Name : Priyanshu Singh

Roll No: 16034

Subject: Moot Court Exercise and Internship ( LDPC 591 )

Question No. 1

Legal Opinion

No.11

Case Description:

Mrs shreema deposited a bag in a cloak-room at the hotel. He received a paper ticket which read ‘See back’. On
the other side were printed several clauses including “The hotel will not be responsible for any package
exceeding the value of Rs. 5000. The plaintiff presented his ticket on the same day, but his bag could not be
found. He claimed 15,000. as the value of his bag, and the company pleaded the limitation clause in defence.

What will be the advice or opinion if Mrs. shreema seek the opinion?

Analysis of facts:

Limitation clauses are an important part of contracts. They are where the contract spells out what each
side will be held responsible for under the specific terms and conditions also outlined. Contracts are formed surrounding
general stipulations, basically what is being sold or agreed to, and the limitation clause covers what a party will owe to the
other if they don't hold up their end of the agreement. This consequence is also called a liability.

Most businesses and contractors will want to include limitation clauses in all of their contracts because they are always
taking a risk when entering into an agreement. Rather than allowing the risks in an agreement to have the potential to wipe
out their company, business owners can use the limitation clause to make a cap or limit to what they can be forced to pay in
damages. Sometimes this limit will work for any claims that might come up throughout the period of the agreement, other
times it will only cover particular types of legal issues.

If a company with a limitation clause in their contract is sued by a contractor, their clause might limit the contractor to only
taking the amount for payment they originally agreed upon, rather than additional damages. This means businesses are able
to enter into contracts without worrying about massive risks with each one. If every contractor agreement could put you out
of business, it would be hard to weigh those risks.

Likewise, independent contractors can benefit from limitation clauses. Design and IT contracts frequently use limitation
clauses.

Applicable Laws:

Common Law Origins

Common law defines lost property as personal property that was unintentionally left by its true owner. For example, a wallet
that falls out of someone's pocket is lost. 

At common law, a person who found lost personal property could keep it until and unless the original owner comes forward.
This rule applied to people who discovered lost property in public areas, as well as to people who discovered lost property
on their property. 

Modern Interpretations

Many jurisdictions have statutes that modify the common law's treatment of lost property. Typically, these statutes require
lost personal property to be turned over to a government official, and that if the property is not claimed within a set period of
time, it goes to the finder, and the original owner's rights to the property are terminated.

Case Laws:

Hinmont vs. crempel

A contract not performed due to the mentioned context is not liable to pay until and unless mentioned in the contract. This
was decided by the judge in the case of hinmont vs. crempel.
The legal issue or questions

Should the pay for the lost bag of Mrs. Shreema?

Answer:

No, since the hotel has previously mentioned in its booklet that there will not be any sort of
repayment if the belongings are lost as it has to be looked after by their guests itself.
Also, the defence based on the articulation of limited clause is justifiable.

Question no. 4
Question no. 2
DRAFT

An Act made to Regulate the Matters Relating to the

Security Service

Preamble: Whereas, it is expedient to make legal provisions to regulate the

security service for the public interest. Also to make the security service area

easier by emphasizing on procurement as it is desirable to manage man power the

government has made this security service Act.

Now, therefore, This Act has been enacted by the Federal Parliament.
 Chapter 1
Preliminary

1. Short title and Commencement: (1) This Act may be called as the
“Security Service Act, 2077”
(2) This Act shall come into force immediately.
2. Definition: In this Act, unless the subject or context has any other meaning
a) “Business” means any business related with the security service.
b) “Committee” means the Committee constituent pursuant to Section
33,
c) “Judicial Committee” means the Judicial Committee; constituted
pursuant to the Section 31
d) “License” means the license issued pursuant to the subsection (1)
of section 6 is the License.
e) “Licensee” means the person have received license pursuant to the
subsection (1) of section 10 the Licensee.
f) “Man power” means any human available for the commencement
of Security Service.
g) “Monitoring Committee” shall mean the Monitoring Committee at
the provincial or local level as per Article 16.
h) "Preliminary Environmental Examination" means an
environmental impact assessment under the Environmental
Protection Act 2053.
i) "Environmental Impact Assessment" means the Environmental
Impact Assessment as per the Environmental Protection Act 2053.
j) “Criteria” means the criteria as per Section 17.
 k) "Revenue" means the government revenue that has to be paid to
the state government for the collection of stone, ballast, sand, clay,
rock, seventy-two etc.
l) "Prescribed" or "as prescribed" means prescribed or as prescribed
in the Rules as made pursuant to this Act.

Chapter 2

Matters relating to Security Service registration and License

3. Security Service must be registered: (1) No one shall establish or operate a

security service without registration in accordance with this Act. (2)
Notwithstanding anything contained in subsection (1), the prevailing
industrialists at the time of its commencement. It must be submitted as of the
Schedule 1.
4. No business shall be made without having a license : No person shall have to
operate a business without having a license pursuant to this Act.
5. Enquiry to be made: The committee shall make an enquiry; whether the
applicant is eligible or not to obtain the license; based on the eligibility as
stipulated under Section 10
6. Issuance of the License: (1) After making an enquiry pursuant to Section 5, the
Committee, may issue a license to the applicant, if satisfied that applicant is
eligible to obtain the license.
7. License to be obtained by the existing entrepreneur : Any person is operating
such business prior to commencement of this Act; have to obtain the license
pursuant to this Act; within six months from the date of the commencement of
this act.
8. Application to be submitted: (1) any person, who intends to operate a business
shall make an application to the Committee to obtain the license; as in prescribed
form, including the prescribed fees.
(2) The documents to be submitted along with the application pursuant to
subsection (1); shall be as prescribed.
9. Application for registration of security shall be made: (1) A person wishing to
establish a security service in accordance with this Act shall submit an
application to the body registering the service in the prescribed format along with
the prescribed details and documents.
 (2) The electronic signature shall also be valid while certifying the application and
acceptance documents and such documents may be submitted in electronic form.
10. Certificate of Security Service Registration Certificate to be issued: (1) If the
required details and documents have been completed while investigating the
application for registration of security service and the procedure as per this Act
or other Industrial Act and regulations made under it has been completed, the
body shall register the security service within fifteen days. The certificate should
be obtained as per the demand and the security service should be registered and
the security service registration certificate should be given to the licensee or the
applicant in the prescribed format.
(2) If there is an environmental impact assessment or initial environmental
testing after the service is registered. Only after doing so will the service be
established, operational, commercial production or business started.
(3) If any further details or documents are required to be sought while examining
the application pursuant to Sub-section (1). The registering bodies to submit such
additional details or documents to the concerned applicant within seven days will
be apply.
(4) The following details should also be disclosed in such certificate:
a) Date of issue of Security Service Registration Certificate,
b) The period when the security service has to start commercial production or
business,
c) The conditions to be followed by the security service,
d) Other centuries as prescribed by the security service.
(5) If the person fails to submit the details or documents demanded or this Act.
If the process as per the rules made under the Act is not completed, the body
registering the service reasons for disclosure of service registration application
may be rejected and the applicant concern will have to give.
(6) The instructions given from time to time by the registering body of the
security service registered in accordance with this Article and Registration must
comply with the above mentioned conditions.
11. Elimination of adverse effects on the environment: The security service will
be responsible for resolving the adverse environmental impacts that may or may
not occur on the environment during the operation of the security service.
12. Permission to be obtained: (1) Anything else written in this paragraph shall be
registered. Prior permission must be obtained from The Committee and Judicial
committee:
(2) If the required details and documents are found to be attached while
examining the application and related documents, the body registering the
security service shall submit its opinion to the Committee and Judicial
Committee for decision.
(3) Pursuant to this Article, the Committee and Judicial Committee shall have
to decide within one month whether to allow the registration of security service
or not.
4) In case of decision to grant permission from Committee and Judicial
Committee pursuant to Sub-section (3) Within fifteen days from the date of
receipt of information in the format prescribed by the security service
registration body license will have to be given.
(5) The security service within the period specified in the license after
obtaining the license need to apply for registration.

13. Monitoring: (1) The body or office registering the security service may regularly
monitor the service for non-compliance with the conditions mentioned in the
security service registration certificate. A provincial monitoring committee will
be formed to monitor.
2) The Monitoring Provincial Monitoring Committee shall have the following
Posts:
a) Office of the Secretary, Chief Minister and Council of Minister----
Coordinator
b) Secretary Ministry Member
c) Secretary Ministry of Internal Affairs and Law---------------------Member
d) Secretary Ministry of Economic Affairs and Planning-------------Member
e) State Police Chief Member
 f) District Coordinating Officer District----------------------------------Member
g) Chief Minister of Environment Division-----------------------Member Secretary

14. Criteria related to establishment and operation of security service: (1)

manpower, their maintainence and establishment of security service shall be as
per Schedule 3 and Schedule 4.
(2) In relation to establishing or enforcing the standards pursuant to this Article,
the Government of Nepal and The instructions of the state government have to be
followed.
(3) The security service registration and other matters related to operation shall
be as prescribed by the prevailing law.
(4) Industries that do not meet the criteria for compliance with this Code of
Conduct currently in operation within three months. It will have to be transferred
or managed according to these criteria.

15. Notice of commencement of commercial business: The security service

registered under this Act shall, within the period specified in the Service
Registration Certificate, operate the service or commence its commercial
production or business and shall inform the security service registration body.

16. Validity Period and Renewal of the License: (1) The validity period of the
license shall be of one fiscal year; the validity period of the license shall expire on
the last day of that fiscal year irrespective of the date of issue of such license.
(2) Any licensee may make an application to the committee to renew the license
prior to one month before the license expires; as in prescribed form including the
prescribed fee.
(3) The documents to be submitted along with the application for the renewal
pursuant to subsection (1); shall be as prescribed.

17. Approval should be obtained for relocation of security service: (1) To operate
in any one place if the registered security service has to be relocated for any
reason, the reason is open. In the prescribed format for transfer of service to the
security service registration body have to apply.

18. Details to be provided: (1) Every security service has commercial transaction
the details as specified after commencement are on the end of each financial year
must be submitted to the service registration body within a month.

19. In case of closure of security service, information should be given : If the

security service registered under this Act closes for any reason or suspends
commercial production or business of the service, such closure or suspension shall
be reported to the service registering body within seven days from the date of
closure.
20. Application can be made to revoke the registration of security service: (1)To
operate security service for any reason. If not, to the security service
 registration body for de-registration of such service the application can be
submitted in the prescribed format along with the prescribed documents.

21. Suspense and Annulment of License: : (1) The Committee may suspense or
annulled the license respectively; if the applicant has violate the instruction or
order as issued by the Committee.
(2) Before making a decision regarding to the suspension or annulment of the
license pursuant to subsection (1); the Committee have to give a reasonable
opportunity to the licensee to give a clarification on such issue.
 Chapter 3

Terms and Condition to be fulfilled by the Licensee

22. Terms and Condition of the Licensee: (1) The terms and conditions regarding
to operation of the business of the licensee shall be as prescribed.
(2) It shall be duty of the Licensee that the terms and condition as prescribed
pursuant to the subsection (1) shall be maintained and followed.
23. Inspection, Monitoring and Supervision: (1) The Committee may make an
inspection, monitor and supervise the business activity as performed by the
licensee; whether such business has been performed or not according to the terms
and condition as prescribed pursuant to the Section 17.
(2) The committee may issue an order, instruction or notice to the licensee;
during inspection, monitoring and supervising the performance of the business.
(3) It shall be a duty of the licensee; to fulfilled the order, instruction or notice as
issued by the Committee pursuant to subsection (2)
24. Complain may be made: (1) If any person has been exploited or suffered from
the business activities of the licensee; may file a written complaint to the
Committee; against the licensee by giving detail information regarding the
dissatisfied applicant may lodge a complaint with the Ministry of Information
therein as in prescribed form.
(2) The claimant may also claim any compensation with the licensee; during to
making a claim pursuant to subsection (1) for any damage or loss; as made
regarding to conduct his business with the licensee.

Chapter:4

Classification of security service and fixed capital

25. Classification of Industries: (1) For the purpose of this Act, the industries have
been classified as under: -
a) Private security
b) Public security
26. Fixed Capital of Service: (1) For the purpose of this Act, while evaluating the
fixed capital of the service, the following assets shall be assessed on the basis of:

a) Central office
b) Training centre
c) Tools and equipments
d) Trainers

(2) In addition to the property mentioned in sub-section (1), before the

establishment of service or several of construction expenditure incurred in the
following phases will also be assessed as fixed capital of the service:
a) Technical and supervision costs to be capitalized,
b) Pre-investment and pre-operating expenses,
c) Interest expense to be capitalized.

Chapter:5

Provisions related to Security Service Committee

27. Formation of Service and Judicial Committee: (1) The following Service and
Judicial and Committee has been formed to make necessary policy decisions
including facilitation and coordination with the objective of accelerating the pace
of industrialization by promoting, establishing, protection and expansion of
service.
a) Minister of Service or Minister of State - Chairman
b) Minister of State for Service (presided over by the Minister of Service) -
Member
 c) Assistant Minister of Service - Member
d) Member, National Planning Commission (Service Sector) - Member
e) Governor, Nepal Rastra Bank - Member
f) Secretary, Ministry of Service - Member
g) Secretary, Ministry of Finance – Member
h) Secretary, Ministry of Labor and Employment - Member
i) Secretary, Ministry of Commerce - Member
j) Secretary, Ministry of Agriculture Development - Member
k) Secretary, Ministry of Information and Communication - Member
l) Secretary, Ministry of Energy - Member
m) Secretary, Ministry of Forest and Soil Conservation - Member
n) Chief Executive Officer, Investment Board Member
o) Director General, Department of Home and Small Industries - Member
p) Joint Secretary, Industrial Promotion Division, Ministry of Service –
Member
q) President, Federation of Nepalese Chambers of Commerce and Service
r) President, Confederation of Nepalese Industries – Member
s) Chairman, Nepal Federation of Small and Household Industries
t) President, Federation of Women Entrepreneurs – Member
u) From among the experts in the field of service
v) At least one woman entrepreneur and two members nominated by the
Government of Nepal
w) Director General, Department of Service - Member – Secretary
28. Functions, Duties and Powers of Judicial Committee: (1) In addition to the
other functions, duties and powers mentioned in this Act, the functions, duties
and powers of the Committee and Judicial Committee shall be as follows:
a) To make policy decisions related to industrial promotion, protection of
investment, growth and industrialization,
b) Any obstacle, hindrance or dilemma in the implementation of service related
laws to facilitate a solution if it arises,
c) Policy, legal, institutional and procedural structure related to the overall
industrialization of the country regularly review the working system and make
necessary recommendations to the Government of Nepal,
d) To make necessary policy decisions regarding foreign investment and
technology transfer subject to the prevailing law,
e) to make policy decisions related to industrial pollution control,
f) to make suggestions and recommendations to the Government of Nepal to
take necessary steps after overall evaluation and review of the state of
industrial development of the country,
g) The services, facilities and services to be provided to the service in
accordance with this Act and the prevailing law, If there is any difficulty in
providing concessional industries, it will be resolved.
 h) to solve the problem by hearing the complaint of the industrialist or to get it
done and to guide the concerned body,
i) to make recommendations to the Government of Nepal if there is a need to
add or change the standard and classification of the service and its nature,
j) To make recommendations and suggestions to the Government of Nepal for
conducting study, research and survey as per the need to increase and
encourage industrial investment and foreign investment.
k) to make necessary policy decisions regarding ensuring the quality of goods or
services produced by the service,
l) To give necessary suggestions to the Government of Nepal for the
development and use of integrated industrial information management system,
m) to take necessary action to create a competitive industrial environment
through effective, coordinated and harmonious cooperation of public, private
and cooperative sectors;
n) to take necessary action to accelerate the pace of industrialization in the
country,
o) To do or cause to be done other works as prescribed.
2) Notwithstanding anything written in the prevailing law, direct in service and
business with the Committee and Judicial Committee through the Ministry when
formulating or changing any policy to the effect Consultation will be required.
29. Formation of the Committee: (1) A Security service related committee to
regulate the security Business; shall be formed consisting the chairperson and
members as following. (Majority representative from public sector, no conflict of
interest; from the person who himself operating such business)
a. Minister of State for Service – Chairman
b. Secretary, Ministry of Energy - Member
c. Secretary, Ministry of Forest and Soil Conservation - Member
d. From among the experts in the field of service – Member
e. At least one woman entrepreneur and two members nominated by the
Government of Nepal - Member
f. Director General, Department of Service - Secretary
g. Joint Secretary, Industrial Promotion Division, Ministry of Service –
Secretary
(2) The tenure of the Chairman and Members of the Committee shall be of
two years. (Except the exofficio)
(3) The meeting procedures of the Committee shall be as prescribed.
30. Functions, Duties and powers of Committee: The functions, duties and powers
of the council shall be as follows:
(a) Policy formation
(b) Fixing of Quality Standard
(c) To perform other function, duties and power as prescribed.
 Chapter 6

Offence and Punishment

31. Offence shall be deemed: The following acts shall be deemed offence pursuant
to this Act:–
(a) If any person has operate the business without obtaining a license pursuant to
the Section 3
(b) If any person has violate the order issued pursuant to Section17 and
subsection .
32. Provisions relating to punishment: (1) Necessary monitoring as prescribed by
the Service Development Office of the concerned district in relation to whether
or not someone has established or operated an service without registering the
service in accordance with this Act. In case of investigation or inspection, it is
found that the service has been established or operated without registering the
service as per this Act have to send it to the office.
(2) If a report is received pursuant to Sub-section (1), the Ministry may give such
person a maximum of three months to register the service in accordance with
this Act and bring it into operation and submit the proof thereof.
(3) The Ministry may take the following action against the person who does not
register the service within the time period as per Sub-section (2):
a) to order the closure of an service established or operated by such person,
b) To ensure the level of the service and on the basis of it to impose a fine of
Rs. 10,000 to Rs.1,00,000.

Chapter 7

Provisions Relating to Investigation and Cases Hearing

33. Investigation officer and his power and duties: (1) The committee shall
designate an Investigation Officer to any officer or employee from its own
organization to investigate and sue the cases against the wrongdoers in the
Committee.
(2) The qualification and other functions, duties and powers of the Investigation
Officer shall be as prescribed.
 (3) The Investigation Officer, shall have a power to investigate on the offence;
based on the complaint made pursuant to Section 28 and the Investigation Officer
may enjoy the all the power during investigation; as conferred by the prevailing
law.
(4) After completion of the investigation; the Investigation Officer shall submit
its report to the Committee along with his opinion; If the Committee is satisfied
with such report as submitted by the Investigation Officer; The Committee may
give its consent to sue the case against the wrongdoer.
Provided that, the Members of the Judicial Committee shall not participate in the
meeting of the Committee; when the discussion will be made on the agenda
regarding to the report of the Investigation Officer, to sue the case in Judicial
Committee.
(5) The Investigation Officer shall sue a case against the wrongdoers in the
Judicial Committee; after obtaining consent of the Committee pursuant to
subsection (4)
34. Judicial Committee: (1) A Judicial Committee; consisting of three members,
including one Chairperson shall be constituted. The Committee shall select the
Chairperson and members of the Judicial Committee from among its members; to
hearing and deliver verdict on the case filed by the Investigation Officer,
pursuant to Section 31.
(2) The Judicial committee shall enjoy the power during to making a trial or
settle the cases during to delivering its verdict; as per the prevailing law.
35. Appeal: A person who is not satisfied with the verdict; as delivered by the
Judicial Committee may make an appeal against such verdict; to the concerned
District Court, within Thirty Five days of the receipt of the verdict of Judicial
Committee.

Chapter 8
Miscellaneous

36. Powers to form sub-committee: (1) The committee may, as per necessary, form
sub-committees for the operation of their functions.
(2) The functions, duties and powers of the sub-committees to be formed
pursuant to Sub-section (1) shall be as specified by the committee on their own.
37. Meeting allowance and other facilities: The meeting allowance and other
facilities of the officials of the committee shall be as prescribed.
38. Delegation of power: The committee may, delegates its certain power as per
necessary, to its Chairperson, member, member secretary or Sub–Committee by
specifying the Terms of reference.
39. Power to give Direction: (1) The Government of Nepal may give policy
direction to the Committee as per necessary.
(2) It shall be the duty of the Committee to follow the direction as directed by
the Government of Nepal pursuant to subsection (1).
40. Power to frame Regulation: The Committee may frame necessary Rules in
order to carry out the objectives of this Act; and the Rules so framed shall come
into force only after being approved by the Government of Nepal.
41. Power to frame Standard Operating Procedure: For the Execution of this Act
and the Regulation made under this Act; the Committee may frame and execute
the Standard Operator Procedure relating to the operation of business.
42. Saving: The provision as stipulated in this Act shall be prevailed as in same, on
other matters which are not stipulated in this Act; shall be prevailed according to
the Prevailing laws.
43. Formation of District Service Promotion Committee: (1) In order to make
the work related to the promotion of service effective, the Government of Nepal
may form a District Service Promotion Committee under the chairmanship of
the head of the District Coordination Committee at the local level.
(2) The constitution, functions, duties and powers of the District Service
Promotion Committee shall be as prescribed.
44. Can be produced by contract: (1) Any service or company or firm or
establishment registered in accordance with the prevailing law may produce
goods or services by contract or sub-contract with each other.

45. Professional social responsibility : (1) Medium or large scale industries or

domestic or small scale industries with an annual turnover of more than Rs. 150
million shall have to allocate at least one percent of the annual profits for the
purpose of bearing commercial social responsibility for each financial year. The
amount allocated accordingly will have to be spent in the areas specified in the
annual plan and program.
46. Residential buildings, other buildings cannot be constructed or settlements
cannot be established :(1) No residential building or other building shall be
constructed or settled within the area and distance specified by the Government
of Nepal by publishing a notice in the Nepal Gazette of the Industrial Zone,
Special Economic Zone and Industrial Corridor to be established after the
commencement of this Act. Similarly, it will not be possible to establish service
in the area specified by the prevailing law for housing and special purpose.
47. Right to remove obstacles: If there are any obstacles in the implementation of
this Act, the Government of Nepal may remove such obstacles by publishing a
notice in the Nepal Gazette. To be in accordance with this Act: Notwithstanding
 anything contained in the prevailing law, all matters written in this Act shall be in
accordance with this Act.
48. Right to make rules: The Government of Nepal may make necessary rules to
implement this Act.
49. Can formulate and implement guidelines, procedures or criteria: The
Government of Nepal may formulate and implement guidelines, procedures or
criteria as required simplifying the work related to the registration and regulation
of the service.

Schedule: 1
Establishment and operation of quarrying, collection, sale and security
service of stone, ballast, sand, clay, rock
Application form for permission
(Sub-section 2 of section 3)

Mr...........................,

................... Office of the Municipal Corporation / Municipal Corporation / VDC

...........................
Subject: About getting a license.

Sir,
I have submitted this application along with the required documents to provide
permission letter to our firm / company as I am willing to operate the following
service. If anything is found to be false in the written transaction, please explain
according to the prevailing Nepali law.
1. Full name of the firm:
2. Full address of the firm:
3. Business location (including GPS locations):
4. Purpose:
5. Warranty:
6. Description of things to do and work:
7. Attached documents: Firm Registration Certificate, Tax Payment Certificate,
Citizenship Certificate, Proof of Renewal, Self Declaration Relation Paper)
Name of the person:
Signature:
Citizenship
Number:
Contact No:

Year……….Month……Date……..Day…..
 Schedule 2
Establishment and operation of quarrying, collection, sale and security
service of stone, ballast, sand, clay, rock
(Sub-section 4 of section 10)
................... Office of the Municipal Corporation /
Municipal Corporation / VDC
...........................

Permit

Mr……………………..
…………………………………

Respected Sir,
Your firm and company…………………………. Has made ………………..
permission has been given to act on the application submitted to this office and
the attached documents in accordance with the decision of the date...............Make
it according to the prevailing law.
1. Permission Firm Company Name:
2. Name of Firm Company Director:
3.Address:
4.Location of firm company:
5.Four forts:

Of the authorizing authority

Name:
Status:
Signature:
 Date:

Note: If this license is lost, it will be charged as per the rules.

Schedule 3
Collection of equipments, trainers and man power
(Sub-section 1 of section 17)

No. Description Duration Complaint

C.
1. From taplegunj 1 year

2. From the Hightenson products 5 year

3. Optional manpower 7 years

4. Oversees department 5 years

5. From Dhanavasti 6 years

 Question no. 3

DRAFT

Security Service Act Rules 2077

The Government of Nepal has made the following rules using the right given by Article 35
of the Security Service Act 2077.

Chapter: 1

1. Name and Commencement: (1) The name of these rules is “Security Service
Regulations, 2077”.

(2) This regulation shall come into force immediately.

2. Definition: If the subject or context does not have another meaning in this rule, -

a) "Act" shall mean the Security Service Act, 2077.

b) "Permit" means a ballast, sand, clay, rock, seventy-two to run a security service.
Permits issued in accordance with this Regulation shall be issued for tools and
equipments, manpower, trainers
c) "Body concerned" means any ministry of the Government of Nepal related to the
work mentioned in the Act or these regulations.
d) "Fund" means the fund operating in accordance with Article 47 of the Act.
e) "Ministry" means the Ministry of Service, Commerce and Supplies.
 Chapter:2

Security Service registration

3. Application to be made: (1) A person wishing to establish a security service shall

submit an application to the Service Registration Authority for registration of service
with the following details and documents in the format as per Schedule 1: -

a) a copy of the certificate of Nepali citizenship or a copy of the passport if a

foreign citizen,
b) a copy of the firm or company registration certificate if the applicant is a firm or
company,
c) details including mapping of security service premises,
d) Letter of authorization if a representative is appointed to apply,
e) Letter with foreign investment approval if operating security service with
foreign investment
f) a copy of the agreement between the partners, if they wish to establish a
security service in partnership,
g) the recommendation of the village municipality or municipality of the area to
establish the security service,
h) Other necessary documents prescribed by the service registration body.

(2) When applying for registration of service as per sub-rule (1), the applicant shall
apply in the format as per schedule-2. Project details should be prepared and
submitted along with the application.

(3) While submitting the application, the application shall also be made through
electronic means as determined by the body registering the service will be given.

4. Certificate to be issued: (1) The security service registration body has received all the
details or documents required for the registration of security service after conducting
necessary investigation on the application received as per rule 3 and if it seems
reasonable to register security service, register security service within fifteen days. The
applicant will have to give the certificate of registration of security service in the format
as per schedule-3.
(2) In the certificate of service registration issued under sub-rule (1), the security service
registering body shall specify the period of operation or commencement of commercial
production or business as specified in Schedule-4. According to the nature of the
service, the security service may also mention other necessary conditions to be followed.
(3) If it is not possible to register the security service while investigating the application
received in accordance with Rule 3, the body registering the security service shall give
the information including the reason to the concerned person within seven days.
5. Permission of the Committee is required: (1) Any person wishing to register any service
referred to in sub-section (1) of section 7 of the Act shall be required to obtain the
permission of the Committee have to apply before.
(2) If the Board decides to grant permission on the application received pursuant to sub-
rule (1), the Secretariat of the Board shall immediately send the written information to
the body registering the service as per Schedule 5.
(3) After receiving the information of the decision to grant permission pursuant to sub-
rule (2), the body registering the security service shall give permission to the applicant
to apply for registration of security service within ninety days.
(4) Pursuant to sub-rule (3), if the licensee has not applied for registration of security
service within that period, such license shall be automatically revoked.
6. Can apply for extension: (1) If the security service is unable to operate the security
service or start its commercial production or business within the period mentioned in
the registration certificate, such period may be extended as per the application
pursuant to Schedule 6.
(2) If an application is made pursuant to sub-rule (1), the body registering the security
service may, if it deems it necessary to demand any further details, documents or
information from the applicant in respect of the application received, may inquire into
such matter within seven days.
(3) Within fifteen days from the receipt of such details, documents or information, if the
conduct is deemed reasonable during the investigation pursuant to sub-rule (2), for a
maximum period of one year as mentioned in the Security Service Registration
Certificate. The period of operation of such service or commencement of commercial
production or business may be extended as per Security Industrial Rules 2077.
7. Approval should be obtained for relocation of security service: (1) If any person wants
to relocate the service he has been operating from that place to another place, he
should submit an application to the service registration body in the format as per
schedule-7 with the following details and documents: -
a) Certificate of tax payment for the previous financial year,

b) the audit report for the previous financial year,

c) the recommendation of the village municipality or municipality to relocate the

service,

d) Preliminary Environmental Testing or Environmental Impact Assessment shows

that the approved report and IEE and EIA have been tested,
e) the consent of the body providing such discount facility or concession if any
discount, facility or concession has been obtained in accordance with the Act or
prevailing law.

f) Details of updated project as per schedule-2.

(2) When examining the application received as per sub-rule (1), if it seems reasonable
to approve the transfer of security service, the security service registering body shall
 specify the period if any other condition has to be followed by the concerned security
service while transferring security service. The service can approve the transfer as
per the format of Schedule 8.

(3) If the application received pursuant to sub-rule (1) is not deemed reasonable to
approve the transfer of security service, the body registering the security service shall
inform the applicant within seven days.
(4) Notwithstanding anything contained elsewhere in this rule, approval shall not be
granted for the transfer of security service and security service established within the
special economic zone, which have the facility to hold more land as per the prevailing
law.
8. Details to be provided: (1) The following details or documents shall be submitted to the
security service registration body within six months of the end of each financial year
after the commencement of commercial production or business by the security service:
-
a) Audit report,

b) tax payment certificate of the previous financial year,

c) approved and connected capacity,

d) Updated details prepared in the format as per schedule-9.

(2) The details or documents as per sub-rule (1) may also be submitted electronically as
per the method prescribed by the body registering the security service.

(3) After receiving the details or documents as per sub-rule (1) or (2), the body
registering the security service shall update its records and inform the concerned
security service within seven days.
9. The security service should be informed about the closure of the security service: If the
security service closes its operation or suspends the commercial production or business
of the security service, it should inform the security service registration body in the
format as per schedule-10 within seven days.
10. Revocation of Registration: (1) If for any reason the security service cannot be
operated and the registration of the security service has to be revoked, such security
service may apply to the service registration body in the format as per schedule-11 with
the following details and documents: -
a) Assessment report of security service assets prepared by a recognized
appraiser,

b) details of changes in the responsibilities of all employees, including workers in

the security service,

c) other liability change report of security service,

 d) If liquidator is appointed, the liquidation report submitted by such liquidator
regarding dismissal of security service,
e) Tax payment certificate of the previous financial year,

f) Original copy of Security Service Registration Certificate,

g) Audit report up to the previous financial year,

h) The self-declaration made by the concerned entrepreneur that no case against

the security service is pending in any court or judicial body.

Provided that, if the case is under consideration in any court or judicial body in
respect of the obligation to be paid by the security service, the proof equal to the
liability to be settled at the time of such case must be submitted to the registrar of
the security service as collateral.
(2) In case of any application as per sub-rule (1), the body registering the security
service orders the security service to publish a public notice in the national daily
newspaper to submit a written claim with proof to the service registrar within thirty
five days if any transaction remains with the security service will have to give.
(3) As per the information published pursuant to sub-rule (2), the body registering
the security service shall order the concerned security service to change the liability
as determined if such claim is fully or partially validated during the investigation of
any claim within that period.
(4) If it is seen that the concerned security service has changed its liability as per
the order given by the body registering the security service as per sub-rule (3), the
body registering the security service shall revoke the registration of the security
service within seven days.
(5) Notwithstanding anything written in sub-rule (4), the registration of such
service shall not be revoked or the data shall not be cut until the work of
amendment is completed as per the order given by the body registering the security
service as per sub-rule (3).
11. To change or upgrade the fixed capital or capacity of the security service, approva l
must be obtained: (1) If any security service wants to change or manipulate the fixed
capital or capacity of the security service pursuant to sub-section (3) of section 15 of
the Act, the following details or The application should be submitted in the format of
Schedule-12 along with the documents: -
a) Audit report of previous financial year,

b) tax payment certificate of the previous financial year,

c) Updated details of the service as per schedule-10,

 d) Copy of management letter, rules and company registration certificate of
security service,

e) a copy of the agreement between the partners if the partnership is firm,

f) Letter of recommendation from any other body if recommendation is required.

(2) While examining the application received pursuant to sub-rule (1), if it seems
reasonable to change or manipulate the existing fixed capital of the security service or
to change or manipulate the capacity of the security service, the registering body shall
inspect the security service as required. Changes or manipulations in the existing fixed
capital or changes or manipulations in the capacity of the security service may be
approved.

However, prior approval of the board will be required to change or alter the fixed capital
of the security service established with the approval of the board or to change or alter
the capacity of the security service.
12. Other Functions and Duties of the Committee and Judicial Committee: In addition to
the functions, duties and rights mentioned in sub-section (1) of section 32 and 38 of the
Act, it shall be the duty of the Committee and Judicial Committee to follow the
instructions given by the Government of Nepal from time to time to enhance the
industrial development of the country.

CHAPTER: 3
Discount, facility or concession

13. Can deduct expenses: The security service may deduct from the amount spent for the
protection of its physical assets up to the limit prescribed by the Government of Nepal
for income tax purposes as per the prevailing law.
14. Duty Drawback: (1) Pursuant to clause (b) of section 23 of the Act, if the security
service demands return of duty (Duty Drawback) on the basis of fixing the rate as
prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette,
Such tariff will be refunded.
(2) sub-rule (1) in accordance with the service back to duty (duty drawback) feature is
demanding that the schedule according to the model, the following details as per
Schedule 13 or ninety days from the date of end of the fiscal year, including document
requests to: -

a) declaration of import of raw material,

 b) details of the total output of the service,
c) the original of the withdrawal declaration,
d) Annual Progress Report of last year (only once in a year),
e) the buyer's purchase order and agreement,
f) Certificate of tax payment up to the previous financial year,
g) Audit report of previous financial year,
h) a gross copy of the foreign exchange earned bank certifying open source,
i) Details of return of tariff for sale of international bids.

(3) The application received pursuant to sub-rule (2) shall be sent in writing to the
concerned Inland Revenue Office for verification of matters including tax payment.

15. Additional Facilities for Women Entrepreneurs: (1) If a woman entrepreneur wishes to
establish an service in an industrial area, such women entrepreneurs will be provided a
place in the industrial area with the following discounts or concessions.
(2) If an service owned only by a woman entrepreneur needs a loan for the purpose of
exporting its products, it may apply to the Ministry through the body registering body
with the recommendation of that body.
16. Can permit import: (1) If the service established with foreign investment has to import
goods produced by the parent company abroad for the production and market
development and promotion of new goods, mentioning the details, quantity and period
of import of such goods can apply to security service registration body.
17. Provision of land on lease: (1) If government land owned by the Government of Nepal
is required to operate the national priority security service, the service concerned may
submit tender to the registrar of security service with the following details and
documents in the format of Schedule-14: -

a) a copy of the security service registration certificate,

b) Details of project of security service as per schedule-2,
c) the area and location of land required for the security service,
d) a permit from any other body if permission is required,
e) Reasons for security service to lease land,
f) Recommendation of the concerned local level.

(2) If the application received pursuant to sub-rule (1) deems reasonable, the body
registering the security service shall inspect such land as required and submit it to the
Ministry with a definite opinion.
18. To provide security: (1) The Government of Nepal shall make arrangements to deploy
the required number of security personnel in each industrial area to maintain peace and
security in the industrial establishments.
(2) If any service demands security as it is difficult to operate the service due to security
reasons, the Government of Nepal may deploy additional security personnel as required
in such service or in the industrial area where such service exists.
 (3) Notwithstanding anything contained in sub-rules (1) and (2), the Government of
Nepal may, at the request of the industries concerned, make separate security
arrangements for the following purposes: -
a) to organize industrial fairs, exhibitions and other industrial functions,

b) to control fires, vandalism and looting during strikes, shutdowns in any service,

c) To face possible security challenges in the area where any service or

establishment is located.

(4) If there is a request for the provision of separate security personnel, the Government
of Nepal may, on the recommendation of the concerned District Security Committee,
specify the necessary conditions and criteria and provide necessary security personnel
to such service.

CHAPTER 4

Miscellaneous

19. Can produce by contract: (1) The Government of Nepal may provide the following
discounts, facilities and concessions to the export-oriented security service which
produces the base goods or services of contract or sub-contract by fulfilling the
following criteria registered and operated in accordance with the prevailing law.

(A) Criteria to be fulfilled for producing goods or services on the basis of contract or sub-
contract:

(1) The body registering the security service has produced a certain quantity of goods
or services as specified,

(2) goods or services produced using indigenous raw materials or imported raw
materials with a value increase of at least thirty percent;

3) The security service has provided at least forty percent of its production to the
export oriented security service or export promotion house for export purposes,

(4) Using registered trademark.

20. Professional Social Responsibility: (1) The amount allocated by the medium or large
scale service pursuant to Sub-section (1) of Section 49 of the Act shall be spent in any of
the following functions or areas: -
 a) Natural Disasters (Flood, Landslide, Earthquake, Fire) Prevention and Rescue
Work,

b) Health related works including distribution of medicines and health related

equipment to community health institutions, raising public awareness on health,
running health camps,

c) Preservation and promotion of Nepali art, culture, archeological heritage,

d) Skill-oriented and income-generating programs for low-income, backward, rural

women, persons with disabilities and minorities, marginalized communities,

e) Educational development work including distribution of scholarships,

educational equipments and materials for community schools and universities,
f) Environmental protection including pollution control, waste management,
plantation, water source protection, promotion of alternative energy,

g) Campaigning against smoking, alcoholism, social evils and anomalies and

production and broadcasting of informative documentaries,

(2) Pursuant to sub-rule (1), at least twenty five percent of the annual amount
allocated by the service for social and professional responsibility shall be spent in
the area affected by the service.
(3) The service shall be allowed to deduct a maximum of ten percent of the
amount allocated for carrying out commercial social responsibility from the
relevant title to any fund as prescribed by the body registering the security
service.
(4) The security service shall have to operate in coordination with the local level
while discharging its professional social responsibility.
(5) The security service shall not be allowed to spend or run programs for the
direct profit of its service from the amount allocated for commercial social
responsibility.
21. Compensation to be paid: (1) Pursuant to sub-section (1) of section 36 of the Act, the
Government of Nepal shall publish a public notice giving at least thirty five days to the
party affected by the disaster to apply for compensation for such building or land.
 (2) According to the public notice published pursuant to sub-rule (1), if any request is
received, the Ministry shall make necessary investigation and submit the report after
ascertaining the damage.
A damage assessment committee consisting of representatives of the concerned local
level, representatives of the district administration office and representatives of the
district chambers of commerce may be formed.
(3) The party having to bear the loss shall be provided compensation equal to the
current value subject to the prevailing law.
22. Can formulate and implement guidelines, procedures or criteria: The Government of
Nepal may, by publishing information in the Nepal Gazette, formulate and implement
necessary procedures, guidelines or criteria for the management of industrial sector and
security sector, industrial village, industrial cluster or other issues related to service
delivery.
23. Defense: After the commencement of Security Service Act 2077, the work done by the
service registration body in relation to service registration, operation and management
shall be deemed to have been done in accordance with these regulations.

SCHEDULE 1

Service registration authority with details

(Relating to sub-rule 1, Rule 3)

Tickets(晦 )

Mr. Department of Industries / Department of Home and Small Industries /Special

Economic Zone Authority
Kathmandu.
Respected Sir/Madam,

………………… Region. District / Municipality / Village Vada no. Since there is a desire to
set up an service called ………………………………… Purpose with the following details and
documents I have applied for service registration. The behavior mentioned in the
application is true. If it is found to be false, I will submit it according to the law.

Applicant's full name, surname:

Signature of the applicant’s:
Citizenship Certificate Number..........................,
Issue Date..................,
District:.
Applicant's address:
Region................,
District.......................,
Village Municipality / Municipality................,
Ward no..........,
Toll / Route........................,
House Number:
Contact phone number: ………………… ..
Fax Number: ………………
Email: …………………………… ..

Attached documents:
 Project proposal as per schedule-2,
 Certified copy of citizenship certificate (copy of passport in case of foreigner),
 Copy of management letter, rules and company registration certificate (in case
of company only),
 Partnership Confession (if the partnership is firm),
 Consent of other bodies
 Relevant local level recommendations,
 Other documents.
 SCHEDULE 2

Application to be made by the applicant

(Relating to sub- rule 2, Rule 3)

1. Service name:

2. Location of Service: …………… Province, …………… District, …………… Municipality /

Village, Ward no. ......

3. Correspondence address and phone no .:

Contact person name:

4. Name of Special Economic Zone:

5. Service Level: Small Medium Large

6. Legal Form of Service: Private Firm Partnership Firm Pvt. Ltd. Company

Public Limited Company

7. Service class: Energy-oriented industries

Industries based on agriculture and forest products Mining service

Construction service service service tourism service

Industries based on information and communication technology

8. (A) Shift per year on the day of operation of the service

(B) Details of goods or services to be produced:

9. Project cost and source of investment:

C.no total Details of Goods or No Unit Sales Price

Services Annual Capacity Rate (Rs.)
Sales Price (Rs.)

Total capital

Investment (Rs.)
Self-investment (Rs.)

Source of investment
Loan investment (Rs.)

Fixed capital

Workingcapital
Total

10. Fixed capital statement:

C.No. Details Amount (Rs.)

Complaint

1. Land (Area)

2. Building (area...............)

3. Machinery equipment

4. Furniture fixtures, office equipment

5. Vehicle

6. Pre-operating expenses

7. Others

Total fixed capital

11. Current Capital Details:

C.No. Details Amount (Rs.)

1. Raw material (.................for month / day)

2. Semi-finished item

3. Borrowing (.................for a month / day)

4. Others

Total

12. Machine details:

C.No. Name Required Number Price (Rs.)

Note: If necessary, confirm the purpose and justification of the machine.

13. Details of raw materials required by the service:

C.No. Raw material, auxiliary raw Name of packing

material, material Unit rate
Annual required

quantity Total
amount

14. Foreign exchange required by service:

For the annual quantity of raw material:

For the machine:.

Other:.

Total: 1.

15. Manpower Description:

Details Indigenous Foreign Total Number

Staff (administrative)

Staff (Technical)

Highly skilled workers

Efficient

Semi-efficient

Incompetent

Deposit

16. Environmental aspects that may be affected by service operations:

Environmental Components Distance / Description Adverse Impact Adverse Impact
Reduction Measures

Should not be

Water source

Agricultural land

Forest sources

Other (to mention)

18. Key Investor Details:

Investor's name

Father's name

Grandfather's name

Citizenship / Passport

Correspondence address

Phone no.

Email

Percentage of investment

Signature

19. Details of the investor in case of foreign investment or technology transfer:

(A) Name, surname:

(B) Country:

(C) Passport number:

(D) Place of issue:

(E) Restoration period:

(F) Visa number:

(G) Place of issue:

(H) Duration:

(I) Official letter of the parent company: Yes / No

Correspondence address:

Name and address of the local representative:

Contact: Phone No .: Fax No .: Email:

Note:

1. If the investor is a company, the registration certificate, management letter, rules and
the full address of the head office of the company should also be disclosed.

2. In accordance with Rule 3 and 6 of the Environmental Protection Rules, 2054, if there
is a need for preliminary environmental test or environmental impact assessment, the
related process will have to be completed.

3. The details form should be completed in full.

4. If there is not enough space to fill in the details in the various palaces above, it may
be submitted separately.

5. The details will have to be updated again within three months from the date of
commencement of commercial production or business.
 SCHEDULE-3

Service Registration Certificate

(Relating to sub-rule (1) of rule 4)

Operator photo
Government of Nepal
Ministry of Service, Commerce and Supplies
(==========================)

Service Registration No .: - Date: -

This certificate has been issued by registering the service with the following details as
per Section 5 of the Industrial Business Act, 2073 BS and Rule 4 of the Industrial Business
Rules, 2076 BS.

1. Name of security Service Operator:

2. Service name:
3. Service address:
4. Service Objectives:
5. Total Capital of the Service: Rs.
(A) Fixed capital Rs
(B) Working capital Rs
6. Category of Industries: Small Enterprises / Domestic Industries / Small Industries /
Medium Industries / Large Industries
7. Number of shifts the service operates:
8. Required electrical power:
9. Service Operation Day (per year):
10. Type of goods or services produced by the service:
11. Manpower required:
12. Period for starting an service, commercial production or business:
13. Production capacity:
14. Other:
(Certifying Authority)
Note: The conditions to be followed by the service are mentioned on the back of this
certificate.

Other decisions including capital increase / capacity increase / name transfer / of the
service
C.No.Signature of the person certifying the conduct of the decision date stamp of the
office

Conditions:
Additional industries as prescribed in the prevailing law shall comply with the following
conditions:
1. The manpower required by the service will have to be met by Nepali citizens. If
foreign manpower is required, foreign manpower can be kept under the prevailing
Labor Act, 2074 BS.
2. In case of foreign capital investment in service, consumption of technology, prior
approval of the department has to be obtained.
3. The approval of the department will have to be taken while reviving, modernizing or
expanding the service which does not require permission.
4. After the commencement of the service, it is mandatory to submit monthly /
quarterly report related to annual report, work progress and production details in the
statistics branch of the department. If it is closed due to seasonal or other reasons, it
should be disclosed openly.
5. The instructions and conditions given by the department regarding the environment
should be followed. Garbage coming out of the service will have to be properly
managed.
6. The conditions and procedures prescribed by the Ministry of Forests and Environment
and other concerned bodies regarding pollution control must be followed.
7. The name of this service should be amended to match the name of the company
registered earlier, the trade name of someone or the trademark. If the trademark is to
be used in the goods or services produced or provided by this service, it should be used
only after registering in accordance with the prevailing industrial property law.
8. When paying wages to the employees or workers working in the service, payment
must be made through bank account.
9. The Code of Conduct against Gender Based Violence in the Workplace of Industrial
Establishments, 2067 should be followed.
10. The service should be run in such a way that the residents around the service do not
suffer any loss.
 SCHEDULE-4

Period to start operating stone, security

(Relating to sub-rule (2) of rule 4)

• Productive industries
1. Enrolling candidates from different districts - Five years
2. One year to interview trainee, security
3. One year of equipment training
4. Manpower allocation, security service three years

SCHEDULE -5

Application Form for Service Registration Permit

(Relating to sub-rule (2) of rule 5)

Mr. Service and Investment Promotion Board

Through…….Department.

Sir,
………………… Region. District / Municipality / Village Ward No. .
In …………………………………………………… having purpose......................................As there is a
desire to establish a named service, I have applied for permission to register the service
with the following transactions and documents. The behavior mentioned in the
application is true. If it is found to be false, I will submit this application according to the
law.
Of the applicant, -
Signature:
Name, surname:
Address:
Phone number:
Fax number:
Email:
In case of foreign investment or technology transfer,-
1. Full name, surname: Country:
2. Passport Number: Place of Issue: Restoration Period:
3. Visa Number: Place of Issue: Duration:
4. Official letter of parent company: Yes / No:
If it is an investor company, the registration certificate, management letter, rules and
full address of the head office of the company should be disclosed.
5. Full correspondence address:
6. Name, surname and address of the local representative:
7. Contact phone:
8. Fax No .:
9. Email:

Attached documents:
1. Project Proposal as per Schedule-II (Sheet,),
2. Certified copy of citizenship certificate (copy of passport in case of foreigner),
3. Management letter, rules and company registration certificate (if a company),
4. A copy of the partnership agreement (if the partnership is firm),
5. Recommendation of concerned body,
6. Other documents prescribed by the service registration body.
 SCHEDULE -6

Application format for extension of period of operation of service or commencement

of commercial production or business

(Relating to sub-rule (1) of rule 6)

Date:.
Mr. ………Department of Industries………….
...
Subject: Extend the period for starting security service /
Production / business.

My / our date .... registered in the above subject on date .. Due to the following the
service is unable to operate the service or start its commercial production or business
within the period mentioned in the service registration certificate due to the following
date...............I request you to add up to: -
1. The works done so far for the establishment of the service:
(A)
(B)
2. Reasons for not being able to start an service or start your own business or business:
(A)
(B)
3. Initiatives to start an service, commercial production or business:
(A)
(B)

(Imprint of Service) Applicant, -

Signature:
Name, surname:
Address:
Position:
Date:
Email:
 SCHEDULE -7

Form of application for relocation of industries

(Relating to sub-rule (1) of rule 7)

Date:.
Shri…. Department………..

Subject: About the approval of service transfer.

Sir,
Registered in that department on date …… ... Province …………. District ………
Municipality / Village ……… Ward no. Due to the following reasons, this service which is
being established and operated in …… .. has to be relocated to ………… .. province …………
district ……… municipality / village.............ward no. Therefore, I request for the approval
of the transfer by enclosing the following documents. I have attached the necessary
documents for this.
Reasons to relocate the service:
1.
2.
3.

Attached documents:
1. The decision made by the Board of Directors regarding the transfer of the service,
2. Recommendations for the local level to be transferred,
3. In case of requiring preliminary environmental test or environmental impact
assessment, the report approved by the concerned body,
4. Updated Project Proposal as per Schedule-II (Sheet,),
5. Estimated period of operation by transferring the service.

Imprint of the service

Of the Applicant, -
Signature:
Name, surname:
Position:
Address:
Email:
 SCHEDULE -8

Form of Service Transfer Approval Letter

(Relating to sub-rule (2) of rule 7)

Date:.
Mr., ..,
..............................
Subject: About the approval of service transfer.
Sir,
..
Approving officer

Permission granted by you on the given date……... When the application given in is
processed. Region. District. Municipality / Village ward no…. Named Service …………
Province ……… .. District. Municipality / Village ward no. As it has been decided to
approve the transfer as per the decision of this department / office for transfer to..........,
Approval has been given for transfer of the service subject to the following conditions.

Terms:

1. To operate the service within 6 months from the date of approval,

2. The process has to be completed in accordance with the prevailing environmental
laws,
3. (Other terms) ...
 SCHEDULE -9

Updated details of the service

(Relating to clause (d) of sub-rule (1) of rule 8)

1. Service name:
Address:
2. Period of submission of details: Date................To
Fiscal year: Date of registration of the service
3. Name of Proprietor / Partner / Operator:
4. Deposit date of operation of the service:
5.Start date of operation of the service:
6. Product and service details:

C.No. Details Quantity Unit Price per unit Sale

Quantity
(In percent)
Accepted capacity production results

6. Raw materials, chemicals and packaging materials:

C.No. Description Unit Quantity Average unit value
7. If the manufactured material is exported
(A) Name of the country of export: ………………… .. (b) Quantity of export: ……… ..
(C) Withdrawal value:
8. Any concessions, exemptions or facilities received by the service from the
Government of Nepal in accordance with the prevailing law
9. Other requirements used by the service:
C.No. Description
Mt
Mt

10. Manpower working in the service:

C.No. Description number
Female male total
1. Administrative
2. Technical
3. Workers
(A) Highly efficient
(B) Efficient
(C) Semi-skilled
(D) Incompetent
11. Measures taken to minimize adverse effects on the environment while operating the
service:
(A)
(B)
(C)
(D)

............ ............
To prepare and approve
Operator / Manager
Imprint of the service:

Schedule-10

Format of closed service information sheet

(Relating to Rule 9)

Date: ……………… ..
Mr. Department,
.
Subject: Regarding the closure of the service.
Registered in that office / department on ……….Province …………. District ………
Municipality / Village Since this service is not being able to operate regularly due to the
following reasons.

Reasons to close the service:

1. Lack of easy supply of manpower,
2. Lack of capital,
3. Having market problems,
4. Problems with internal management,
5. Lack of workers,
6. Problems have arisen between workers and management due to unmet needs of the
service
7. Machine equipment damaged beyond repair.
8. ………. (Other reasons) ………… ...

Attached documents:

1. A detailed report prepared to confirm the above reasons / reasons,

2. Details of documents mentioned in sub-rule (1) of rule 10 of the rules.

Imprint of the service

Of the applicant, ..
Signature:
Name, surname:
Position:
 Schedule -11

Form of application for deregistration or revocation of industries

(Relating to sub-rule (1) of rule 10)

Date: ……………… ..
Department / Office,
.
Subject: Repeal of service registration.

Registered in that office / department on date …… .. Province …………. District ………

Municipality / Village …… .. Ward no. This service has been in operation since the date…..
of establishment of the service. Since it has been closed. As it is not possible to bring it
into operation, I request you to cancel the registration of the service as per Section 14 of
the Act.

Attached documents:

1. Service Assets Assessment Report,

2. Liquidator's report on service dismissal,
3. Tax payment certificate,
4. Audit report of previous year,
5. Responsibilities of workers and employees working in the service,
6. Self-declaration that the case against the service is not pending in the court or
judicial body.

Imprint of the service

Of the Applicant, -
Signature:
Name, surname:
Position:
 Schedule -12

Form of application for change or manipulation of fixed

capital / capacity of the service

(Relating to sub-rule (1) of rule 11)

Date: ……………… ..
Mr. Department of Service / Department of Home and Small Industries

.
Subject: In relation to change or manipulation of fixed

capital / capacity of the service.

Sir,
……………… ..Province. District / Village Municipality / Municipality Ward No ..in 7imS ..
purpose …. .. named service................established on Date…. I have made this request
along with the following details and documents as it is necessary to change or alter the
following details regarding this service. The behavior mentioned in the application is
true. If it is found to be false, I will submit this application according to the law.

Details to be changed or manipulated:

S.No. Reasons for the current change or manipulation

Imprint of the Service

Signature:
Name, surname:
Phone number:
Email:

Attached documents:
1. Previous Audit report of,
2. Tax payment certificate,
3. Updated details as per schedule-10,
4. Certified copy of citizenship certificate,
5. Letter of Management, Rules and Certificate of Company Registration (Becoming a
Company),
6. Partnership Confession (if the partnership became firm),
7. Recommendation of the concerned body,
8. Other documents.
 SCHEDULE -13

Application Form for Duty Drawback

(Relating to sub-rule (2) of rule 14)

Date: …………… ..
Mr. Or mrs…. Department / Office,
..
Subject: About Receiving Duty Drawback

……………… ..Province. District / Village Municipality / Municipality Ward No.............The

service, which was established and operating in the country, has exported its products
abroad as mentioned in the attached documents. I have submitted this application by
attaching the following documents to get back (duty drawback) as per the rules.

Attached documents:
1. Gross copy of withdrawal declaration form….,
2. Last year's economic progress report,
3. Buyer's purchase order ……,
4. Receipt of excise and value added tax paid.
The following documents regarding refund of international bids:
1. Copy of public notice of international bidding....,
2. Copy of agreement with the party concerned,
3. Payment bill….,
4. Based on the approved and used capacity of the service.
5. Copy of last year's economic progress report. .

Imprint of the service

Of the applicant, -
Signature:
Name, surname:
Position:
 SCHEDULE -14

Form of application for lease of land

(Relating to sub-rule (1) of rule 17)

Date:
Mr. . Department / Office,
..
Subject: About providing land on lease.

We have....................Province. District / Village Municipality / Municipality Ward No. An

service is being set up to produce (commodities) in ……. And as the service is a national
priority service from the Government of Nepal, to establish and operate the service ……..
…. .. province… ……… .district … Municipality / Village Ward No owned
by the Government of Nepal. No Government land. In square meter / plantation /
bigaha area...........We request you to make available the land of square meter / ropani /
bigaha area on lease for 3 years as per the rules by enclosing the following documents.

Attached documents:
1. Copy of service registration certificate,
2. Copy of license to produce security,
3. Base of land area required for service,
4. Reasons why service has to lease land,
5. Local level recommendation,
6. Service project proposal.

Imprint of the service

Of the applicant, -
Signature:
Name, surname:
Position: