chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Environment Protection Act, 2019

16. Export and Import of Hazardous Substances: (1) Hazardous substances of any kind shall not be imported into Nepal.

(2) Notwithstanding anything contained in subsection (1), the Government of Nepal may, by notification in the Nepal Gazette, specify specific types of hazardous substances that may be imported if they do not have a significant adverse effect on human health and the environment.

(3) A producer of hazardous substances, or any person or institution established pursuant to prevailing law, may export hazardous substances with the permission of the Ministry.

(4) The basis, standards and other provisions relating to granting permission to export hazardous substances pursuant to subsection (3) shall be as prescribed.

(5) Hazardous substances imported contrary to this Act shall be sent back to the country from which they were imported. 17. Management of Hazardous Substances: (1) The responsibility for the management of hazardous substances shall lie with the person or institution producing such hazardous substances.

(2) While collecting, storing, processing, selling, distributing, disposing or transporting hazardous substances, the concerned person or institution shall manage them properly so as not to adversely affect public health and the environment.

(3) While managing hazardous substances pursuant to subsection (1), the concerned person or institution shall do so at its own expense. 18. Power to Establish Laboratory: (1) For conducting tests or examinations relating to environment protection and pollution control, the Government of Nepal or the provincial government may establish laboratories as required, or the Government of Nepal may designate any laboratory accredited by it to conduct tests or examinations relating to environment protection and pollution control.

(2) Provisions relating to the operation and management of a laboratory established pursuant to subsection (1) shall be as prescribed. 19. Sample Collection to be Allowed: (1) If the concerned body wishes to study, test, examine or analyze pollution or waste emitted or likely to be emitted from any industry, factory, machine, vehicle or similar mechanical equipment, the relevant owner or concerned person shall allow the collection of samples of pollution or waste emitted from such industry, factory, machine, vehicle or similar mechanical equipment.

(2) Other provisions relating to sample collection, study, testing, examination or analysis thereof pursuant to subsection (1) shall be as prescribed. 20. Power to Issue Pollution Control Certificate: (1) The Ministry or the provincial ministry may, as prescribed, provide a pollution control certificate to industries making significant contributions to pollution control.

(2) Other provisions relating to the pollution control certificate shall be as prescribed. 21.
Environment Protection Act, 2019

20. Power to Issue Pollution Control Certificate: (1) The Ministry or the provincial ministry may, as prescribed, provide a pollution control certificate to industries making significant contributions to pollution control.

(2) Other provisions relating to the pollution control certificate shall be as prescribed. 21. Environment Inspector: (1) An Environment Inspector shall monitor and inspect whether the activities required to be carried out pursuant to the environmental study report approved under Section 7 are being effectively performed, and whether standards relating to pollution and environment protection are being complied with.

(2) Notwithstanding anything contained in subsection (1), in the absence of an Environment Inspector, the following bodies may designate the following officers or employees as Environment Inspectors and deploy them for monitoring and inspection:

(a) In relation to whether the activities required to be performed pursuant to an environmental study report under clause (a) of subsection (2) of Section 3, approved under Section 7, are being effectively performed, and whether standards relating to pollution and environment protection are being complied with – the Ministry may designate an officer employee of the Government of Nepal or the provincial government;

(b) In relation to whether the activities required to be performed pursuant to an environmental study report under clause (b) of subsection (2) of Section 3, or an environmental impact assessment report under clause (c) of subsection (2) of Section 3, approved under Section 7, are being effectively performed, and whether standards relating to pollution control and environment protection within its province are being complied with – the provincial ministry may designate an officer employee of the provincial government;

(c) In relation to whether the activities required to be performed pursuant to an environmental study report under clause (c) of subsection (2) of Section 3, approved under Section 7, are being effectively performed, and whether standards relating to pollution control and environment protection within its local level are being complied with – the local level may designate any employee of the local level.

(3) Other provisions relating to the Environment Inspector shall be as prescribed. 22.
Environment Protection Act, 2019

22. Duties, Functions and Powers of Environment Inspector: (1) The duties, functions and powers of the Environment Inspector shall be as follows:

(a) To inspect whether hazardous substances are being released or pollution is being caused contrary to this Act or the rules made under this Act;

(b) To inspect whether activities to reduce, remove or control pollution are being carried out pursuant to this Act or the rules made under this Act;

(c) To conduct site visits, inquiries and inspections in relation to whether work is being carried out in accordance with the conditions specified in the approved environmental study report while implementing the proposal;

(d) To inspect whether the subject matter prohibited under Section 13 or 15 is being complied with.

(2) While inspecting pursuant to subsection (1), the Environment Inspector may, after giving prior notice to the concerned person, institution or proponent, inspect, examine or inquire into any house, land, building, factory, industry, vehicle, industrial machinery, tool, machinery, livestock, goods, records, documents or other materials or objects.

(3) It shall be the duty of the concerned person, institution or proponent to provide the details or information requested by the Environment Inspector in the course of inspection under this Section and to cooperate.

(4) If, during an inspection under this Section, any person or institution does not allow the inspection, does not provide the details or information requested by the Environment Inspector, provides false details, creates obstruction or opposition during the inspection, or does not cooperate in the inspection, the Environment Inspector may immediately impose a fine on such person or institution as follows:

(a) If inspection is not allowed or obstruction or opposition is created during inspection, Amended by Some Nepal Acts Amendment Act, 2082.from twenty thousand rupees to one hundred thousand rupees;

(b) If the details or information requested during inspection are not provided, or false details are provided, or cooperation in inspection is not provided, Amended by Some Nepal Acts Amendment Act, 2082.from ten thousand rupees to fifty thousand rupees.

(5) A party dissatisfied with the punishment imposed by the Environment Inspector pursuant to subsection (4) may file a complaint with the Director General of the Department within fifteen days from the date of knowledge of such punishment.

(6) The Environment Inspector shall submit the report of the inquiry and inspection conducted under this Section to the concerned body and the Department.

(7) Other duties, functions and powers of the Environment Inspector shall be as prescribed. Chapter-4
Provisions Relating to Climate Change

23.
Environment Protection Act, 2019

Chapter-4
Provisions Relating to Climate Change

23. Information to be Provided: (1) The Ministry shall, periodically as prescribed, conduct studies on the adverse effects and risks posed to local communities, ecological systems and biological diversity due to climate change and make the details public.

(2) On the basis of the study conducted pursuant to subsection (1), the Ministry shall, from time to time, make public necessary information regarding measures to be adopted for the mitigation of adverse effects or risks from climate change while formulating development projects to be implemented by the Government of Nepal, the provincial government and the local level.

(3) On the basis of the information made public pursuant to subsection (2), the Government of Nepal, the provincial government and the local level may determine priorities for development project formulation. 24. Power to Prepare Adaptation Plan: (1) To avoid adverse effects and risks of climate change, the Ministry at the national level, the provincial ministry at the provincial level, and the local level at the local level may prepare and implement adaptation plans.

(2) While preparing an adaptation plan pursuant to subsection (1), special priority shall be given to women, persons with disabilities, children, senior citizens and economically disadvantaged communities, and residents of geographical areas at higher risk from the impacts of climate change.

(3) Local communities may prepare and implement adaptation plans at the local level, and the concerned body shall provide necessary support and facilitation for the implementation of such plans. 25. Power to Carry Out Mitigation Activities: (1) The Government of Nepal may identify sectors that emit greenhouse gases and determine their national reference levels.

(2) The Ministry shall periodically monitor and make updated information public regarding the national reference level determined pursuant to subsection (1).

(3) For mitigation, the Ministry, the provincial government and the local level may conduct necessary programs.

(4) The Ministry may measure or cause to be measured greenhouse gas emissions.

(5) Other provisions relating to mitigation shall be as prescribed. 26. Management of Impacts and Risks from Climate Change: (1) For the purpose of managing adverse impacts and risks of climate change, the Government of Nepal may, by notification in the Nepal Gazette, issue necessary orders regarding measures to be adopted for the mitigation of adverse impacts and risks of climate change in sectoral policies, strategies or action plans to be implemented by the Government of Nepal, the provincial government, the local level and other public bodies and the private sector.

(2) While issuing an order pursuant to subsection (1), the Government of Nepal may specify priority areas. 27.
Environment Protection Act, 2019

27. Power to Determine Technical Standards: (1) For determining priorities of subjects to be implemented in urban and rural areas regarding the mitigation of adverse impacts and risks of climate change, the Government of Nepal may determine and implement necessary standards.

(2) For the development of technology required in specified thematic sectors for the mitigation of adverse impacts and risks of climate change, the Government of Nepal may determine necessary policy and technical standards. 28. Power to Participate in Carbon Trade: (1) The Government of Nepal may participate in carbon trade with mechanisms established by international treaties, foreign governments or institutions, commercial bodies or the private sector for reducing and sequestering carbon emissions.

(2) Other provisions relating to participating in carbon trade pursuant to subsection (1) and the distribution of benefits derived therefrom shall be as prescribed. Chapter-5
Provisions Relating to Protection of National Heritage and Environment Protection Area

29. Protection of National Heritage: (1) It shall be the duty of all concerned to protect national heritage.

(2) For the purpose of protecting national heritage, the stakeholder body shall prepare and maintain records, and such records shall also include objects or sites within Nepal that are on the World Heritage List.

(3) Objects, sites, flora, fauna, environmental conditions, etc. included in the records pursuant to subsection (2) shall be protected as prescribed. 30.
Environment Protection Act, 2019

30. Special Provisions Relating to Environment Protection Area: (1) The Government of Nepal may, after consultation with the provincial government and the concerned local level, by notification in the Nepal Gazette, establish an environment protection area for natural heritage or aesthetically important sites or sites of historical or cultural significance considered very important from the perspective of environment protection.

(2) While constructing any road, building, river management, urban plan or any other physical infrastructure, the Government of Nepal may, in coordination with stakeholder bodies, designate any specific area as an open or green area with the objective of protecting the environment of that area.

(3) Within the environment protection area established pursuant to subsection (1) or the open or green area designated pursuant to subsection (2), certain activities as prescribed may be prohibited.

(4) If, in any specific area or place, excessive environmental pollution, landslides, excessive exploitation of natural heritage or natural disaster occurs or is likely to occur, adversely affecting public health or the environment, the Government of Nepal may, in consultation with the concerned local level, designate such area or place as an environmentally sensitive area and issue any appropriate order for environmental balance, management or environmental restoration.

(5) The Government of Nepal may designate a place where harmful or hazardous substances or waste are stored or disposed of, or a place where excessive environmental pollution has occurred due to other reasons, as a polluted area and prohibit the movement of the general public.

(6) If environmental conditions improve in a place designated under subsection (4) or (5), such area may be removed from being a sensitive area or polluted area.

(7) The local community may be involved in the management of an area established or designated under this Section for environment protection. Explanation: For the purposes of this Section and Section 36, "local community" means the community residing within or around such area.

(8) The local community shall be involved as prescribed in the benefits derived from the management of the area managed pursuant to subsection (7). 31.
Environment Protection Act, 2019

Explanation: For the purposes of this Section and Section 36, "local community" means the community residing within or around such area.

(8) The local community shall be involved as prescribed in the benefits derived from the management of the area managed pursuant to subsection (7). 31. Establishment and Operation of Fund: (1) There shall be a fund called the Environment Protection Fund for the protection of the environment, prevention and control of pollution, climate change management, and protection of national heritage.

(2) The following amounts shall be deposited in the Fund pursuant to subsection (1):

(a) Amounts received from the Government of Nepal, the provincial government or the local level;

(b) Amounts received from domestic persons or associations/institutions;

(c) Amounts received from foreign governments or international associations/institutions.

(3) Prior to receiving amounts under clause (c) of subsection (2), approval of the Ministry of Finance of the Government of Nepal shall be obtained.

(4) The audit of the Fund shall be carried out by the Auditor General.

(5) The operation of the Fund shall be as prescribed. 32. Power to Form Council: (1) There shall be a National Council for Environment Protection and Climate Change Management chaired by the Prime Minister to effectively conduct matters relating to environment protection and climate change at the national level.

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

(a) Prime Minister - Chairperson
(b) Minister for Forests and Environment of the Government of Nepal - Member
(c) Three ministers of the Government of Nepal specified by the Prime Minister - Member
(d) Chief Ministers of all provinces - Member
(e) Member of the National Planning Commission looking after environment - Member
(f) Two persons, including one woman, nominated by the Chairperson from among professors of forest and environmental science - Member
(g) Three persons, including two women, nominated by the Chairperson from among persons who have acquired expertise in the field of environment and climate - Member
(h) Secretary, Ministry - Member-Secretary

(3) The Chairperson may designate one minister among the members as Vice-Chairperson.

(4) The term of office of nominated members under clauses (f) and (g) of subsection (2) shall be three years.

(5) Notwithstanding anything contained in subsection (4), if a nominated member fails to fulfill the duties of the office, the Chairperson may remove him/her from the post of member at any time. Provided, however, that prior to such removal, a reasonable opportunity to present a defense shall be given to him/her. 33.
Environment Protection Act, 2019

Provided, however, that prior to such removal, a reasonable opportunity to present a defense shall be given to him/her. 33. Meeting of the Council: (1) A meeting of the Council shall be held at least once a year on a date, time and place specified by the Chairperson of the Council.

(2) The Member-Secretary of the Council shall, in consultation with the Chairperson, send a notice including the date, time, place of the meeting and the agenda for discussion to all members at least forty-eight hours prior to the meeting time. Provided, however, that if it is necessary to call an urgent meeting of the Council, the Chairperson of the Council may call a meeting seventy-two hours in advance, and if a meeting is called in this manner, the Member-Secretary of the Council shall send a notice thereof to all members as soon as possible.

(3) The presence of a majority of the total number of members shall be deemed to constitute a quorum for a meeting of the Council.

(4) The meeting of the Council shall be presided over by the Chairperson of the Council, and in the absence of the Chairperson, by the Vice-Chairperson of the Council.

(5) Decisions of the Council shall be made by a majority vote, and in the case of a tie, the Chairperson shall cast the deciding vote.

(6) In a meeting of the Council, any office bearer, representative of the concerned body or association/institution, or environment expert may be invited as required.

(7) Decisions of the Council shall be certified by the Member-Secretary of the Council.

(8) Other procedures relating to meetings of the Council shall be as determined by the Council itself. 34. Duties, Functions and Powers of the Council: The duties, functions and powers of the Council shall be as follows:

(a) To give directions as necessary to the Ministry and other bodies to progressively integrate environment and climate change related matters into long-term policies, plans and programs;

(b) To formulate policies for the development of national systems for pollution control, waste management and national heritage protection;

(c) To provide necessary policy guidance to the provincial and local levels in matters relating to environment protection and climate change;

(d) To manage and facilitate financial resources relating to environment protection and climate change;

(e) To guide the Ministry for the use, management, development and protection of natural, cultural and physical resources and heritage;

(f) To evaluate the work relating to environment protection and climate change. Chapter-6
Fines and Compensation

35.
Environment Protection Act, 2019

Chapter-6
Fines and Compensation

35. Fines: (1) If any person does or causes to be done any of the following acts, the concerned body shall impose a fine as follows:

(a) In the case of a proposal for which a brief environmental study report is required to be approved, if any proposal is implemented without approving such report or contrary to the approved report – up to five hundred thousand rupees;

(b) In the case of a proposal for which an initial environmental examination report is required to be approved, if any proposal is implemented without approving such report or contrary to the approved report – up to one million rupees;

(c) In the case of a proposal for which an environmental impact assessment report is required to be approved, if any proposal is implemented without approving such report or contrary to the approved report – up to five million rupees.

(2) If any person commits an act under subsection (1), the concerned body shall immediately stop such act and, if the environmental study report has not been approved, order that such report be approved pursuant to this Act, and if the act is contrary to such report, order that the act be rectified, and it shall be the duty of the concerned person or institution to comply with the order so given. 44. Power to make rules: The Government of Nepal may make necessary rules for the implementation of this Act. 45. Power to issue directives, procedures and standards: The Government of Nepal may issue and enforce necessary directives, procedures and standards, not inconsistent with this Act and the rules made under this Act. 46. Evaluation of implementation of the Act: After five years from the date of commencement of this Act, the Ministry shall conduct an evaluation of the impact of the implementation of this Act. 47. Repeal and saving: (1) The Environment Protection Act, 2053 (1997) is hereby repealed.

(2) Any acts and actions performed pursuant to the Environment Protection Act, 2053 (1997) shall be deemed to have been performed under this Act.

(3) Any petition or complaint filed before any body or official pursuant to the Environment Protection Act, 2053 (1997) and pending for consideration shall be decided in accordance with that same Act.
Urban Area Public Transport (Management) Authority Act, 2022

Urban Area Public Transport (Management) Authority Act, 2079

Certification Date
2079.06.09

Act Number 25 of the year 2079

An Act Made to Provide for the Integrated Public Transport Management in Urban Areas

Preamble: Whereas, it is desirable to make public transport services in urban areas convenient, accessible, passenger-friendly, reliable, cost-effective, and safe, to manage, develop, and expand an integrated transport system for the effective management of the public transport policy, and to establish a public transport authority in urban areas,

Therefore, the Federal Parliament has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Urban Area Public Transport (Management) Authority Act, 2079".

(2) This Act shall commence from the thirty-first day after the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Integrated Transport System" means a system that ensures accessible, convenient, reliable, and dependable public transport services for passengers by maintaining coordination among public transport service providers.

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

(c) "Council" means the Council pursuant to Section 13.

(d) "Parking" means a place designated for stopping vehicles, except at a terminal.

(e) "Chief Executive Officer" means the Chief Executive Officer pursuant to Section 7.

(f) "Authority" means the Public Transport Authority pursuant to Section 3, and the term also denotes the Authority pursuant to Section 12.

(g) "Ministry" means the Ministry of the Government of Nepal dealing with transport matters.

(h) "Passenger" means a person using public transport.

(i) "Terminal" means a designated place for passengers to board and alight for the purpose of traveling in public passenger transport.

(j) "Urban Area" means the area of a municipality, and the term also denotes the area of a rural municipality adjoining the municipality.

(k) "Public Transport" means buses, taxis, rail, metro rail, light rail, sky rail, monorail, cable car, ride sharing, and other vehicles prescribed as such, operated by electric or other fuel, registered in accordance with the prevailing law to provide public transport services and listed with the Authority.

(l) "Service Provider" means a firm or company licensed in accordance with the prevailing law to operate public transport within the area specified by the Authority according to the standards set by the Authority.

(m) "Federal Capital City Area" means the area of the districts of Kathmandu, Bhaktapur, and Lalitpur.

(n) "Local Level" means a municipality or a rural municipality. Chapter-2

Establishment of Authority

3.
Urban Area Public Transport (Management) Authority Act, 2022

6. To Develop Integrated Transport System: (1) The Authority shall develop and operate an integrated transport system in the Kathmandu Valley in coordination with the concerned bodies.

(2) Arrangements regarding the development of the integrated transport system pursuant to sub-section (1) shall be as prescribed. Chapter-3

Chief Executive Officer and Employees

7. Chief Executive Officer: (1) A Chief Executive Officer shall be appointed in accordance with the provincial law to carry out the day-to-day administration and management related functions of the Authority.

(2) Notwithstanding anything contained in sub-section (1), the appointment of the Chief Executive Officer of the Authority pursuant to Section 12 shall be made by the Government of Nepal on the basis of open competition as prescribed.

(3) The Chief Executive Officer appointed pursuant to sub-sections (1) and (2) must have passed at least a master's degree in engineering, management, economics, development management, or law from a provincial university or a university recognized by the Government of Nepal, and have at least five years of experience in the relevant field with managerial competence.

(4) Until the appointment of the Chief Executive Officer pursuant to sub-section (2), the Government of Nepal may assign any officer of the gazetted first class to work as the Chief Executive Officer.

(5) The term of office of the Chief Executive Officer shall be five years.

(6) Notwithstanding anything contained in sub-section (5), if the work of the Chief Executive Officer is not satisfactory, the Government of Nepal, in the case of the Authority pursuant to Section 12, and as per the provincial law, in other cases, may remove him/her from office at any time. Provided that before such removal, he/she shall be given a reasonable opportunity to present his/her defense.

(7) The following persons shall be disqualified from being appointed to the post of Chief Executive Officer:-
(a) A non-Nepali citizen,
(b) A person who has exceeded sixty years of age,
(c) A person who has been convicted by a court on a criminal charge involving corruption, rape, human trafficking and transportation, narcotic drug sale, distribution or transportation, money laundering, passport misuse, kidnapping, polygamy, illegal trade in objects of archaeological importance, offenses related to protected wildlife, organized crime, or other criminal offense involving moral turpitude, and such verdict has become final,
(d) A person who has obtained permanent residency of a foreign country, or
(e) A person holding any position of profit in a public body.
Urban Area Public Transport (Management) Authority Act, 2022

Explanation: For the purpose of this clause, "position of profit" means a position that receives regular remuneration or financial benefits from the government fund.

(8) The remuneration, other terms of service, and facilities of the Chief Executive Officer shall be as prescribed.

(9) Until the remuneration, other terms of service, and facilities of the Chief Executive Officer are prescribed pursuant to sub-section (8), they shall be as determined by the Government of Nepal in the case of the Authority pursuant to Section 12, and by the Provincial Government in other cases.

(10) The functions, duties, and powers of the Chief Executive Officer shall be as per the provincial law. 8. Circumstances for Vacancy of the Post of Chief Executive Officer: The post of the Chief Executive Officer shall be deemed vacant in the following circumstances:-
(a) If he/she is removed pursuant to sub-section (6) of Section 7,
(b) If a disqualification under sub-section (7) of Section 7 arises,
(c) If his/her term of office expires,
(d) If his/her resignation is accepted, or
(e) If he/she dies. 9. Provisions Relating to Employees: (1) An organization and management survey of the Authority shall be prepared and submitted to the Ministry for approval in the case of the Authority pursuant to Section 12, and as per provincial law in the case of other Authorities.

(2) The Authority shall have necessary employees according to the approved cadre based on the organization and management survey pursuant to sub-section (1).

(3) Until employees are appointed pursuant to sub-section (2), the Ministry, in the case of the Authority pursuant to Section 12, and the Provincial Government, in other cases, shall make employees available on deputation.

(4) Employees required in the Authority for positions at the officer level or above shall be appointed permanently.

(5) The written examination for the selection of permanent employees of the Authority shall be conducted by the Provincial Public Service Commission, and in the case of the Authority pursuant to Section 12, by the Public Service Commission.

(6) Employees needed for assistant and support level positions in the Authority shall be taken on service contract.

(7) The Authority may, subject to the prevailing law, hire the services of experts as necessary.

(8) Other arrangements relating to the appointment procedure, service, terms, and facilities of employees shall be as specified in the regulations. Chapter-4

Fund, Accounts, and Audit

10.
Urban Area Public Transport (Management) Authority Act, 2022

Chapter-4

Fund, Accounts, and Audit

10. Fund of the Authority: (1) The Authority shall have its own separate fund.

(2) The fund pursuant to sub-section (1) shall consist of the following amounts:-
(a) Amounts received from the Government of Nepal,
(b) Amounts received from the Provincial Government or Local Level,
(c) Amounts received from any association, institution, or individual,
(d) Amounts received from foreign individuals, governments, or international associations or institutions,
(e) Grant amounts provided periodically by the concerned Provincial Government and Local Level for the operation of public transport,
(f) Fare amounts as determined by the Authority for managing transport services,
(g) Amounts collected regularly or periodically as prescribed from commercial centers, shopping malls, or residential areas for service charges in cases where the Authority operates transport services covering such centers, malls, or residential areas, and
(h) Amounts received from other service fees, charges, and fines imposed by the Authority.

(3) Before receiving amounts pursuant to clause (d) of sub-section (2), the Authority shall obtain the approval of the Ministry of Finance, Government of Nepal.

(4) All expenses to be incurred on behalf of the Authority shall be borne from the fund pursuant to sub-section (1).

(5) Operation of the fund pursuant to sub-section (1) shall be as determined by the Authority. 11. Accounts and Audit: (1) The accounts of income and expenditure of the Authority shall be kept in the format and manner approved by the Government of Nepal.

(2) The internal audit of the fund of the Authority shall be conducted by an auditor appointed by the Authority, and the final audit shall be conducted by the Auditor General or an auditor designated by him/her. Chapter-5

Federal Capital City Area Public Transport Authority

12. Special Provision Relating to Federal Capital City Area Public Transport Authority: (1) Notwithstanding anything contained in Section 3, a Federal Capital City Area Public Transport Authority shall be established to regulate and manage the public transport service of the Federal Capital City Area.

(2) The central office of the Authority established pursuant to sub-section (1) shall be located in Kathmandu.

(3) The monitoring of the Authority established pursuant to sub-section (1) shall be done by the Provincial Government.

(4) The Authority established pursuant to sub-section (1) may open liaison offices within the Federal Capital City Area as necessary. 13.
Urban Area Public Transport (Management) Authority Act, 2022

13. Formation of Council: (1) There shall be a Federal Capital City Area Public Transport Council for the conduct, supervision, and management of the functions and activities of the Authority pursuant to Section 12.

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

 Position Description

 (a) Mayor, Kathmandu Metropolitan City - Chairperson
 (b) Mayor, Lalitpur Metropolitan City - Vice-Chairperson
 (c) Mayor, Bhaktapur Municipality - Member
 (d) Joint Secretary, Ministry - Member
 (e) Director General, Department of Roads or an employee of at least gazetted first class designated by him/her - Member
 (f) Director General, Department of Transport Management or an employee of at least gazetted first class designated by him/her - Member
 (g) Secretary, Ministry dealing with transport matters of Bagmati Province Government - Member
 (h) Chief, Metropolitan Traffic Police Division or an officer of at least Police Superintendent rank designated by him/her - Member
 (i) Representatives from different types of large companies operating public transport in the Federal Capital City Area, one each, totaling three persons including at least one woman, nominated by the Council - Member
 (j) Representatives from among organizations working in the field of consumer interest protection, two persons including at least one woman, nominated by the Council - Member
 (k) Persons having expertise in the transport sector, three persons including at least one woman, nominated by the Bagmati Province Government - Member
 (l) From among the municipalities of Kathmandu, Lalitpur, and Bhaktapur districts not represented in the Council, one representative each, being either the chief or deputy chief nominated by the concerned local level - Member
 (m) Three persons nominated by the Council representing workers, senior citizens, and persons with disabilities - Member
 (n) Chief Executive Officer - Member Secretary

Explanation: For the purpose of clause (i) of this sub-section, "Large Company" means a company operating public transport in the Federal Capital City Area which registers the highest number of vehicles among such companies.

(3) The term of office of members pursuant to clauses (i), (j), (k), (l), and (m) of sub-section (2) shall be five years.

(4) If the Council deems necessary, it may invite members of the Federal Parliament representing the districts of Kathmandu, Lalitpur, and Bhaktapur, members of the Provincial Assembly, any body of the Government of Nepal, Provincial Government or Local Level, domestic or foreign experts to the meetings of the Council as observers.

(5) The position of a member pursuant to sub-section (3) shall be deemed vacant in the following circumstances:-
(a) If he/she resigns from his/her office,
(b) If his/her term of office expires, or
(c) If he/she dies. 14.
Urban Area Public Transport (Management) Authority Act, 2022

14. Procedures Relating to Council Meetings: (1) Meetings of the Council shall be held at least twice a year.

(2) Meetings of the Council shall be held on the date, time, and place specified by the Chairperson.

(3) At least three days prior to a meeting, the Member Secretary of the Council shall give notice to all members including the agenda for discussion.

(4) The presence of a majority of the total number of members of the Council shall constitute a quorum for a meeting.

(5) The Chairperson shall preside over the meetings of the Council, and in his/her absence, the Vice-Chairperson shall preside over the meetings.

(6) The opinion of the majority shall prevail in Council meetings, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.

(7) Decisions made by the Council meeting shall be certified by the person presiding and the Member Secretary.

(8) Meeting allowances for the Council shall be as prescribed.

(9) Other procedures relating to Council meetings shall be as determined by the Council itself. 15. Delegation of Powers: The Council may delegate some of its powers as necessary to the Council Chairperson, member, Chief Executive Officer, concerned body or officer of the Government of Nepal. 16.
Urban Area Public Transport (Management) Authority Act, 2022

15. Delegation of Powers: The Council may delegate some of its powers as necessary to the Council Chairperson, member, Chief Executive Officer, concerned body or officer of the Government of Nepal. 16. Functions, Duties, and Powers of Chief Executive Officer: Notwithstanding anything contained in sub-section (10) of Section 7, the functions, duties, and powers of the Chief Executive Officer of the Authority pursuant to Section 12 shall be as follows:-

(a) To act as the administrative and financial chief of the Authority,
(b) To implement or cause to implement the decisions of the Council,
(c) To oversee, control, and manage the fund of the Authority and the care-taking and management of assets,
(d) To formulate the annual programs and plans of the Authority and submit them to the Council,
(e) To prepare the annual income-expenditure and supplementary income-expenditure statements of the Authority,
(f) To implement the budget, plans, and programs approved by the Council,
(g) To make arrangements for conducting internal and final audits of the Authority,
(h) To act as a liaison officer between the Authority and the Government of Nepal, the concerned Provincial Government, the concerned Local Level, and other bodies,
(i) To establish and maintain contacts and coordination among the various offices under the Authority,
(j) To perform functions as per the powers delegated and directives given by the Council,
(k) To work as the Member Secretary of the Council and keep records of the Council's decisions,
(l) To provide necessary information to the Council for performing functions specified to be done by the Council,
(m) To conduct or cause to conduct studies and research on urban transport,
(n) To keep records of public transport operated pursuant to this Act,
(o) To arrange for effective mechanisms regarding hearing and resolving passenger complaints,
(p) To regularly monitor whether public transport operating under the Authority is providing services according to the conditions to be complied with and to arrange for service in accordance with such conditions,
(q) To distribute fare amounts among public transport service providers according to agreement,
(r) To cause an organization and management survey of the Authority to be conducted and submitted to the Council, and
(s) To perform other functions as prescribed. 17. May Mobilize Financial Resources: The Authority may, for the smooth conduct of its work, borrow loans, receive grants, or mobilize financial resources from any other means with prior approval of the Government of Nepal. Chapter-6
Miscellaneous

18.
Urban Area Public Transport (Management) Authority Act, 2022

17. May Mobilize Financial Resources: The Authority may, for the smooth conduct of its work, borrow loans, receive grants, or mobilize financial resources from any other means with prior approval of the Government of Nepal. Chapter-6
Miscellaneous

18. Penalty: (1) If any person commits any act as follows, the Chief Executive Officer or any officer employee of the Authority designated by the Authority, or a traffic police officer of at least Assistant Sub-Inspector rank, may impose a fine ranging from one thousand rupees to five thousand rupees:-

(d) Travels on public transport without a ticket, travels without paying the prescribed fare, refuses to pay the fare, or attempts to take a facility he/she is not entitled to,
(e) Does not collect the prescribed fare from passengers, gives unnecessary concessions, collects less or more fare,
(f) Behaves indecently with women, children, senior citizens, persons with disabilities, or other passengers inside public transport,
(g) Uses indecent language against the driver, conductor, employees of the Authority, or passengers inside public transport,
(h) Causes damage to public transport or dirties it, or throws garbage on the road from public transport, or
(i) Violates this Act or the rules made under this Act during emergency and regular inspections of public transport services.

(2) Appeals against a fine imposed pursuant to sub-section (1) shall lie in the concerned District Court. 19. Coordination Required: While operating the integrated transport system pursuant to this Act, the Authority shall implement it in coordination with the concerned Province and Local Level. 20. Approval Required: (1) After the commencement of this Act, a service provider wishing to operate public transport services within the jurisdiction of the Authority must obtain approval from the Authority before operating new public transport means.

(2) Service providers who were operating public transport services within the jurisdiction of the Authority before the commencement of this Act must obtain approval from the Authority within six months from the date of commencement of this Act.

(3) The Authority shall prepare a list of public transport approved pursuant to sub-sections (1) and (2). 21. Government of Nepal May Give Directives: (1) The Government of Nepal may give necessary directives to the Authority regarding the formulation and implementation of public transport service development and expansion plans.

(2) It shall be the duty of the Authority to comply with the directives given pursuant to sub-section (1). 22. Land May be Provided: The Government of Nepal may acquire land necessary for implementing transport management, operation, and development plans of the Authority in accordance with the prevailing law and make it available to the Authority. 23.
Urban Area Public Transport (Management) Authority Act, 2022

22. Land May be Provided: The Government of Nepal may acquire land necessary for implementing transport management, operation, and development plans of the Authority in accordance with the prevailing law and make it available to the Authority. 23. May Be Recovered as Government Dues: Fees, charges, fares, and fines payable by any person or institution under this Act or the rules made under this Act may be recovered by the Authority as government dues. 24. Shall Be According to Prevailing Law: Matters mentioned in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 25. To Submit Report: The Authority shall submit an annual report of its functions, activities, and income-expenditure to the Provincial Government within ninety days from the date of expiry of the fiscal year, and the Authority pursuant to Section 12 shall also submit it to the Ministry. 26. Contact with Government of Nepal: When contacting the Government of Nepal, the Authority pursuant to Section 12 shall do so through the Ministry. 27. Power to Make Rules: (1) The Provincial Government may make necessary rules for the implementation of this Act.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may make necessary rules for the implementation of this Act in the case of the Authority pursuant to Section 12. 28. Power to Make Regulations: (1) Subject to this Act or the rules made under this Act, the Authority may make regulations on other matters including employee service conditions and financial administration.

(2) Regulations pursuant to sub-section (1) shall come into effect after approval by the Council in the case of the Authority pursuant to Section 12, and by the Ministry dealing with transport matters of the Provincial Government in other cases.

(3) The Authority shall publish the regulations approved pursuant to sub-section (2). 29. Act Implementation Review: The Ministry shall review the implementation of this Act within one year of the completion of five years from the commencement of this Act, and subsequently within one year after every five years, and shall submit a report thereof to the relevant committee of both houses of the Federal Parliament.
Privileges and Immunities of Foreign States and Diplomatic Representatives Act, 1970

Foreign States and Diplomatic Representatives' Facilities and Immunities Act, 2027

Royal Seal and Publication Date
2027.6.18

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.07

Act No. 14 of the year 2027



An Act Made to Provide for Facilities and Immunities Relating to Foreign States and Diplomatic Representatives

Preamble: Whereas it is desirable to make provisions relating to granting facilities and immunities to foreign states and diplomatic representatives and employees of foreign states in accordance with international law and practice;

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Foreign States and Diplomatic Representatives' Facilities and Immunities Act, 2027".

(2) This Act shall extend throughout Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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

(a) "Foreign state" means a foreign state having diplomatic relations with Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(b) "Mission" means a mission established by a foreign state in Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for the purpose of performing diplomatic functions.

(c) "Head of mission" means a person appointed by a foreign state to act as the head of its mission, with the approval of the Government of Nepal deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(d) "Diplomatic employee" means an employee of the mission serving in a diplomatic post of the mission.

(e) "Diplomatic representative" means the head of mission or a diplomatic employee of the mission.

(f) "Administrative and technical employee" means an employee of the mission performing administrative and technical work of the mission.

(g) "Service employee" means an employee of the mission performing internal work of the mission.

(h) In relation to a diplomatic representative, "family" means a member of the family of the head of mission or an employee of the mission who forms part of his household and resides with him and is dependent on him.

(i) "Premises of the mission" means the buildings or parts of buildings used for any purpose of the mission, including the residence of the head of mission, irrespective of ownership, and the land appurtenant thereto.

(j) "Private servant" means a private servant not employed by a foreign state but performing domestic work for any member of the mission. 3. Inviolability of Premises of the Mission: (1) The premises of the mission shall be inviolable.