payment amount of any bill, the balance of any account, any supply and inventory, or payment cards (ATM cards) at any time, or derives benefit by committing fraud in any other manner, the economic benefit so obtained shall be assessed and recovered from the offender for the relevant party, and such offender shall be liable to a fine of up to one hundred thousand rupees or imprisonment for up to two years or both. 53. Abetment to commit computer-related offenses: Any person who abets another to commit any offense under this Act, or attempts to commit such an offense, or is involved in a conspiracy to commit such an offense, shall, depending on the gravity of the offense, be liable to a fine of up to fifty thousand rupees or imprisonment for up to six months or both. 54. Punishment for accomplice: Any person who assists in the commission of any offense under this Act or acts as an accomplice in any other manner shall be liable to half the punishment prescribed for the principal offender. 55. Punishment for offenses committed outside the State of Nepal: Notwithstanding anything contained in the prevailing law, if any person commits any act which is an offense under this Act while outside the State of Nepal, but the computer, computer system, or computer network system involved in such an offense is located in Nepal, such person may be prosecuted and punished under this Act. 56. Confiscation: Any computer, computer system, floppy disk, compact disk, tape drive, software, or other auxiliary equipment used in committing any computer-related offense for which a person is convicted under this Act shall be confiscated. 57. Offense by an organized body: (1) If any act which is an offense under this Act is committed by an organized body, the person primarily responsible for the operation of such organized body at the time of the commission of the offense shall be deemed to have committed the offense.
Electronic Transactions Act, 2006

Offense by an organized body: (1) If any act which is an offense under this Act is committed by an organized body, the person primarily responsible for the operation of such organized body at the time of the commission of the offense shall be deemed to have committed the offense. Provided that, if such a person primarily responsible for the operation of the organized body can prove that the offense occurred without their knowledge or that they had made all reasonable efforts to prevent the offense, such person shall not be held liable for the offense.

(2) Notwithstanding anything contained in sub-section (1), if it is proved that an offense committed by an organized body under this Act occurred with the consent or knowledge of, or due to the negligence of, a director, manager, secretary, or other responsible person of such organized body, then such organized body and such director, manager, secretary, or other responsible person shall be deemed to have committed the offense. 58. Other punishments: If any provision of this Act or the rules made under this Act is violated and no specific punishment has been provided for such violation, the violator shall, depending on the gravity of the violation, be liable to a fine of up to fifty thousand rupees or imprisonment for up to six months or both. Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072.58A. Compensation to be awarded: The Tribunal may, considering the loss or damage caused to the person harmed by an offense under this Chapter, order the offender to pay reasonable compensation. 59. No bar to punishment under prevailing law: If any act which constitutes an offense under this Act also constitutes an offense under any other prevailing law, nothing in this Act shall be deemed to bar separate proceedings and punishment for such an offense. Chapter-10

Provisions Relating to Information Technology Tribunal

60.
Electronic Transactions Act, 2006

Chapter-10

Provisions Relating to Information Technology Tribunal

60. Formation of Tribunal: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, form a three-member Information Technology Tribunal consisting of a Law Member, an Information Technology Member, and a Commerce Member from among persons meeting the qualifications under section 61, to conduct original proceedings and adjudication of the offenses referred to in Chapter 9.

(2) The Law Member shall be the Chairperson of the Tribunal.

(3) The Tribunal shall exercise its jurisdiction as prescribed.

(4) A person aggrieved by a decision or order of the Tribunal may appeal to the Appellate Tribunal within thirty-five days from the date of such order or decision.

(5) Notwithstanding anything elsewhere contained in this section, until the Tribunal is formed under sub-section (1), the jurisdiction to conduct original proceedings and adjudication of the offenses referred to in Chapter 9 shall vest in the relevant District Court. 61. Qualification of members of the Tribunal: (1) A person who has knowledge of information technology and has been, or is qualified to be, a Judge of a District Court shall be qualified to be the Law Member of the Tribunal.

(2) A Nepali citizen who has at least a master's degree in computer science or information technology and has at least three years of experience in the field of electronic transactions, information technology, or electronic communication shall be qualified to be the Information Technology Member of the Tribunal.

(3) A Nepali citizen who has at least a master's degree in management or commerce and has expertise in the field of electronic transactions and at least three years of experience in the relevant field shall be qualified to be the Commerce Member of the Tribunal. 62. Term of office, remuneration, and service conditions of members of the Tribunal: (1) The term of office of a member of the Tribunal shall be five years, and they shall be eligible for reappointment.

(2) The remuneration and other service conditions of members of the Tribunal shall be as prescribed.

(3) Each member of the Tribunal shall, after appointment and before assuming office, take an oath of office and confidentiality before the Chief Judge of the relevant High Court in the prescribed format. 63.
Electronic Transactions Act, 2006

63. Circumstances for vacancy and filling of vacancy: (1) The office of a member of the Tribunal shall become vacant in any of the following circumstances:-
(a) upon expiry of the term,
(b) upon attaining the age of sixty-three years,
(c) upon death,
(d) upon resignation,
(e) upon conviction by a court for a criminal offense involving moral turpitude, or
(f) upon being proven, after investigation by the Government of Nepal on charges of misconduct or incapacity to perform duties, to have engaged in misconduct or to be incapable of performing duties. Provided that a member of the Tribunal against whom a charge under this clause is made shall be given a reasonable opportunity to present a defense.

(2) Notwithstanding anything contained in clause (f) of sub-section (1), if the Law Member of the Tribunal is a sitting judge, the investigation shall be conducted in accordance with the prevailing law relating to their service conditions and facilities.

(3) The procedure for investigation for the purposes of clause (f) of sub-section (1) shall be as prescribed.

(4) If the office of a member of the Tribunal becomes vacant under sub-section (1), the Government of Nepal shall fill the vacant office for the remaining term from among persons meeting the qualifications under section 61. 64. Staff of the Tribunal: (1) The Government of Nepal shall provide the staff necessary for the Tribunal to perform its functions.

(2) Other provisions relating to the staff of the Tribunal shall be as prescribed. 65. Procedure to be followed by the Tribunal: The Tribunal shall adopt the procedure as prescribed while conducting original proceedings and adjudication of cases under section 60. Chapter-11

Provisions Relating to Information Technology Appellate Tribunal

66. Establishment and formation of Appellate Tribunal: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, form a three-member Information Technology Appellate Tribunal consisting of a Law Member, an Information Technology Member, and a Commerce Member from among persons meeting the qualifications under section 67, to hear appeals against decisions or orders made by the Tribunal and to hear appeals against decisions or orders made by the Controller or Certifying Authority under this Act.

(2) The Law Member shall be the Chairperson of the Appellate Tribunal.

(3) The jurisdiction of the Appellate Tribunal shall be exercised as prescribed. 67.
Electronic Transactions Act, 2006

67. Qualification of members of the Appellate Tribunal: (1) A person who has knowledge of information technology and has been, or is qualified to be, a Judge of a High Court shall be qualified to be the Law Member of the Appellate Tribunal.

(2) A Nepali citizen who has at least a master's degree in computer science or information technology and has at least five years of experience in the field of electronic transactions, information technology, or electronic communication shall be qualified to be the Information Technology Member of the Appellate Tribunal.

(3) A Nepali citizen who has at least a master's degree in management or commerce and has expertise in the field of electronic transactions and at least five years of experience in the relevant field shall be qualified to be the Commerce Member of the Appellate Tribunal. 68. Term of office, remuneration, and service conditions of members of the Appellate Tribunal: (1) The term of office of a member of the Appellate Tribunal shall be five years, and they shall be eligible for reappointment.

(2) The remuneration and other service conditions of members of the Appellate Tribunal shall be as prescribed.

(3) Each member of the Appellate Tribunal shall, after appointment and before assuming office, take an oath of office and confidentiality before the Chief Justice of the Supreme Court in the prescribed format. 69. Circumstances for vacancy and filling of vacancy: (1) The office of a member of the Appellate Tribunal shall become vacant in any of the following circumstances:-
(a) upon expiry of the term,
(b) upon attaining the age of sixty-three years,
(c) upon death,
(d) upon resignation,
(e) upon conviction by a court for a criminal offense involving moral turpitude, or
(f) upon being proven, after investigation by the Government of Nepal on charges of misconduct or incapacity to perform duties, to have engaged in misconduct or to be incapable of performing duties. Provided that a member of the Appellate Tribunal against whom a charge under this clause is made shall be given a reasonable opportunity to present a defense.

(2) Notwithstanding anything contained in clause (f) of sub-section (1), if the Law Member of the Appellate Tribunal is a sitting judge, the investigation shall be conducted in accordance with the prevailing law relating to their service conditions and facilities.

(3) The procedure for investigation for the purposes of clause (f) of sub-section (1) shall be as prescribed.

(4) If the office of a member of the Appellate Tribunal becomes vacant under sub-section (1), the Government of Nepal shall fill the vacant office for the remaining term from among persons meeting the qualifications under section 67. 70.
Electronic Transactions Act, 2006

70. Staff of the Appellate Tribunal: (1) The Government of Nepal shall provide the staff necessary for the Appellate Tribunal to perform its functions.

(2) Other provisions relating to the staff of the Appellate Tribunal shall be as prescribed. 71. Procedure to be followed by the Appellate Tribunal: The Appellate Tribunal shall adopt the procedure as prescribed while conducting proceedings and adjudication of appeals filed before it. Chapter-12
Miscellaneous

72. May make arrangements by agreement: Parties involved in creating, transmitting, receiving, storing, or otherwise processing electronic records may, by agreement, make arrangements for their activities relating thereto such that any or all of the provisions of Chapter 3 do not apply, or that the provisions mentioned in that Chapter are modified accordingly, and their activities shall be regulated accordingly. 73. Government of Nepal may issue directives: The Government of Nepal may issue necessary directives to the Controller and Certifying Authorities in relation to the implementation of this Act, and it shall be the duty of the Controller and Certifying Authorities to comply with such directives. 74. Limitation for making complaints: In case of a violation of this Act or the rules made under this Act, or the occurrence of any act which is an offense under this Act, a complaint shall be made within Amended by the Act to Amend Some Nepal Acts, 2062.ninety days from the date of knowledge of such violation or offense. 75. Government of Nepal to be plaintiff: (1) Cases involving offenses under this Act shall be instituted with the Government of Nepal as the plaintiff, and such cases shall be deemed to be Converted by the Act to Amend, Consolidate, Adjust, and Repeal Some Nepal Laws, 2074, and amended by the Act to Amend Some Nepal Acts Relating to the Muluki Criminal Code, 2075.included in Schedule 1 of the Muluki Criminal Procedure Code, 2074.

(2) While investigating a case under sub-section (1), the police shall take the assistance of the Controller or other relevant experts. 76. Compensation to be recovered: If any person has suffered any kind of loss or damage due to an offense committed under this Act, compensation for such loss or damage shall also be recovered from the offender. 77.
Electronic Transactions Act, 2006

76. Compensation to be recovered: If any person has suffered any kind of loss or damage due to an offense committed under this Act, compensation for such loss or damage shall also be recovered from the offender. 77. Act not to apply: (1) Notwithstanding anything elsewhere contained in this Act, this Act shall not apply to the following matters:-
(a) Negotiable instruments as mentioned in the Negotiable Instruments Act, 2034,
(b) Deeds of gift, relinquishment, mortgage, covenant, bond, or instruments of similar nature transferring rights in immovable property,
(c) Any other instruments evidencing rights or title over immovable property,
(d) Powers of attorney, plaints, written statements, or other similar documents used in court proceedings,
(e) Statements of claim, counterclaims, statements of defense, or other similar documents required to be submitted in writing in arbitration proceedings,
(f) Documents which the prevailing law prescribes shall not be kept in electronic form.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by publishing a notice in the Nepal Gazette, add to or subtract from the instruments mentioned in sub-section (1) as necessary. 78. Power to make rules: The Government of Nepal may make necessary rules for the fulfillment of the objectives of this Act. 79. May prepare and implement directives: For the fulfillment of the objectives of this Act, the Government of Nepal may, subject to this Act and the rules made under this Act, prepare and implement necessary directives. 80. Effect of lapse of the Electronic Transactions Ordinance, 2062: After the lapse of the Electronic Transactions Ordinance, 2062, unless a contrary intention appears, such lapse shall not:-
(a) revive anything not in force or existing at the time of the lapse of the Ordinance,
(b) affect the previous operation of anything done under the Ordinance or any action duly taken or any thing already enjoyed under it,
(c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under the Ordinance,
(d) affect any penalty, forfeiture, or punishment incurred under the Ordinance,
(e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment; and any such legal proceeding or remedy may be instituted, continued, or enforced as if the Ordinance had not lapsed.
National Inclusive Commission Act, 2017

National Inclusive Commission Act, 2074 (2017)

Certification Date
2074.6.27 (October 14, 2017)

Amending Act

1. Some Nepal Acts Amendment Act, 2075 (2018) 2075.11.19 (March 3, 2019)

Act No. 18 of the year 2074 (2017)

Preamble: Whereas, it is expedient to protect and promote the rights and interests of communities including Khas Arya, backward class, persons with disabilities, senior citizens, workers, farmers, minorities, marginalized communities, and backward class and the Karnali region, backward area, and economically disadvantaged class, and to empower such communities, and to make necessary provisions regarding the National Inclusive Commission;

Now, therefore, the Legislature-Parliament has enacted this Act in accordance with Article 296, Sub-article (1) of the Constitution of Nepal. Chapter 1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "National Inclusive Commission Act, 2074 (2017)."

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

(a) "Chairperson" means the Chairperson of the Commission and the word also refers to the acting Chairperson.

(b) "Commission" means the National Inclusive Commission constituted under Article 258 of the Constitution.

(c) "Karnali" means the erstwhile Karnali Zone.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(e) "Backward Area" means the area defined by the Government of Nepal upon the recommendation of the Commission.

(f) "Member" means a member of the Commission, and the word also refers to the Chairperson.

(g) "Constitution" means the Constitution of Nepal. Chapter 2

Functions, Duties and Powers of the Commission

3.
National Inclusive Commission Act, 2017

Chapter 2

Functions, Duties and Powers of the Commission

3. Other Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers mentioned in Article 259 of the Constitution, the other functions, duties and powers of the Commission shall be as follows:-

(a) To review, monitor and evaluate policies and programs relating to communities including Khas Arya, backward class, persons with disabilities, senior citizens, workers, farmers, minorities, and marginalized communities, and those residing in the backward class and the Karnali region, and the economically disadvantaged class,

(b) To monitor, or cause to be monitored, the implementation of recommendations or suggestions made by the Commission,

(c) To recommend to the Government of Nepal to formulate and implement special programs for the development and empowerment of persons who are economically or socially backward within the communities, class and area referred to in clause (a),

(d) To study and research the language, script, culture, history, tradition, literature, and art of the communities, class and area referred to in clause (a), and to recommend to the Government of Nepal to formulate programs for the protection and development of such language, script, culture, history, tradition, literature, and art,

(e) To conduct awareness programs for the protection and promotion of the rights and interests of the communities, class and area referred to in clause (a) and for the empowerment of such class or community,

(f) To recommend to the Government of Nepal to formulate programs to end all types of exploitation existing in the communities, class and area referred to in clause (a),

(g) To monitor whether international treaties and agreements to which Nepal is a party relating to the class, area and community referred to in clause (a) have been implemented, and to make necessary recommendations or provide suggestions to the Government of Nepal for their implementation Amended by some Nepal Acts Amendment Act, 2075.,

(h) To collect complaints against any person or institution violating the rights of the class, area and community referred to in clause (a), and to recommend to the concerned body to conduct inquiry and investigation thereof,

(i) To conduct detailed study and research regarding the identity of the class, area and community referred to in clause (a) and to recommend to the Government of Nepal to list surnames,

(j) To make necessary coordination with the Government of Nepal and other associations and organizations regarding policies, programs and decisions to be taken in the context of the class, area and community referred to in clause (a),

(k) To prepare and implement, or cause to be implemented, a code of conduct for the Chairperson, Members and employees of the Commission,

(l) To approve the annual plans and programs of the Commission.
National Inclusive Commission Act, 2017

4. Power to Seek Advice and Counsel: The Commission may consult with or seek advice from other constitutional bodies, government offices or public institutions regarding its work and proceedings. 5. Power to Obtain Services of Experts: If any work required to be performed under the Constitution, this Act and prevailing federal law cannot be performed by the human resources working in the Commission, the Commission may, stating the reason thereof, obtain the services of experts in accordance with prevailing federal law. 6. Power to Form Committee or Task Force: (1) The Commission may form a committee or task force by prescribing its working procedure for the purpose of performing work of a special nature relating to the Commission.

(2) The terms of reference of the committee or task force formed under Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force.

(3) While forming a committee or task force under Sub-section (1), representation shall be ensured on the basis of the principle of proportional inclusion as provided for in the Constitution. 7. Power to Coordinate and Cooperate: The Commission may make necessary coordination and cooperation with government agencies or public institutions as required. Chapter 3

Conduct of Business of the Commission

8. Office of the Commission: (1) For the conduct of business of the Commission, there shall be one central office of the Commission in the Kathmandu Valley.

(2) The Commission may establish offices in provinces as required. 9. Meeting of the Commission: (1) The work required to be done under the Constitution or this Act shall be done in accordance with the decisions of the meeting of the Commission.

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

(3) The Secretary of the Commission shall fix the date, time and place for the meeting of the Commission and send a notice thereof along with the agenda for discussion to all members ordinarily forty-eight hours prior to the time of the meeting.

(4) If any member wishes to have a discussion on any subject other than the subjects mentioned in the agenda referred to in Sub-section (3), he/she shall submit a notice stating the subject and the reason for wishing such discussion to the Secretary of the Commission at least twenty-four hours prior to the meeting.
National Inclusive Commission Act, 2017

As soon as such notice is received, the Secretary of the Commission shall inform all members thereof, and such subject shall be deemed to have been included in the agenda of the meeting of the Commission.

(5) Notwithstanding anything contained in Sub-sections (3) and (4), with the consent of all members present in the meeting of the Commission, discussion may be held and a decision may be made on a subject not included in the agenda.

(6) If more than fifty percent of the members currently holding office in the Commission are present, the meeting of the Commission shall be deemed to have constituted a quorum.

(7) The meeting of the Commission shall be chaired by the Chairperson.

(8) The decision of the Commission shall be made by a majority of votes, and in case of a tie, the Chairperson shall cast the deciding vote.

(9) The Secretary of the Commission shall prepare the record of the decision of the Commission and shall have it signed by the Chairperson and Members. Amended by some Nepal Acts Amendment Act, 2075.(10) An officer of the Nepal Civil Service of the gazetted first class shall work as the Secretary of the Commission. Until such employee is appointed, the senior-most employee of the Commission shall work as the Secretary of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 10. Abstention from Decision Making Process in Case of Conflict of Interest: If any member of the Commission has an interest, concern, or stake in any matter pending before the Commission, or if his/her close relative is directly affected thereby, such member shall give prior information of such fact to the Commission and shall not participate in the decision-making process of the Commission on such matter. 11. Division of Work: The division of work among the Chairperson and Members shall be as specified by the Commission. 12. Acting Capacity: If for any reason the office of the Chairperson falls vacant, Amended by some Nepal Acts Amendment Act, 2075.if he/she is unable to perform the duties of his/her office pursuant to Article 101, Sub-article (6) of the Constitution, or if he/she is on a foreign visit or on leave for more than seven days, the senior-most member of the Commission shall act as the acting Chairperson of the Commission. 13. Act or Proceeding of Commission not to be Invalidated: No act or proceeding of the Commission shall be invalidated merely by reason of the vacancy of the office of any member. Omitted by some Nepal Acts Amendment Act, 2075. Chapter 4

Miscellaneous

14.
National Inclusive Commission Act, 2017

13. Act or Proceeding of Commission not to be Invalidated: No act or proceeding of the Commission shall be invalidated merely by reason of the vacancy of the office of any member. Omitted by some Nepal Acts Amendment Act, 2075. Chapter 4

Miscellaneous

14. Organizational Structure and Employees of the Commission: (1) The organizational structure and employee positions of the Commission shall be as approved by the Government of Nepal.

(2) The employees required for the conduct of business of the Commission shall be provided by the Government of Nepal. 15. Observance of Official Dignity and Conduct: (1) The Chairperson and Members of the Commission shall observe the official dignity as follows:-

(a) To independently, impartially and honestly discharge their official duties to protect and promote the rights and interests of communities including Khas Arya, backward class, persons with disabilities, senior citizens, workers, farmers, minorities, and marginalized communities, and those residing in the backward class and the Karnali region, and the economically disadvantaged class, and for the empowerment of such class and community,

(b) Not to do any act that disturbs the relations between various castes, communities and sects.

(2) The Chairperson and Members of the Commission shall observe the official conduct as provided for in this Act or prevailing law. 16. Obligation to Assist in Work and Proceedings: If the Commission seeks the assistance of any body or office-bearer in the course of performing its functions, it shall be the duty of such body or office-bearer to provide such assistance. 17. Power to Send Writing for Implementation: If any body or office-bearer fails to provide necessary assistance to the Commission, the Commission may send a writing to the supervising body or officer of such body or office-bearer for implementation. 18. Annual Report: (1) The Commission shall submit an annual report of its work and proceedings to the President within three months from the date of expiry of the fiscal year.

(2) The annual report under Sub-section (1) shall include, in addition to other subjects, the following subjects:-

(a) Details of the implementation of the annual program of the Commission and cost expenditure,

(b) Details of recommendations and suggestions given by the Commission to the Government of Nepal or any other body,

(c) Status of implementation of recommendations and suggestions under clause (b),

(d) Financial and physical resources of the Commission and status of their utilization,

(e) Details of other work and proceedings carried out in relation to the discharge of duties to be fulfilled by the Commission under this Act. 19.
National Inclusive Commission Act, 2017

19. Contact with Government of Nepal: When contacting the Government of Nepal, the Commission shall do so through Amended by some Nepal Acts Amendment Act, 2075.the Ministry of Federal Affairs and General Administration. 20. Delegation of Powers: The Commission may, as required, delegate any of the powers conferred upon it under the Constitution and this Act to the Chairperson, Members, the Government of Nepal, the Provincial Government, any body, or any official employee of a local government, subject to prescribed conditions, for exercise and compliance. Repealed by some Nepal Acts Amendment Act, 2075. 21. 22. Protection of Acts Done in Good Faith: No legal action shall lie against the office-bearers, employees or any person deputed by the Commission in relation to any work or proceeding done in good faith under Amended by some Nepal Acts Amendment Act, 2075.this Act or the rules framed under this Act. 23. Power to Frame Rules: (1) The Commission may frame necessary rules for implementing this Act.

(2) If the rules to be framed under Sub-section (1) contain a subject that imposes financial burden or liability on the Government of Nepal, the Commission shall obtain the consent of Amended by some Nepal Acts Amendment Act, 2075.the Government of Nepal, Ministry of Finance.

(3) The rules framed by the Commission under Sub-section (1) shall come into force from the date of publication in the Nepal Gazette. 24. Power to Issue Directive: The Commission may, subject to this Act and the rules framed under this Act, issue necessary directives for the smooth conduct or carrying out of the work to be performed. Amended by some Nepal Acts Amendment Act, 2075. Repealed by some Nepal Acts Amendment Act, 2075.Schedule
Registration of Ships Act, 1970

Ship Registration Act, 2027

Seal and Publication Date
2027.2.30.2

Amending Acts

1. Ship Registration (First Amendment) Act, 2029 2029.6.5.5
2. Judicial Administration Reform Act, 2031 2031.4.18.6
3. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
4. Judicial Administration Act, 2048 2048.2.16

Ratification and Publication Date

5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.07
6. Some Nepal Laws Amendment Act, 2072 2072.6.14
7. Some Nepal Acts Amendment Act, 2072 2072.11.13
8. Some Acts Relating to Prevention of Money Laundering and Promotion of Business Environment Amendment Act, 2080 2080.12.30

Act No. 17 of the year 2027



An Act Made to Provide for the Registration of Nepali Ships

Preamble: Whereas it is expedient to provide for the registration of Nepali ships,

His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act with the advice and consent of the National Panchayat. Chapter-1

Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Ship Registration Act, 2027".

(2) This Act shall apply throughout Nepal repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and shall also apply to any ship registered under this Act, wherever it may be, and to the owner, master and crew of such ship.

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

(a) "Ship" means a vessel suitable for navigation, whether or not used for the purpose of gain, of any tonnage or any description, and this word also includes the hull, keel, rigging and equipment of any vessel of any class or size propelled by sail, oar, steam or motor.

(b) "Merchant Ship" means a seagoing ship of ten gross register tons or more carrying capacity used or intended to be used for the carriage of persons or goods by sea, or for fishing, towing or carrying on any other kind of maritime operation at sea.

(c) "Boat" means a navigating craft of less than ten gross register tons carrying capacity used or intended to be used for the carriage of persons or goods, or for fishing, towing or carrying on any other kind of navigation operation on water.

(d) "Nepal Ship Office" means the Nepal Ship Office established pursuant to sub-section (3) of section 4. Amended by the First Amendment. (e) "Registrar" means the Registrar appointed pursuant to sub-section (3) of section 4 of this Act.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed by the Rules made under this Act. Chapter-2

Nationality of Ships

3.
Registration of Ships Act, 1970

Amended by the First Amendment. (e) "Registrar" means the Registrar appointed pursuant to sub-section (3) of section 4 of this Act.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed by the Rules made under this Act. Chapter-2

Nationality of Ships

3. Acquisition of Nationality by Ships: A ship registered under section 4 and having the right and duty to fly the merchant ship flag of Nepal repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall acquire Nepali nationality and such ship shall be deemed to be a Nepali ship. Chapter-3

General Provisions

4. Registration of Ships: (1) The following merchant Nepali ships shall be registered in the Ship Register Book of the Nepal Ship Office under this Act:-

(a) Ships in which at least 51 percent of the shares are owned by a Nepali citizen or an organized institution established under the prevailing Nepali law,

(b) The principal place of business of the organized institution referred to in clause (a) is within Nepal repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(c) The manager appointed for the operation of the organized institution operating the ship and the majority of the members of the Board of Directors formed are Nepali citizens,

(d) The owner or co-owners of the ship have agreed and applied to register their ship in the Ship Register Book of the Nepal Ship Office, and

(e) The previous foreign registration of the ship, if any, has been canceled.

(2) The fee and procedure for registering a ship shall be as prescribed.

(3) For the purpose of registering ships, the Government of Nepal shall, by publishing a notice in the Nepal Gazette, establish the Nepal Ship Office and appoint a Registrar. 5. Master (Chief Officer) and Other Crew to be Nepali Citizens: (1) The master (chief officer) and at least 75 percent of the other crew of a Nepali ship shall be Nepali citizens.
Registration of Ships Act, 1970

5. Master (Chief Officer) and Other Crew to be Nepali Citizens: (1) The master (chief officer) and at least 75 percent of the other crew of a Nepali ship shall be Nepali citizens. Provided that, in case of special necessity, as a temporary arrangement, the Government of Nepal may permit the appointment of Nepali citizens as master (chief officer), other crew and officers of a Nepali ship in such a manner that the percentage reaches 75 percent by the eighth year from the second year of registration of that ship, at a proportionate percentage per year.

(2) Notwithstanding anything contained in sub-section (1), no citizen of a country which is in a state of war with Nepal repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be appointed as master (chief officer), crew or employee of a Nepali ship.

(3) When appointing the master (chief officer), crew or employees of a Nepali ship, preference shall be given to Nepali citizens. Chapter-4

Ship Register Book

6. Register Book: The Nepal Ship Office shall maintain a Register Book of Nepali ships, and such Register Book and extracts thereof shall be deemed to be public documents. Any interested person may inspect such Register Book or extract. 7. Two Kinds of Register Book: (1) The Ship Register Book shall be of two kinds as follows:-

(a) Merchant Ship Register Book, and

(b) Boat Register Book.

(2) Merchant ships of ten gross register tons or more carrying capacity shall be registered in the Merchant Ship Register Book, and vessels of less than ten gross register tons carrying capacity, whatever purpose they are put to (service planned) or whatever waterway they navigate, shall be registered in the Boat Register Book.

(3) The format of the Register Books shall be as prescribed. 8. Boat Register Book: The Boat Register Book shall be a record of Nepali boats listed in order of registration, showing identification marks or numbers, and shall contain all necessary descriptive details of the boat, including the name, address and principal place of business of its owner. 9.