|
Preamble: Whereas,
for the overall economic development of the country it is expedient to
make
arrangements for fostering industrial enterprises
in a capetetive manner through the increment in the
productivity by making the enviornment
of industrial investment more congenial, straightforward and
encouraging,
Be it enacted by Parliament
in the twenty first year of the reign of His Majesty King Birendra Bir
Bikram Shah Dev.
SHOT LITLE AND
COMMENCEMENT
1. This Act may be called
"The Industrial Enterprises Act, 1992".
2. It shall come into force at once.
DEFINITIONS
Unless the subject or
context otherwise requires, in this Act,-
a. "Industry"
means any industry an referred to in Section 3.
b. "Cottage Industry"
means any industry as referred to in Section 4.
c. "Small Industry"
means any industry as referred to in Section 5.
d. "Medium Industry"
means any industry as referred to in Section 6.
e. "Large Industry"
means any Industry as referred to in Section 7.
f. "Fixed Assest"
means movable and immovable properties of any industry as referred to
in Section 8.
g. "Board"
means the Industrial Promotion Board constituted undersection 12.
h. "Committee"
means the One Window Committee constituted underSection 17.
i. "Operation
Date" means the date from which the concerned industryeither
starts its commercial production or provides its services.
j. "Department"
means the Department of Industries or the Departmentof Cottage and Small
Industries or any other department or officeas His Majesty's Government
may, by notification published in the Nepal Gazette, specify.
k. "Prescribed"
or As prescribed" means prescribed or as prescribed inrules made
under this Act or in an order issued by His Majesty'sGovernment by notification
published in the Nepal Gazette.
CLASSIFICATION
OF INDUSTRIES
For the purpose of this
Act, Industries are classified as follows:-
a.*Manufacturing
Industries*:Industreis which produce goods byutilising or processing
*raw
materials* semi processed materials, byproducts
or waste products or any other goods.
b. *Energy-based Industries*
: Industries generating energy from waterresources, *wind, solar,
coal, natural oil, gas, bio gas* or any
othersources.
c.*Agro and forest
based Industries*: Business mainly based onagriculture or forest products
such as integrated *sericulture* and*silk
production, horticulture and fruit processing, animal*,
*husbandary, dairy industry, poultry farming,
fishery, tea gardening*and processing *coffee farming
and processing,herbiculture* and*herb processing,
vegetables seed farming, bee-keeping*,
*honey production, rubber farming, floriculture*
and production andforestry related businesses such
as lease hold forest agro forestryetc.
d. *Mineral Industries*:
Mineral excavation or processing thereof.
e. *Tourism Industries*:
Tourist *lodging, motel, hotel restaurant*,*resort, travel agency, skiing,
gliding water rafting, cable car*,*pony
trekking., trekking, hot air ballooning,
parasailing*,*golf-course, polo, horse
riding etc*.
f. *Service Industries*:
*Workshop, printing press,consultancy*,*ginning and bailing business,
cinematography, construction business**public
transportation business, photography, hospital,
nursing home*,*educational and training
institution, laboratory, air services*,*cold storage etc*.
g. *Construction Industries*:
*Road, bridge, ropeway, railway*, *trolley bus, tunnel, flying bridge
and industrial, commercial* and *residential
complex construction and operation*.
COTTAGE INDUSTRIES
The traditional industries
utilizing specific skill or local raw material and resources, and labour
intensive and related with national tradition, *art and culture* as mentioned
in Annex I shall be named as cottage industries.
*Handloom, pedallom, semi-automatic
loom, Warping, Dyeing* and
*printing Tailoring (other than readymade
Garments), knitting*,
*handknitted woollen mat and blanket (Radi,
Pakhi), woollen carpet*,
*pashmina, woollen garments, carpentry,
wooden artistic product*,
*cane and Bamboo works, Natural fibre products,
hand made paper* and
*goods made up thereof, gold, philgiree
products* including
*silver,brass, copper, precious and semi-precious
stones,ornaments*,
*sculputers and pottery, honey, Chyuri,
cardamom processing, clay* or
*ceramic pottery, leather cutting and tanning,
rural tanning* and
*leather goods producing works, jute sabai
grass, babio, choya*,
*cotton thread products, artistic products
made up of bones* and
*horns, stone carving, ceramic fine arts,
pauwa, boutique, dolls* and
*toys industries*.
Note :-
1. Unless otherwise mentioned
specifically, machines of the above mentioned industries should not employ
through electric motors or diesel or petrol or crude oil engine more than
a total of five kilowatt. Power looms shall not be included under
cottage industries.
2. Permission shall be
required for the establishment of mechanised woollen spinning and mechanised
woollen carpet manufacturing.
5. SMALL INDUSTRIES
Industries with a fixed
asset of up to an amount of ten million rupees shall be named as small
industries.
6. MEDIUM INDUSTRIES
Industries with a fixed
asset between ten and fifty million rupees shall be named as medium
industries.
7. LARGE INDUSTRIES
Industries with a fixed
asset of more than fifty million rupees shall be named as large industries.
8. FIXED ASSETS OF INDUSTRIES
1. The fixed asset of
an industry shall consist of the following movable and immovable
assets:-
a. Land and land improvement
(works such as land levelling, filling and fencing).
b. Physical infrastructures
(such as sewerage, internal road).
c. Office, factory building,
godown, electric- distribution water distribution system and residential
building,
d. Machinery, equipment
and tools,
e. Means of transportation
f. Electrical equipment
and office equipment,
g. *Furniture, fixture
communication system and equipment*.
2. In addition to the
assets referred to in sub-section (i) above, expenses incurred or to be
incurred in connection with technical consultancy and supervision prior
to the making of investment in any industry or during different stages
of construction, and which is to be capitalized, pre-investment and pre-operation
costs as well as the amount of interest during the construction period
which is to be capitalized shall be considered as the fixed assets of
any industry.
PERMISSION
1. Industries other than
those as set forth in Annex 2 which may significantly cause adverse effect
on the security, public health and the environment, shall not be required
to obtain permission for their establishment, extension and diversification.
2. Whoever desires to
establish and industry for which a licence is required to be obtained
by virtue of sub-section (1) shall for obtaining permission, be required
to make an application to the Department in the prescribed form alongwith
the prescribed particulars.
3. If an application is
made pursuant to sub-section (2) above, the Department shall, as per the
decision of the Board, grant permission in the prescribed format within
thirty days from the date of application. If the Board decides not
to grant permission for the establishment of the industry, the Department
shall inform the applicant of such decision.
9.1 Industries Requiring
Permission
9.1.1 Defence Related
Industries
Industries producing Conventional
and Modern Arms and Ammunitions Gunpowder and Explosive, security priniting,
bank notes and coins.
9.1.2 Industries Affecting
Public Health and the Enviornment
Cigarette, Bidi, Modern
Leather Tanning, Beer and Alcohol Industries; sugar production, pulp and
paper, cement, textile washing and dyeing bitumen, chemicals 1, fertilizer,
pesticides, labricating oil producing industries, foam, carpet washing,
soap, electro-plating, photo processing, tyre tubes, L P gas, petroleum
products related industry2, Mineral based large industries, stone crushing,
forest-based medium and large industries, paints and brick industries.
Note:-
1. Chemical inudstry means any industry
procing chemicals such as sulphuric acid, nitric acid, methy iso cynate,
sodium silicate, caustic soda etc.
2. Petroleum products
related industry means any industry producing goods by processing and
utilizing raw materials such as petrol. diesel, fuel oil, natural gas,
naptha plastic granual.
10. INDUSTRY TO BE REGISTERED
1. In establishing any
industry whether or not permission to that effect is required pursuant
to this Act, registration in the Department as prescribed shall
be required to be made.
2. Notwithstanding anything
contained in sub-section (1) above, a Cottage Industry shall be required
to get registered within 6 months from the date of operation.
3. The Department shall,
within twenty one days from the date of application for registration pursuant
to sub-sections(1) and (2) above, register such industry and issue an
industry registration certificate to the applicant as prescribed.
4. The registration of
a Cottage and small industry shall be made in the Department of Cottage
and Small Industries or any district level office under the Department
or any office designated by the Department or any office designated by
the Department on its behalf and the registration of a Medium and Large
Industry shall be made in the Department of Industries or at such office
as may be designated by the Department.
11. MATTERS TO BE CONTAINED IN A LICENSE
OR REGISTRATION CERTIFICATE
A License or Registration
Certificate shall clearly contain matters relating to the facilities and
concessions to be enjoyed by the industry and the prescribed terms and
conditions to be observed by the industry.
12. CONSTITUTION OF INDUSTRIAL PROMOTION
BOARD
1. His Majesty's Government
shall constitute an Industrial Promotion Board consisting of the following
members:-
a. The Minister or State
Minister for Industries
- Chairman
b. The Assistant Minister
for Industries
- Member
c. Member (looking after
industries) National Planning Commission
- Member
d. The Governor, Nepal
Rastra Bank
- Member
e. The Secretary, Ministry
of Industry
- Member
f. The Secretary, Ministry
of Commerce
- Member
g. The Secretary, Ministry
of Finance
- Member
h. The Secretary, Ministry
of Tourism
- Member
i. The Director General,
Department of Cottage & Small Industries
- Member
j. Representative, Federation
of Nepal Chamber of Commerce and
- Member
Industries
k. Two persons nominated
by His Majesty's Government, either from among the Industry, Commerce
and tourism sector organisations
or from among the persons of high distinction in the same
field
- Member
l. The Director General,
Department of Industries Secretary
- Member
2. His Majesty's Government
may by notification published in the Nepal Gazette, make necarssary
alteration or change in the membership
of the Board.
3. The Board may, if it
deems necessary, invite any national or foreign expert or consultant at
any
meeting of the Board to participate therein
as an observer.
4. The procedures relating
to the meetings of the Board shall be as determined by the Board.
3. FUNCTIONS, DUTIES AND POWERS OF THE
BOARD
The functions, duties
and powers of the Board shall be as follows:-
a. To render necessary
cooperation in formulating and implementing policies laws and regulations
pertaining to the industrialisation of the country.
b. To give guidelines
in attaining the objectives of liberal, open and competitive economic
policies pursued by the country so as to make the industrial sector competitive.
c. To Maintain coordination
between the policy level and the implementation level of the industrial
policy.
d. To cause to follow
the ways and means for the prevention of the environmental pollution by
putting more emphasis on the avoidance of effects on the environment and
the public health.
e. To make recommendation
to His Majesty's Government for the inclusion of any industry in the classification
of industries.
f. To make recommendation
to His Majesty's Government to introduce changes in the Areas by making
evaluation thereof from time to time.
CIassification
of Areas
Remote Areas
| 1.
Darchula |
2.
Bajhang |
3.
Bajura |
4.
Humla |
| 5.
Jumla |
6.
Mugu |
7.
Kalikot |
8.
Dolpa |
| 9.
Mustang |
10. Manang |
11. Solukhumbu |
12. Sankhuwasabha |
| 13. Khotang |
14. Bhojpur |
15. Achham |
16. Dailekh |
| 17. Jajarkot |
18. Rukum |
19. Okhaldhunga |
20. Myagdi |
| 21. Tehrathum |
22. Ramechhap |
|
|
Undeveloped Areas
| 1.
Taplejung |
2.
Rolpa |
3.
Baitadi |
4.
Rasuwa |
| 5.
Gulmi |
6.
Parbat |
7.
Dadeldhura |
8.
Pyuthan |
| 9.
Doti |
10. Salyan |
11. Panchthar |
12.
Baglung |
| 13. Sindupalchowk |
|
|
|
Underdeveloped
Areas
| 1.
Kailali |
2.
Surkhet |
3.
Arghakhachi |
4.
Palpa |
| 5.
Syangja |
6.
Dhading |
7.
Lamjung |
8.
Tanahu |
| 9.
Gorkha |
10. Sindhuli |
11. Udayapur |
12.
Dhankuta |
| 13.
IIam |
14.
Kanchanpur |
15.
Bardia |
16.
Dang |
| 17. Nuwakot |
18. Kavrepalanchowk |
19. Dolakha |
|
Relatively Developed
Areas
| 1.
Jhapa |
2.
Siraha |
3.
Sarlahi |
| 4.
Mahottari |
5.
Rautahat |
6.
Satari |
| 7.
Nawalparasi |
8.
Kapilbastu |
9.
Kaski |
g. To give directives
to the concerned body after making enquires into the application submitted
by
any industry complaining that theindustry
has not received the facilities and concessions to be made
available by the Committee.
h. Other functions, duties
and powers of the Board shall be as prescribed.
14. CHANGE IN
THE CLASSIFICATION AND AREA:
His Majesty's government
may, on the recommendation of the Board and by notification published
in the Nepal Gazette, include any industry in the classification of industries
or make timely changes in the Areas mentioned in Annex 3.
15. FACILITIES
AND CONCESSIONS TO BE ACCORDED TO INDUSTRIES
Notwithstanding anything
contained in the laws relating to income tax sales tax, excise duty and
customs duties and in any other existing laws an industry shall be entitled
to receive the following facilities and concessions:-
a. No cottage industry
shall be levied sales tax, excise duty and income tax.
b. Manufacturing industries
(except *cigarettes, bidi, alcohol*, *beer, vegetables, ghee, plastic
and electronic assembly*, *energy based, agro and forest based (except
sawmill and catechu*) and *mining industries* shall be entitled to an
income tax exemption for a period of five years from the date of commercial
production by the industry.
c. The industries classified
under national priority as shall be entitiled to an income tax exemption
for an additional period of two years:
National Priority
Industries
1. Modern Sugar and Khandsari
Mills.
2. Modern oil mills processing
local oilseeds.
3. Integrated Dairy (Including
Animal Husbandary) industry.
4. Fruit and Vegetable
seed production industry.
5. Tea and coffee farming
and processing industry.
6. Fruit processing industry.
7. Herbs farming and processing
industry.
8. Baby food and hygienic
food producing industry.
9. Cotton woollen and
silk yarn industry and textile industry based thereon.
10. Leather Processing
and lether goods producing industry.
11. Commercial and professional
tools and equipment industry.
12. Slate stone and Concrete
blocks producing industry.
13. Paper industry (writing,
prinitng and Newsprint).
14. Education materials
and stationeries industry.
15. Pharmaceutical industry.
16. Medical equipment
and tools industry.
17. Engineering industry
(including agricultural and industrial tools and equipment producing).
18. Pesticides industry.
19. Chemical fertiliser
(excluding blending and mixing) producing industry.
20. Industry Manufacturing
fuel saving devices.
21. Industry manufacturing
pollution control devices.
22. Solid waste or waste
product processing industry.
23. Hydropower generation
and distribution.
24. Hotel, Resort.
25. Road, bridge, tunnel,
ropeway, flying bridge, Railways, Trolley, bus, and office and residential
complex etc.
26. Mineral based Industry
27. Caustic soda, chlorin,
Aluminium smelter etc. Industry which utilizes electricity as its main
component.
28. Hospital, Nursing
Home.
29. Computer software
Industry.
30. Export-oriented agro
based industry.
31. Precision goods.
Provided that the agro
and forest-nased industries as mentioned in Annex 4 shall be entitled
to a five year income tax exemption.
d. Manufacturing, energy-based,
agro and forest based industries other than cigarette, bidi, alcohol,
saw mill and catechu, utilising 90 per
cent or more of the local raw materils for their production and
which are not listed in Annex 4 shall be,
upon the expiration of the five year income tax exemption
period to be made a available pursuant
to clause (b) above, shall be entitled to an income tax
exemption for a additional period of two
years.
e. Industries shall be
entitiled to a reduction in tax rate on each income tax slab or corporate
tax by
5 points.
Example: If the rate of
the income tax in the existing laws is 10, 15 and 20 per cent, industries
shall
be taxed at the rate of 5,10 and 15 respectively,
and if the rate of the corporate tax is 40 per cent,
industries shall be tax at the rate of
35 per cent.
f. Industries other than
cirgarette, bidi alcohol and beer established in the Remote, Undeveloped,
Underdeveloped and relatively Developed
Areas as mentioned in Annex 3 will be granted a rebate of
60,50,20 and 10 per cent of the income
tax and 35, 25, 15 and 10 per cent of excise duty
respectively.If the annex of the classification
of Areas is changed and as a consequence of which
the industry is deprived of granted exemption,
the industry shall be entied to such exemption up
to a period of five years from the date
of such change.
g. Fruit- based fruit
processing and *cider and wine industries* with a fixed asset of up to
two million
five hundered thousand rupees established
in *Mugu, Humla, Jumla,Dolpa, Kalikot, Bajura*, *Darchula, Bajhang, Achham,
Mustang, Manang, Solukhumbu*, *Sankhuwasabha and Teplejung Districts*
shall be entitiled to an excise duty and slaes tax exemption for a period
of ten years, and fruit based alcohol industries shall be intitled to
excise duty and sales tax exemption period , His Majesty's Government
may grant excise duty and sales tax exemption to the fruit based alcohol
industries for up to an additonal period of three years.
h. While calculating depreciation
on the fixed assets, industries shall be entitiled to add one third to
the rate of depreciation allowed under
the existing income tax laws.
i. Industries established
as a Public Limited Company with a minimum of 15 percent of shares
distributed to more than 100 persons and
listed in the stock exchange shall be entiled to a reduction
of additional 5 points at the rate of the
corporate tax to be levied under clause (e).
j. If an industry diversifies
itself through reinvestment in the same or any other industry, or expands
its installed capacity by 25 per cent or
more, modernizes its technology or develops ancillary
industries, it shall be intitled to a deduction
of 40 per cent of new additional fixed assets from its
taxabel income.Such remission may be deducted
on a lump sum or on an instalment basis within a
period of three years.
k. Permission shall be
granted for a reduction of up to 50 percent from the taxable income for
the
investment of an industry on process or
equipment, which has the objective of controlling pollution or
which may have a minimum
effect on the environment.Such remission may be deducted on a lump
sum or on an instalment basis within a
period of three years.
l. Pre operation cost
incurred by any industry in connection with skill development training
shall be
allowed to be capitalized.
m. His Majesty's Government
may, on the recommendation of the Board and by notification published
in the Nepal Gazette, grant to the prescribed
tourism, service and construction industries income tax
exemption up to a period of five years.
n. After an industry comes
into operation, 10 per cent of the gross profit shall be allowed as a
deduction against taxable income on account
of expenses related with technology, product
development and efficiency improvement.
o. No income tax shall
be imposed on dividends earned out of the investment made in any industry.
p. An industry donating
an amount of up to 5 per cent of its gross income to any *school, college,
university, hospital, religious* place
and in social activities shall be entitled to a deduction of such
donated amount in course of assessing the
taxable income.
q. Up to 5 per cent of
gross income spent for the advertisement of the products or promotion
services, hospitality and any other similar
expenses shall be allowed to be deducted while assessing
the taxable income.
r. If a single industry
provides direct employment to six hundred or more people, it shall be,
in
addition to the income tax exemption under
clases (b) and (c) granted income tax exemption for an
additional period of two years.
s. If any other industry
utilizes locally available raw materials, chemicals and packing materials
etc.
on which excise duty or sales tax or both
are already imposed, the exise duty, sales tax or both
shall be rembursed to the industry utilizing
such raw material, chemicals, and packing materials. The
amount to be so reimbursed shall be refunded
within sixty days after an application to that effect
has been duly submitted.
t. No income tax shall
be levied on the profits earned through export.
u. The customs duty, sales
tax, excise duty and premium levied on raw materials and auxiliary raw
materials etc. utilized by any industry
in connection with its products during its production shall be
reimbursed on the basis of the quantity
of the export. Such reimbursement shall be made to the
exporter within sixty days after an application
to that effect has been duly submitted:
Provided that no reimbursement
will be made if an application to the effect is not submitted within
one year from the date of export.
v. An industry exporting
90 per cent or more of its products shall be entitled to enjoy the same
facilities as are accorded to the industries
established in the Export Processing Zone.
w. If an industry sells
its product withinthe kingdom in any foreign currency, the excise duty,
sales
tax and premium levied on such product
and customs duty excise duty and sales tax levied on the
raw materials, auxiliary raw materials
etc.utilized in such product shall be reimbursed. The revenue
to be so reimbursed shall be refunded to
such industry within sixty days after an application to the
effect has been duly submitted:
Provided that no reimbursement
will be made if an application to that effect is not submitted within
one year from the date of sale.
x. The customs duty, sales
tax, excise duty and premium levied on the production materials of
intermediate goods to be utilized for the
production of exportable goods, and the sales tax adn exise
duty levied on the production of the industry
manufacturing the intermediate goods shall be
reimbursed on the basis of the quantity
of export.The revenue to be so reimbursed shall be
reimbursed to the exporter within sixty
days from the date of export:
Provided that no such
reimbursement shall be made if an application to that effect is not submitted
within one year from the date of export.
y. No tax, duty or free
shall be levied on the machinery, tools and raw materials, utilized by
any
industry established in the Export Processing
Zone and on the exportable products.
16. OTHER FACILITIES
AND CONCESSIONS:
The following industries,
in addition to the facilties and concessions as set forth in Section 15
may be
granted further facilities and concessions
as below:
a. Forest-based industry
may be made available any forest on a leasehold basis.
b. No royalty shall be
imposed if any industry generates electricity for its use.
c. His Majesty's Government,amy
by notification published in the Nepal Gazette, grant additional
faciltieis to the prescribed industreis
established in the Export Processing Zone and in the
government or non government industrial
estate.
d. On the recommendation
of and with the decision of the council of Ministers, and by notification
published in the Nepal Gazette, additional
facilties may be granted to any National Priority Industry or any
industry established in Nepal by way of invention therein.
e. An income tax exemption
for an additonal period of two years shall be granted to any industry
established with a fixed capital investment
of more than seven hundred and fifty million rupees.
f. Double sales tax shall
not be levied on the raw materials and products of any industry.
17. CONSTITUTION
OF THE ONE WINDOW COMMITTEE:
1. His Majesty's Government
shall for the purpose of making avilable the faciltieis and concessions
to
be enjoyed by any industry under this Act
in time from a single place constitute a One window
Committee consisting of the following:
a. The Director - General,
Department of Industries
-Coordinator
b. The Director - General, Department of
Customs
-Member
c. The Director - General, Department of
Excise Duty
-Member
d. The Director - General, Tax Department
-Member
e. The Director - General, Sales Tax Department
-Member
f. The Director - General, Department
of Commerce
-Member
g. The Chief Controller, Neapl Rastra Bank
-Member
h. Representative Federation of Nepal Chamber
of
-Member
Commerce and Industries
i. One expert in the field of industry
and commerce
-Member
as designated by His Majesty's
Government or one representative from the Federation
2. His Majesty's Government
may, by notification published in the Nepal Gazettee, make alterations
or changes in the members of the committee.
3. The Committee may if
it deems necessary, invite any national or foreign expert or consultant
to
participate in the meetings of the Committee
as an observer.
4. The procedures relating
to the meeting of the Committee shall be as determined by the
Committee.
18. FUNCTIONS,
DUTIES AND POWER OF THE COMMITTEE
1. The functions, duties
and powers of the Committee shall be as follows:-
a. To make necessary decisions
for making avaible the facilities and concessions to be enjoyed by
any industry under this Act,
b. To perform such functions
as may be delegated by the Board under its functions duties and powers.
c. Other functions, duties
and powers of the Committee shall be as prescribed.
2. Any decision made by
the Committee in pusuance with clause (a) of sub section (1) above, shall
be required to be implemented by the concerned
body.
19. PROHIBITION
ON THE MISUSE OF FACILITIES AND CONCESSIONS:
No misuse of the faciltieis
and concessions to be enjoyed by any industry under this act shall be
allowed.
20. GUARANTEE
OF FACILITIES:
1. An industry which is
operated by obtaining permission or by getting registered under the Industrial
Enterprises Act, 1981 shall continue to
enjoy the timebound faciltieis and concessions under the Act
and with regard to the failities and concessions
for which no time has been fixed, it shall enjoy the
facilities and concessions under this Act.
2. An industry which has
been registered or has obtained permission before the commencement of
this Act but which has started its commercial
production only after the commencement of this Act
shall enjoy the facilities under this Act.
Provided that if the timebound
facilities and concessions to be enjoyed under the industrial
enterpises act prevailing at the time ofregistration
or obtaining permissions by such industry are for
more than the period as granted by this
Act or if the facilities and concessions are not to be made
acailable under this Act, nothing shall
prevent from enjoying the facilities and concessions under the
prevailing Industrials Enterprises Act.
21. INDUSTRIES
NOT TO BE NATIONALISED:
No industry shall be nationalised
22. INDUSTRIAL
MANPOWER
1. The manpower required
for any industry shall have to be recruited from among Nepali citizens.
2. Notwithstanding anything
contained in sub-section (1) above, if any industry can not be operated
without person living outside his own country
expatriate manpower, foreign nationals may be
appointed insuch industry with the perior
approval of the Department of Labour for a maximum period
of five years. If a person so appointed
happens to be a technician of a special category but not
available within Nepal such person may,
with the approval of the Department of Labour, be appointed
for up to an additonal period of five years.
3. A foreign national
who is working in any industry pursuant to sub-section (2) above and who
is
form a country wherein convertible foreign
currency is in circulation may repatriate his salaries,
allowances, emoluments etc in convertible
foreign currency is in circulation, any repatriate his
salaries allowances, emoluments etc in
convetible foreign currency in an amount not exceeding
seventy five percent of such salaries,
allowances and emoluments.
23. DUTY TO FURNISH
PARTICULARS:
It shall be the duty of
the concerned industry to furnish the industry related particulars as
prescribed to the concerned department on a regular basis.
24. DUTY TO INFORM
IN CASE OF CLOSING DOWN OF INDUSTRY
If an industry is closed
down after fulfilling the formalities as envisaged in the existing laws,
information thereof shall have to be provided to concerned department
with in seven days from the
date of closing down.
25. POWER OF
HIS MAJESTY'S GOVERNMENT
. His Majesty's Government
shall take any of the following actions against any person for establishing
any industry without obtaining permission required to be obtained under
this act or for non-compliance with the terms and conditions set forth
in the license or certificate of registration of for violating any other
provision of this Act:
a. To impose a fine in
an amount not exceding one hundred thousand rupees.
b. To cancel the registration
or permission of the industry,
c. To cause to close down
the industry
. Before taking any action
under sub-section (1), the concern industry shall be given a reasonable
time either to submit the explanation or
to correct the mistake.
3. If any industry is
not satisfied with the decision made by His Majesty's Government under
sub-section (i) above, it may file an appeal
to an Appellate Court within thirty five days of the
notification thereof.
26. DELEGATION
OF POWER
1. The Board may delegate
any or all of its powers conferred upon it by this Act or rules made
thereunder to the concerned department,
office, official, committee, any member of the Board as
necessary.
2. The Department may
delegate any or all of its powers conferred upon it by this Act or rules
made
thereunder to any other department, office
or official as necessary.
27. POWER TO
FRAME RULES
His Majesty's Government
may frame necessary rules to carry out the objectives of this Act.
28. POWER TO
REMOVE DIFFICULTIES
If any difficulty arises
in connection with the implementation of this ACT, His Majesty's Government
may issue orders to remove such difficulty
by notification published in the Nepal Gazette.
29. THIS ACT
TO PREVAIL
Notwithstanding anything
contained in the existing laws, the matters stipulated in this Act and
rules
made thereunder shall be dealt with accordingly.
30. REPEAL AND
SAVINGS
1. The Industrial Enterprses
Act, 1981 is hereby repealed.
2. All acts performed
or actions taken under the Industrial Enterprises Act, 1981 shall be deemed
to
have been performed or taken under this
act
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