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Essential Goods Protection Act, 2012 (1955)

Amendments

Amendments
1. Essential Goods Protection (First Amendment) Act, 2018 2018.9.13
2. Some Nepal Acts (Amendment and rearrangement) Act, 2020 2020.11.16
3. Essential Goods Protection (Second Amendment) Act, 2024 2024.7.6
4. Judicial Administration Reform (First Amendment) Act, 2033 2033.4.10
5. Essential Goods Protection (Third Amendment) Act, 2038 2036.6.14
6. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
7. Administration of Justice Act, 2048 2048.2.16
8. Some Nepal Acts Amendment Act, 2048 2049.1.8

2. Definitions

♥ 2. Definitions : In This Act, unless the subject or context otherwise requires, the expression “Essential Goods” means the following goods and goods laying with it
or other goods attached to it:-
(a) Telegraph, Telephone,
This Act does not contain long Title.
The word ‘Preamble’ has not been used in this Act.
(b) Ropeway, Railway,
(c) Highway, Main Roads, Bridge,
(d) Sewerage Pipe Line,
(e) Source of Drinking Water developed by the Government of Nepal or any other institution or developed with the permission of the
Government of Nepal or other institution,
(f) Electricity, Instruments for the production of the Electricity,
(g) Weather and water resource related Stations,
(h) Airport, Communication Cable Line laying within or outside of the Airport, Antenna, Radio Communication Stations, Radder, Security
or other signals and other identical instruments,
(i) Petrol, Petrol Pump Stations, Fuel Depots,
(j) Pati, Pauwa and Sattal (House made for religious or charity purpose to use for a short period by the public g without costs)
(k) Any other goods appointed by Government of Nepal by publishing a Notification in the Nepal Gazette.

3. Restricted to unauthorized person and penalty for commission

3. Restricted to unauthorized person and penalty for commission : No one, on his/her own or using anybody else, shall pull out, break down and destroy by
any means, steal or cause for the same any of the essential goods. Whosoever, commits or causes to commit such act, he/she shall be liable for a punishment of
realization of the amount involved therein and a ♦ fine equal to such amount or with both, in addition to the punishment prescribed by the prevailing Act and
Sawal. Provided that, whosoever commits any of the acts, other than stealing as  mentioned here above, it shall not be considered to be an offence if it is done for
the purpose of construction or maintenance with the permission of the owner. Furthermore, in case of any accidental loss, if somebody informs the same to the Government Office, it also shall not be considered an offence pursuant to this Section. The amount of loss shall be realized at any cost.

4. Aid to an unauthorized person or concealmeant to be punishable

4. Aid to an unauthorized person or concealmeant to be punishable : In case the residents of any place get involved with the person who steal or do anything
illegal/nuisance or provide any help or harbour or hide or save them from offense or hesitate to stop any offense or knowingly refrain from informing the offense,
such person (man) shall be punished pursuant to Section 3.

5. Powers of Local Body or Administrative Officer

5. Powers of Local Body or Administrative Officer : Everybody shall protect the essential goods. In case, essential goods are being lost, stolen or damaged by
any other means time and again, in any area (locality), the nearby Village Development Committee or Municipality, District Development Committee or the
Administrative Officer shall arrange for the security of the essential goods.

6. Power to use necessary force against the offender

6. Power to use necessary force against the offender : In case, an offender tries to flee by using or without using any force in the course of arrest from the spot
(Crime Scene), he/she shall not be given any opportunity to run away. In case the situation demands to use any arm or ammunitation, the Head  Constable or officer senor to him/her from the Police Force or by the command or officer senior to him/her from Nepal Army or if it is from any other force, the command or officer of the same rank may, own their own or through any subordinate, issue order to use weapon or shot below the knee and arrest such person. No Government employee shall be punished for the death of any person in the course of arresting him/her, as mentioned herein.
Explanation: For the purpose of this Section, other force means Militia, Pionier, reserve, Garizen, or any other organized force.

8. Penalty for Attempt

8. Penalty for Attempt: Whosoever is arrested on the spot while trying to steal or damage or committing such offence, such person shall be absolutely liable for
imprisonment for a period of one year, in case he or she is not a recidivist in the similar offense. If he/she is a recidivist, he/she shall be liable for the double of the
imprisonment so mentioned.