Chapter-11 Miscellaneous

  1. To provide essential goods or services at fair price: The Government of Nepal may make provision to provide the essential foods or other goods or services determined pursuant to Section 19 at a fair price as prescribed.
  2. To extend support: (1) If the Department seeks support of local administration and police in the course of implementing this Act, it shall be the duty of the local administration and the police to extend such support.

                        (2) In the course of carrying out inquiry, monitoring or inspection under this Act, it shall be the duty of all the concerned to extend necessary support to the official carrying out such inquiry, monitoring or inspection or to the person, team or Inspection Officer deputed under this Act.

  1. Liability of institution: (1) If any business institution commits any act considered as offence under this Act, the official who works in the capacity of the chief administrative official of such an institution shall have the responsibility and liability of such act.

                        (2) Notwithstanding anything contained in sub-section (1), such a person shall not have to bear the liability regarding the offence occurred before he or she became the chief administrative official.

  1. Reward to informant: (1) After eventually settling the case filed upon being investigated as per the information provided by the person who provides information that the offence has been or is going to be committed, such a person shall be rewarded with the ten percent of the claimed amount recovered or one million rupees, whichever is the lesser.

                        (2) Notwithstanding anything contained in sub-section (1), no employee of the Government of Nepal or corporate institution or the family member or representative of the consumers’ organization or institution or employee deputed for monitoring or their family member shall be entitled to the reward referred to in this Section.

                        (3)  The name, address of the informant pursuant to this Section and the details of the information received from him or her shall be kept confidential.

  1. No to bar to prosecute case under prevailing law: If any act which is deemed as an offence under this Act is also deemed as an offence under other prevailing law, this Act shall not bar to prosecute the case under such law.
  2. Government of Nepal to be plaintiff: The Government of Nepal shall be the plaintiff in the cases under this Act.
  3. Investigation and filing of case: (1) The Inspection Officer shall carry out investigation of the case relating to the offence under this Act.

                        (2) The Inspection Officer shall, after completing the investigation, have to forward the matter to the concerned government attorney for the decision on whether or not to institute the case, and if decision is made by the government attorney to institute the case, the Inspection Officer shall file the case.

                        (3) While filing the case pursuant to sub-section (1), the Inspection Officer shall file the case before the Director General of the Department in connection with the case relating to the offence carrying the punishment referred to in sub-section (1) of Section 40, and before the Court if the Court has been constituted and before the District Court concerned if the Court has not been constituted in connection with the case carrying punishment referred to in sub-section (3) of Section 40.

  1. To follow summary procedures: (1) While trying and settling the cases filed under this Act, procedures shall have to be followed pursuant to the Summary Procedures Act, 2028 (1972).

                        (2) Notwithstanding anything contained in sub-section (1), general procedures shall have to be followed in the cases carrying the sentence of imprisonment for more than three years.

  1. Saving of act done in good faith: The Consumer Protection Council, Central Monitoring Committee, Local Market Monitoring Committee, Inspection Officer or any employee of the Government of Nepal, Provincial Government or Local Level shall not be personally responsible for any act done by him or her in good faith while performing his or her duties under this Act or the rules framed under this Act.
  2. To be in accordance with this Act: The matters contained in this Act shall be in accordance with this Act and other matters shall be in accordance with the prevailing law.
  3. Power to frame rules: (1) The Government of Nepal may frame necessary rules in order to implement this Act.

                        (2) The Provincial Government may frame necessary rules in order to make the activities relating to market monitoring systematic and effective pursuant to Section 27.

  1. Power to frame and enforce directives, procedures or standards: (1) The Ministry may, in order to implement this Act and the rules framed by the Government of Nepal under this Act, frame and enforce directives, procedures or standards as necessary.

                        (2) The concerned Rural Municipality or Municipality may, in order to make the activities relating to market monitoring systematic and effective pursuant to Section 28, frame and enforce necessary directives and procedures.

  1. Repeal and Saving: (1) The Consumer Protection Act, 2054 (1998) is hereby repealed.

                        (2) The acts and actions performed under the Act pursuant to sub-section (1) shall be deemed to have been performed under this Act.