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Author: Rojina

23. Annual Report

23. Annual Report:

(1) The Council shall submit an audit report to the Government of Nepal within the period of six months after the completion of its fiscal year, along with detail descriptions of its work and activities.s
(2) Social organizations or institutions affiliated with the Council shall submit audit report, to the Council within the period of six months after the completion of fiscal year along with the detail descriptions of their work and activities

27. Saving and repeal

27. Saving and repeal:

(1) The Social Service National Coordination council Act, 2034 (1977) is, hereby, repealed and shall be the rights and liabilities of Social Service National Coordination Council transferred to the Council constituted under this Act.
(2) The employees working under Social Service National Coordination Council shall be transferred to the Council constituted under this Act.

Private Forests Nationalization Act, 2013 (1957)

Private Forests Nationalization Act, 2013 (1957)
Date of Authentication and Publication
2013.10.12(25 Jan. 1957)
Amendment :
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066(2010) 1 2066.10.7 (21 Jan. 2010)
Act Number 18 of the year 2013 (1957)
………………… 2
An Act Made To Nationalize Private Forests
Preamble : Whereas, it is necessary to nationalize private forests in order to
prevent the destroy of national wealth given that forests constitute an essential
component of national wealth and to provide for the protection and proper use
of forests for the interest of the country and people;
Now, therefore, His Majesty the King has, on the advice of the Council
of Ministers, made and issued this Act.

1. Short title, extension and commencement :

(1) This Act may be called as “Private Forests Nationalization Act, 2013 (1957)”.
(2) It shall come into force at once throughout the State of Nepal.

2. Determination of private forests :

(1) For the purposes of this Act, private forests shall mean forests in all types of lands being owned and
possessed by individuals upon the remission of revenue on the whole or some parts thereof or in any manner prior to the commencement of this Act and include the barren lands within the boundary of the said forests.

_____________________________
1  This Act came into force on 15 Jestha 2065 (28 May 2008).
2 Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).

Provided that,
(a) Some sporadic trees in some distances in the cultivated lands or fruits garden within or outside
house compound and other trees inside the same shall not be considered as forests.
(b) Trees planted and grown by any person with his or her own efforts in a maximum of Twenty Five
Ropanis of land in the valley and hills and a maximum of Five Bigaha of land in the Terai shall
not be considered as forests.
(2) If there arises any question as to whether any land falls in the private forests or not or whether private forests fall in any land or not or as to the borders or area of that forests or whether any forests are private forests or not, that matter shall be decided by the officer designated by the Government of Nepal for that purpose.
(3) A person who is not satisfied with the decision of the officer designated under Sub-section (2) may make an appeal to the Government of Nepal within Thirty Five days; and the right of the forest officer to make such appeal shall also be reserved.
(4) In order to make decision upon the making of such appeal, the Government of Nepal shall form one tribunal chaired by a justice of the Supreme Court or a person qualified to become a justice of the Supreme Court, consisting of two other members nominated by it, and the decision of the tribunal shall be final.
(5) No court shall have powers to hear suits against the decision made pursuant to Sub-section (2) or (4).

3. Nationalization of private forests :

(1) The ownership of all private forests in the State of Nepal shall devolve on the Government of Nepal
after the date of commencement of this Act.
(2) The Act, indenture, authorization or other deed creating the monopoly of any person in the forests shall be repealed after the date of commencement of this Act.
(3) The laws applicable to the government forests shall also apply to the forests devolved on the Government of Nepal pursuant to Sub- section (1) after the date of commencement of this Act.

4. Effects of contracts concluded with former owners of forests nationalized : The contracts duly concluded through the Government of Nepal with the former owners of the nationalized forests shall be deemed to have been concluded with the Government of Nepal.
5. Prohibition on claiming compensation : No claim for any compensation may be made in relation to the right to the private forests deprived pursuant to this Act.
6. Power to frame Rules : The Government of Nepal may frame necessary Rules to implement the objectives of this Act.
7. Power of the Government of Nepal to remove difficulties : If there arise any difficulties with the implementation of the Sections of this Act, the Government of Nepal may publish necessary orders in the Gazette in order to remove such difficulties, and each of such orders shall be deemed to be included in this Act.

WATER RESOURES ACT, 2049 (1992)

WATER RESOURES ACT, 2049 (1992)
Date of Authentication and publication
17 Pausa 2049 (17 December, 1992)
AN ACT MADE TO PROVIDE FOR THE MANAGEMENT OF WATER RESOURCES
PREAMBLE : WHEREAS, it is expedient to make arrangements for the rational
utilization, conservation, management and development of the water resources that are
available in the Nepal in the form of surface water, underground water or in whatsoever
form, and
Whereas , it is expedient to make timely legal arrangements for determining beneficial
uses of water resources, preventing environmental and other hazardous effects thereof and
also for keeping water resources free from pollution.
NOW, THEREFORE , be it enacted by the Parliament in twenty first year of the reign of
HIS MAJESTY’S KING BIRENDRA BIR BIKRAM SHAH DEV.

2. Definition

2. Definition: in this Act ,Unless the subject or the context otherwise requires :
(a) “Water Resources” means the water that is available in Nepal in the form
of surface water, underground water or in whatsoever form.
(b) “Beneficial Uses” means rational uses of the water resources within the
available means and resources.
(c) “License” means a person or a corporate body which has obtained the
license to use water resources pursuant to Section 8.
(d) “Users Association” means Water Users Association constituted pursuant to
Section 5.
(e) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
Rules made under this Act.

4. Utilization of Water Resources

4. Utilization of Water Resources:

(1) No person shall be entitled to utilize the water resources without obtaining a license under this Act.
(2) Notwithstanding anything written in Sub-section (1), no license shall be required for the following uses of water resources.
(a) For one’s own drinking and other domestic use on an individual or collective basis,
(b) For the irrigation of one’s own land on an individual or collective basis,
(c) For the purpose of running water-mill or water-grinder as cottage industry,
(d) For the use of boat on personal basis for local transportation,
(e) For the use, as prescribed, of the water resources confined to a land by the owner of such land.
(3) A person or a corporate body making use of water resources shall make its beneficial use without causing damage to other

5 Constitution of Water Users Association

5 Constitution of Water Users Association:

(1) Persons willing to make use of water resources for collective benefits on an institutional basis may form a Water
Users Association as prescribed.
(2) The Water Users Association, constituted pursuant to Sub-section (1) shall be registered as prescribed before the prescribed officer or authority

6. Water users Association to be a Corporate Body

6. Water users Association to be a Corporate Body:

(1) Users Association shall be an autonomous and corporate body having perpetual succession.
(2) Users Association shall have a separate seal of its own for the purpose of its all business.
(3) Users Association may, as a person, have the right to acquire, enjoy, sell, dispose or arrange by any means of movable and immovable property.
(4) Users Association may sue as a person or be sued against it

7. Priority Order on the Utilization of Water Resources

7. Priority Order on the Utilization of Water Resources:

(1) While utilizing water resources following priority order shall, in general, be followed:
(a) Drinking water and domestic users;
(b) Irrigation;
(c) Agricultural uses such as animal husbandry and fisheries;
(d) Hydroelectricity;
(e) Cottage Industry, industrial enterprises and mining uses,
(f) Navigation;
(g) Recreational uses;
(h) Other uses.
(2) If a dispute arises while utilizing water resources, the prescribed committee shall, on the basis of priority order as set out in Sub-section (1), the beneficial use or misuse made of the water resources in accordance with Sub-
section (3) of Section 4 and also by conducting other necessary enquiries, decide as to whether or not or in what manner such use could be made.
(3) The decision made by the prescribed committee pursuant to Sub- section (2) shall be valid to all concerned.
(4) The procedure of the committee, as prescribed pursuant to Sub- section (2), while deciding on matters mentioned on that Sub-section, shall be as prescribed.

8. Provisions of License

8. Provisions of License:

(1) A person or a corporate body, who desires to conduct survey or to utilize water resources, shall be required to submit an application to the prescribed officer or authority along with the economic, technical and
environmental study report and with other prescribed particulars.
Provided that such study report shall not be required to be appended while applying for the license to conduct the survey of water resources.
(2) On receipt of an application pursuant to Sub-section (1), the prescribed officer or authority shall conduct or cause to conduct necessary enquiries and issue a license to the application by prescribing necessary terms according to the format as prescribed within 30 days of the receipt of such application in the case of license for conducting survey of water resources and within 120 days in the case of license for the utilization of water resources in
accordance with the priority order as set out in Sub-section (1) of Section 7.
(3) A person or a corporate body, who is utilizing water resources prior to the commencement of this Act, shall be required to submit an application along with the prescribed particulars to the prescribed officer or authority within one year from the date of the commencement of this Act except other wise provided in Sub- section (2) of Section 4.
(4) One receipt of an application pursuant to Sub-section (3), the prescribed officer or authority, after conducting necessary enquiries, shall issue a license according to the format as prescribed, within 60 days of the receipt such
application.
(5) The licensee shall have to pay charge or annual fee for utilizing water resources as prescribed to Government of Nepal.
(6) In case a licensee wishes to sell or otherwise transfer its license, it shall be required to obtain the approval from the prescribed officer or authority.

9. Utilization of Water Resources for Hydro-electricity

9. Utilization of Water Resources for Hydro-electricity:

(1) Notwithstanding anything written in Section 8, the license relating to the survey of water resources and its utilization for the generation of hydro-electricity shall be governed by the prevailing laws.
(2) With regard to the generation of hydro-electricity, other matters relating to the utilization of water resources shall be in accordance with this Act

10. Government of Nepal may Utilize or Develop Water Resources

10. Government of Nepal may Utilize or Develop Water Resources:

(1)  Nothing mentioned in this Act shall be deemed to have prevented Government of Nepal from utilizing or developing water resources on its own.
(2) Government of Nepal may, for purpose or extensive public uses, acquire and develop water resources and the land, building, equipment and structures relating thereto utilized by any person under this Act.
Explanation: For the purpose of this Act, “Extensive Public Use” means the use which does not cause substantial adverse effect to the existing use and serves benefits to larger population that the existing population benefited from it.
(3) Government of Nepal shall pay compensation as prescribed, to the concerned person for the land, building, equipment or structures relating to the utilization of the water resources taken over by it pursuant to Sub-section (2).
(4) The amount of compensation payable pursuant to Sub-section (3) shall be determined on the basis of the current price (after deducting, wear, tear and depreciation) of the land, building, equipment and structures owned by
Government of Nepal

11. Water Resources Development Project may be Turned-over

11. Water Resources Development Project may be Turned-over:
(1) Government of Nepal may, on terms and conditions as are necessary, turn-over to the users association any water resources project developed pursuant to Sub-section (1) or (2) of Section 10 after its completion.
(2) The concerned users association shall have the ownership over the project turned-over to it pursuant to Sub-section (1) and the concerned users association shall operate such project as if it has got licensee under this Act

12. Contract may be Entered into for the Utilization of Water Resources

12. Contract may be Entered into for the Utilization of Water Resources:
Notwithstanding anything written elsewhere in this a Act, Government of Nepal may, subject to the prevailing law, enter into a contract with any national or Foreign company, corporate body or person to develop or cause to develop, utilize and extend the services of any water resources on such terms and conditions as mentioned in such contract

13. Power to Fix the Terms and Conditions of the Use of Service and to Realize the Service Charge

13. Power to Fix the Terms and Conditions of the Use of Service and to Realize the Service Charge:

(1) The licensee may make available services generated out of the use of water resources developed on its own to any other person on the basis of mutual terms and conditions and realize the charge in consideration of such services rendered to them.
(2) In case where the services generated out of the use of water resources developed by Government of Nepal is made available to any other person, the service charge may be fixed as prescribed, and may be realized in consideration of
services rendered to them

14. Services may be Stopped

14. Services may be Stopped: The services to such person may be stopped who, is in default of payment of the charge for the utilization of services or utilizes the services unauthoritatively or misuses the services or acts in contravention of the terms and conditions

15. To Enter Into Other’s Premises

15. To Enter Into Other’s Premises: If Government of Nepal or the licensee requires to enter into anyone’s premises in connection with the survey or utilization of water resources, the employee of Government of Nepal or the
licensee may enter into such premises only after giving a prior notice to the concerned person. In case any loss or damage is caused due to such entry, Government of Nepal or the Licensee shall pay compensation, prescribed for such loss or damage.
Provided that such employee may, without giving prior notice, enter into the concerned premises to rescue from any accident or if there is a reasonable ground to suspect that water resources is being unauthoritatively used or misused in such premises.

16. Utilization and Acquisition of Other’s Land and House

16. Utilization and Acquisition of Other’s Land and House:

(1) If it is required that the land or house of any person be used or acquired for the purpose of  performing any of the following function, the licensee may submit an application to Government of Nepal :
(a) For the construction of a dam or barrage,
(b) For the construction of canal, ditch or tunnel,
(c) For the construction of a water tank on the surface or underground or for laying pipe,
(d) For the construction of ponds or installation of a water distributing centre,
(e) For performing any other necessary work related to the development of water resources.
(2) On receipt of an application pursuant to Sub-section (1), Government of Nepal may, after conducting necessary enquires into the matter, make available such land or house in the same manner as it makes available to any corporate body under the prevailing laws.
(3) If a construction work relating to the development and utilization of water resources has been performed by Government of Nepal or a licensee, Government of Nepal may prohibit to use the premises of a house or land located
in the area where such construction work is performed or the premises of a house or land located in the prescribed distance from such place of construction by any other person for any specified purpose. Government of Nepal or the licensee shall pay compensation, as prescribed, to the concerned person for such damage or loss caused due to such prohibition

17. Security of Structure Related to the Utilization of Water Resources

17. Security of Structure Related to the Utilization of Water Resources:

(1) Government of Nepal may make necessary arrangement for the security of any structure related to the utilization of water resources, on the request of licensee or by itself, if it deems it necessary to provide such security.
(2) If security arrangement is made pursuant to subsection (1) on the request of the licensee, all the expenses incurred for such security shall be borne by the licensee.

18. Fixing of Quality Standard of Water Resources

18. Fixing of Quality Standard of Water Resources:

(1) Government of Nepal may, by a notification published in the Nepal Gazette, fix the necessary quality
standard of water resources for various uses.
(2) While making use of water resources, the quality standard as prescribed pursuant to Sub-section (1) shall be maintained.

19. Water Resources not to be Polluted

19. Water Resources not to be Polluted:

(1) Government of Nepal may, by a notification published in the Nepal Gazette, prescribe the pollution tolerance limit for water resources.
(2) No one shall pollute water resource by way of using or putting any litter, industrial wastes, poison, chemical or toxicant to the effect that the pollution tolerance limit of the water resource as prescribed pursuant to Sub-section (1) is exceeded.
(3) The prescribed officer may, as required, examine or cause to examine to determine as to whether or not the water resource has been polluted or the quality standard as prescribed pursuant to Sub-section (1) of Section 18 has
been maintained.

21. License may be Cancelled

21. License may be Cancelled:

(1) If the licensee performs any act contrary to this Act or Rules made under this act, the prescribed officer may issue an order to the concerned licensee by prescribing necessary improvements to be made on such activity within the specified period.
(2) If the licensee makes no improvement within the prescribed period pursuant to Sub-section (1), the prescribed officer may cancel the license of such person.
(3) Prior to the cancellation of license pursuant to Sub-section (2), the  prescribed officer shall give the licensee a reasonable opportunity to explain his innocence.

22. Penalties

22. Penalties:

(1) The prescribed officer may impose a fine upto an amount of five thousand rupees to any person who acts in contravention of this Act or Rules made under this Act and realize compensation also for such damage from such person if damage is caused to anybody due to such act.
(2) The prescribed, officer may impose a fine up to five thousand rupees and cause to close such activity if any person utilize the water resources without obtaining the license which is required to be obtained under this act or without
observing the terms and condition set forth in the license.
(3) If a person steals, misuses or uses unauthoritatively the services developed out of the water resources pursuant to this Act, such person may be punished with a fine at par with the value of the services and the value of such
services shall be realized from such person by the prescribed officer.
(4) If any person causes adverse effect, demolishes, destroys or causes harm otherwise with mala fide intention to any source of drinking water, dam, canal or any structure related to the utilization of water resources or any other
structure related to the same or induces to do the said acts or attempt to do so, such person may be punished with a fine at par with the value of the damages or with imprisonment up to ten years or both realizing the value of such damages from such person.

23. Appeal

23. Appeal: Any person who is not satisfied on the decision of the compensation pursuant to Section 10, 15, or 16 or the decision of the cancellation of license pursuant to Section 21 or an order of the punishment issued by the prescribed officer pursuant to Sub-section (1), (2) or (3) or Section 22, an appeal against such decision or order may lie in an appellate court within a period of thirty five days

24. Power to Make Rules

24. Power to Make Rules:

(1) Government of Nepal may frame Rules in order to carry out the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Sub- section (1), Government of Nepal may frame Rules, in particular, on the following subjects:
(a) Matters relating to drinking water, irrigation, navigation, industrial and recreational uses and matters related to similar uses of water resources.
(b) Matters relating to conservation of water resources and the control of flood and soil erosion.
(c) Matters relating to the conservation of environment.
(d) Matters relating to fee, charges etc. payable to Government of Nepal    for the utilization of any service related to water resources.
(e) Matters relating to the pollution prevention of water resources.
(f) Methods of various uses of water resources.
(g) Matters relating to the setting of standards of services, generated from the utilization of water resources.
(h) Matters relating to accident caused by the utilization of water resources and enquiries into such matter and matters relating to compensation thereto.
(i) Matters relating to users association and other matters related to users including protection and facilities to be provided to the users.
(j) Other necessary matters relating to the development and utilization of the water resources.

25. Repeal and Savings

25. Repeal and Savings:

(1) The Canal, Electricity and Related Water Resources Act, 2024 is hereby repealed.
(2) Any act performed under the Canal, Electricity and Related Water Resources Act, 2024 and Rules and order made under the said Act prior to the commencement of this Act shall be deemed to have been performed under this Act.

PRIVATIZATION ACT, 2050 (1994)

PRIVATIZATION ACT, 2050 (1994)
DATE OF ROYAL SEAL OF ASSENT :
19 paush 2050 (Jan.03,1994)
Preamble: Whereas, in order to increase the productivity through enhancement of efficiency of the state owned enterprises of Nepal, and thereby, mitigate the financial administrative burden to the Government, and to usher in all round economic development of the country by expanding the participation of private sector in the operation of such enterprises, it is expedient in the national interest to privatize such enterprises and to make arrangements therefor.  Now, therefore, be it enacted by the Parliament in the twenty second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev

2. Definitions

2. Definitions: Unless the subject or context otherwise requires, in this Act –
(a) “Enterprise” means a company, corporate body, industry or any other institution wholly or partly owned by Government of Nepal  and this expression shall also include other company, corporate body, industry or any other institution under the control or ownership of such company, corporate body, industry or any other institution.
(b) “Privatization” means involving private sector in the management, or to sell or lease it , or to transfer government
ownership into public ownership, or an act to infuse participation by any means, either wholly or partly, of private sector or of the employees or workers, or of all interested groups.
(c) “Government Sector” means the sector wherein Government of Nepal has directs, or indirectly whole or partial ownership in or has control over the management of any Enterprise.
(d) “Private Sector” means the sector other than the Government Sector.
(e) “Committee” means the Privatization Committee constituted pursuant to Section 3.
(F) “Prescribed” or “as prescribed” means prescribed by or as prescribed in the Rules made under this Act.

3. Formation of Privatization Committee

3. Formation of Privatization Committee :

(1) A Privatization Committee shall be formed to manage the privatization of enterprises.
(2) The Committee to be formed pursuant to Sub-Section (1) shall consist of the following members.
(a) Minister or State Minister for Finance…Chairman

(b) Chairman, Finance Committee (House of Representatives)……………… Member
(c) Two Members of Parliament nominated by the Government of Nepal………… Member
(d) Member, National Planning Commission… Member
(e) Secretary, Ministry of Finance…………. Member
(f) Secretary, Ministry of Law, Justice and Parliamentary Affairs…………….. Member
(g) Secretary, Ministry of Labour…………….. Member
(h) Secretary (Ministry Concerned with the enterprise being privatized)……………… Member
(i) President, Federation of Nepalese Chamber of Commerce and Industry………….. Member
(j) Joint-Secretary, Ministry of Finance  (Corporation Co-ordination Division)…….Member-Secretary
(3) The Committee shall, if necessary, invite the Chief of the enterprise, labour representatives and any distinguished economist in the meetings of the Committee.

4. Powers, Functions and Duties of the Committee

4. Powers, Functions and Duties of the Committee :

The Powers, functions and duties of the Committee shall be as follows;
(a) To recommend, Programmes and priorities of privatization, to the  Government of Nepal in view of suggestions contained in the Finance Committee (House of representatives) Report.
(b) To conduct study or research in order to formulate privatization programs .
(c) To require evaluation of the enterprise and to recommend Government of Nepal on the process of privatization;
(d) To co-ordinate and remove hindrances faced in the cause of privatization process .
(e) To follow-up the decisions and agreements relating to privatization and cause to do so;
(f) To constitute sub-committees, as may be necessary, in respect of privatization; and

(g) To perform or require to be performed other works, if necessary, in respect of privatization.

5. Committee Meeting and Decision

5. Committee Meeting and Decision :

(1) The meeting of the Committee shall be held on the date, time and place designated by the Chairperson.
(2) The Chairperson of the Committee shall preside over the meeting of the Committee, and in his/her absence, the meeting shall be presided over by a member selected by the members present from among themselves.
(3) In the Committee, the decision of the majority shall prevail; in case of a tie, the presiding person shall have a casting vote.
(4) Attendance of members present in the meeting, agenda, and the decision made thereon shall be recorded in a Minute Book.
(5) The decisions of the Committee shall be certified by the member- secretary.
(6) The Committee may, if necessary, invite any national or foreign expert or consultant to attend the meeting as an observer.
(7) Procedures, relating to the meetings, shall be as determined by the Committee.

6. Publication of Notice for Privatization

6. Publication of Notice for Privatization

(1)_ If Government of Nepal deems necessary to privatize an enterprise classified for privatization, it shall
publish notice to this effect in the Nepal Gazette.
(2)After publication of the notice pursuant to Sub-Section, (1) Government of Nepal shall determine the process of privatization according to the provisions of this Act.

7. Evaluation Process of Enterprises

7. Evaluation Process of Enterprises :

(1) For privatization of an enterprise the Privatization Committee shall appoint a team of national experts or, if
necessary, a joint team of national and foreign experts for evaluation of the enterprise.
(2) The team of experts, in the course of evaluation of the enterprise pursuant to Sub-section (1), shall make an assessment on the basis of the assets of the enterprise, market price of shares, profit and loss of the enterprise, and it potential for future production, sales, profit and loss.

8. Determination of Privatization Process

8. Determination of Privatization Process :

Government of Nepal may  privatize any enterprise which has been classified for privatization in pursuance of any or all of the following processes –
(a) By sale of shares of the enterprise to the general public, employees, workers, and any person or company, interested in the management of such enterprise.
Provided, participation general public, workers and employees shall be maximized to the extent possible taking
into account of the nature and financial condition of the enterprise in the course of sells of such shares.
(b) By formation of cooperatives ;
(c) by selling assets of the enterprise;
(d) By leasing out the assets of the enterprise;
(e) By involving private sector in the management of the enterprise; and
(f) By adopting any other modality considered appropriate by Government of Nepal on the basis of the recommendation of the Committee.

9. Proposals for Privatization

9. Proposals for Privatization : While privatizing any enterprise, Government of Nepal shall invite proposals relating to such privatization by publishing a notice in a national newspaper giving necessary details of such enterprise in conformity with international practice.

10. Evaluation of the Proposals

10. Evaluation of the Proposals :

(1) The Committee shall evaluate proposals, received from the private sector pursuant to the notice published
under Section 9, on the following basis –
(a) Attractive price;
(b) Management of the enterprise without changing its nature;
(c) Retention of the services of present workers and employees;
(d) Enhancement in the employment opportunity;
(e) Managerial experience; and
(f) Expansion of the enterprise and business by preparing a good business plan and making additional investments.
(2) While evaluating proposals pursuant to Sub-Section (1), if the proposals of two or more investors are found to be identical, priority shall be given to the Nepal investor or the group of Nepali investors.