English Translation
TELECOMMUNICATIONS ACT.2053 (1997)
Date of the Royal Seal and
Publication
2053-9-17 (1 Jan. 1997)
Preamble: Whereas, it is expedient to make the
Telecommunications service reliable and easily available to the
public, involve private sector as well in Telecommunications
Service and to regularise and systematize such service;
Now, therefore, Parliament has, in the twenty-fifth year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev,
made this Act.
Chapter - 1
Preliminary
1. Short Title and Commencement:
(1) This Act may be called the
"Telecommunications Act.2053 (1997 )."
(2) It shall come into force on such date as His
Majesty's Government by a notification published in
the Nepal Gazette, may appoint.
2. Definitions: Unless the subject or
context otherwise requires, in this Act, -
(a) "Telecommunications" means the act
of emission, transmission or reception, through the
agency of electricity or electromagnetism, of any
sounds, signs, signals, writings, images or
intelligence of any nature, by the wire, radio,
optical or other electromagnetic systems, whether or
not such signs, signals, writings, images, sounds or
intelligence have been subjected to rearrangement,
computation or other change in any manner for their
emission, transmission or reception.
(b) "Telecommunications Line" means any
wire, cable, equipment, tower, mast, antenna, tunnel,
hole, pit, pole or other. structure or object used or
to be used in connection with a Telecommunications
System.
(c) "Telecommunications System" means
equipment or series of equipment used or to be used
for the Telecommunications.
(d) "Telecommunications Service" means a
service relating to the acts of the conveyance or
reception of any sounds, signs, signals, writings or
images by the wire, radio, optical or other
electromagnetic systems whether or not such signs,
signals, writings, images, sounds or intelligence
have been subjected to rearrangement, computation or
other change in any manner for their emission,
transmission or reception.
(e) "Authority" means the
Telecommunications Authority established pursuant
to Section 3.
(f) "Chairman" means the Chairman of the
Authority.
(g) "Member" means the Member of the
Authority and the terms also includes the Chairman.
(h) "Licence" means the licence issued
pursuant to Section 24 to operate the
Telecommunications Service.
(i) "Licencee" means a person having
obtained the Licence to operate the
Telecommunications Service pursuant to Section 24.
(j) "Customer" means the person who
receives the Telecommunications Service made
available by the Licencee.
(k) "Charge" means the fees to be
realized from the Customer for the Telecommunications
Service provided pursuant to this Act.
(l) "Person" includes a corporate body
established pursuant to the prevalent laws.
(m) "Prescribed" or "As
Prescribed" means prescribed or as prescribed in
the Rules or Bye-laws framed under this Act.
Chapter - 2
Establishment and Constitution of the
Telecommunications Authority
Establishment of Telecommunications Authority:
A Nepal Telecommunications Authority is established
with a view to managing and regularizing the
Telecommunications Service and making it reliable and
easily available to the public.
Authority to be an Autonomous and Corporate Body:
(1) The Authority shall be an autonomous and
corporate body with perpetual succession.
(2) The Authority shall have its own seal to carry
out its functions.
(3) The Authority may, like an individual,
acquire, use or otherwise manage movable and
immovable property.
(4) The Authority may, like an individual, sue and
be sued by its name.
Constitution of the Authority:
(1) The Authority shall consist of five Members
including the Chairman who are qualified and
experienced, as prescribed in the financial,
technical, market management, accounts and auditing
or legal field relating to the Telecommunications
Service.
(2) His Majesty's Government shall constitute a
committee comprising of experts from the related
sectors, to make recommendation for the appointment
of the Chairman and Members of the Authority
and His Majesty's Government shall on the
recommendation of the said committee appoint the
Chairman and Members of the Authority.
(3) The Authority may, if it deems necessary,
invite any expert to participate in the meeting of
the Authority an observer.
(4) The Officer designated by the Chairman from
amongst the employees of the Authority shall act as
the Secretary of the Authority.
Office of the Authority:
The Central Office of the Authority shall be located
in the Kathmandu Valley and the Authority may open branch
officers well within the Kingdom of Nepal, as per
necessity.
Meeting of the Authority and Decision:
(1) The meeting of the Authority shall be held as
per necessity.
(2) The meeting of the Authority shall be held on
such place date and time as specified by the
Chairman.
(3) The meeting of they Authority shall be
presided over by the Chairman and in his absence the
meeting shall be presided over by a Member selected
by the Members present at the meeting frolic among
themselves.
(4) The presence of more than fifty percent
Members shall be deemed to be completed a quorum for
a meeting.
(5) The opinion of the majority at a meeting of
the Authority shall be deemed to be the decision of
the Authority and in the event of a tie, the Chairman
shall exercise the casting vote.
(6) The decisions of the meetings of the Authority
shall be attested by the Chairman, and such decisions
shall be circulated to all the Members by the
Secretary of the Authority.
(7) Other procedures relating to the meetings of
the Authority shall be as determined by the Authority
itself.
Tenure of the Chairman and Members:
(1) The tenure of service of the Chairman and
Members shall be of five years.
(2) In case the committee pursuant to
sub-section (2) of Section 5 recommends for
the reappointment of the Chairman and Members showing
their performance to be satisfactory, His Majesty's
Government may reappoint him to the post of Chairman
and Member.
To Remove the Chairman and the Member from the Post:
(1) Notwithstanding anything contained in Section
8, His Majesty's Government may remove the Chairman
or Member from the post in the following
circumstances -
(a) Absence of competency to work,
(b) Misconduct,
(c) Failure to carry out the official duty
assigned to him, honestly,
(d) Become mentally disorder or insane, or
(e) Having direct or indirect ownership or
personal interest in any firm or corporate body
which operates the Telecommunications Service or
System.
(2) Before removing the Chairman or the Member
from the post pursuant to sub-section (1), he
shall be provided a reasonable opportunity to submit
his clarification.
10. Vacancy of the Post of the Chairman and the
Member:
The post of the Chairman and the Member shall be
deemed to be vacant in the following circumstances: -
(a) If his written resignation tendered to His
Majesty's Government is accepted,
(b) If he completes his tenure pursuant to
Section 8,
(c) If he is removed from his post pursuant to
Section 9,
(d) If he is convicted of any criminal
offences from the court, or
(e) If he dies.
11. The Terms and Conditions of Service of the
Chairman:
(1) The Chairman shall be the full time working
chief executive officer of the Authority.
(2) The remuneration, facilities and other terms
and conditions of service and functions, duties and
power of the Chairman shall be as prescribed.
(3) After the appointment of a person as the
Chairman, his remuneration, facilities and other
terms and conditions of service shall not be altered
to his disadvantage.
(4) The Member shall obtain the meeting allowance
as prescribed for attending the meetings of the
Authority.
12. Employees of the Authority:
(1) The Authority shall consist of the employees
as required for the operation of its functions.
(2) The appointment, remuneration, facilities and
other terms and conditions of service of the
employees pursuant to sub-section (1) shall be
as prescribed.
(3) Notwithstanding anything contained in
sub-section (2), His Majesty's Government may,
at the request of the Authority, depute the employees
of His Majesty's Government or any corporate body to
the Authority with the remuneration to be received
from the Authority until the appointment of the
employees of the Authority.
Chapter - 3
Functions, Duties and Powers of the
Authority
Functions and Duties of the Authority:
The functions and duties of the Authority shall be
as follows: -
(a) To provide suggestions to His Majesty's
Government on the policy, plan and programme to
be adopted by His Majesty's Government for the
development of the Telecommunications Service.
(b) To make the Telecommunications Service
reliable and easily available to the public.
(c) To make necessary arrangement to avail
basic Telecommunications Service and facilities
in all rural and urban areas throughout the
kingdom of Nepal.
(d) To involve the national and foreign
private sector investors in the operation of the
Telecommunications Service.
(e) To make arrangement for the coordination
and healthy competition among the persons
providing Telecommunications Service and
facilities, so as to provide such service and
facilities to all public in general.
(f) To prescribe, fix and approve the standard
and quality standard of the plant and equipment
relating to the Telecommunications and the
Telecommunications Service.
(g) To regularise and systematize
Telecommunications Service
(h) To grant Licence to operate the
Telecommunications service in private sector.
(i) To approve and regularise the fees to be
collected by a person having obtained Licence for
providing the Telecommunications Service.
(j) To perform the functions relating to the
frequency in accordance with the policy
determined by the Radio Frequency Policy
Determination Committee.
(k) To carry out or cause to carry out the
research about the development and use of new
technology in the field of Telecommunications.
(l) To cause to develope the skilled manpower
for the Telecommunications Sector.
(m) To develop and extend or cause to develope
and extended the Telecommunications Service in
such a way that it protects the rights and
interests of the consumers.
(n) To develop or cause to develops Nepal as
an International Transit for Telecommunications.
(o) To carry out necessary and appropriate
functions for the development and promotion of
the Telecommunications Service.
14. Determination of Quality and Standard of
Service:
(1) The Authority shall determine the quality and
standard of the machine, equipment and facilities
relating to the Telecommunications and the
Telecommunications Service.
The Authority shall Prescribe the minimum standard
to be maintained by a Licencee in operating the
Telecommunications Service.
15. Power to Issue Orders or Directives:
(1) The Authority may, in view of the policy and
guidelines of His Majesty's Government, issue
necessary orders or directives to the Licencee and it
shall be the duty of the concerned person to comply
with such orders or directives.
(2) The Authority may require the particulars of
the activities carried out by the Licencee and the
particulars related to the Telecommunications Service
operated by the Licencee and it shall be the duty of
the concerned person to provide such particulars.
Power to Settle Dispute:
(1) The Authority shall have the power to settle
disputes between the Licencees or between the
Licencee and the Customer relating to the
Telecommunications Service.
The method and procedure of the settlement of the
disputes pursuant to sub-section (1) shall be as
prescribed.
Inspection and Investigation:
(1) The Authority may, if it deems necessary,
inspect or investigate the activities carried out or
the services provided by the Licencee, at any time.
(2) The Authority may, for the purpose of
inspection or investigation pursuant to
sub-section (1), designate any person or body of
the Authority.
(3) It shall be the duty of the concerned Licencee
provide information or particulars and documents
required by the Authority or the person or body
designated pursuant to sub-section (2) in course
of the inspection or investigation.
(4) The procedures to be followed in course of
inspection or investigation pursuant to this Section,
the report thereof and the provisions relating to the
execution of the report shall be as prescribed.
Chapter - 4
Special Powers of His Majesty's
Government
Power of His Majesty's Government to Operate or
Cause to Operate the Telecommunications Service by itself:
Notwithstanding anything contained elsewhere in this
Act, His Majesty's Government may operate the
Telecommunications Service by itself or cause it to be
operated.
19. Special Powers of His Majesty's Government:
(1) In case it requires to stop the transmission
of information or to control transmission system due
to the state of emergency or national security, His
Majesty's Government may carry out the following
acts: -
(a) To take temporarily the Telecommunications
Line and the Telecommunications System installed,
operated or supervised by the Licencee under its
possession,
(b) To order to tape the information, to trace
the transmitter of the information or to stop
such informations related to any specific
subject, person or community.
(2) After the expiry of the circumstance pursuant
to sub-section (1), the Telecommunications Line
and Telecommunication System so possessed by His
Majestys Government shall be returned to the
concerned Licencee.
20. Power to Issue Directives:
His Majesty's Government may, from time to time, issue
necessary directives to the Authority in connection with
the diversification, extension and regularization of the
Telecommunications Service in line with the
Telecommunications policy of the country and it shall be
the duty of the Authority to comply with such directives.
Chapters - 5
Provisions for Licence
Prohibition to Operate Telecommunications Service
without Licence:
After the commencement of this Act, no one may operate
the Telecommunications Service without obtaining a
Licence.
22. Notice to be Published to Submit Application
for Licence:
(1) The Authority shall, before issuing any
Licence relating to any Telecommunications Service
other than those prescribed pursuant to
sub-section (2) of Section 23, determine
the number of Licence to be issued for such service
and types of Telecommunications and publish a public
notice specifying the time limit to submits
application for the Licence.
(2) Within the period of five years from the date
of issue of the Licence of any Telecommunications
Service pursuant to sub-section (1), no other
Licence shall be issued to operate the same
Telecommunications Service.
Provided that, this sub-section shall not bar the
Authority from issuing the Licence to other person in
cased the Licencee fails to provide the
Telecommunications service as prescribed in the
Licence or on the basis of subjective evaluation if
it seems that the additional service for such
Telecommunications Service is required.
23. Application to be Submitted for Licence:
(1) The person, who desires to operate the
Telecommunications Service pursuant to this Act and
has capital, technical expertise and professional
experience as prescribed, shall have to submit an
application to the Authority, setting out the
particulars as prescribed along with economic and
technical study report as well as work plan in
connection with the Telecommunications Service to be
operated, within the time prescribed by the Authority
pursuant to Section 22.
(2) Notwithstanding anything contained in
sub-section (1), application may be submitted
fat any time for the Licence to operate the
Telecommunications Service as specified by His
Majesty's Government by a notification published in
the Nepal Gazette on the recommendation of the
Authority and the number of Licence and process shall
be as specified in that notice.
(3) The persons, who have been operating the
Telecommunications Service since before the
commencement of this Act, shall be required to submit
an application to the Authority for the Licence
setting out the particulars relating to the service
having been operated by them, within six months and
shall have to receive the Licence within one year
form the date of The commencement of this Act.
24. Provision of Licence:
(1) Upon the receipt of the application pursuant
to Section 23, the Authority shall conduct
necessary inquiry in this regard, and in course of
inquiry, if it deems necessary to ask for an
additional information or particulars, the Authority
may ask for the additional information or particulars
from such applicant.
(2) After the inquiry by the Authority pursuant to
sub-section (1), if it deems appropriate to issue the
Licence, the Authority shall issue the Licence to the
applicant upon receiving the fee as prescribed, other
than the Licence to be issued pursuant to sub-section
(3) and (4).
(3) While making an inquiry pursuant to
sub-section (1), if only one person from among
the applicants who submitted the application pursuant
to sub-section (1) of Section 23 is found
to be qualified to operate such Telecommunications
Service, the Authority may fix Licence fee, renewal
fee as well as royalty by negotiation with such
person and shall issue the Licence to him.
(4) While making an inquiry pursuant to
sub-section (1), if more than one persons are
found to be qualified to operate such
Telecommunications Service from among the applicants,
the Authority may notify all of these persons for
bidding in connection with the Licence fee, renewal
fee as well as royalty and shall issue the Licence to
the person who quotes maximum amount in the bidding.
(5) While issuing a Licence pursuant to
sub-section (2), the Authority shall issue the
Licence within ninety days of the receipt of the
application or of the receipt of them additional
information or particulars if such information or
particulars are required pursuant to
sub-section (1).
(6) While issuing a Licence pursuant to
sub-section (3) or (4), the Authority
shall issue the Licence within one hundred and twenty
days from the last day prescribed fold the submission
of the application pursuant to sub-section (1) of
Section 23 or from the date of the receipt of the
additional information or particulars, if such
information or particulars are required pursuant to
sub-section (1).
(7) A person, who could not obtain the Licence
within the time stipulated in
sub-section (5) or (6), may file a
complaint to His Majesty's Government within thirty
days of the expiry of such time limit and the
decision of His Majesty's Government in such
complaint shall be final.
25. Period of Licence and Renewal:
(1) The period of Licence shall be of twenty-five
years at the maximum.
Privoded that, the Licence shall not be issued for
a period of more than ten years at a time.
(2) A Licencee desiring to have his Licence
renewed shall be required to submit an application to
the Authority for the renewal of the Licence before
the expiry of the period of the Licence within the
prescribed period. If an application is so made, the
Licence shall be renewed for a period of not more
than five years at a time.
(3) The Licencee pursuant to sub-sections (3)
and (4) of Section 24 shall deposit the
renewal fee as agreed by him to the Authority for the
purpose of the renewal of the Licence pursuant to
sub-section (2).
(4) The Licencee pursuant to sub-section (2)
of Section 24 shall deposit the renewal fee as
prescribed to the Authority for the purpose of the
renewal of the Licence pursuant to
sub-section (2).
(5) In case the Licence is not renewed within the
time limit pursuant to sub-section (2), such
Licence shall ipso facto be invalid.
Amendment to the Licence:
(1) In case a Licencee deems it necessary to make
any amendment to any matter set forth in the Licence
obtained by him, such Licencee shall submit an
application to the Authority stating the reasons
thereof.
(2) If the reasons for the amendment to the
Licence mentioned in the application submitted
pursuant to sub-section (1) are found reasonable
and appropriate, the Authority shall amend the
Licence within thirty days of the receipt of such
application, if it does not affect the substantial
matters mentioned in the Licence, if it does not seem
necessary to amend the Licence, a notification to
that effect with reasons shall be given to the
applicant.
(3) A fee as prescribed shall be required to
deposit in the Authority for the amendment to the
Licence pursuant to sub-section (1).
(4) In case the Authority deems it necessary to
make any amendment mentioned in any Licence the
Authority may give notice to that effect to the
concerned Licencee stating the reasons thereof.
(5) On the receipt of the notice pursuant to
sub-section (4), if the Licencee deems no such
amendment is required to his Licence, such Licencee
may submit an application to that effect to the
Authority stating the reasons thereof within fifteen
days of the receipt of such notice.
(6) Upon the receipt of an application pursuant to
sub-section (5) or upon the expiry of that time
limits, the Authority shall decide whether to make or
not to make amendment to the Licence and notify the
Licencee thereof.
27. Sale or Transfer of Licence:
(1) In case a Licencee desires to sell or transfer
his Licence to any other person, the Licencee and the
buyer or the transferee of the Licence shall have to
submit a joint application to the Authority stating
the reasons thereof along with the terms and
conditions mutually agreed, for the approval.
(2) Upon the receipt of an application submitted
pursuant to sub-section (1), while making an
inquiry by the Authority, if it deems appropriate to
sell or transfer the Licence to the person mentioned
in the application, the Authority shall grant
approval for such sell or transfer within thirty days
of the receipt of the application, and if it deems
inappropriate to permit to sell or transfer, a
notification with reason shall be given to the
applicant.
(3) A fee as prescribed shall be required to be
paid to the Authority for the approval to sell or
transfer the Licence.
28. Licence May be Cancelled:
(1) In case the Licencee fails to operate the
Telecommunications Service within the time limit as
specified in the Licence, the Authority may cancel
such Licence.
(2) If the Licencee acts in contravention of this
Act or the Rules made thereunder and the terms and
conditions set forth in tine Licence, the Authority
may issue an order to the concerned Licencee to
improve on such acts specifying the time thereof.
(3) If the Licencee fails to improve the acts
within the period specified pursuant to
sub-section (2), the Authority may cancel the
Licence of such person.
(4) Notwithstanding anything contained in
sub-section (1) or (3), the Licencee shall
be provided a reasonable opportunity to submit his
clarification.
(5) A Licencee not satisfied with the cancellation
of the Licence by the Authority pursuant to
sub-section (3), may file a complaint to His
Majesty's Government within thirty-five days and the
decision of His Majesty's Government in such
compliant shall be final.
29. Terms and Conditions to be Complied With by
the Licencee:
The terms and conditions other than those mentioned in
this Act to be complied with by the Licencee shall be as
prescribed.
30. To Develop, Expand and Operate the
Telecommunications Service in the Directed Area:
(1) The Licencee pursuant to sub-sections (3)
and (4) of Section 24 shall invest the
prescribed percent of his total investment for the
development, extension and operation of the
Telecommunications Service in the rural area.
(2) The rural area, in which the Licencee is
required to extend the Telecommunications Service
pursuant to sub-section (1), shall be as
mentioned in the Licence and in case it is not
mentioned in the Licence, it shall be as specified by
the Authority from time to time.
(3) If any Licencee, on the basis of mutual
agreement, wishes to develop, extend and operate the
Telecommunications Service to be developed, extended
and operated by other Licencee pursuant to
sub-section (1) and (2), the Authority may
after making necessary inquiry, grant its approval.
(4) The Authority shall create a fund for the
development, extension and operation of the
Telecommunications Service in the rural area and the
Licencee shall deposit such amount, every year, out
of the annual income received by him as specified by
the Authority.
(5) The Authority shall use the amount deposited
in the fund pursuant to sub-section (4) for the
development, extension and operation of the
Telecommunications Service in the rural area subject
to the policy of His Majesty's Government relating to
the Telecommunications.
(6) The Authority may designate any Licencee for
developing extending or operating the
Telecommunications Service pursuant to sub-section
(5) and such Licencee shall develop extend and
operate the Telecommunications Service in the rural
are as specified by the Authority.
31. Interconnection and Use of
Telecommunications System Allowed:
(1) The Licencee shall be allowed to mutually
connect the Telecommunications System developed by
him with the Telecommunications System developed by
other Licencee and use it.
(2) If a Licencee requests, to connect and use the
Telecommunications System developed by another
Licencee the Licencee shall be allowed to connect and
use on the terms and conditions mutually agreed upon
or on the terms and conditions determined by the
Authority, if such agreement could not be reached.
32. Royalty to be Paid:
(1) The Licencee pursuant to sub-section (2) of
Section 24 shall be required to pay royalty to His
Majesty's Government as prescribed.
(2) The Licencee pursuant to sub-sections (3) and
(4) of Section 24 shall be required to pay royalty to
His Majesty's Government as promised by him.
(3) The method of payment of royalty and the time
shall be as specified by the Authority.
33. To be Owned by His Majesty's Government:
(1) The land, building, plant, equipment and other
structures related to the Telecommunications service
developed with more than fifty percent of its
investment by a foreign person or corporate body
shall be under the ownership of His Majesty's
Government after the expiry of the period of the
Licence.
(2) The assets so owned by His Majesty's
Government pursuant to sub-section (1) may be
purchased by the previous Licencee upon payment to
His Majesty's Government at a price fixed pursuant to
sub-section (3) and after obtaining the Licence once
again, the Telecommunications Service may be
operated.
(3) For the purpose of fixation of price mentioned
in sub-section (2), His Majesty's Government may, in
consultation with the Authority, constitute a
committee consisting five members at the maximum.
(4) In case of the Telecommunications Service
operated with the investment of foreign person or
corporate body up to fifty percent, the previous
Licencee may, after the expiry of the period of the
Licence, operate the Telecommunications Service by
obtaining the Licence once again.
Chapter - 6
Facilities to be Obtained by the Licencee
34. Facilities Relating to Tax and Charges:
(1) If his Majesty's Government deems necessary
for encouraging investment in the services relating
to the Telecommunications, His Majesty's Government
may, by a notification published in the Nepal
Gazette, exempt the Licencee from income tax for a
specific period.
(2) His Majesty's Government may, by a
notification published in the Nepal Gazette, exempt
fully or partially, the customs duty, sales tax and
other Charge to be levied on the import of such
equipment relating to Telecommunications as mentioned
in such notification.
35. Foreign Exchange Facility:
(1) If foreign currency is invested as loan or
share capital for the purpose of providing the
telecommunications Service, His Majesty's Government
shall avail necessary foreign currency at the
prevailing exchange ate for the purpose of payment of
such loan, the interest there of or repatriation of
the investment.
(2) If a Licencee is required to import the
equipment necessary to operate the Telecommunications
Service from abroad, His Majesty's Government shall
avail the foreign currency required for such import,
at the prevailing exchange rate.
Chapter - 7
Installation and Supervision of
Telecommunications Line
36. Right to Use Land:
The Licencee or his representative may install or keep
and supervise the telecommunications Line on or upon any
public or private land and for this purpose may fix a
pole or mast and if the land consists any tree, the
Licencee may keep anything or support on such tree or may
cut the tree, if it creates problem, loss or damage or
obstacle to the Telecommunications Line.
Provided that, -
(1) If the land, where such Telecommunications
Line is installed or is to be installed, is a public
land, no compensation shall be required to pay for
such land, and if any loss or damage is caused to any
public property constructed or installed on such
land, the Licencee shall be required to repair and
maintain or reconstruct so as to bring it in the
previous position.
(2) If the land, where such Telecommunications
Line is installed or is to be installed, is a private
land, such line shall be installed at the proper and
appropriate place without causing any loss or damage
to such person and in case any loss or damage is
caused to such person in course of installation, the
Licencee shall be required to pay compensation.
(3) The status of the Licencee fin the land
where the Telecommunications Line is kept or
installed, shall be as a user of the
Telecommunications Line and he shall have no other
rights on such land.
37. Power To Inspect, Repair or Transfer the
Telecommunications Line From One Place to Another Place:
The Licencee may transfer from one place to another
place, inspect or repair and maintain the
Telecommunications Line or equipment erected or installed
by him and for this purpose he shall have the power to
enter into the land where such Telecommunications Line or
equipment exists.
Provided that, if any loss or damage is caused to
anyone in course of such repair and maintenance or
improvement of the line, the Licencee shall pay
compensation to the concerned person.
38. Entrance to Other's House and Land:
In course of operation of the Telecommunications
Service, if the Licencee is required to enter into
anyone's premises, he shall enter into such premises only
after giving a prior written notice to the concerned
person. In case any loss or damage is caused due to such
entrance, the Licencee shall pay compensation to the
concerned person.
Provided that, if there is sufficient ground to
suspect that the Telecommunications Service is being
unauthoritatively used or theft on any premises, the
Licencee may enter into the concerned premises for the
inspection of such matter, giving at written notice at
once to the concerned person.
39. Provisions Relating to Compensation:
(1) The amount of compensation to be paid by the
Licencee pursuant to
Sections 36, 37 and 38 shall be
determined within fifteen days form the date of such
event and a notice shall be given to the concerned
person.
(2) The amount of compensation to be paid pursuant
to sub-section (1) shall be proper and
reasonable.
(3) A person not satisfied with the amount of
compensation determined pursuant to
sub-section (1), may submit an application
accompanied with reasons to the Authority within
fifteen days of the receipt of the notice thereof.
The decision of the Authority in this regard shall be
final.
40. Use or Acquisition of Other's House and
Land:
(1) If the Licencee requires to use or acquire
others premises for the purpose of expansion or
distribution of the Telecommunications Service and
fails to obtain or use the premises from the
concerned person, the Licencee may submit an
application accompanied with the details to the
Authority for the obtaining or use of such premises.
(2) Upon receipt of an application pursuant to
sub-section (1), the Authority shall make
necessary inquiry and upon such inquiry if it deems
necessary and appropriate to acquire the premises as
mentioned in the application, the Authority shall
forward its recommendation thereof to His Majesty's
Government within thirty days of the receipt of the
application.
(3) Upon the receipt of the recommendation of the
Authority pursuant to sub-section (2); His
Majesty's Government may provide such premises to the
Licencee as it is provided to the corporate body
pursuant to prevalent law. If it is government land,
such land may be availed on lease for the period of
the Licence.
Chapter - 8
Fixation and Realization of Service
Charge
41. Service to be Availed:
(1) If the Licencee has received deposit from the
Customer to avail the Telecommunications Service,
such service shall be availed within six months of
the receipt of the deposit from the
Customer, and if the Licencee fails to avail such
service within that time, an interest at the rate of
the ten percent shall be paid to the Customer from
the date of receipt of the deposit.
Provided that, the service shall be availed within
one year of the receipt of the deposit.
(2) The interest to be paid to the Customer
pursuant to sub-section (1) may be deducted from
the service charge payable by the customer.
42. Service Charge:
(1) The Licencee may levy and realize Service
Charge for the Telecommunications Service availed by
him to the Customer -
Provided that -
(a) The rate of such Service Charge shall have
to be approved by the Authority.
(b) The rate of such Service Charge shall be
published as directed by the Authority.
(c) The rate of such Service Charge shall be
proper and reasonable.
(2) For the purpose of sub-section (1), the
Licencee shall be required to prepare the list of
Service Charge on the basis of guidelines issued by
the Authority and shall submit the list stating the
date of its enforcement; to the Authority at least
three months in advance of such date.
(3) The Licencee shall not unduly discriminate on
the service charge and other terms and conditions or
give undue priority to anybody including himself or
cause undue loss or damage to anybody.
43. Service may be Stopped:
The Licencee may stop the Telecommunications Service
availed to the customers on the following circumstances:
-
(a) If it requires to inspect, repair or
extend or to do any other important work on the
Telecommunications Line or the Telecommunications
System,
(b) If any Customer fails to pay the charge
payable by him, for such Customer,
(c) If any Customer uses the service
unauthoritatively or in contravention of the
terms and conditions, for such Customer,
(d) If there appears such events as natural
calamity or strike, lockout, riot or similar
other events beyond the control.
Chapter - 9
Fund, Account and Audit of the Authority
44. Fund of the Authority:
(1) The Authority shall have its own separate fund
and the fund shall consist of the following amounts:
-
(a) Amount received from His Majesty's
Government.
(b) Amount received as fee for the issuance
and renewal, amendment sale or transfer of the
Licence.
(c) Amount received as grant from foreign
government, organization or association.
(d) Amount received from any other sources.
(2) The Authority shall obtain the approval of His
Majesty's Government before receiving any amount
pursuant to Clause (c) of sub-section (1).
(3) The amount of the fund of the Authority shall
be deposited to any bank within the Kingdom of Nepal
and such bank account shall be operated as specified
by the Authority.
45. Budget and Expenditure:
(1) The Authority shall cause to prepare its
budget every fiscal year and approve it for the
operation of the functions pursuant to this Act.
(2) All the expenditures of the Authority, shall
be borne from the fund of the Authority, subject to
the approved budget pursuant to sub-section (1).
(3) In case the amount, received by the Authority
every year pursuant
to Clauses (b), (c) and (d)
of sub-section (1) of Section 44, becomes
insufficient to carry out the functions pursuant to
this Act, the Authority may request to
His Majesty's Government for such deficit
amount, and in case the amount so provided by
His Majesty's Government is in excess the
Authority shall pay such excess amount to
His Majesty's Government.
46. Account of the Authority and Audit:
(1) The accounts of the income and expenditure of
the Authority shall be maintained in accordance with
the prevalent laws.
(2) The audit of the accounts of the Authority
shall be done by the Auditor - General.
(3) His Majesty's Government may, if it deems
necessary, inspect or cause to inspect the accounts
of the Authority at any time.
Chapter - 10
Punishment and Appeal
47. Punishment:
(1) If a person contravenes the provisions of this
Act or the Rules made thereunder or fails to uphold
the orders or directives by the Authority, the
Authority may award a fine of up to Fifty Thousand
Rupees to such person, and if any loss or damage is
caused to anybody due to such offence, the Authority
may cause to realize the amount of such damage or
loss or also the compensation thereof from the
offender.
(2) If any person operates the Telecommunications
Service without obtaining the Licence pursuant to
this Act or operates the Telecommunications Service
without complying with the terms and conditions
mentioned on the Licence, the Authority may award a
fine up to Fifty Thousand Rupees to such person and
may also cause to stop such act.
(3) If a person misuses or unauthoritatively uses
the Telecommunications Service or causes loss or
damage to any property related to the
Telecommunications Service, the Authority may realize
the amount of such loss or damage tend may impose a
fine according to the amount.
(4) If a person abuses; threatens or causes
unnecessary harassment through the Telecommunications
Service, the Authority may award a fine of up to
Twenty Five Thousand Rupees to such person and may
also cause to stop such service.
Provided that, before stopping the
Telecommunications Service, the Authority shall
provide the concerned person with proper opportunity
of his clarification.
(5) If a person acts intentionally to cause
adverse effect damage or cause any other loss or
damage to the Telecommunications Line,
Telecommunications System or the equipment or any
other structure related to such Telecommunications
Line or Telecommunications System or induces for such
acts or attempts to do such acts such person may be
fined with an amount equal to loss or damage as well
or punished with an imprisonment for a term not
exceeding five years or with both punishment
according to the degree of crime.
48. Appeal:
A person who is not satisfied with the order issued by
the Authority pursuant to
sub-sections (1), (2) (3) and (4) of
Section 47 may appeal within 35 days to the
prescribed committee and the decision of such committee
shall be final in regard to that appeal.
Chapter - 11
Miscellaneous
49. Provisions on Determination of Radio
Frequency Policy:
(1) There shall be a Radio Frequency Policy
Determination Committee for the purpose of
determining the policy relating to the radio
frequencies and allocation comprising the chairman
and the member as follows: -
(a) Minister or Minister of State,
Information and Communications - Chairman
(b) Secretary, Ministry of Home - Member
(c) Secretary, Ministry of Defence - Member
Secretary, Ministry of Tourism and Civil
Aviation - Member
(e) Secretary, Ministry of Information and
Communications - Member
(f) Chairman, Nepal Telecommunications
Authority - Member
(g) At least Gazetted first class or expert
Officer equivalent
there to designated by His Majesty's
Government - Member - Secretary
(2) The functions, duties and powers of the
committee constituted pursuant to
sub-section (1) shall be as follows: -
(a) To determine the policy relating to radio
frequency.
(b) To fix and allocate the radio frequency
for different services.
(C) To determine the pricing policy of radio
frequency.
(d) To determine the policy for international
and mult purpose coordination of radio frequency.
(3) Other functions, duties and powers and
procedures relating to the meeting of the committee
constituted pursuant to sub-section (1) shall be
as prescribed.
50. Constitution of Sub-committee or Task Force:
(1) The Authority may, as it deems necessary,
constitute sub-committee or task force for the
operation of its function smoothly.
(2) The functions, duties and powers and other
procedure of the sub-committee or task force
constituted pursuant to sub-section (1) shall be
as specified by the Authority.
51. Oath To be Taken:
Before assuming the office, the Chairman and Members
shall take oath before the Minister or Minister of State
for information and Communications as mentioned in the
Schedule.
52. To Prepare and Implement the Guidelines:
(1) The Authority may prepare and implement the
Guidelines on the following subjects: -
(a) Regarding to the interconnection and use
of the Telecommunications System developed by the
Licencee.
(b) Regarding to the fixation of Service
Charge and other fees to be levied and realized
for the Telecommunications Service availed by the
Licencee.
53. Acts Done by the Authority Not to be
Invalid:
The acts done or actions taken by the Authority, shall
not be invalid I only due to the reason that the post of
a Member of the Authority has fallen vacant or any error
in the constitution of the Authority.
54. Case not to be Initiated:
No case shall be initiated in any court for the acts
or actions done in good faith in course of carrying the
duty pursuant to this Act by the Authority or any Member
or employees of the Authority or any person or office
designated or delegated by the Authority.
55. Annual Report:
(1) The Authority shall submit the annual report
of its activities carried out during that year to His
Majesty's Government within three months of the
expiry of every fiscal year.
(2) The Authority shall publish the report
submitted pursuant to sub-section (1) for the
notification of the public in general.
56. Delegation of Authority:
The Authority may, as per necessity, delegate some of
the powers conferred upon it pursuant to this Act or the
Rules made pursuant to this Act, to the Chairman or
sub-committee or task force constituted pursuant to
Section 50 or staff of the Authority.
57. His Majestys Government to be
Plaintiff:
His Majesty's Government shall be plaintiff in the
cases pursuant to sub-section (5) of Section 47
and such cases shall be deemed to be included in
Schedule- 1 of the Government Cases
Act, 2049 B S. (1992 A.D.).
58. Liaison with His Majestys Government:
The Authority shall make liaison with His Majesty's
Government through the Ministry of Information and
Communications.
59. Existing Laws to Prevail:
This Act shall prevail on the matters provided for in
this Act and in other matters the existing law shall
prevail.
60. Power to Remove Difficulties:
(1) If any difficulty arises in the implementation
of this Act, His Majesty's Government may, issue
necessary order by a notification published in the
Nepal Gazette, to remove such difficulties without
any inconsistency with the provisions of this Act.
(2) Each order issued pursuant to
sub-section (1) shall be presented to the
Parliament as soon as possible.
61. Power to Frame Rules:
(1) His Majesty's Government may frame necessary
Rules for the implementation of the objectives of
this Act.
(2) Without prejudice to the generality of the
powers conferred by sub-section (1),
His Majesty's Government may frame Rules on the
following subjects.
(a) Format of an application to be submitted
for the Licence and particulars to be
incorporated thereon, format of the Licence and
terms and conditions, fee for the Licence and
renewal fee, and royalty.
(b) Format of an application to be submitted
for the amendment to the Licence or sale or
transfer of the Licence and particulars to be
incorporated thereon and the fee payable for it.
(c) The terms and conditions to be complied
with by the Licencee during the operation of the
Telecommunications Service and matters relating
to the standard of service to be provided to the
customers.
(d) Method and procedure for the distribution
of frequency.
(e) Other necessary matters.
62. Power to Make Bye-Laws:
The Authority may subject to the provisions of this
Act and the Rules made thereunder, make necessary
Bye-laws.
63. Repeal and Saving:
(1) The Telecommunications Act,
2019 (1962 A.D.) is hereby repealed.
(2) All the acts and actions done and carried out
pursuant to the Telecommunications
Act,2019 (1962 A.D.) before the
commencement of this Act, shall be deemed to be done
and carried out pursuant to this Act.
Schedule
(Related to Section 51)
OATH
I....................................... swear in the name of
God/ with trust and faith that I will faithfully discharge the
duties of the post of Chairman/ Member with allegiance to the
Telecommunications Act, 2053 (1997 A. D.)
without Fear, favour, affection, ill will or greed and I will not
in any circumstances other than in accordance with prevalent
laws, disclose any matter which shall be known to me in course of
performance of my duties.
Date: -..................
..........................................
Signature
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